ICFAI UNIVERSITY

ICFAI LAW SCHOOL

DEHRADUN

CRIMINOLOGY AND PENOLOGY ASSIGNMENT

LE 441

PRESENTED TO:
MR. DEEPAK GUPTA
FACULTY OF LAW

PRESENTED BY : ISHIKA CHANDEL

ENROLLMENT NO : 20FLICDDN02134

BATCH: BALLB 4TH YEAR

SECTION: C
1
TABLE OF CONTENTS

I. Abstract
II. Introduction
III. Nature and Scope of Criminology
III. Various Schools of Criminology
a. The Pre-classical School of Criminology
b. The Classical School
c. The Neo-classical School
d. The Positive School
e. The Sociological School
IV. Comparatively Analysis of Various Schools of Criminology
IV. Conclusion
V. References

2
CRITICALLY EXAMINE VARIOUS THOUGHTS ON CRIMINOLOGY AT
DIFFERENT STAGES OF HISTORY

ABSTRACT

This comprehensive exploration delves into the diverse schools of criminology that emerged
during the 17th, 18th, and 19th centuries, offering insights into the societal beliefs and
rationalities that influenced their development. The paper meticulously examines four
prominent schools of criminology, shedding light on the associated theories that contribute to
our understanding of the causes of criminal behaviour. Furthermore, a key focus of this research
is to establish a clear demarcation between these schools, highlighting their distinct approaches
in deciphering the nature of criminals, the motivations behind criminal acts, and the intricate
dynamics between crime and the offender. Renowned criminologists such as Hippocrates,
Socrates, Plato, Cesare Beccaria, Jeremy Bentham, Cesare Lombroso, Raffaele Garofalo, and
Enrico Ferri are central figures associated with these schools, each presenting unique
hypotheses grounded in research and scientific explanations. This study aims to provide a
comprehensive overview of the evolution of criminological thought during these historical
periods, offering a nuanced understanding of the various perspectives that have shaped the
field of criminology.

3
CHAPTER I – INTRODUCTION

CONCEPT OF CRIME

The concept of crime generally refers to actions or behaviours that are prohibited by law and
can result in punishment. Crimes are often categorized based on their severity, ranging from
minor offenses to more serious felonies. The perception of what constitutes a crime can vary
across cultures and historical periods, reflecting societal values and norms. It involves a breach
of established rules or regulations, and the legal system typically responds with sanctions such
as fines, imprisonment, or other penalties. Criminology, as a field of study, examines the nature,
causes, and societal responses to criminal behaviour.

The idea that "man by nature is a fighting animal" reflects a perspective influenced by certain
philosophical and evolutionary theories. Some argue that aggression and conflict have been
inherent aspects of human nature throughout history, shaped by evolutionary processes. Others,
however, emphasize the importance of social and cultural factors in influencing human
behaviour, suggesting that aggression may be expressed in various forms but is not an inherent,
unalterable trait. Views on human nature and aggression vary, and it is important to consider
multiple perspectives when discussing such concepts

Before studying criminology, many individuals view crime as simply illegal or prohibited
activities that go against established laws. The perception is often shaped by societal norms,
moral values, and from accepted behavioural standards. Criminology, as a discipline, expands
on this basic understanding by exploring the root causes of criminal behaviour, the social
contexts influencing it, and the various factors contributing to the complexities of crime within
a given society.

According to Bentham, “offences are whatever the legislature has prohibited for good or for
bad reasons

According to Austin, “a wrong which is pursued at the discretion of the injured party and his
representatives is a civil injury; a wrong which is pursued by the sovereign or his subordinates
is a crime.”

Blackstone has defined crime in his “Commentaries on The Laws of England.” He defined it
as “an act committed or omitted in violation of a public law either forbidding or commanding
it.” He also defined crime as “violation of the public rights and duties due to the whole
community, considered as a community, in its social aggregate capacity.” The editor of

4
Blackstone, Stephen, has made slight changes in the definition and presented it as “a crime is
a violation of a right, considered in reference to the evil tendency of such violation as regards
the community at large.

CRIMINOLOGY

To comprehend the concept of schools in criminology, it is crucial to first understand

criminology as a field of knowledge that views crime as a social phenomenon and investigates
its causation. The popularity of criminology as a distinct discipline grew during the 18th and
19th centuries. There are four major schools of criminology: the pre-classical school, the
classical school, the neo-classical school, and the positivist school. Each of these schools has
defined criminology based on its own beliefs, customs, knowledge, and the prevailing time.
These diverse perspectives contribute to a comprehensive understanding of crime
and its origins.

