Advocate Aayushree Thapa Rana

UNIT 2

Schools of Criminology

- Crime and criminals have been a constant area of interest for sociologist and criminologist since
older times.
- The study of criminology focuses on why individuals commit crimes and why they behave in a
particular way in certain situations.
- Many criminology theories are rooted in certain schools of thoughts, which helps explain criminal
behavior and enable the criminal justice system to administer appropriate punishment.
- Likewise, there are various views on causes of crime:
a. Firstly, some people attribute crime to the individuals, they believe that an individual weigh the
pros and cons and makes a conscious choice whether or not to commit a crime.
b. Secondly, other believe it is the community's responsibility to ensure that their citizens do not
commit crime by offering them a safe and secure place to live in.
c. Thirdly, some argue that some individuals have specific traits that will determine how they will
react when put in certain negative conditions.
d. Fourthly, Americans consider crimes to be an outcome of socio-economic imbalance whereas
some European and Asian countries view crime as a result of physical and mental imbalance.

Schools

- Some of these explanations are premised on one and similar basis. Thus, the sociologist and
criminologist having the similar views have been classified into different schools of thought for the
sake of convenience.
- A crime theory or School of thought designate at least one variable as the reason for the occurrence
of criminal behavior.
- Those lines of thought have been variously described as: Schools of criminology, theories of
criminology, approaches to the study of criminology, theories of crime and causation etc.
- Each school of criminology tries to explain the causation of crime and criminal behavior in its own
manner and suggests punishment and preventive measures for the same.
- Each school represents the social attitude of people towards crime and criminal during the given
time period.
- In different stages of time, various criminologist gave their perspective on the meaning of crime,
criminals and causes of crime and there is a variation in the opinions of every criminologists.
- Schools of criminology are generally classified into the following six groups:
A. Traditional School

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 B. Biological School
C. Psychological School
D. Sociological School
E. Economic School
F. Multiple Factor School

1. Traditional School
- Traditional theory of criminology gave several varying explanations of crime and criminal
behavior.
- Although written criminal codes can be found thousands of year before, but it has tried to define
the crime and not the cause of crime or criminal behavior.
- Those explanations presented under the Traditional theory of criminology can be further studied in
the following five sub-headings:
i. Demonological theory;
ii. Free will theory;
iii. Classical theory;
iv. Neo-Classical theory;
v. Geographical theory.

i. Demonological Theory
- As the scientific knowledge was yet unknown to the mankind's the concept of crime was rather
vague.
- There was a general belief that man by his nature is simple creature and his actions are controlled
by a greater power, the greater power here being 'demon' of 'devil' and hence, the school is also
often called 'demonological school of criminology'.
- Thus, an offender commits a wrongful act not because of free will but due to the influence of some
external power.
- This school believed that an individual is not in a position to differentiate between what is right and
what is wrong because when the person commits a crime, the sense of understanding is influenced
by evil power.
- According to this theory, man is not directly responsible for criminal actions. The actual agent
demon is an external force which enters into the soul of a man and takes possession of his soul.
- Subject matter/ Factors of Demonological theory are basis of theory:
a) Influence of devil: The nation prevailed until before 18th century. It is based on superstition,
religious belief and super natural power influencing that spirit of devil influence human being and drag
them to commit anti-social behavior.
b) Natural Calamities: All sorts wicked or cruel act involving physical injury or violence and natural
calamities were thought as the punishment to human being by god for their misbehavior.
c) Punishment: Punishment used to be retributive (punishment that requires the offender to receive a

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punishment for a crime proportional and similar to its offence example: punishment for murder being
capital punishment), harsh and cruel. Even the family of the accused had to suffer. In absence of the
evidence trial by ordeal used to be usual course of action.
Trial by ordeal (ancient judicial practice) means a formerly used criminal trial in which the guilt or
innocence of the accused was determined by subjection to dangerous or painful tests believed to be
under divine control.
Example: In fire ordeal, the accused held a red hot iron and put his hand in the flame. If the wound
healed, the accused was deemed innocent. In ordeal by cold water, used particularly for villains, the
accused was thrown into a pond or a river. If he sank, he was deemed to be innocent but if he floated
he was regarded as guilty.
d) Witch hunting: It is still prevalent course of action in rural society of our country. Such so called
witches are tortured and made to eat excreta and also expelled from society.
Hence, the explanations of criminal behavior were sought through spirit, demons and unknown power.
The principle behind this concept was that a man commits a crime due to influence of some external
force and is beyond the control and understanding of man. The trial of the offender was believed that
no harm would be caused if the offender was innocent.

