CRIMINOLOGY (GOPPINGER)
What is considered as this discipline as ``a science
interdisciplinary empirical. It deals with the circumstances of the
human and social sphere, related to the emergence,
commission and the prevention of crime, as well as treatments
law offenders. Acting with an interdisciplinary principle
and multifactorial, directs its research in the field of
experience in everything related to the standards of
Law as with the personality of the offender and their
circumstances in the relationship of behavior condemned by the
legal and social order.
SCIENTIFIC DISCIPLINES THAT ASSIST CRIMINOLOGY:
CRIMINAL ANTHROPOLOGY:
Study the criminal in his aspects
morphological and anatomical, trying to establish a possible
relationship
between physical characteristics and criminal behavior. As noted
Rodríguez Manzanera "criminological anthropology studies the
criminal
based on their somatic characteristics, analyzing the
measurements and
numerical relationships of the different parts of the human body
(Anthropometry) 7
CRIMINAL PSYCHOLOGY: In relation to behavior of
delinquent, the
psychology tries to understand 'what induces a
individual a
to offend, because the idea of punishment does not make him give up his
conducts
criminals."8 That is, it focuses on the study of the
personality of the
delinquent to obtain a diagnosis that allows
to forecast your
behavior in the future and "based on which it can"
to design oneself a
appropriate treatment for their readjustment, through
a task
integral therapy. Knowledge of the personality of
delinquent
it is essential to differentiate one case from another and to be able to
rebuild the
etiology and dynamics of the criminal phenomenon in particular.
Criminal Sociology: It is impossible to deny the dimension
social what has
the crime, both in its causes and in its consequences
context
social is fundamental when addressing the phenomenon
criminal. The
General sociology is the science that studies facts
social and the
social reality, the interactions and connections between the
individuals in
its social dimension, seeking to understand its meanings and
structures in a specific historical context.
Criminological Biology: Rodríguez Manzanera
define how the
science that "studies the man of antisocial behavior as a
being alive
from its genetic background to its processes
anatomy-
physiological; the influence of biological phenomena on the
criminality
and the participation of biological factors in crime.
Victimology: The victim is a fundamental element of the
dynamic
criminal, but criminology, which has been interested since its beginnings
more for
the motivations of the criminal, did not take into account the
figure of the
victim until relatively recently. Therefore the
Victimology
as a scientific discipline it is a young science (early
twentieth century
the term was first used by the psychiatrist
Fredric
Wertham, to refer to "scientific discipline"
derivative 10
Criminal Sociology.
Penology: Some authors consider it a branch of
the sciences
penal, but its link to criminology is undeniable
because the
penology studies 'the systems of punishment and redemption of the
criminals, as well as the legal methods and procedures
intended to prevent crime.
EVOLUTION AND DEVELOPMENT OF CRIMINOLOGY
Predecessors of Criminology
Classical School
Positivist School
Ancient Stage
Scientific and pre-scientific stage
Predecessors of Criminology:
According to the author, the main precursors or promoters of the
Criminology due to its contributions are:
a. César Lombroso
b. Enrico Ferri
c. Rafael Garófalo
CESAR LOMBROSO:
Cataloged as the father of criminology
I analyze the incarcerated population determining that the more
Such people had abnormalities, but the most notable and serious were
the
crimes committed. Therefore, that was according to him the cause.
Enrico Ferri
In 1882, he conducted studies on punishment and published a book.
titled
socialism and crime.
He was the director of the Institute of Criminal Law at the University of Rome.
A course was created divided into four parts:
the criminal
the crime
3. the sanctions. And
4. the procedure.
According to Ferri, THERE IS NO CRIME BUT CRIMINALS, which summarizes
the
thought of the Positivist School, according to which it establishes that
there are 3
factores que producen el delito: 1. individual, 2 física y 3. interrelación
and none can disassociate themselves.
Rafael Garófalo:
He was part of the Positivist School; however, he had already...
published some writings that would provide the foundations and legal guidance
in concepts such as: dangerousness and special and general prevention.
Focuses its study on the analysis of the personality of those who
they should
to sentence, demonstrating that the sentenced were people with low
feelings, lacking mercy or probity.
Create the first outline of the penalties according not to the crime but to the
classification of criminals.
Classical School:
Changes in thinking arise, leading to emergence.
of
the sciences.
