CHAPTER I

CRIMINOLOGY AS A SCIENCE

Introduction
Criminology is a science and, like all other sciences, it is not self-
contained, not isolated from the life or society, from the general development
of scientific thought. The relations of criminology with life are extremely
complex and diverse. The include connections with many aspects of social
knowledge, connections with problems of social life and social consciousness.
That's way we can say "criminology is naturally part of the system of
modern science and social organization and develops an integral part of the
whole scientific process".
In other words, criminology must not be considered separately from
other sciences. The question of the laws of its development must be considered
in relation to the state of science in general and, in particular, such branches of
science as the social and juridical science which are connected with crime
control.
Criminology does not study everything concerning crime, only a definite
range of problems in their sphere. Here it does not take the place of any other
science criminology studies a specific sphere and has its own range of
problems.
We can get a get a general idea of the content of the science in question
by elucidating the meaning of the actual word "Criminol" it consists of two
parts: the Latin word Crimen (Crime) and the Great word logos.
As we can see this word means literally "teaching about crime." Here
the term crime has the same meaning as criminality consequently criminology
can be called the science of criminality. The term criminology first appeared in
publications at the end of the nineteenth century. It's originally means problems
of research into the causes of criminality. Later the term criminology began to
unite nearly all the sciences dealing with question of crimes criminality."
 2

The elaboration of specifically criminological problems began with

research carried out in various spheres of science, particularly in medicine,
moral statistics, sociology and psychology. These sciences carried out research
on crime from their own theoretical position and with their own methods.
Such trends even appeared as "Criminal Sociology" and criminal
anthropology. These trends are traced in the work of "Cesare Lombroso" and
Enrico Feni.
Cesare Lombroso (1835-1909) was an Italian psychiatrist, and
criminalist, founder of the anthropological trend in modern criminological
science. He studied and proposed the concept of the existence of special type of
person predisposed towards the committing of crimes by virtue of certain
biological features.
Enrico Feni (1856-1929) was a criminologist and lawyer and also a
representative of the Italian anthropological school of criminology and follower
of Cesare Lombroso.

Criminology

self-contained

isolated

diverse

consciousness

integral

range

elucidating

logos

literal

criminality
 3

elaboration

moral statistics

sociology

psychology

theoretical

trends

anthropology

psychiatrist

criminalist

anthropological

predisposed

criminologist

school of criminology

1.1 A General Description of Criminology

1.1.1 Definition of Criminology
Criminology is the body of knowledge regarding crime as a social
Phenomenon. It includes within its scope the processes of making laws, of
breaking laws, and of reacting toward the breaking of laws. These processes are
thus aspect of a somewhat unified sequence of interaction certain acts watch
are regarded as undesirable are defined by the political society as crimes. In
spite of this definition some people persist in the behavior and thus commit
crimes, the political society reacts by punishment, treatment, or preventions.
This sequence of interactions is the object matter of criminology. 1
Criminology consists of three principal divisions as follows:

1
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968) p.3.
 4

(a) The sociology of law, which is an attempt at scientific analysis of

the conditions under which criminal laws develop and which is
seldom included in general books on criminology.
(b) Criminal etiology, which is an attempt at scientific analysis of the
causes of crime, and
(c) Penology, which is concerned with the control of crime.
The term "penology" is unsatisfactory because this division includes
many methods of control which are not penal in character. 2
The objective of criminology is the development of a body of general
and verified principles and of other types of knowledge regarding this process
of law, crime, and treatment or prevention. This knowledge will contribute to
the development of other; it will contribute to efficiency in general social
control.
In addition, criminology is concerned with the immediate application of
crime. This concern with practical programs is immediate in the long seen
because of the increased knowledge which results from it. The practical
programs wait until theoretical knowledge which results from it. The practical
program waits until theoretical knowledge is complete, they will wait for
eternity, for theoretical in efforts at social control.3
Criminology is concerned with the causes of crime, and comprises (a)
criminal biology, which investigates causes of criminality which investigates
causes of criminality which may be found in the mental and physical
constitution of the delinquent himself. Such as here-diary tendencies and
physical defects and (b) criminal sociology, that deals with enquiries into the
effects of environment a cause of criminality. 4

reacting

interaction

seldom

2
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p.3.
3
Ibid, p. 3-4.
 5

Criminal etiology

Penology

verified

efficiency

eternity

criminal biology

delinquent

here-diary

tendencies

physical defects

criminal sociology

1.1.2 Definition of Crime and Criminal

(a) Definition of Crime
The definition of Crime has always been regarded as a matter of great
difficulty. Generally Crime is a legal wrong for which the offender is liable to
be prosecuted and convicted, punished by the state. A universal explanation of
crime must necessary be extremely or valuable for purposes of control.5
In the book of "crime and justice "Crime and Justice" crime is present
not only in the majority of societies of one particular species but in societies of
all types. There is no society that is not comforted with the problem of
criminality. Its forms changes, the act thus characterized are not the same every
where; but everywhere and always, there have been who have behaved in
search away as to draw upon themselves penal repression.
The crime has been shown elsewhere, consists of an act offenders
certain very strong collective sentiments. In a society in which criminal acts are
no longer committed; the sentiments and they must be found to exist with the
same degree as sentiments contrary to them.