"Criminology" is derived from the Latin term "crimen," meaning "crime," and the Greek suffix
"-logia," which denotes "study" or "science." Therefore, criminology can be understood as the
scientific study of crime, criminals, and the social aspects surrounding criminal behaviour.

Criminology is the academic discipline that focuses on the scientific study of crime, criminal
behaviour, and the societal response to crime. It involves examining the causes and
consequences of criminal activity, as well as understanding the systems and institutions
involved in the prevention and control of crime. Criminologists use various methods to analyse
patterns, trends, and factors related to criminal behaviour, contributing to a broader
understanding of the complexities surrounding crime and its impact on society.

According to Dr. Kenny – “Criminology is that branch of crime science which deals with the
causes of crime, their analysis and crime prevention.”

According to Sellin – “Criminology mainly studies ethical norms. Ethical norm is a rule that
prevents a person of a particular status or a particular group from behaving in a particular way
under certain circumstances.” .

According to Taft and England – “Criminology in the broad sense is that study (though not
yet a fully developed science) under whose subject matter explanation of crime and its
prevention along with punishment or treatment of criminals and juvenile delinquents can be
included”

5
Criminologists analyse crime rates, offender profiles, and the effectiveness of law enforcement
strategies to develop a deeper understanding of criminal activities and contribute to the
development of crime prevention and intervention strategies.

Criminology traces its roots back to ancient Greek philosophers such as Hippocrates, Socrates,
Plato, and Aristotle. During this period, crimes were often attributed to a corrupted soul
resulting from physical deformities. Primitive societies and the early medieval period were
heavily influenced by religious and superstitious beliefs, shaping legal recourse as a last resort.
This era saw a lack of attention to the mental aspect and circumstances leading to crimes. The
absence of a fair judiciary resulted in arbitrary and irrational punishments. As human thinking
evolved and modern society emerged, social reformers redirected their efforts toward
establishing a robust criminal justice system. The field of criminology emerged as a separate
branch of knowledge, marked by various schools of thought. Over time, the focus shifted
predominantly towards understanding the causes of crime and considering the mental aspect
when determining legal punishments, a perspective that remains relevant today.

6
CHAPTER II - NATURE AND SCOPE OF CRIMINOLOGY

The nature and scope of criminology encompass the study of crime and its various dimensions.
Here are key aspects:

1. Nature:

• Interdisciplinary Approach: Criminology draws on knowledge from sociology,

psychology, law, anthropology, and other disciplines to understand the multifaceted
nature of crime.
• Scientific Inquiry: It employs scientific methods to analyse patterns, causes, and
effects of criminal behaviour, aiming for objective and evidence-based insights.

2. Scope:

• Criminal Behaviour: Examines the causes, patterns, and trends of criminal behaviour
at individual and societal levels.
• Law Enforcement and Justice System: Investigates the functioning and effectiveness
of law enforcement agencies, courts, and correctional systems.
• Crime Prevention: Focuses on developing strategies and policies to prevent and
reduce criminal activities.
• Social Impact: Explores the impact of crime on individuals, communities, and society.

In essence, criminology aims to contribute to a better understanding of crime, inform crime

prevention strategies, and enhance the criminal justice system's effectiveness.

7
CHAPTER III – VARIOUS SCHOOLS OF CRIMINOLOGY

As societies progress, the characteristics and types of criminal activities evolve. Numerous
theories on crime have emerged, each corresponding to a specific stage in civilization and
offering a unique perspective. Criminology and penology are subsets of the social sciences,
and scholars have sought to elucidate the causes of criminal behaviour. Each criminological
school presents its own interpretation of crime and proposes corresponding punishments and
measures aligned with its ideology. These schools reflect the societal attitudes toward crime at
a particular period, and, being a science, each theory is subject to critiques and limitations.

Edwin Sutherland pointed out that a school of criminology connotes “the system of thought
which consists of an integrated theory of causation of crime and of policies of control implied
in the theory of causation.”

Supporters of each criminological school seek to elucidate the origins of crime and criminal
behaviour according to the theories advocated by the proponents of that specific school. Every
criminological school proposes punishment and preventative strategies aligned with its
principles. Furthermore, each school reflects the prevailing societal mindset toward crime and
criminals during a specific period.