ii. Free Will Theory

- This theory believes that criminal act is the result of the free will of individuals. Human beings are
rational animals. They have the capacity to think and decide what to do and what not to do.
- Every person is possessed with a desire to have pleasure and happiness whatever way they direct
their free will, in good direction or bad direction, their ultimate motive is to achieve happiness and
satisfaction.
- The free will theory advocates that the fear of strict punishment should be put forward to dissuade
(defer) people from committing crimes.
- This theory argues for giving harsh punishment to the offenders.
- This theory evolved in the 17th Century. Hobbes, Locke and Montesquieu, Rousseau were the chief
proponent of this theory.
- Hobbes suggested that fear of punishment at the hands of monarch was a sufficient deterrent for
the members of early society to keep them away from sinful acts.
- The pre-classical thinking however withered away with the lapse of time and advancement of
knowledge.

iii. Classical School/Theory:

- Cesare Beccaria is the Father of classical criminology.
- He had argued for just and humane punishments. And also believed punishments should vary based
in the crimes committed, not offenders personal characteristics.
- Beccaria suggested that punishments for crimes should be outweigh benefits and effective
punishment must be administered promptly after the crime:

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 a) Swift (promptly)
b) Certain (if they are caught there is no way to avoid)
c) Severe.
- Beccaria, the pioneer of modern criminology expounded his naturalistic theory of criminality by
rejecting the omnipotence (unlimited power or authority) of evil spirit.
- Beccaria laid greater emphasis on mental phenomenon of the individual and attributed crime to free
will of the individual
- According to Beccaria, a modern criminal justice system should guarantee all people equal
treatment before the law.
- Beccaria proposed the following principles:

a) Law should be used to maintain social contract:

Laws are the conditions under which men, naturally independent, united themselves in society. In order
to avoid constant struggle and insecurity people entered into a contract with society by giving up part
of their liberty which gave birth of state sovereignty. State duty is therefore to establish peace and order
in the country.

b) Only legislators should create laws:

The authority of making penal laws can only reside with the legislator, who represents the whole society
united by the social compact (agreement between the ruler and ruled.)

c) Judges should impose punishment only in Accordance with the law Judges should not interpret
the laws:
Judges, in criminal cases, have no right to interpret the penal laws, because they are not legislators.
Everyman has his own particular point of view and at different times, seen the same objects in very
different lights. The spirit of laws will then be the result of the good or bad logic of the judge.

d) Punishment should be based on pleasure/pain principle:

Pleasure and pain are the only springs of actions. If an equal punishment is given for two crimes that
injure society in different degrees, there is nothing to deter men from committing greater crime with
greater advantages.

e) Punishment should be based on the Act, not on the Actor:

Crimes are only to be measured by the injuries done to the society. Crime is greater or less according
to the intention of the person by whom it is committed. Which means, a person aged 40 and 20 to be
given same punishment for a crime of murder.

f) The punishment should be determined by the crime

Crimes are to be measured by the injuries done to the society.

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g) Punishment should be prompt and affective
Immediate punishment must be inflicted after the commission of a crime.

h) All people should be treated equally.

i) Capital punishment should be abolished (like punishment of death).
j) The use of torture to gain confession should be abolished.
k) It is better to prevent crime than to punish them

- The most certain method of preventing crime is to perfect the system of education. Beccaria's basic
tenets/principle served as a guide for the drafting of the French Penal Code (defined crime and
punishment).
- Jeremy Bentham (Quantitative utilitarism) Concept -Felicific Calculus/ Hedonistic (Felicific)
Good and wrong is based on "Pleasure is the only good and pain without exception only evil." As such
pain and pleasure are the final cause of individual action and the sufficient cause and means to
individual happiness.
- There are forms of hedonism in Bentham's utilitarianism:

a) Psychological Hedonism
Minds act according to the actions /or what it perceives A teachers who thinks his students are not
performing well can be asked whether he made his lessons pleasurable or painful to them.