4
J. W. Cecil Turner, Kenny's Outlines of Criminal Law 18 th edition , p.5.
5
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p.20.
 6

Crime is, then, necessary, it is bound up with the fundamental conditions

of social life, and by that very fact it is useful, because these conditions of
which it is a part are themselves indispensable to the moral evolution of
morality and law.6
The meaning of crime in the context of a capital society, William Adrian
Bonger, defined a crime in the formal sense as follows. "A crime is an act
committed within a group of persons published by the group (or part of it) as
such, or by organs designated for this purpose, and this by penalty whose
nature is considered more severe than that of moral disapprobation."
P.H Winfield defines a crime as a wrong, the sanction which involves
punishment and punishment signifies death, imprisonment or some other evil
which when once liability to it has been decreed, is not avoidable by any act of
the party offending.7
Crimes are relative from the legal point of view and also from the social
point of view. The criminal law has had a constantly changing content. Many
of the early crimes were primarily religious offences, and these remained
important until recent times; now few religious offences are included in the
penal codes. It was a crime in Iceland in the Viking age for a person to write
verses about another even if the sentiment was complimentary. The verses
exceeded four strophes in length, A Prussian Law of 1784 prohibited mothers
and nurses from taking children under two years of age into their beds. The
English villein in the fourteenth century was not allowed to send his son to
school and no one lower than a freeholder was permitted by law to keep a dog.
Printing a book, sale of coin to foreigners, having gold in the house, buy
goods on the way to market or in the market for the purpose of selling them at
market for the purpose of selling them at a higher price; writing a check for less
then $ 1.008.

prosecuted

convicted

penal repression
collective sentiments
indispensable

6
Crime and Justice Vol I edited by organs Randzinowicz and M.E Wolfgang (1971), p. 391-392.
7
C.K Allen, Legal Duties and Other Essays In Jurisprudence, 1931, p.231.
8 Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p. 15.
 7

evolution
capital society
designated
disapprobation
penal codes
Viking age

verses
sentiment
complimentary
exceed

strophes
prohibited
freeholder

(b) The Definition of Criminal

The term criminal is defined in the Oxford Dictionary that, a person
guilty of a crime.
Some criminologists are inclined to restrict the term "criminal" to those
person who conform to a social type, which is defined by those persons and
society generally as criminal. The terms than refers to the violator of law who
has a body skill, attitudes, and social relationships which signify maturity in
criminal culture.
This usage is analogous to the practice of reserving the term "plumbers,
electrician" or "peaches for those who engage regularly and expertly in certain
occupations. It is not applied to many occasional violators of law, even those
who commit murder. The "criminal" then becomes "the real criminal. Most of
the inmates of state prisons would not be criminals by this criterion. The use of
the word "criminal" in this manner does not direct attention to most of the
pertinent problems of criminology9.

9
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p.19.
 8

In public thought the word "criminal" is generally applied only to those

who are ostracized by society10. So in generally, the meaning of criminal is a
person who violates the law or one who commits the crime.
Most of the criminals we find in our jails and prisons are the traditional
variety we very infrequently succeed in apportioning or convicting the
overlords of criminal syndicates (except occasionally for an income tax
evasion) or those belonging to the upper socio-economic groups who commit
white-collar crimes. Many traditional criminals are essentially dangerous and
the depredations. They commit, either against persons or against property, are
serious and should not be minimized but they and their social has on fullness
are insignificant compared to the costs to society of the other types.11
Traditional criminals may operate singly or in groups, may be of law or
high intelligence may be occasional, habitual, or compulsive, their crimes may
be petty or highly dangerous, may involve violence or not. The suave
confidence man or woman, check passer or forger is a traditional criminal but
so is the petty purse snatcher or pickpocket. Some traditional work some
merely casual workers and still others rarely engage in legally gainful
employment. In short, there is a diverse group of individuals12.
There are at least nine types of adult Criminals.
(1) The casual offender. The casual offender, who violates only minor
laws and local ordinaries chiefly for his own convenience, is
scarcely a criminal.
(2) The occasional Criminal. The occasional criminal is essentially law
abiding, but either once or occasionally commits a crime, usually
of minor nature. He does not justify his act with any philosophy of
crime and may never repeat the offense, since he looks to the
conventional world for satisfactions and tends to accept its
definition of behavior.
(3) The episodic criminal, usually a serious one, when under some great
emotional stress, is essentially a non-criminal.
(4) The white-collar criminal-The white-collar criminal, like the
foregoing types, also lives in the conventional world. He engages
in a legitimate business, in the course of which he cannot some act
legally defined as crime.

10
Ibid.
11
Ibid.
12
Barnes and Teeters, ''New Horizons in Criminology" (1966), p.51.
 9

(5) The habitual criminal- The habitual criminal repeats his crimes.
(6) The professional criminal-The professional criminal is a career man
of crime. He learns definite techniques for specific types of crime
upon which he depends for lively hood.
(7) Organized crime refers to the activities of professional criminal who
has systematized their criminal's activities much as some
businesses are organized, with specialized personal, permanent
gradation of leadership, and book keeping systems. Rackets,
gambling, bootlegging during prohibition days, houses of
prostitution, confidence games, and drug rings are common
examples of organized crime.
(8) The mentally abnormal criminal. Mentally abnormal persons very
in type, and include both psychopaths, who rebel against all kinds
of social regulations, and violently psychotic persons. Although
mentally abnormal persons are not as a rule code, their crimes
satisfy some psychological need but to the casual observer seem to
be without reasonable motivation.
(9) The non-malicious criminal. Finally there are non-malicious
criminals members of small cultural groups at variance with the
main culture that surrounds them. Their members are law abiding
in terms of the rules and mores of their own group, and in general
conform to the laws of larger society except in some law instances
where their small group rules contradict these laws.13

guilty
incline
conform
analogous
plumbers
peaches
inmates

13
Ruth Shonle Cavan , Criminology, 2nd edition (New York: Crowell, 1955), p.21-31.
 10

pertinent
ostracized
syndicates
overlords
evasion
depredations
compulsive
suave confidence man
check passer
forger
snatcher
pickpocket
casual workers
diverse group
traditional criminal
casual offender
convenience

