Criminological Ideas in Thomas More’s Utopia & Modern Criminal Policy

Criminological Ideas in Thomas More’s Utopia

Introduction

St. Thomas More, canonized in 1935, offered insightful criminological theories and criminal policy suggestions in his book Utopia. This work analyzes the real situation of England during his time by comparing it to the ideal society of Utopia—a fictional country where everyone lives in harmony, works productively, and enjoys satisfactory entertainment.

Criminological Ideas in Utopia

More’s criminological ideas can be categorized into two main areas: etiology (the study of crime causation) and criminal policy (crime prevention). He believed that crime arises from multiple factors, including wars, cultural and educational deficits, social environment, and idleness. However, he emphasized socio-economic stress, such as the unequal distribution of wealth and poverty, as primary drivers.

Socio-Economic Factors

More argued that the high cost of living was a root cause of crime. He illustrated this with the example of landowners firing servants, leaving them with no option but to beg, steal, or resort to other illicit activities to survive. He advocated for ensuring everyone’s survival needs were met to prevent them from resorting to crime.

Social Environment

More condemned war as entirely bestial. He believed that brothels, taverns, gambling dens, and other forms of entertainment that emptied people’s pockets and led them to theft should be combated. He also stressed the importance of maintaining citizens’ education.

Criminal Policy

More criticized the harsh and disproportionate penal system of his time. He proposed a criminal policy based on effective preventive action by the state. This involved addressing the root causes of crime, such as poverty and inequality, and creating a “right reward system” to incentivize virtuous behavior. He believed that the state’s efforts should focus on combating the factors that lead to crime rather than just punishing the crime itself.

Proportionality and Indeterminate Sentencing

More supported the idea of proportional punishment, arguing that disproportionate penalties could be criminogenic. He also advocated for indeterminate sentencing, a concept later adopted by positivist criminology. He reasoned that if a criminal faces the same punishment for stealing a loaf of bread as for highway robbery, they might as well commit the more serious crime.

Restitution

Another notable proposal by More was for the government to facilitate the offender’s compensation to the victim for the damages caused by their crime.

Modern Criminal Organizations

Characteristics of Criminal Organizations

  • Temporal association of two or more individuals
  • Criminal or economic purpose
  • Established hierarchy
  • Plurality of criminal activities
  • Connections with other similar organizations
  • Political protection
  • Rules of silence and internal discipline
  • Professional rivalry with other groups
  • Participation in social life

Types of Criminal Organizations

Financial Organizations

  • Focus on financial transactions, industrial activities, and banking
  • Criminality arises from the need to ensure the success of illicit transactions
  • Methods include concealing profits, simulating losses, and evading taxes
  • Key players are executives and directors

Political Organizations

  • Engage in criminal activities and abuse of power to maintain control
  • Aim to ensure stability and eliminate opponents
  • Often enjoy official impunity

Non-Official/Protest Organizations

  • Formed for political, revolutionary, or protest purposes
  • May operate openly or clandestinely
  • Funding sources include dues, publications, grants, and extortion
  • May engage in violence and terrorism