b) Ethical Hedonism
Pleasure is the only good/pain is the evil action is right if the motive is achieved if not the action is
wrong if pain is maximized and pleasure is minimized.
- Felicific/Hedonistic (calculus) pain is based on the following criteria:
a) Intensity (How strong is the pleasure)
b) Duration (How long the pleasure last?)
c) Certainty or Uncertainty (Pleasure occurrence)
d) Remoteness (How soon does the pleasure occur.)
e) Fecundity (Skipping a class can give you pleasure but the consequences later may face to pain
because of the failing of exam.)
f) Purity (what is the action followed by the opposite kind.)
g) Extent (How many people are affected)
- Like Beccaria he was concerned with achieving, the greatest number.
- The assumption was that people had free will and could decide whether or not it was personally
profitable to commit a crime.
- It was assumed that if the punishment or pain was always more than the pleasure or benefit from a
crime, the potential offender would be rational and be deterred from committing the crime.
- The main tenants of classical schools of criminology are as follows:

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 a) Man's emergence from the state's religious fanaticism (spirit or conduct) involved the application
of his reason as a responsible individual.
b) It is the act of an individual and not his intent which forms the basis for determining criminality
within him. (Only Act)
- The classical school of criminology was a body of thought about the reform of crime and the best
methods of punishment.
- The plea made by Cesare Beccaria in his famous book "On crimes and punishment" helped
eliminate corrupt and inhumane practices of criminal law administration at the time.
- Bentham believed that crime was committed at the outset by individuals who seek to gain
excitement, money or anything of value to the individual.
- Beccaria thought that the severity of the penalties given should be proportionate to the crime
committed and no more than what is necessary in order to deter the offender and others from
committing further crimes.
- Cesare Beccaria and other members fought for punishment for specific crimes to be set by
legislature and not to allow judges unbridle (misuse) power.
They also felt that if judges could only apply legislatively sanctioned punishments trials would be
quick and criminals would receive their punishment faster.
- The classical school focused or the crime itself and not necessarily on the criminal. The classical
school aimed to prevent crimes and have punishments for each offense committed by criminals.
- Classical school focused on preventing crimes than to punish the people who committed them.

Criticism of Classical Theory:

a) The classical school proceeded on an abstract presumption of freewill and relied solely on the act
(i.e. crime) without devoting any attention to the state of mind of the criminal
b) It erred (miscalculated) in prescribing equal punishment for same offence thus making no distinction
between first offenders and habitual criminals and varying degree of gravity of the offence.
c) Emphasis on mental phenomenon and crime attributed to free will of individual.

iv. Neo classical School/Theory

- Jeremy and Cesare Beccaria developed ideas however Gabriel Tarde is father.
- In criminology, the Neo Classical School continues the traditions of the classical school.
- The 'freewill' theory of classical school did not survive for long.
- It was soon realized that the exponents of classical school ignored the individual differences under
certain situations and treated first offender and the habitual criminals alike on the basis of similarity
of act or crime.
- The neo-classist asserted that certain categories of offenders such as minors, idiots, insane or
incompetent had to be treated graciously or softly (leniently) in the matters of punishment
irrespective of the similarity of their criminal act because these persons were incapable of
appreciating the difference between right and wrong.