conventional

episodic criminal

white-collar criminal

habitual criminal

professional criminal

career

lively hood

Organized crime

Rackets

gambling

bootlegging
 11

houses of prostitution

confidence game

drug rings

abnormal

psychopaths

rebel

non-malicious criminal

1.1.3 Definition of Criminal Law

The criminal law has its general the prevention of certain kinds of
human activity by prohibition and punishment involves as restriction on
individual freedom, criminal law is not un-naturally found to represent a
compromise between the conflicting interests of protecting the state and the
citizen against different kinds of harm and safeguarding as far as possible
personal liberty.14
The criminal law, in turn, is defined conventionally as a body as a body
of specific rules regarding human conduct which have been promulgated by
political authority, which apply uniformly to all members of the class to which
rules refer, and which are enforced by punishment administered by state.
Many theories of origin of criminal law as an agency of social control
have been developed.
First, the classical theory the criminal law was regarded as originating in
trots, or wrongs to individuals. Second, theory is that the criminal law
originated in the national processes of a unified society. When wrongs occurred
the society took action and made a regulation to prevent a repetition of wrongs.
An alternative interpretation is that the enactment of a statute is an expression
of emotion. The third theory is that the Criminal law originated in and is a
crystallization of the mores. Customs developed with little or no rational
analysis, but after persisting for a time they achieved an ethical foundation.

14
P.I Fitzgeeald ,The Perfect of Criminal Law and Punishment , 1962, p.146.
 12

Infracting of such customs produced antagonistic reactions of the group, which

were expressed in the form of criminal law with penal sanctions.
The fourth theory is that criminal law originated in conflict of interests
of different groups. When an interest group secures the enactment of a law, it
secures the assistance of the state in conflict with a rival interest group; the
opposition of rival group thus becomes criminal. According to this theory,
wrongful acts are characteristic of all classes in present day society; the upper
classes are subtic in their wrong doing, the underprivileged classes are
directed.15
conventionally

compromise

promulgated

crystallization

Infracting

antagonistic
rival

underprivileged

1.2 The Subject and Method of Criminology

Since anything effecting human behavior is pertinent to criminology, it
be said that criminology is useful or a Survey of the knowledge of the
knowledge of mankind. Effects to explain and treat criminality have drawn on
the behavioral science and have made use of concepts and principles of the
physical and biological sciences.
Because criminal law reflects the fundamental values of society, it is one
of the most faithful minors of a given civilization. In studying the operation of
criminal law and the techniques of handling convicted offenders criminology
afford an opportunity to probe the nature of institutions organizing human
activities. This approach focuses attention on the reaction of society to the

15
Sutherland and Cressey, Principles of Criminology, 6th edition (1968), p. 9 -10.
 13

criminals, rather than concentrating solely on the criminals. This point of view
causes the observer to examine of traditions he has taken for granted.
The extent of crime demonstrates the importance of criminology as a
study for the future leaders of society who will be called or to dope with the
major issues of their days. Crime merits inclusion among the major social
problems for the reasons cited by the President's Crime Commission. *
Every citizen is, in a sense, a victim of Crime violence and theft has not
only injured, often irreparably, hundreds of thousands of citizen. But have
directly affected everyone. Some have been afraid to use public steeds and
parks. Some have come to debt the worth of a society in which many people
behave badly. Some have become distrustful of the Government's ability, or
even desire, to protect them. Some have lapped into the attitude that criminal
behavior is normal human behavior and consequently have become indifferent
to it, or have adopted it as a good way to get ahead in life.
Some have become suspicious of those they conceive to be responsible
to those they conceive to be responsible to crime adolescents or Negroes or
drug addicts or college students or demonstrator policeman who fail to solve
crime; judges who pass lenient sentence or write decisions restricting the
activities of police; parole boards the release prisoners who resume their
criminal activities.17

steeds

suspicious

adolescents

Negroes

drug addicts

lenient sentence

parole

*
President's Commission on haw Enforcement and Administration of Justice, The Challenge of Crime
in the free Society (Washington, D.C.U.S Government Printing Office February, 1967) p.1.
17
Elmer Hubert Johnson , Crime Correction, and society, Elmer Hubert Johnson,1974, p.4-5.
 14

1.2.1 Criminal Statistic

One of the favorable signs for the development of sound criminological
research is the increased interest in collection of reliable and valid statistics.
This is not to suggest that statistical information, in and of itself, is equivalent
of fundamental research but it is prerequisite. Data can suggest areas for
fruitful study. Revealing a remarkably high number of prosecutions for a given
crime may lead to an investigation into police and Court practices or the
socioeconomic conditions which brought about this condition. 18
It is necessary first to survey the sources of information crime and to
understand some of the problems attending the collecting of criminal statistics.
There are chief sources of information: police departments and other local-
enforcement agencies, courts and prisons.19
The Crime reported to the police may have been committed by one or
dozen persons. Thus to clear up are crime, a dozen arrests might be necessary.
For example recently in Chicago the arrest of seventeen years old boy was
regarded by the police to have cleared up some twenty-four burglaries, five
results and three murders. The uniform crime Reports correlate the two bases
of reporting crime by presenting both the number of crimes know to the police
and the number of crime cleared by the arrest of one or more persons. We do
not know, however, the number of criminals who committed all reported
crimes, for many crimes, for many crimes are never cleared by arrest.
Arrest or court appearances or the basis of juvenile court statistics may
overstate the is arrested and released after fine, reprimand or short period of
detention may commit a second, third or fourth offense within the year, each
followed by an arrest.
The number of arrest and court appearance cannot be assumed to refer
only to actual criminals, since many suspects are arrested but are released when
their cares come to trial. However, the difficulty with this choice of basis is that
only a small proportion of crimes reported to the police actually result in,
imprisonment of the offenders.

