Pioneers of Criminology

Posted on May 10, 2024 in Law & Jurisprudence

ERNEST SEELIGER

Genesis Crime Austrian School (Critique of Lombroso)

The offender is not anthropologically unit. Emphasizes crime prevention. Seeliger believes in the existence of major criminological types, which are repeated over and over in the criminal world, with very similar characteristics. An individual may be characteristic of a single type (pure type) or may belong to different types presenting their different characters (mixed type). Noting the development of criminal life of an individual also can be distinguished:

  • Parallel types, in which there is contemporary complex characters of various types.
  • Metamorphic types, in which complex characters of different types is happening temporarily.

For the formation of a kind, Seeliger uses a “combined procedure” (typing phenomenological, based on direct observation of offenders by adding a mental note) of properties of character and ways of life. So are eight types criminology major.

Offender Against the Estate for Small Force of Resistance

In contrast to the above, it is men who meet a social mission, and can frequently be described as industrious workers. However, they lack, compared to stimuli from the surrounding world for crime, particularly against the possibility that their profession gives them to appropriate what belongs to others or to obtain an unlawful gain, the inhibitions necessary. Despite “good intentions” that often conceived, they repeat often. Characterologically, have no other peculiarity. Special rates are described SEELIGER:

  • Employee thief
  • Domestic
  • Cheating apprentices
  • Teller venal
  • The official, who abuse their functions, is enriched by appropriating what belongs to another person.
  • The merchant
  • Scammers occasional selfish and that appropriate found objects.

Manuel de Lardizabal (1739-1820)

In the illustrated current Spanish, Manuel de Lardizabal is a highlight. It is the most important example of enlightened thinking in Spain, that is, Christianity Illustrated, and I try to reconcile rationalism with the ethical component and corrections that characterizes the Spanish tradition from Seneca. His work, aimed at experts, not the general public, is an advance and coding. Lardizabal censorship laws still in force in Spain. Accepts Lardizabal, but only subtly, the design contract (social contract theory) illustrated. Rejects the principle of division of powers, Montesquieu, a principle which, moreover, was incompatible with the structure of the Council of Castile. He is an advocate of the principle of legality of crimes and penalties and contrary to judicial discretion: Only the law can prescribe any punishment for crimes and this authority should reside solely in the legislature. Every faculty of judges should be reduced only to examine whether the accused has contravened or not the law, to acquit or convict to the penalty prescribed for her. But the most original de Lardizabal, and its greatest contribution lies in the theory of punishment, for their relative or moderate utilitarianism, for Lardizabal, the penalty serves a general public safety and health of the state. The correction of the offender to make better, if possible, and again not to harm society. After exemplary, so that those who have not committed crimes to desist from this.

Cesare Beccaria (1738-1794)

This author humanitarian law is a clear example of the many existing in the eighteenth century, representative of the new European social philosophy that prevails from the Enlightenment. He has authored one book, “Of Crimes and Penalties,” published anonymously in 1764 work that founded the Criminal Law in its modern sense. His work, have read, influenced Catherine II of Russia, Maria Theresa of Austria, Peter Leopold of Tuscany, Joseph II and Louis XVI and other monarchs of the time, who abolished torture and the death penalty in their respective countries. It was also discussed in the National Assembly of the French Revolution. Although it was not all praise, since the book was banned in the Venetian Republic and was included in the papal Index of Prohibited Books in 1766. Monarchies Criminal Law defended a Roman and medieval, that it facilitated their authority and abusing always allowed. Criminal proceedings were inquisitorial. The application of criminal law by judges was not regulated. Criminal codes did not determine the penalties to apply to a crime. Beccaria advocated a criminal law based on the following principles:

Principles of Criminal Law

  1. Clear distinction between sin and crime.
  2. The legislature must be separate from the judiciary.
  3. Rationality.
  4. Legality. Only the law can prescribe any penalties for crimes and not the will of the judge. The interpretation of the law for the legislature and not the judge. The criminal law must contain all the elements necessary to eliminate the arbitrariness of the judges.
  5. Criminal justice must be public. The process, adversarial, clear and rational evidence.
  6. Torture should be abolished. “Torture should be abolished, because in many cases, only serves to condemn weak innocent and acquit the offender strong.”
  7. Equality before the law. Penalties are to be the same for everyone and the law should require all.
  8. Is necessary to set short deadlines, but sufficient for the presentation of evidence to the defense of the accused and for the penalty.
  9. The seriousness of the crime must be proportionate to the harm they cause.
  10. Strict proportionality between crime and punishment.
  11. The atrocity of punishment is at least useless, but pernicious, and therefore should soften the maximum.
  12. Combination use of punishment and justice. The faster and close to the crime committed the penalty, more just and useful. Let’s see what Beccaria himself says: The end, then, is not simply to prevent further damage to the accused to his fellow citizens, and others away to others like
  13. The death penalty should be totally abolished. Required the death penalty in two cases: national security or when the individual can cause a dangerous revolution in the form of government established.
  14. Prevention is preferable to sanctions. Repression is not the only or the best way to prevent the commission of criminal acts.