Due to this, it was demonstrated that man through the
reason
experienced pain and pleasure for what the State ceased to be
observed
as a divine entity that imposed punishments and rules for
all the
citizens. Rather, the dictates of reason were followed,
The Classical reform did not exist as such since the
perspective
historical however, according to Ferri, those were called classics
jurists
pre-positivists or those after Beccaria.
Beccaria 1764
He founded the principles of the Classical School.
He wrote a work called Crimes and Punishments in which he dealt with
of
to find the equality of all citizens before the law, that
him
they wrote the laws so that they would be understood by all
individuals not only by legal scholars and most importantly
is
that the interpretation of the law cannot be given in a distorted manner to the
moral for judges and legal scholars. It also sought
delimit
the scope of criminal laws to the minimum necessary to
minimize the
crime.
The Classical School led to the end of injustice and the
barbarism
represented by Criminal Law, seeking humanization
based on
regarding the law, the recognition of the guarantees
individuals and the
limitation of the absolute power held by the State.
Postulates of the Classical School.
In the year 1876, "The
criminal man of the doctor
EZEQUIAS MARCO CÉSAR
LOMBROSO LEVI who after
having studied criminals
for a long time within the
jails and outside of them (since
paid some not incarcerated
to carry out studies,
found a series of
physical, social and
psychological in these beings:
a powerful development of the jaws,
anomalies in the ears, insensitivity to pain,
sexual precocity, laziness, instability
emotional, lack of foresight, inclination to
alcohol, organization in the form of gangs, the
tendency to get tattooed and inclination towards games
cruel, among other particularities; thus,
LOMBROSO believed in the existence of a
predetermined criminal man to the crime and that
it resembled the savage being, to a regression of
primitive man
with the study of its causes, to
LOMBROSO is attributed to being:
the godfather of criminology and it is April 15, 1876 that
consider the birth of criminology as a science.
Who worked with Lombroso:
Enrico Ferri
Rafael Garofalo
They considered Lombroso as the center of ideas.
on which they worked developing theories and
useful concepts for science.
Ferri is considered as:
The father of criminal sociology
GAROFALO:
I spread and popularize the term criminology with the
publication of your book (study on crime and the
theory of repression
Definition criminology authors Cesar Garofalo Ferri
well the studies of LOMBROSO,
FERRI and GARÓFALO were the origin of the
Criminology as a science that studies the
criminal physically, socially, and psychologically, and
these analyses are the basis for the description
of antisocial behavior, and although there is
authors who claim that these theories are already
ancient, cannot be considered as such, because
still persist noticeably at the moment
to make the psychological, social and
dangerousness of the offender.
For the Spanish jurist ANTONIO
GARCÍA-PABLOS DE MOLINA: The
Criminology studies crime,
the personality of the criminal and the
social control to avoid this
behavior; moreover, it tries to
provide information
scientific, contrasted about the
genesis, dynamics and variables of
crime from the individual to
the social, as well as the programs
of prevention and treatment of
being antisocial.
WHAT SCHOOLS DEVELOPED CRIMINOLOGY:
CLASSICAL SCHOOL
Positive School
CLASSICAL SCHOOL
In the 17th and 18th centuries, new social classes emerged.
such as the merchants and
bankers, this period is called the Age of Enlightenment.
New changes began to emerge in the way of
thinking, reaching a
rise of the sciences in the search for legal norms and
displacing the erroneous
the ways of God.
POSTULATES OF CLASSICAL SCHOOL
Normality of the criminal: nothing distinguishes the man
delinquent of that non-delinquent, for all the
men are the same.
Irrationality of crime: crime is an irrational act and
incomprehensible since man with his freedom and
decision-making capacity has not known how to choose the path that
it suited him/her.
They establish a priority of fact about the author: the
The delinquent will only appear as the active subject of the crime.
and it will not receive much attention.
POSITIVE SCHOOL
Positive criminology consists of studying crime, first in its
natural gender, and then
in their legal effects, to legally adapt the
various causes that it
they produce the various remedies, which consequently
they will be effective.
Due to the excesses of the Classical School, the arises
Positive School, it was all due to the
abuse of dogmatics, to the neglect of the delinquent man to
their beliefs of having
having exhausted the legal-criminal issue.
THE POSTULATES OF THE POSITIVE SCHOOL:
Ius puniendi: the right to impose sanctions belongs to the
State as a title of social defense.
The method is inductive - experimental: the school
Be positive
characterized by its scientific method.
Criminal liability: it replaces responsibility
moral
for social responsibility, since man lives in
society and will be responsibly social as long as he/she lives in
society.
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