Following are the six schools of criminology which will be discussed in detail :

1. Pre-Classical or Demonological School

2. Classical School or Free- will School
3. Neo-Classical School
4. Positive School
5. Sociological School

Pre-Classical or Demonological School

The Pre-Classical School of criminology, considered the oldest crime theory, posits that human
nature is inherently simple, and criminal acts result from the influence of malevolent forces,
particularly the devil. According to this theory, the world is governed by two forces: divine and
Satanic. Divine forces guide individuals away from crime and encourage virtuous deeds, while
Satanic forces lead people astray and prompt criminal behaviour. The belief is that the devil's
influence makes individuals reckless, diminishes their moral compass, and eradicates the fear
of God. Consequently, offenders are seen as inherently depraved, acting under external

8
superpower influence rather than free will. The proposed remedy was torture and pain to cure
the perceived innate depravity.

During medieval times, the trial by ordeal was a harsh method relying on divine intervention
to determine guilt or innocence. This practice involved appealing to supernatural forces and
was overseen by clergy members, adhering to the Catholic Church's prescribed methods.

The primary goal of punishment in this school was to expel the demon from the soul, often
through common forms of penalties such as whipping. Cruel treatments, burning, laceration,
and maceration of sensitive body parts were also employed. Trial by ordeal methods included
exposure to hot water, hot oil, cold water, a hot iron rod, a snake, and the sacrament. While
considered unscientific, irrational, and cruel by today's standards, this system of punishment
was accepted during its historical period.

Criticism :

Critiques of the Pre-Classical or Demonological School of criminology include:

1. False Assumption of Devil's Occupation:

Critics argue that the theory's foundational assumption of the devil's occupation over the
human soul lacks empirical support and is based on unfounded beliefs.

2. Unnecessary Fear Projection and Superstition:

The school is criticized for unnecessarily projecting fear and relying excessively on
superstition, contributing to an environment of unnecessary dread and irrationality.

3. Barbaric and Inhuman Penal Actions:

The penal actions advocated by the Demonological School, characterized by torture and
cruelty, are deemed barbaric, inhumane, and devoid of meaningful rationale.

As society progressed, critical analysis and questioning of the demonological theory led to
scientific development, prompting the emergence of the classical school of criminology. The
Classical School emphasized rationality, free will, and the concept of punishment as a deterrent.

Moreover, the Pre-Classical School of Criminology, rooted in ancient Indian texts, draws on
principles of justice and punishment, particularly from sources like Manusmriti. This school
emphasizes the role of religion, customs, and traditions in shaping social control mechanisms

9
and maintaining law and order. It underscores the importance of social norms, customs, and
ethical responsibilities in understanding crime and punishment in ancient Indian society.

Classical School or Free-will School

The concept of free will has ancient roots, with Aristotle and Epictetus highlighting the idea
that having control over one's actions without hindrance constitutes free will. The Classical
School of criminology, emerging during the Enlightenment in the 18th century, asserts that
individuals make rational choices when engaging in criminal behaviour. It emphasizes
preventing future crimes and contends that people act out of self-interest and free will, not due
to possession by evil spirits.

Italian philosopher Beccaria, a key figure in this school, advocated for swift and consistent
punishment based on the harm to society rather than the victim. Beccaria believed in three key
ideas:

• individuals have free will,

• act rationally for personal gain,
• their behaviour is predictable and controllable

The school centered on retributive punishment, advocating for proportional penalties.

However, modern critics argue that criminal behaviour is influenced by the physical and social
environment, challenging the school's assumptions of rationality and predictability.

Criticism :

Criticism of the Classical Theory includes the following points:

1. Neglect of the State of Mind:

The Classical School operated under the abstract assumption of free will, focusing solely on
the criminal act (crime) without considering the mental state of the offender. This oversight
limited its understanding of the complete dynamics of criminal behaviour.

2. Equal Punishment for All Offenders:

The theory made a mistake in advocating equal punishment for the same offense, lacking
differentiation between first-time offenders and habitual criminals. It also failed to account for
varying degrees of gravity in different criminal acts. This approach overlooked the importance
of individual circumstances and histories.

10
While the Classical School significantly contributed to the development of rationalized
criminological thinking, these criticisms highlight its limitations and the need for a more
nuanced understanding of criminal behaviour and punishment.

Neo-Classical School

The Neo-Classical School emerged following the classical school, gaining prominence by
recognizing the limitations of the historical and literature-based approach of its predecessor.
While the classical school attributes crime to a free will choice, rational decision-making, and
the pursuit of maximum pain and minimum pleasure, the neo-classical school introduces a
more scientific study, emphasizing the mental aspects of an offender.