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- This tendency of neo-classists to distinguish criminals according to their mental depravity was
indeed a progressive step in as much as it emphasized the need for modifying the classical view.
Thus, the contribution of neo-classical thought to the science of criminology has its own merits.
- Neo- classical criminology focused on individual rights, due process, alternative sentencing and
legal rights.
- The neo-classical thinkers focused on the nature of the crime more than the individual.
- Both classical and neo-classical schools of criminology did not recognize the socio-economic
impact of crimes. Modern criminology describes the crime as an individual making impulsive
decisions without considering consequences.
- The main tenets of Neo-Classical schools of criminology are as follows:
a) The neo-classist represented a reaction against the severity of classical view of equal punishment
for the same offence. Neo-classist argued that certain factor/situations or mental disorder deprived a
person of his normal capacity to control his conduct. Thus, they justified mitigating of equal punishment
in case of certain psychopathic offenders.
b) The Neo-classists were the first in point of view to bring out a distinction between first offender and
habitual criminals. They supported individualization of the offender and treatment methods which
required the punishment to suit the psychopathic circumstances of the accused.
c) The advocates of this school of thought argued that those lacking normal intelligence or having some
mental depravity were irresponsible to their conduct as they did not possess the capacity to distinguish
between good and bad and therefore, should be treated differently from the responsible offenders.
d) Though the neo classist recommended soft treatment for irresponsible or mentally depraved
criminals on account of the incapacity to resist criminal tendency but they certainly believed that all
criminals whether responsible or irresponsible must be kept apart/isolated from the society.
e) It is significant to note that the distinction between responsibility and irresponsibility that is the sanity
and insanity of the criminals as suggested by neo-classical school of criminology paved way to
subsequent formulation of different correctional institution such as parole, probation, reformation, open
prison etc. in the administration of criminal justice.
f) Neo-classist adopted subjective approach to criminology and concentrated their attention on the
conditions under which an individual commits crimes.
Thus, it would be seen that neo-classical school suggested that an individual might commit criminal
acts due to certain factors or circumstances which should be duly taken into consideration at the time
of awarding punishments.
Therefore, besides the criminal act as such, the personality of the criminal as a whole namely his
motives, previous life history, general characters, ancestor etc. should not be lost sight of in assessing
his guilt.

v. Geographical Theory
- The study of the geography of crime emphasizes the role of geography, particularly, neighborhood
and the climate and environment in influencing human behavior and subsequently where crime

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 happens.
- The place-based analysis of crime has led to a number of insights regarding how neighborhoods
can reduce crime, the geographic behavior of offenders and victims and emerging techniques to
analyze crime and develop concrete crime prevention strategies.
- Geographical theory of criminology emerged in every 19th century as a result of the efforts of social
thinkers. This theory evaluates crime on the basis of geographical factors like climate, temperature,
humidity etc.
- People living in cold climate are required to labor hard to face the severity of natural climate and
earn their livelihood. So, they are less inclined towards criminal activities.
- On the other hand, the inhabitants of hot climate can survive even with minimal clothes, little food
and ordinary shelter. So, they become lazy and easy going. Heat stimulates their mind sometimes
leading them towards wrong path.
- It was supported by the scholars like Montesquieu, Dexter, Kropotkin and many others
- Dexter found that crime and geographical conditions like atmospheric (barometric) pressure, heat,
humidity etc were highly related with one another. He found that crimes of violence were most
numerous during the warm months of the years during periods of low humidity.
- Russian scholar Kropotkin establishes that the rate of murder in any month/year can be predicted
by calculating the average temperature and humidity of the preceding month/year.
- Gurrery in his study in France and England found most of the rape incident occurred in summer
season.
- Quetlet claimed that human thinking is effective with the change in climatic temperature. He claims
that violent offences occurs during the summer season, while property related offences do occur in
winter season.
- He claimed the variation in crime rate with the change in temperature. This theory is also termed
as the "Thermal law of crime."
- Where the escape route is easy and surveillance not effective crime thrives in those particular zones.
In our country, the dacoit incident in Terai Belt and trafficking in human being and smuggling of
goods are well associated with geographical condition of the country.

2. Biological School

- The biological theories primarily study the physical constitution and endocrinology.
- The bio anthropological school of criminology is also known as
i. Lombroso theory of criminology: because Lombroso described this theory scientifically.
ii. Italian theory of criminology: because it is developed in Italy.
iii. Positive theory of criminology: because they believe on science, test, experiment
iv. Trait theory of criminology: because it believed on psychical (having different mental
status, thinking capacity than of a normal human being) trait on crime causation
- Cesare Lombroso was named as 'Modern Criminologist', 'Father of positivist criminology' in the