18
Ibid, 18-19.
19
Ruth Shonle Cavan , Criminology, 2nd edition (New York: Crowell, 1955), p 33.
 15

Some persons who no doubt are guilty are not even tried because the
evidence against them is in sufficient for conviction. Moreover, the many
minor offenders are not sent to prison even if guilty; they serve short sentences
in jail one fined or dismissed with a reprimand from the judge.
In general, then we may say that criminal statistics one incomplete
figures. In addition the bases upon which they are made limit the statistics to a
mere approximation of the numbers of offenders. 20

prerequisite

revealing

cleared up

burglaries

correlate

arrest

juvenile court

reprimand

detention

proportion

reported

approximation

20
Ruth Shonle Cavan , Criminology, 2nd edition (New York: Crowell, 1955), p.37-39.
 1

CHAPTER II

THE STUDY OF CRIME

2.1 The Causes of Crimes

The two phases of Crime problems that elicit more discussion, initiate,
more investigation and research, and call for more community action are the
causes of crime and the prevention of crime. Every individual has his own
explanation for Crime and his own idea of prevention. Millions of words,
making up hundreds of books, monographs, articles and reports by hundreds of
school, moralists, reformers, journalists, legislators, and jurists have been
published during the past two centuries on the subjects of causation and
prevention.1
elicit

initiate

monographs

moralists

reformers

What causes a specific individual to break a taboo, a social sanction, or a

law, has ever been an enigma to society. Crimea's well as immorality is the
beelewash of a culture.
taboo

enigma

immorality

Everywhere some human beings have fallen outside the pattern of

permitted conduct. It is best to face that the fact that crime cannot be abolished

1
Barnes and Teeters, ''New Horizons in Criminology" (1966), p.116.
 2

except in a non-existent utopia. Weakness, anger, jealousy some form of

human aberration has came to the surface everywhere, and human sanction
have vainly beaten against the causational, the misguided, impulsive, and ill
condition.
abolished

non-existent

utopia

aberration

vainly

causational

misguided

impulsive

For reasons too subtle and too complex to understand, the ordinary
pressures and expectancies that pattern the individual's conduct into conformity
break down in given inseances. They have always done so, they always will.
No way of drawing the scheme of good life has yet needs of human being at all
times.
subtle

expectancies

Crime is therefore an ever-present condition, even as sickness, disease,

and death, Professor Tarnenbaum's contention that crime is inevitable in
society, the Italian Criminologist, Giorgio Florida, is even convicted that, take
sin, creme in normal in society and it is our sanctions and laws, made by man,
that are abnormal.
contention

inevitable
 3

Generally, Theories of Criminality are the history of man's effort of

man's effort to kink a general explanation of why main commit crimes. In the
port one hundred and fifty years, first one explanation and then another has
been formulated by scientists, expanded, accepted by layman, and contacted
and possibly refuted by other scientists who presented conflicting theories of
data,.
kink

refuted

Most of these theories have contained at least a medium of truth, and

traces of their influence are found in present day Theories. In general, concepts
of Crime nave suffered from these defects:-
(1) They are apt to assume that criminality is based on one trail or
characteristic. Such an assumption overlooks that fact that there
are many types of criminals, each of which may act from a
different motivating force. Even when common sense and
practical observation have forced theorists to concede the
existence of criminals, they have tended to overemphasize the
one which they were interested.
(2) Many theories have assumed that at east some criminals. The real
criminals were different in some basic physical or psychological
respect from non criminals. Criminals were Special beings.
(3) Also, until recently, little effort was made to relate the supposed
cause of crime to the ultimate criminal act. The process by which
the cause was translated into human action was not studied.
(4) The theories have largely reflected dominant funds in philosophy
and scientific knowledge. Each advance in science has been
hailed as supplying the key wherewith to unlock the secret of
criminality. Not one science alone, but many uncovered the basic
cause of criminal activities.
 4

traces

defects

apt

trail

overlooks

motivating force

concede

overemphasize

hailed

A complete history of theories of crime would necessarily go back many

centuries. The present discussion covers about one hundred and fifty years.
This limitation does not mean that earlier conception of causes of criminal
behavior have completely dropped out of sight. At one time crime (man) was
regarded as the battleground for the conflict between the forces of good end,
evil. Men sinned and committed crimes when they allied themselves with the
devil.

drop out

sight

battleground

forces of good

evil

sinned

allied
 5

devil

This point of view is still current in certain groups and is implied in

many popular conceptions of crime. The doctrine of free will and voluntary
choice of good or evil is still inherent in much of our legal machinery and
forms of punishment. Phrenology, at one time widely acclaimed even by some
scientists as the key to criminal behavior, still crops up here and there, although
it had begun to decline the popularity in this country by the 1810's.

doctrine of free will

inherent

Phrenology

acclaimed

crops up

decline

Theories crime that had some basis in Factual studies, rather than in
philosophy or pseudo science, fail into Four general classes; sociological,
Physical or biological, psychological, and psychiatric. In Western Europe and
United States, the theories first appeared in much the same order. At present all
four approaches are represented in theories that sometime overlap and
corroborate each other and sometimes contradict. In the past there is still no
single, generally accepted point of view regarding the causation of criminal
behavior.3

3
Ruth Shonle Cavan , Criminology, 2nd edition (New York: Crowell, 1955) ,p .313- 315.
 6

Factual

pseudo

psychiatric

overlap

corroborate

contradict

2.2 Study on Schools of Criminology

Schools of Criminology have developed during the last two centuries. A
"School of Criminology" is a system of thought, together with the proponents
of that system of thought: The system of thought consists of an integrated
theory of causation.
The principals of criminology are listed in table. These schools can be
distinguished from each other only in the writing of the more extreme
adherents, who were customarily, the early writers in the school. Each of the
schools, with the possible exception of the last has been broken down as a
complete explanation of criminal behavior and has merged with the
explanations. Further more, the outline below cannot do the many variations in
each school of thought or to the interrelations among the schools. The dates of
origin are approximations.
Table
School of Criminology

