Classical theories in criminology emerged in the 1700s, revolving around concepts of government, social groups, and economic theories of John Locke. It is noticeable that these theories did not focus much on individual criminals (Williams and McShane, 2004, pg. 15).
What the Classical Theory Offers
The focus of classical theories was on the legal process, lawmaking, and crime in general. Before this, religious concepts and structures resembled the judicial system, aristocratic rulers, and the ruling monarchy. In a society with no written laws before these theories emerged, enforcement was done through the instinct of the ruling class. The ruling class did not use much published law but relied more on their own impulsive whims and personal interpretation (Williams and McShane, 2004, pg. 15).
During those days, the role of the law was to defend the power of the state and the church. It was also designed to maintain these institutions. Anyone accused at that time would be subjected to private trials and secret hearings (Williams and McShane, 2004, pg. 15).
The accused had to endure harsh and intolerable sanctions during those days. They were used as a tool for suppression against anyone who spoke out against the Church or aristocracy. This situation raised concerns among human rights activists. The judicial system’s abuse is being tolerated, which is wreaking havoc in society. This should never have happened in the first place (Williams and McShane, 2004, pg. 17).
What receives the most attention in the Classical Theory are choice and the individual. In this case, an individual’s decisions depend on benefits and costs. The Classical Theory can be used as a tool to explain human behavior by minimizing pain and maximizing pleasure. The underlying concept behind the Classical Theory is deterrence (Williams and McShane, 2004, pg. 17).
Before this, people believed that they were accountable for serving the government’s needs. The idea of a fresh social contract, where the authority was there to provide service for the governed, gave birth to a new concept that strengthened Lockean ideas. In this concept, an individual surrenders their freedom only in such a way that the amount of freedom is enough to protect the rights of other individuals. This has led to a new contractual relationship and with it, the emergence of the middle class. Undoubtedly, this has been stressful for elitist groups and everyone who held high positions in society (Williams and McShane, 2004, pg. 17).
The purpose of the Classical Theory is to discourage criminal behavior and protect the rights of society and every individual who builds the community (Williams and McShane, 2004, pg. 15).
In Classical Law, it is assumed that individuals have the responsibility to act responsibly and practice moral conduct. It is expected for individuals to consider the consequences of their actions. Classical Law emphasizes that everything a person does is a result of personal choice or free will. Therefore, individuals are expected to act rationally at all times. As a result, harsh punishments were rejected except in cases of greater evil. Classical criminologists believed that severe repercussions were inherently heinous (Williams and McShane, 2004, pg. 17).
Only the level of pain that outweighs the pleasure of an action should be used. This is known as individual rational motive, or deterrence, which involves enforcing a punishment greater than the reward to ensure that people make the right choice. Societal deterrence occurs when society sees the consequences that await those who break the law. Capital punishment goes against Classical Theory because it makes the state appear forgiving of murder and can be seen as a form of tyranny (Williams and McShane, 2004, pg. 20).
Biosocial or Biological Theory of Crime is a perspective that suggests that criminal behavior is influenced by both biological and environmental factors. This theory posits that genetic and physiological factors can contribute to criminal behavior, but these factors are often triggered or exacerbated by social and environmental stressors. The biosocial theory also emphasizes the importance of early childhood experiences in shaping an individual’s propensity for criminal behavior.
The Biosocial/Biological Theory presents new and surprising discoveries. According to this theory, whatever is causing a person to act deviantly or possess criminal traits and behaviors is related to their genes. If it is not hereditary, then it can be caused by biological harms such as head injuries or exposure to toxic substances (Rowe, 2003, pg. 64).
As a child grows, they may encounter accidents or develop damage to some parts of their brain. This theory emerged when studies showed that criminals and delinquents displayed organic differences in their brains compared to individuals who were productive members of society (Rowe, 2003, p. 64).
Moreover, children who grow up in areas where pollution is prevalent may develop brain damage in the long run due to toxic substances from industrial waste. In addition to brain damage, children may also experience learning disabilities and attention deficit disorders, among other conditions. These issues can make it difficult for a child to socialize and communicate effectively with others, leading to impulsive behavior that can worsen over time. In some cases, this behavior may even lead to criminal activity (Rowe, 2003, pg. 64).
The behavior of a person has been explained using the oldest theories and scientific methods as tools. In earlier years, measuring the size of outward body shapes like foreheads and skulls was done to achieve this. However, science no longer relies on that method alone. With biosocial/biological theory, criminal behavior is measured not through the physical features of the body but through the experiences and objects an individual encounters every day (Williams and McShane, 2004, pg. 46).
The biosocial/biological theory highlights the influence of society, geography, and the environment on human behavior. To assess this impact, researchers examine a person’s geographic location, including their town of residence, neighborhood upbringing, and family background (Rowe, 2003, pg. 65).
While this may seem significant and sensible, there is a danger to it. The belief that criminal behavior is genetic led to the Nazi crimes in the early 20th century. According to biosocial/biological theory, people learn to discriminate against a society or community because of the environment they grew up in, which developed them into criminals. This theory can lead to discrimination and abuse (Rowe, 2003, pg. 67).
Conclusion.
The Classical Theory suggests that a person’s behavior is a result of their own free will. Punishment, control, and treatment are focused on altering the behavior of individuals or potential law violators (Williams and McShane, 2004, pg. 15). The biosocial/biological theory requires further research into the environmental factors, biological framework of individuals, and their genetic makeup. The motives of authorities when sentencing and imposing punishment for criminals determine whether this theory is superior to the classical one (Rowe, 2003, pg. 64). Regardless of which theory is used, a nation’s economic situation and political system dictate the direction of its criminal justice system.
References.
Rowe, D. (2003). Does The Body Tell?: Biological Characteristics and Criminal Disposition.” In Criminological Theory Past to Present, 2nd ed., edited by Cullen, Francis T. and Agnew, Robert. Los Angeles: Roxbury Publishing.
Williams, F. P. III and McShane, M. (2004). Criminological Theory, 4th edition. Upper Saddle River, NJ: Prentice-Hall.
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