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 entire field of criminology because he paved the way to other criminologists for a scientific
approach to the study of criminal behavior and reformation of criminal justice. He emphasized on
the need to study offenders scientifically. He also believed that the criminal was born man and
woman and they had physical features of ape like creatures that were not fully developed as human.
- The misunderstanding of these theories has caused a stereotype that if a person is a criminal then
he was born as a criminal and any steps taken in order to change or to influence them are useless.
- The core of all these theories is that genetic factors or any abnormalities which are inherited or
acquired throughout the life, incline individuals to the criminal behavior.
- Crime is identified by pursuing the method of data analysis, observation and experimental.
- The biological emphasis may seek to discover common physical characteristics among criminals.
- For example: In a research conducted, a study of thirteen men and two women convicted of murder
it was found that all had experienced severe head injuries earlier in life and that twelve of them
displayed neurological problems of varying magnitude.
- The main exponents of the school were three eminent Italian criminologist, namely:
a) Ceasare Lombroso;
b) Rafelo Garafalo; and
c) Enrico Ferri.
- It is for this reason that this school is also called the Italian school of criminology and it is also
known as positivist criminology.
- Lombroso- The Father of Criminology why?
a) Lombroso was the first criminologist to have made such an extensive study of criminals in the later
part of the 19th century.
Being himself a doctor and a psychologist, he conducted an extensive study of shape, size and
construction of eyes, ears, nose, mouth, hair etc. of persons so as to show the relationship of crime with
human anatomy (body structure).

b) For the first time Lombroso introduced the scientific method for the study of criminology. He
generated the sense of finding but the causes of criminality on the basis of analysis of statistics and
experiences. This helped to challenge the then prevalent demonological theory or free will theory of
criminality.

c) Also, for the first time he diverted the attention of people from crime to criminals. He stressed on
the need of studying criminals, not crimes, in order to find out the causes of criminality. Thus, in a way
it was Lombroso who consciously originated the modern practice of individualized sentencing. (based
on personality).

1. Typological Theory (Italian School)

a) Cesare Lombroso:

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The first attempted to understand the personality of offenders in physical terms was made by Lombroso
of the Italian School of Criminological thought.
He classified criminals into three main categories:
i. Hereditary Criminals:
Lombroso also termed them as born criminals. In his opinion born criminals were of a distinct type
who could not refrain from indulging in criminality and environment had no relevance whatsoever
to the crimes committed by the hereditary criminals.

ii. Insane Criminals:

The second category of criminals according to Lombroso consisted of insane criminals who resorted
to criminality on account of certain mental depravity or disorder.

iii. Criminaloids:
The third category of criminals according to him was those of criminaloids who were physical
criminal type and had a tendency to commit crime in order to overcome their inferiority in order to
meet the needs of survival.
Individuals who engage in criminal behavior due to poverty, lack of educational and job
opportunities, exposure to violence and crime. Criminaloids are motivated by passion or some
emotional factors that leads to criminal behavior. Also, occasional criminals were described as
people who were pulled into breaking the law by virtue of environmental influences. Occasional
criminals are generally of three types;
a. Pseudo criminals: Who are weak nature of people and are pulled into the breaking of the law
by environmental influences. It is not so dangerous. Also, an insane person who committed
crime in self-defense.
b. Habitual criminals: The people who do not get educational facilities so they turn towards
criminal activities within the society. They are motivated by passion or some emotional factors
that leads to criminal behavior. Example: drug crimes, robbery, sex offences and driving while
intoxicated.
c. Criminaloids criminal: Were pulled weak environment factor when they get an opportunity to
commit crime, they occurs it.

b) Enrico Ferri:
Another chief exponent of the positive school of criminology. This theory presupposes that the
crime is the systematic product of three main factors:
i. Physical or geographical;
ii. Anthropological and
iii. Psychological or social.
Ferri worked out a fivefold classification of criminals namely,
i. Born Criminals;
ii. Occasional Criminals;

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 iii. Passionate Criminals;
iv. Insane Criminals;
v. Habitual Criminals.

c) Raffelo Garofalo:
- He traced the roots of criminal behavior not to physical features but their psychological equivalents
which he referred to as moral anomalies.
- He rejected Ferri's classification and placed offenders into four main categories namely:
i. Murders whom he called endemic criminals (crime occurring within an area or community/crimes
peculiar to a given location or region.)
ii. Violent criminals who are affected by environmental influences such as prejudices of honors,
politics and religion.
iii. Criminals lacking in sentiment of probity. (honesty, honor)
iv. Lustful criminals who commit crimes against sex and chastity. Example: Adultery child sexual
abuse, prostitution.

What the positivist school did for criminology?