Content of
School Date of Original Methods
Explanation

Classical 1775 Hedonism Arm-chair

Cartographic 1830 Ecology, culture Maps,
composition of Statistics
population
 7

Socialist 1850 Economic Statistics

Determinism
Typological 1875 Morphological type, Clinical,
born criminal statistics
1.Lombrosian 1905 Feeble-mindedness Criminal
statistics
2.Mental testers 1905 Psychopathy Criminal
statistics
3. Psychiatric 1915 Groups and Social Criminal
Sociological Processes statistics

Schools of Criminology

proponents

integrated

causation

Adherents

approximations

Ecology

Clinical

2.2.1 The Classical School

The Classical School was based on hedonistic psychology. According
to psychology governs his behavior by consideration of pleasure and pains,
pleasure anticipated from a particular act may be balanced against the pains
 8

anticipated form the same act, or the algebraic sum of pleasure and pains from
one act may be balance against the algebraic sum pleasure and pains from
another act.4
Its main exponent were "Beccaria" and "Benthem" The classical school
was based on rationalism, according to which men enters into certain
relationships with his follows. Benthem made application of that psychology
legislation and Beccaria made application of it to penology. Benthem was
presumed to have innately, the power to choose light from wrong. According to
his psychology men governs his behavior by consideration of pleasures and
pains. In the other way the pleasure and pain theory of men's action
(Hedonism) was also incorporated into the theories of the classical school of
criminology.

Classical School

hedonistic

anticipated

algebraic

exponent

rationalism

penology

innately

2.2.2 The Cartographic School

The second school of criminology was called the cartographic or
geographic school and was similar to the school which in recent years has been
called the ecological.

4
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p. 52-53.
 9

The leader of this school was concerned primarily with the distribution
of crimes in certain areas, both geographical and social. There were interested
in crime as a necessary expression of social conditions. Quetelet and A.M
Guerry were the leaders of this approach in France, and they had a large
number of followers in that country and in England & Germany. The school
flourished from about 1830 to 1880.
Not only did the adherents of this method analyze the distribution of
general crime rates but they made special studies of Juvenile delinquency and
of professional crime which are comparable with those of present generation
and superior to anything in the interval between 1880 and the present. This
period in the history of criminological theory was practically unknown to the
present generation of criminologists until it was "re-discover" by Linda smith
and Levin. They have listed a very large number of factual studies by this
method.

Cartographic School

geographic school

ecological

flourish

superior

interval

2.2.3 The Socialist School

The socialist school of criminology based on writings of Max and Engel,
began about 1850 and emphasized economic determinism. The school was
concerned with crime only by- product, but it conducted many factual studies,
 10

principally by the statistical methods, and provided much material regarding

the variations in crime rates in association with variations in economic
conditions.
The conclusion which was derived from these factual studies was
generally in agreement with the preconceptions of the students who were using
the approach and were regarded as supporting the socialist program.
Nevertheless, this school may properly be called scientific, for it began with a
general hypothesis and collected factual data in a manner which enable others
to repeat the work and fest their conclusions.
Socialist School

Preconceptions

hypothesis

2.2.4 Typological School

Three schools of criminological which have been called "typological" or
"bio-typological" have developed. They are similar in their general logic and
methodology and all of them are based on a postulate that criminals differ from
non-criminals in certain traits of personality, which promote unusual tendencies
to the necessary expression of their unique personal traits, and the social
situation and processes need not be taken into account in the explanation or
control of their behavior.
These three typological schools differ from each other as to the specific
traits which differentiate criminals from non-criminals.5
Typological School

postulate

5
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p.54.
 11

2.2.4.1 The Lombrosian's School

Lombroso was the leaders of a school which was know as the "Italian
School" The first statement of his theory was in the form of pamphlet,
published in 1876. This school has been called in another sense a "positive
school." This school was in opposition to the arm-chair speculation of the
classical school, upon which the legal system of Europe had been based.
Lombroso's theory consisted of the following proposition;
(a) Criminal are by birth a distinct type.
(b) This type can be recognized by stigmata or anomalies, such as
asymmetrical cranium, long lower jaw, flattened nose, scantily
beard, and low sensitivity to pain.
(c) These physical anomalies do not in. Themselves cause crime;
rather they identify the personally which is predisposed to
criminal behavior and this personality is either a reversion savage
type-an atavism or else degeneration, especially akin to epilepsy.
(d) Because of their personal natures, such persons cannot refrain
from crime unless the circumstances of life are unusually
favorable.
(e) Some of Lombroso's followers concluded that the several classes
of criminals such as thieves, murderers, or sex offenders are
differentiated from each other by physical stigmata.
This Lombrosian School was directed at first against the classical
school, and was concentrated question of determinism versus free will; later it
was directed against Trade's theory of imitation and was concentrated on the
of biological versus social determinism. At the result of these
controversies, Lombroso gradually modified his conclusions especially as to
the "born criminals."

arm-chair

speculation

birth
 12

stigmata

anomalies

asymmetrical

cranium

scantily beard

predisposed

reversion

savage

atavism

degeneration

akin

determinism

"born criminals"

2.2.4.2 The Mental Testers

This school was represented most clearly by Goddard's theory that
feeble mindedness, causes crime for the reason is enable to appreciate the
consequences of he behavior or appreciate the meaning of law. Goddard's tests
showed that almost all criminals were feeble- minded and he asserted, also, that
almost all feeble-minded persons were criminals.

