2 - Criminological and Penological Theories

REASONS WHY
DEATH PENALTY
BECAME THE USUAL
PUNISHMENT
1. Death of outlaws became a “protection for
the English people”. It is because the people
during this period did not totally believe yet in
the ability to a strong police force to combat
criminals.
2. People lack confidence in the transportation of
criminals. Gaols and Galleys became center of
corruption and ineffective instruments of
punishment.
3. Doctrine of Crude Intimidation appeared or

seemed to be a logical form of threat in order to
deter or prevent the people from violating the law.
4. The assumption was that, the Ruling Class is
tasked to protect property rights and maintain
public peace and order. The system of
maintaining public order had little consideration
or it did not recognize the social and economic
condition of the lower working class. The
lawmakers and enforcers used death penalty to
cover property loss or damage with out further
contemplating the value of life of other people.
CRIMINOLOGICAL AND
PENOLOGICAL THEORIES
 Pre– Classical Theories
Secular Theory of Punishment – this
theory believes that punishment is a means
of restoring between the pleasure and the
pain. This was asserted by Aristotle in his
book, “Nicomedian Ethics”.
Judean or Christian Theory – this theory of
expiation believes that punishment has a redemptive
purpose for repealing sin advocated by evil which
emerged after 30 years AD.
Rise of Canonical Courts – the theory under this
church was mainly reformatory in purpose. In 4th AD
a conflict and rivalry between the churches and
states emerged in the way offenses are tried.
Individualization of Punishment – this
theory gave the judges wide discretion to
add to the punishment additional penalties
in view of the circumstances.
 The Classical School – it maintains the “doctrine of
psychological hedonism” or “free will”. That the
individual calculates pleasures and pains in advance of
action and regulates his conduct by the result of his
calculations.
This theory came about as a protest against the abuses
and discriminatory power of the judges. This was through
the effort of Cesare Beccaria and Jeremy Betham. In
Beccaria’s book known as Crime and Punishment triggered
the beginning of the classical school of criminal law and
punishment. His protest were directed against:
 The arbitrary penalties by the judges
 Defects in the criminal procedure particularly
in the admission of testimonies and evidences;
 Incrimination of witnesses
 Torture
 Long pending cases
 The abuse of powers perpetuated by the rich
and influential members of the society
 Principlesof Classical School of Penology
Since all men are equal, the equal rights
and liberties of individual must be
respected.
All must be treated alike in the
administration of justice.
 The Neo-classical School – it maintained
that while the classical doctrine is correct in
general, it should be modified in certain
details. Since children and lunatics cannot
calculate the differences of pleasures from
pain, they should not be regarded as
criminals; hence they should be free from
punishment.
 Influenced by the 1819 French Code and by the
Quakers in New England. The idea of giving
emphasis on the crime and its causes rather than the
criminal himself. This theory argues that
punishment should be imposed to some law
breakers but not to others by recognition of the
exempting and justifying circumstances like
minority of the offender and insanity. This allowed
certain modifications in the practice of classical
school of thought.
 Effectsof Neo-Classical School
 Children and insane persons were exempted
from punishment
 Punishment was mitigated or reduction of
punishment for partial freedom of the will due
to lack of complete responsibility.
 It represented the reaction against the severity
of the classical theory of equal punishment.
 The Positivist/Italian School – This was the
school that denied individual responsibility
and reflected non-punitive reactions to crime
and criminality. It adheres that crimes, as any
other act, is a natural phenomenon.
Criminals are considered as sick individuals
who need to be treated by treatment
programs rather than punitive actions against
them.
 The adherents of this theory maintain that
crime cannot be treated and checked by the
imposition of punishment fixed and
determined, but thru the enforcement of
individual measures in such particular case
after a prior investigation conducted by body
of psychiatrist and social scientist.
 Advocates of Positivist School (LFG)
Cesare Lombroso – he published his
book “The Criminal in Relation to
Anthropology, Jurisprudence and
Psychiatry”, wherein he has sought to
explain the physical constitution of a man
and its effects to criminal tendencies.
Enrico Ferri – He focused more on social
and economic factors on the criminal and
crime rates, rather than physiological
profiling of criminals. He became the
founder of positivist school researching
psychological and social positivism. His
work served as a basis for Argentina’s
Penal Code in 1921.
• Rafaelle Garofalo – He stressed that crimes
would be understood by scientific methods,
in understanding the traits and circumstances
of criminal offenders. His major contribution
was the formulation of a theory of natural
crimes. The theory embraces crime of two
types: those of violence and those against
property.

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REASONS WHY

3. Doctrine of Crude Intimidation appeared or

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