In contrast to the classical approach, the neo-classical school acknowledges the role of
psychology in criminal behaviour. It underscores the importance of understanding the
circumstances under which a person commits a crime, supporting the individualization of
offenders. This school argues that individuals lacking normal intelligence or facing mental
incapacities may be irresponsible in their conduct due to a lack of understanding.

Moreover, the neo-classical school emphasizes the consideration of various factors, such as an
individual's personality, previous life history, character, and social and economic background,
in assessing the guilt of the accused. This approach contributed to the development of the jury
system in criminal jurisprudence. In essence, the neo-classical school provides a more nuanced
understanding of criminal behaviour by incorporating psychological elements and considering
individual circumstances in the assessment of guilt.

Under the Neo-Classical School, punishments are differentiated based on a psychological

understanding of the individual. This approach considers the mental state of a person at the
time of committing a crime. Neo-classical scholars justify the mitigation of equal punishment,
particularly in cases involving psychopathic offenders. This perspective represents a reaction
against the classical view that advocated equal punishment for the same offense, reflecting a
more nuanced approach that considers individual psychological factors in determining
appropriate penalties.

Criticism :

The Neo-Classical School of Criminology, while building upon the Classical School's
foundations, has faced criticism on various grounds:

11
1. Subjectivity in Mitigating Factors: Critics argue that the consideration of individual
circumstances in the Neo-Classical perspective introduces subjectivity into the legal system.
Determining what factors should mitigate criminal responsibility may vary, leading to potential
inconsistencies in sentencing.

2. Ambiguity in Defining Mitigating Factors: The Neo-Classical approach allows for the
consideration of mitigating factors like mental health, but critics contend that the criteria for
determining these factors can be ambiguous. The lack of clear guidelines may result in
disparities in how such factors are assessed and applied.

3. Overemphasis on Free Will: Some critics argue that the Neo-Classical School, like the
Classical School, places excessive emphasis on individual free will. This perspective may
neglect the influence of external factors, such as societal inequalities or systemic issues, in
shaping criminal behaviour.

4. Inadequate Attention to Structural Factors: Critics contend that the Neo-Classical School
tends to overlook broader structural factors contributing to criminal behaviour, such as poverty,
discrimination, and lack of access to education. Ignoring these social dimensions may limit the
effectiveness of interventions.

5. Risk of Reinforcing Inequality: The emphasis on individual responsibility in the Neo-

Classical perspective may be criticized for potentially reinforcing existing social inequalities.
Those with limited resources or facing systemic disadvantages may be disproportionately
affected by a system that places significant weight on personal choices.

6. Limited Integration of Biological and Psychological Factors: While the Neo-Classical

School considers individual factors, it may not sufficiently integrate advancements in
understanding biological and psychological aspects of criminal behaviour. A more
comprehensive approach might involve a broader interdisciplinary perspective.

While the Neo-Classical School has contributed to refining criminological thought, these
criticisms underscore the ongoing need for a nuanced and holistic understanding of the complex
factors influencing criminal behaviour.

Positive School

The Positivist School of criminology emerged as a response to the limitations of the Classical
School's rational choice theory. Also referred to as the Italian School of Criminology, it gained

12
prominence in the 19th century with notable figures like Dr. Lombroso, Enrico Ferri, and
Raffaele Garofalo. Unlike the Classical School, the Positivist School argues that individuals
are not always rational, and various factors, encompassing biological, psychological, and social
elements, can influence their behaviour, including criminal behaviour.

Positivism posits that criminal behaviour is often caused by factors beyond an individual's
control, both internal and external, and advocates for a scientific approach to better understand
and manage it. This school emphasizes the use of scientific methods, such as empirical research
and data analysis, to study crime and criminal behaviour. It underscores the importance of
evidence-based approaches in comprehending and addressing crime. Positivism is categorized
into three segments: biological, psychological, and social positivism.

Lombroso's classification included Atavists (born criminals), Insane Criminals, and

Criminoids. While initially contested, the focus on the criminal gained prominence,
challenging the notion that any criminal was beyond reform.

Ferri introduced the "Law of Criminal Saturation," attributing crime to physical,

anthropological, and psychological/social factors. He classified criminals into categories like
born, occasional, passionate, insane, and habitual, advocating for rehabilitation.

Garofalo highlighted how the lack of pity and probity generated crimes against persons and
property, categorizing criminals based on their actions. The Italian School significantly
influenced criminological thought by exploring the multifaceted factors contributing to
criminal behaviour.