Mental Testers

feeble mindedness

asserted
 13

2.2.4.3 The Psychiatric School

The Psychiatric school is a continuation of the Lombrosian School
without the latter's emphasis on Morphological traits. It continues to
emphasize, as did Lombroso, psychos, epilepsy, and moral in sanity, but it has
attributed increasing importance to emotional disturbance and other minor
disrepute. Also, in the later history of this school, it has held that. These
emotional disturbances are acquired in social interaction rather than biological
inheritance.
Many variations are found within the school but the major influence has
been the Freudian theory, especially in its earlier form, which placed great
emphasis on "the unconscious, "frustration, and the Oedipus complex.
This psychiatric approach, in general, has great prestige at the present
time, but it will probably seem its course and disappear from current
typological theories have. This does not mean that psychiatry will not continue
to mean that psychiatry will not continue to make significant contributions to
the understanding of criminal behavior, rather its means that as a generalized
explanation of criminal behavior. 6

Psychiatric School

Morphological traits

psychos

epilepsy

disturbance

disrepute

6
John, L Crillin, Special Factors Affecting the Volume of Crime in physical Basic of Crime ,1914
p.53-57.
 14

interaction

inheritance

frustration

psychiatry

2.2.5 The Sociological School

The schools of criminology, the sociological are the most varied and
diverse. Analysis of the causes of crime in sociological manner actually began
with the cartographic and socialist schools.
The sociological school is that criminal behavior results from the same
processes as other social behavior. Analyses of these processes as they pertain
to criminality have taken two principal forms.
First, sociologists have attempted to relate variations in crime rates to
variations in social organization including the variations in larger in larger
institutional systems. The following are some of the social conditions which
have been discussed in relation to variations in the crime rates of societies and
sub-societies; the processes of mobility, culture conflict, competition, and
stratification; population density and composition; and the distribution density
and composition; and the distribution wealth, income, and employment, This
king of analysis; has fallen into disfavor in recent years, principally because
criminologists have become aware of the extreme unreliability of crime
statistics.
Second, sociologists have attempted to define the processes by which a
person becomes criminal. These analyses are related to general theories of
social learning and have utilized such concepts as imitation, attitude value, and
differential association and to some extent, compensation and frustration -
aggression.

Sociological School
 15

sub-societies

stratification

unreliability

aggression

2.3 Community Background of Crime

The discovery that crime rates vary from region to region, city to city,
and between rural and urban areas has led to studies of the characteristics of
areas that might help to explain the difference in rates.
In every large city the courts are clogged with cases of adolescent and
youthful males accused of theft. The problem is serious not only because of the
early misconduct but also because young delinquents develop into adult
professional criminals with some form of theft as specialty, or sink into the
rank of habitual criminals.
Those who work with urban youth have long observed that slums
yielded up many more cases of delinquency and crime than other parts of the
city. Hence one of the most hopeful approaches to the understanding of crime
is the study of communities where crime is almost part of the daily lives of the
residents.
Most studies of communities are concerned with juvenile delinquency
which is an excellent starting point for investigation, since the majority of
criminal careers begin either in childhood or during adolescence.
"Delinquency areas "is the term applied by Clifford R. Shaw to the
communities in large cities where a high percentage of the beyond girls are
delinquent. Shaw and his associates studied delinquency rates in certain cities,
and other sociologists have contributed similar studies for additional cities.
Having located the areas with high delinquency rates, all these sociologists
were able to appear to encourage and tolerate delinquency.7

7
Ruth Shonle Cavan , Criminology, 2nd edition (New York: Crowell, 1955), p .54-55.
 16

It has long been accepted that the city outdistance the country in
delinquency and crime rate. In general we can only on the number of arrest by
police and other peace officers for statistical material that will yield crime
indexes. Hence the efficiency of the apprehending authorities is a serious
variable in comparing crime rates in urban and rural areas.
The crime problem in areas outside cities is about half that inside cities
per unit of population. These "rural areas "including the urbanized fringe areas,
report more crime per capita in certain categories then some cities.8
Outside the loop (downtown) the delinquency rate tends to decrease. A
high rate tends to decrease section decreasing to a low rate in the out lying
residential districts .An industrial or business section encroaches on less stable
residential areas, the rate incerase.
The well- ordered residential neighborhood tends to have low rate of
delinquency. It seens than that the location of area in the city as a whole does
not determine the delinquency rate, but rather proximity to and industrial or
business section.
Poverty may simply be a charactoriestic of groups not well adjusted to
unban economic life and by implication not well adjusted.
It may also cause certain person to crave the luxuries or even the necessities
that they are others enjoy, see pictured in motion picture, or read about
advertisement. They may therefore steal as an easy way to obtain money to
satisfy these needs and desires.
Another characteristic of urban delinquency areas is in the mobility of
population. The area with a rapidly decreasing population was characteristic of
those areas in which business and industry were expending, and taking over
territory formerly used for residences. Areas near the outer adage of the city
that were essentially residential exhibited and increasing population.
The population of urban delinquency area tends of the economic and
social discrimination. The national and racial backgrounds of these people
therefore vary in different cities and also at different periods of time.
 17

clog

adolescent

misconduct

slums

yielded up

careers

tolerate

indexes

urbanized

fringe areas

downtown

encroach

proximity

adjust

crave

mobility

adage

2.3.1 Family Background of Crime

Since the family has almost exclusive contact with the child during the
period of greatest dependency and greatest plasticity, and continued intimate

8
Barnes and Teeters, ''New Horizons in Criminology" (1966), p.144.
 18

contact over a subsequent period of several years, it plays, an exceptionally

important role in determining the behavior patterns which the child exhibit.

No child is so constituted at birth that it must inevitably became a

delinquent or that it must inevitably be law-abiding, and the family is the first
agency to effect the direction which a particular child will take. Probably it is
for this reason that a long proportion of the criminological research and
thinking during this country, and especially in the 1930's has been concerned
with the relation-ship between the crime and delinquency on the one hand and
various of home condition and child rearing practices on the other hand. 10

The well-integrated and socially mature home cannot be duplicated, but

that utopian ideal is rare in these, confused days when the stresses and strains
of modern life make it extremely difficult to attain "peace of mind". Of course
not all confused homes produce delinquents but they are not especially healthy
place in which to rear children. What constitutes a "normal" home? Many years
ago Dr. Miriam Van Waters set down what she thought the home should
furnish the child.