- Positivism was a method of inquiry that attempted to answer questions through the scientific
methods.
- This school of thought argues that humans do not have free will that their behavior is determined
by various biological psychological and sociological factors.
- The positivist school of criminology linked biological psychological and sociological theories to
criminal behavior. It brought to light that there are several factors involved in criminality.
- The positivist school of criminology held that crime is caused or determined by the individual.
- The positivist school of criminology used science to determine factors that were associated with
crime and criminality.
- Biological explanation are appealing for reasons:
i. They are simple and
ii. They attempt to distinguish clearly between the criminal and the non-criminals.
Which means,
For example: Some people tempted to believe that criminals look different from rest of us.
Shakespeare warned us to be wary (careful/alert) of men who had a lean and hungry look. And if
check the Sunday comic strips. We find the conventional burglar is bald, wear a sporting cap that
was fashionable weighs 300 pounds and a jetting lower jaw, broken nose, low forehead and isn’t
bright.

2. The Mental Tester Theory (The Feebleminded Theory)

- In this theory Henry Goddard made a wide range study of convicted criminals as to body
composition of criminals.
- He found most of the criminals mentally weak.

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- Mentally weak means persons unable to distinguish between right or wrong and unable to compete
with other or so.
- This feebleminded theory is also termed as Mental Tester Theory. This theory claims that such
feeblemindedness is inherited from birth.
- The weakest part of this theory is that not all criminals are feebleminded. Many of them show high
intelligence ability to cope up with the crime
- This theory considered that criminal is also a symbol of weak mentality. Low IQ is cause of
criminality which means when peoples mind is slow or mental deficiency is below average that is
considered as criminal.
- Henry Goddard did not believe that every feeble minded is a criminal. He focused on potential
criminal is determined by two factors that is temperament and his environment.
- Feeble minded may be heredity but criminality is not heredity.

3. The Phrenology and crime

- In the early 19th century, phrenologist measured and studied the shape of the head in an attempt to
determine the relation between brain and behavior. Phrenologist thinks that the shape of skull guide
to personal character.
- This theory of crime was advocated by F.J. Gall. He was European anthropologist.
- Gall published books dealing with composition of brain and its functioning advocating that
character of a human being is connected with his development of brain and functioning of it.
- Gall hypothesized in this theory that the shape of human skull was indicative mechanism of
personality which can be used to predict criminality because particular aspects of personality are
associated with specific location in the brain.
- The contribution of this theory may be stated briefly as follows:
a) Brain composition can be studied through external composition of the skull.
b) The brain is divided into different faculties.
c) The bumps visible in the skull represent such faculties.
- Such faculties according to Gall are 26 some of such faculties are stated as friendliness,
combativeness, destructiveness, consciousness, ideality, self-esteem firmness, benevolence
Kindness, constructiveness, caution, hope, agreeability, humor, faith, love and imitativeness etc.
- Such faculties are broadly classed as general human instinct, moral instinct and intellectual instinct.
They are placed in hierarchical order within the skull.
- The lower center is controlled by upper center of the brain. So, persons committing crime are those
whose brain development is only partial. Poor moral value or intellectual judgment leads the person
to commission the crime.
- This school views all the criminal have a kind of trait that may be mental or physical. So, criminal
are different than general people in their face, head or physically.
- This theory suggests that it is not defective body structure but under developed brain functioning
leading to commission of crime that means ever offender has potentiality of development and
possibility of reformation.