Contrary to punitive measures, the Positivist School believes in the rehabilitation of individuals
engaging in criminal behaviour through treatment and intervention programs. The focus is on
addressing the underlying causes of criminal behaviour to facilitate the reintegration of
offenders into society.

Criticism :

The Positive School of Criminology, with its focus on scientific causes of crime and the idea
of individuals being "born criminals," has faced criticism on several fronts:

1. Determinism: One major criticism is the deterministic nature of the positivist perspective.
Labelling individuals as "born criminals" based on biological or psychological traits may

13
oversimplify the complex interplay of factors influencing criminal behaviour, neglecting the
role of free will and personal agency.

2. Ethical Concerns: The concept of identifying certain individuals as inherently predisposed

to criminality raises ethical concerns. It can lead to stigmatization and potentially biased
treatment, undermining the principles of justice and individual rights.

3. Inadequate Consideration of Environmental Factors: Critics argue that the positivist school
may place excessive emphasis on individual traits while overlooking the significant impact of
social and environmental factors on criminal behaviour. This narrow focus might limit the
comprehensiveness of criminological explanations.

4. Validity of Biological Explanations: The biological explanations put forth by positivist

criminologists, such as Lombroso's theory of atavism, have been criticized for lacking scientific
rigor and validity. Skepticism surrounds the reliability of attributing criminal tendencies solely
to physical characteristics.

5. Stigmatization and Discrimination: Identifying certain individuals as inherently predisposed

to criminality based on biological traits can perpetuate stigmatization and discrimination. This
labeling may lead to unjust treatment and hinder rehabilitation efforts.

6. Neglect of Social Context: The positive school often neglects the broader social context and
environmental influences on criminal behavior. Understanding crime solely through individual
characteristics may limit the effectiveness of interventions aimed at addressing social root
causes.

While the Positive School has contributed to the scientific study of crime, these criticisms
highlight the need for a balanced and nuanced approach that considers a range of factors
influencing criminal behaviour.

Sociological School

The sociological school of criminology provides a perspective that focuses on sociological

explanations for crime. In other words, the Sociological School of Criminology focuses on
understanding crime through the lens of social structures and institutions. It emerged in the
early 20th century, notably associated with the Chicago School.

14
It seeks to establish correlations between various types of crimes and social factors. This
approach delves into the impact of social institutions like family, education, and the economy
on individual behaviour, investigating how these factors contribute to criminal activities.

This school is concerned with group behaviour patterns, an individual's social status, their role
in society, and their perceptions of various social situations and relationships. The emphasis is
on understanding how neighbourhood characteristics, community cohesion, and social control
influence crime rates. The sociological approach underscores the significance of social bonds,
such as those formed within family, school, and community, in preventing criminal behaviour.
The argument is that individuals with strong social bonds are less likely to engage in criminal
activities. Thus, it puts emphasis on examining broader societal conditions rather than
individual traits. This approach highlights the interconnectedness between crime and social
environment, emphasizing the role of social structures in shaping criminality.

Sutherland, a notable figure in this school, proposed that crime is essentially a learned activity.
He suggested that individuals acquire knowledge about the nature of crimes and their modus
operandi through association with criminals. Additionally, D. R. Taft argued that social
disorganization, characterized by the breakdown of traditional social structures and the
rejection of old values, lies at the core of all crimes. This perspective highlights the importance
of understanding social dynamics in comprehending criminal behaviour.

Criticism :

While the Sociological School of Criminology has made substantial contributions, it is not
without criticism. Some key points of criticism include:

1. Overemphasis on Social Factors: Critics argue that the sociological school tends to
oversimplify crime by predominantly attributing it to social factors. This may neglect
individual agency and the influence of personal choices in criminal behaviour.

2. Neglect of Biological and Psychological Factors: Critics contend that the sociological
perspective may overlook the potential contributions of biological and psychological factors to
criminality. Ignoring these aspects might lead to an incomplete understanding of the root causes
of crime.

3. Generalization: Some critics argue that sociological theories tend to generalize about groups
and communities, potentially oversimplifying complex interactions. Not all individuals within
a particular social context may exhibit similar criminal tendencies.

15
4. Limited Focus on White-Collar Crime: The sociological school has been accused of
disproportionately concentrating on street crime and neglecting the study of white-collar crime,
which involves offenses committed by individuals in higher social classes or corporate settings.

5. Causation vs. Correlation: Critics raise concerns about assuming causation when
establishing correlations between social factors and crime. Establishing a correlation does not
necessarily prove a direct causal relationship.