The home has primary tasks to fulfill for its young, to shelter and
nourish infancy in comfort, without inflicting damage of premature anxiety,
enable to Child to win health, virility and social esteem, to educate it to meet
behavior codes of the community, to respond effectively to human situation
which produce the great emotions, love, fear and anger; to furnish practice in
the art of living together on a small scale where human relationships are kindly
and simply; finally the home has as it supreme task the weaning of youth, this
time out from the breast of the mother, but from dependence, from relying too
much on the kindness and simplicity of home, so that youth may not fail to
become imbued with joy of struggle, work and service among sterner human
relationships outside.11

10
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p.171.
11
Barnes and Teeters, ''New Horizons in Criminology" (1966), p.180
 19

The family units are expected to train children efficient way, so that they
will not become delinquent, there is no real science of child rearing, and such
knowledge as is developed is not available to or utilized by many families.
The take of the child training was comparatively simple in early society
but has become extremely difficult in modern life. In preliterate life both
parents culture, as were also the grand parents, other relations and neighbors.
The result was a steady and harmonious pressure upon the child which formed
his character without difficulty and with a minimum of conflicts. This is
impossible in modern society, where the person in charge of training of the
child cannot be consisted. Parents are in conflict with each other, with
grandparents, with school teachers, and with movie actors. Moreover, parents
are in conflict, probably more than previously, for the affection of the child.
In this situation harmonious pressure of consistent authorities is
impossible. It is not even possible for one parent to be consistent with himself
for he does not have the support of a consistent culture to keep his policies
stable. These inconsistencies undoubtedly affect the degree of obedience which
parents can exact from children and, generally the degree to which children can
be controlled. Further obedience and control depend largely upon the prestige
of the parents, and this affected by both the consistency of demands they make
upon a child and their status in the community.
The poverty physical features, competitive ability and comparative
attainments, language and social status of the parents in comparison with other
persons with whom the child is acquainted, may destroy the prestige of the
parents so that the behavior patterns presented are relatively ineffective.
The homes from which delinquent children come are frequently
characterized by one or more of the following conditions:-
(a) other members of the family criminalistic, immoral or alcoholic.
(b) absence of one or both parents by reason of death, divorce, or
desertion.
(c) lack of parental control through ignorance, blindness or other
sensory defect or illness.
 20

(d) home uncongeniality as evidenced by domination by one

member, favoritism, over severity neglect, jealousy, crowded
housing conditions, interfering relatives.
(e) racial or religious differences, differences in convention and
standards, foster home, or institutional home.
(f) economic pressures, such as unemployment insufficient income,
mother working out.12
Criminality in the home is one of the most obvious elements in the
delinquency of some children is the criminalist behavior of other members of
the child's family.
It is the home where both parents reside physically, but where these is
constant bickering little respect for the rights of each individual, and where the
child is "pushed around" or ridiculed. It is the authoritarian home, in which the
father assumes.
The old-fashioned patriarchal role and the wife and children are
relegated to a passive status. In such home the child is too often rejected, never
having the genuine experience of "belonging" and becomes, as a result,
desolate, anxious, restless, or often hostile. Our child guidance clinics are full
of such cases and there is evidence that the thousands of others unfortunately
never get to the clinics. They are supposed to "outgrow" their peculiarities.
There are two types of broken home, the type where one parent is
missing making home, life atypical in carrying on its responsibilities toward the
individual members, and the psychologically broken, or disorganized, home
where cross purposes are more conspicuous than, harmony. 13

Plasticity

intimate

law-abiding

12
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p.172.
13
Barnes and Teeters, ''New Horizons in Criminology" (1966), p.181
 21

well-integrated

duplicated

utopia

strains

set down

furnish

premature

anxiety

imbued

stern

preliterate

harmonious

inconsistencies

prestige

acquainted

criminalistic

immoral

alcoholic

desertion

sensory defect

uncongeniality

interfering relatives
 22

racial

bickering

"pushed around"

ridiculed

authoritarian

old-fashioned

relegate

passive

clinics

"outgrow"

peculiarities

broken home

disorganized

conspicuous

2.4 Organized Crimes

The professional criminal groups or mobs that work together as
pickpockets, shoplifters, or confidence men are organized in the sense that each
person performs a distinct, specialized function directed toward accomplishing
a common land. No single members could accomplish alone what the mob
accomplishes by its precise interaction. The term "organized Crime", however
is reserved for a different type of organization, one that is more complicated
and extensive than the small mob of three or four persons. The chief
characteristics of organized crime are these:-
1. Control of all crime in a given geographic area or at least of the
crime of certain types by a small central group similar to the
 23

board of directors of a legitimate business organization,

sometimes the control is vested in the hands of one man. This
controlling groups dictates the conditions under which criminal,
activities are operated within the area. Support or granted to
approve operators, outsiders who attempt to intrude or "muscle in
"are ruthlessly threatened, tortured or murdered. Thus a
monopoly is established.
2. Standardized methods of conducting crime and rules of criminal
conduct are sternly enforced on members of the organization.
3. Inclusion within the organization of personnel who perform
services not essential to the commission of crime, but who
contribute protection, such as lawyers, doctors and keepers of
hideouts and the libel. These persons are attached only to one
organization and do not serve other criminals.
4. Careful planning for each crime to achieve the maximum of
success.14