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4. The Chromosome Theory:
- Another explanation given to support the theory of hereditary criminality is genetic anomaly such
as an extra chromosome that might lead to mental retardation or pathological behavior.
- Research seemed to implicate one particular genetic abnormality as a possible cause of some cases
of antisocial or criminal behavior.
- Sampling of the genetic characteristics of men in prisons in the United States, Australia and Great
Britain showed that greater percentage in the general population has an extra "Y" chromosome.
- The normal person has 46 chromosome per cell. That is 23 pairs of chromosome half come from
the mother, the other half come from the father.
- In the female both sex chromosomes are X chromosomes, in the male they are X and Y.
- When the sperm fertilizes the ovum the zygote receives an X from the mother and either X or Y
from the father.
- As the zygote begins in the cell division, a chromosome abnormality may occur, instead of
producing two rows of 23 each, the cell division may leave an extra X or Y chromosome in one
row.
- The aberrant XYY patterns, which was first identified in Great Britain in 1961, seems to produce
men who are average in height below average in IQ and possibly aggressive and anti-social in
behavior.
- Since the Y chromosome determines 'maleness' super male, a male more aggressive and potentially
criminal.
- The rate has also been found to be strictly higher among institution allied mentally retarded males.
- In several murder trials the defendant was acquitted or given a lesser sentence because of an XYY
chromosome abnormality.
- The human genetics live to the study of role of chromosomes.
- It is sex chromosome in particular also crime causation. The first well known study of this study
was under taken by Particia Jacobs. He examined 197 Scottish prisoners for chromosomes
abnormalities through a sample blood test known as 'karyotype', among 12 members out of which
7 was found with XYY chromosome.
- Richard Speck claims XYY man was convicted of killing eight Chicago nursing students in 1966.
So, super male syndrome is cause of crime.
- Some other unusual combination might be XXX. Where in women genetic make no content and
extra X and Extra Y such as XYY also called Kline felther syndrome. The syndrome indicates such
people taller than average, longer legs, incomplete puberty, enlarged breasts, small penis, weak
bones, etc.

5. Application of Science in Criminal Justice Medical Model

- The Positivists theory has taken us too far to take anything in scientific basis. (based on scientific
investigation)

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- It has led us to continuous research on human body composition and human behavior.
- Human hormones in conjunction to certain environment display certain type of result as medical
science claims.
- So, intrinsic factors (bodily organic composition) combined with extrinsic (external environment)
exhibits desirable or undesirable behavior.
- In this concern person having defective body composition cannot resist in an environment which is
not suitable in their perception to commit crime.
- As the disease is curable by medication, there is also possibility of curing the criminal by applying
medical science.
- According to the medical model criminals are first studied on the basis of their physical
composition, information is gathered to identify the defect inherent in him.
- Since, the treatment differs from individuals to individual as per his/her requirement, the
punishment of the treatment period is to be in determinate. After treatment the person is
rehabilitated in society.
- To be very much articulated the proposition in this model is divided as follows:
a) Information collection
b) Individualized diagnosis
c) Considerable discretion, based upon diagnosis of cause
d) Expert as judges, jurors and expert witness as a decision
e) Due process displaced by scientific method and expert judgment
f) Prediction
g) Treatment presumption
h) Treatment selection
i) Sentence to be indeterminate (not exactly known)
j) Right to appeal limited to further authoritative opinion.
- Ideally a court operated according to the principles of the model would assume that every person
who appeared in the trial is in need of treatment and that court was able through its expertise to
provide such treatment or refer the defendant to some other agencies where the appropriate
treatment would be available.
- If a person of physical abnormalities or hormonal imbalance leads to social trouble or breaking the
law, it becomes prudent for individual who suspects of abnormality within himself to visit to
doctor's clinic for examination and care to be free from future trouble or out of control. It also means
a pre natal cure of pregnant woman, counseling her to be positive in her thinking and refraining her
from drugs or alcoholic composition as a preventive measure for healthy birth of child.
- This theory deals with crime problem in relation to physical composition and nervous system of the
body independent of psychic problem like personality disorder.
- Personality disorder is something that is acquired after birth and this problem is dealt with
psychoanalysis theory.

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6. Cases related to physical constitution and biology
- There are certain cases which are directly related to physical constitution and biology such as hurt,
abortion, enticing the women to prostitution, extraction of human organ, child marriage, sexual
harassment, rape and homosexuality.
- The law has recognized certain type of temperament such as anger or fear as natural and has made
special provisions thereon.
- Biological problems are to be dealt keeping in view with the social standard of the community.
- The problem of child marriage, polygamous marriage, voidable marriages can be best be solved
only through education, job opportunity and social awareness.
- There was a long term debate whether the abortion should be legalized or not. It has been now
legalized giving paramount decisive authority upon the woman concerned. It is expected that with
such law there would be reduction in infanticide.
- The legal provisions is being misutilized by many young women by taking it as alternatives to
family planning.
For Example: Homo Sexuality is unnatural prostitution is associated with moral value etc.

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