While sociological perspectives provide valuable insights, these criticisms highlight the need
for a more comprehensive understanding of crime that integrates various factors, including
biological, psychological, and individual aspects, alongside social influences.

16
CHAPTER IV : COMPARATIVE ANALYSIS OF THE SCHOOLS OF
CRIMINOLOGY
The various schools of criminology are distinguished by their unique perspectives and theories
on the causes and explanations of criminal behaviour. Creating demarcations between these
schools is essential for a clearer understanding of the diverse approaches to
criminological analysis.

Pre-classical and Classical school

Pre-classical school

• Foundation: Based on the demonological theory, attributing crime to the influence of

demons or evil spirits.
• View of Offender: Believed that an individual, when committing a crime, is possessed
by a demon or evil spirit, rendering them incapable of acting on their own will.
• Punishment: Advocated extreme and severe torture, often through ordeals, to determine
guilt.
• Scientific Explanation: Lacked scientific explanation, relying on the supernatural
omnipotence of demons.

Classical School

• Foundation: Rejects demonological theories, embraces the 'free will' theory that
offenders commit crimes by their own choice for pleasure or to cause pain.
• View of Offender: Asserts that offenders act out of free will, making rational choices to
maximize pleasure or minimize pain.
• Punishment: Advocates for rational, proportional punishment, rejecting arbitrary
measures and emphasizing the need for clear, consistent penalties to deter crime.
• Scientific Explanation: Based on scientific explanation and rationality, distinguishing
it from the supernatural beliefs of the pre-classical school.

Point of Similarity:

Focus on Crime: Both schools emphasize the crime itself rather than delving deeply into the
mental aspects or underlying causes of the offender's behaviour.

17
In essence, the transition from the Pre-classical to the Classical school marked a shift from
supernatural explanations to a more rational, human-centric approach to understanding and
addressing criminal behaviour.

Classical and Positive school

The Classical and Positive schools of criminology diverged in their perspectives on law, the
causes of crime, and the focus of criminal justice.

Classical School:

• Definition of Law: Defined law in legal terms.

• Explanation of Crime: Based on the theory that crime results from an individual's free
will.
• Focus: Emphasized the crime rather than the criminal, limiting the scope for
reformation.
• Reformers: Main exponents included Beccaria and Bentham.
• Historical Context: Emerged in the 18th century as an effort to reform the criminal
justice system, focusing on protecting individuals from arbitrary judicial discretion.

Positive School:

• Definition of Law: Rejected legal definitions, adopting a sociological understanding of

law.
• Explanation of Crime: Relied on anthropological features of the criminal.
• Focus: Emphasized the criminal over the crime, facilitating a better understanding of
the offender's nature and mental elements, aiding in deciding liability and suitable
methods for reformation.
• Reformers: Main exponents included Lombroso, Ferri, and Garofalo.
• Historical Context: Emerged in the 19th century, emphasizing a scientific approach,
and shifting the focus from retribution to corrective methods of treatment.

In summary, the Classical and Positive schools differed not only in their definitions of law and
explanations for criminal behaviour but also in their focus within the criminal justice system,
leading to distinct approaches to understanding and addressing.

18
Pre-classical and Positive school

The Pre-classical and Positive schools of criminology exhibited stark differences in their
foundational theories and approaches to both understanding crime and administering justice.

Pre-classical School:

• Theory: Rooted in demonological theory, positing that individuals are incapable of

committing crimes due to demonic possession.
• Focus: Ignored the mental aspects and true reasons for crime, placing reliance on the
crime rather than the criminal.
• Punishments: Utilized methods such as battles and ordeals (torturous tests) to determine
guilt, with the belief that innocence would result in no harm during such tests.

Positive School:

• Theory: Relied on anthropological features of criminals for explanations.

• Focus: Emphasized the importance of the personality and mental aspects of the
criminal, concentrating on understanding the true causes of criminal behaviour.
• Punishments: Rejected the ordeal test and opposed severe torture. Embraced the
Reformation Theory, emphasizing the reform and rehabilitation of offenders into
society rather than punitive vengeance.

In essence, the pre-classical school leaned on supernatural explanations and harsh physical
tests, while the Positive school adopted a more scientific, anthropological perspective and
advocated for the humane reformation of offenders rather than punitive measures.

Pre-classical and Neo-classical school

The primary distinction between the Pre-classical and Neo-classical schools of criminology
lies in their adopted theories, with the former rooted in demonology and the latter embracing
determinism. Specifically:

Pre-classical School:

• Theory: Grounded in demonological theory, suggesting that individuals commit crimes

due to demonic possession.
• Guilt Determination: Relied on ordeals, involving severe torture, to establish the guilt
of the offender.

19
Neo-classical School:

• Theory: Embraced determinism, acknowledging external factors influencing criminal

behaviour.
• Guilt Determination: Opposed severe torture (ordeals) and deemed it unjust. Advocated
considering mitigating factors such as the individual's physical and social environment
when determining criminal liability.

In summary, while the pre-classical school focused on supernatural explanations and harsh
methods of determining guilt, the Neo-classical school rejected such practices, acknowledging
external influences on criminal behaviour and advocating for a more nuanced consideration of
factors influencing individuals.

Classical and Neo-classical school

The Classical and Neo-classical schools of criminology differ primarily in their perspectives
on free will, punishment, and the consideration of mitigating factors:

Classical School:

• Theory: Grounded in the concept of free will, asserting that offenders commit crimes
solely for personal pleasure or to cause pain to others through their own free will.
• Punishment: Imparted equal punishments for all offenders, regardless of the nature of
the crime.

Neo-classical School:

• Theory: Recognizes a distinction between total free will and determinism, contending
that no person has complete free will.
• Punishment: Opposes equal punishment for all and allows for the consideration of
mitigating factors, such as the individual's physical and social environment, when
determining guilt.

In essence, the Neo-classical school introduces nuance by acknowledging external factors

influencing behaviour and arguing for a more flexible approach to punishment that considers
individual circumstances and mitigating elements.

20
Neo-classical school and the Positive school

Indeed, the Neo-classical school and the Positive school share similarities in their
acknowledgment of external factors influencing criminal behaviour. However, a nuanced
difference exists:

Neo-classical School:

• Consideration: Considers the physical and social environment where the individual was
placed when determining criminal liability.
• Emphasis: Focuses on external factors, mitigating circumstances, and situational
influences on criminal behaviour.

Positive School:

• Consideration: Considers anthropological factors, personality traits, and the mental

element of the offender when assessing criminal liability.
• Emphasis: Emphasizes understanding the nature and psychological aspects of the
criminal to determine criminal responsibility.

While both schools recognize the importance of factors beyond an individual's control, the
Neo-classical school emphasizes environmental influences, whereas the Positive school
concentrates on the intrinsic characteristics and mental elements of the offender.

Sociological and Positive school

The Sociological and Positive schools of criminology are distinct in their approaches and focus
within the study of criminal behaviour:

Sociological School:

• Focus: Emphasizes the impact of social structures, institutions, and societal factors on
criminal behaviour.
• Explanation: Views crime because of social conditions, inequalities, and systemic
issues.
• Consideration: Analyses the broader social context, such as economic disparities,
education, and family structure, to understand criminal behaviour.
• Reform: Suggests societal reform and addressing social issues to reduce crime rates.

Positive School:

21
• Focus: Concentrates on individual traits, psychological factors, and biological aspects
in explaining criminal behaviour.
• Explanation: Looks at the inherent characteristics of the offender, including biological
and psychological elements.
• Consideration: Examines factors like personality traits, mental health, and biological
predispositions to understand criminality.
• Reform: Advocates for measures such as rehabilitation and treatment based on an
understanding of individual traits.

In summary, while the Sociological school examines crime through the lens of societal
structures and conditions, the Positive school focuses on individual attributes, considering
biological, psychological, and personality factors as key determinants of criminal behaviour.

Sociological and Classical school

The Sociological and Classical schools of criminology differ in their fundamental theories and
perspectives on the causes of criminal behaviour:

Sociological School:

• Focus: Emphasizes the role of social factors, structures, and institutions in influencing
criminal behaviour.
• Explanation: Attributes crime to societal conditions, inequalities, and systemic issues.
• Consideration: Analyses the impact of social structures, economic disparities,
education, and family dynamics on criminal behaviour.
• Reform: Suggests societal reform and addressing root causes to reduce crime rates.

Classical School:

• Focus: Centres on individual choices and free will as the primary motivators for
criminal behaviour.
• Explanation: Posits that crime is a rational choice made by individuals seeking pleasure
or avoiding pain.
• Consideration: Focuses on the act of committing a crime rather than the social context
or individual traits.
• Reform: Advocates for deterrence through swift and certain punishment to discourage
criminal behaviour.

22
In essence, the Sociological school looks at crime as a product of societal structures, while the
Classical school focuses on individual decision-making and the rational calculation
of consequences.

Sociological and pre-classical school

The Sociological and Pre-classical schools of criminology represent different historical periods
and approaches to understanding criminal behaviour:

Sociological School:

• Focus: Emphasizes the impact of societal structures, institutions, and social conditions
on criminal behaviour.
• Explanation: Attributes crime to broader societal issues, inequalities, and systemic
factors.
• Consideration: Analyses the influence of social structures, economic disparities,
education, and family dynamics on criminal behaviour.
• Reform: Advocates for societal changes and addressing root causes to reduce crime
rates.

Pre-classical School:

• Focus: Rooted in early theories that often relied on supernatural explanations for
criminal behaviour.
• Explanation: In the pre-classical era, explanations were often based on demonological
theories, suggesting that individuals were possessed by demons or evil spirits when
committing crimes.
• Consideration: Lacked systematic analysis of social structures or individual traits, as it
was grounded in supernatural beliefs.
• Reform: Did not provide a basis for societal reform; rather, punishment was often harsh
and based on religious or superstitious beliefs.

In summary, while the Sociological school looks at crime as a product of societal structures,
the pre-classical school, with its demonological theories, had a more mystical and less
systematic approach to understanding criminal behaviour.

23
CONCLUSION

From defining what constitutes a crime to delving into the nature of offenses, understanding
the impact on individuals and society, and exploring preventive measures – criminology
encompasses a broad spectrum. It intricately examines criminal behaviour and the reciprocal
influence between individuals and societal attitudes. This systematic study is vital for
formulating informed policies and interventions aimed at fostering a safer and
more just society.

While our understanding of crime has advanced, acknowledging its distribution and principal
variables, a solid comprehension remains a work in progress. Criminology in the twenty-first
century is evolving through persistent efforts to enhance methodological tools, integrate
theories across disciplines, and utilize analytical advancements. This trajectory suggests a shift
towards an interdisciplinary field. The intersection of methodological and theoretical streams
is evident, fostering rigorous theory-testing initiatives. Moreover, criminological knowledge is
increasingly applied for social welfare, aiming to reduce offenses in a fair manner.

Criminological thought has undergone a transformative journey through various schools. The
pre-classical era attributed crime to supernatural forces, resulting in harsh punishments rooted
in religious or superstitious beliefs. The Classical School, driven by Enlightenment thinkers
like Beccaria and Bentham, introduced the concepts of free will and rational choice, advocating
for deterrent punishments. Building on this, the Neoclassical School considered individual
circumstances, including mental health, in sentencing. The Positivist School, emerging in the
19th century, delved into scientific explanations, suggesting some individuals were inherently
predisposed to criminal behaviour due to biological and psychological factors. The 20th-
century Chicago School, representing the Social Logical School, explored the influence of
social factors on crime rates, emphasizing the impact of societal structures on criminal
behaviour. Each school contributes valuable perspectives to the ongoing
understanding of criminology.

The diverse schools of criminology offer multifaceted perspectives on the causes and solutions
to criminal behaviour. From the classical emphasis on free will and deterrence to pre-classical
and neo-classical considerations of biological and situational factors, the positive school's
exploration of biological and psychological influences, and the sociological school's focus on
social structures – each school contributes valuable insights to our understanding of

24
criminology. Recognizing the interplay of individual, biological, and social factors is crucial
for developing comprehensive approaches to addressing and preventing criminal behaviour.

REFERENCES

1. Criminology and Penology, N.V. Pranjape

2. https://lawstudys.com/introduction-of-criminology-definition-
importance/#Meaning_and_Definition_of_Criminology_%E2%80%93
3. file:///C:/Users/hp/AppData/Local/Microsoft/Windows/INetCache/IE/MYXMZ9B7/S
CHOOLS-OF-CRIMINOLOGY-A-COMPARATIVE-ANALYSIS[1].pdf
4. chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://ijirl.com/wp-
content/uploads/2022/03/SCHOOLS-OF-CRIMINOLOGY-A-COMPARATIVE-
ANALYSIS.pdf
5. https://www.writinglaw.com/schools-of-criminology/
6. https://thelegalquotient.com/criminal-laws/criminology/schools-of-criminology/2731/
7. https://legalvidhiya.com/schools-of-criminology/
8. chrome-
extension://efaidnbmnnnibpcajpcglclefindmkaj/https://global.oup.com/us/companion.
websites/9780199844487/guide1/study_guide.pdf
9. chrome-
extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.sagepub.com/sites/defaul
t/files/upm-binaries/13236_Chapter3.pdf
10. https://thelegalquotient.com/criminal-laws/criminology/what-is-criminology/1305/

25