Organized Crimes

mobs

shoplifters

confidence men

accomplishing

common land

dictates

intrude

Standardized
hideouts

14
Ruth Shonle Cavan , Criminology, 2nd edition (New York: Crowell, 1955),p.148.
 24

2.5 Organized Criminal Gangs

The gang is an intimate group bound by ties of friend-ship and loyalty
that tends to established it own folkways and mores, often in opposition to
those of conventional society.
It activates satisfy the immediate wants and interests of its members.
Since the gang typically is composed of undisciplined youths its interests are
likely to be directed toward adventure and thrill. In pursuing it's activates the
gang usually disregards the rights and interests other groups. The gang thus
implies a group that is not incorporated into the social structure and is often in
conflict with it.
Many gangs of youths cannot better professional criminal gangs. They
spend much of their time in athletics, roaming around, shooting craps,
attending movies and dances, playing pool, and the like. As individuals the
members are undisciplined; as a group they are relatively amorphous. When
they indulge in criminal activates such as jack rolling, shoplifting, or bus glory,
they act by twos and threes rather than as a gang. These criminal activates are
accessory to their main interests, which are essentially recreational in that they
are seeking adventure and pleasure.
The criminal gang specifically for crime and all other activities are
subordinate. The criminal gang is unlikely to indulge in general hoodlumism,
which would endanger its existence, since it does not care to call attention to it
unnecessarily. The criminal gang is thoroughly organized, with some one
person as the leader, and with such accessories as lawyers, doctors,
messengers, fences and the like. When the gang is able to operate in one locale
it has established definite protection for its members. But often the modern
gang, equipped with automobiles, is mobile and shifts its headquarters from
city to city, perhaps, from one seaboard to other, depending upon its own
careful planning and cleverness in avoiding capture.15

Organized Criminal Gangs

folkways

15
Ruth Shonle Cavan , Criminology, 2nd edition (New York: Crowell, 1955), p .148-137
 25

thrill

athletics

roaming

craps

amorphous

indulge

jack rolling

accessory

hoodlum

fences

locale

shifts

seaboard

cleverness

capture
 CHAPER III

MODERN SOCIOLOGICAL THEORIES

3.1 The Ecological Approach

Most of the courses in criminology taught in our colleges and
universities are found in departments of sociology and most of the texts are
written by sociologists. Since approximately 1920, with the emergence of the
scientific school of sociology developed under Professors Park and Burgess,
the sociologists have focused much attention on the community and its impact
on the individual. Starting with the ecological approach at that time, out of
which emerged the "delinquency area" thesis, several sociologist-
criminologists have attempted to explain crime in scientific terms.
Sociological

Ecological

delinquency

Briefly stated, the conceptual framework of social ecology assumes that

man is an organic creature and therefore behaves according to the general laws
of the organic world. Human ecology deals with the relations of people to their
spatial environment and to their various reactions to the various environmental
stresses and strains.
spatial

strains

Professor Robert E.Park of the University of Chicago, a pioneering

sociologist, looked upon the community as his unit of investigation. Even in
limiting ecology to the community, it is a broad subject. And, of course, there
are limitations in carrying out the analogy from the plant world. But out of this
 2

general thesis there grew a brilliant series of studies that have made their mark
on sociology and social investigation.
pioneering sociologist

analogy

In Frederic Thrasher's The Gang , one work growing out of this era,
involves a study of 1,313 gangs in Chicago and indicates their concentration in
a twilight zone of factories and railroads radiating from the central Loop
district.
twilight zone

radiate

According to Thrasher, Gangland represents a geographically and

socially interstitial area" between the Loop and residential districts and in other
mid-positions. He made it plain that village gangs do not usually become a
social problem, and that not all city gangs are delinquent, but many gangs are
training schools for crime.
interstitial

mid-positions

delinquent

His research, though it was not primarily concerned with delinquency,

made important contributions to the natural history of regions that are the
habitat and nursery of delinquency, for he pointed out the location and
characteristics of these regions.
nursery
 3

The concept of a transitional or interstitial area was important, for it

suggested that crime originates on the edges of civilization and respectability
and in communities imperfectly adjusted to normal conditions. Thrasher's work
still has considerable meaning in attempting an appraisal of the sudden
upswing of young adult delinquent gangs in our metropolitan centers.
edges

transitional

appraisal

upswing

metropolitan

It may be noted that Thrasher's work called attention to the appeal of the
gang for adventurous recreation, to the gang's importance as a social group, to
its cultivation of an intense spirit of loyalty, and to other qualities it possesses
that have social values. His studies revealed some of the requisites that must be
built into activities to remedy anti-social effects of gangs-requisites that are
adequate substitutes for gang traits. But the outstanding and immediate
ecological factor of Professor Thrasher's book was the mapping and
description of gangland.
cultivation

intense

revealed

anti-social
 4

gangs-requisites

traits

mapping

gangland

Much the same regions were the subject of the late Clifford B.Shaw's
Delinquency areas, which developed the fact that delinquency rates are high in
the center of Chicago and progressively lower at greater distances from the
center and from industrial areas. This picture of Chicago, where the
"delinquency area" concept was born, was paralleled by similar findings for
other cities.
progressively

parallel

Shaw and his colleagues demonstrated that conduct symptomatic of pre

delinquency, including habitual truancy, incipient delinquency, and the like,
tends to be clustered or concentrated in certain well- defended areas. The
highest rates are usually found in the congested and disorganized urban
sections lying adjacent to the central business and warehouse areas, and the
lowest rates in the outlying suburban and residential districts.
symptomatic

pre delinquency

truancy

incipient

clustered

defend

congest
 5

disorganized

adjacent

warehouse

suburban

As any student of urban problems is swore, there are many characteristic

differences between such areas. The downtown and warehouse districts were
once residential areas but are now slums. The older inhabitants moved out as
business began to encroach upon their neighborhoods. These old
neighborhoods take on a certain sordidness that causes a breakdown in the
traditional social controls.
slums

encroach

sordidness

The people who move into these more or less abandoned neighborhoods
are marginal; they hover around the bare subsistence level. Immigrants,
Negroes from the south, migrant families, and others attempting to "break in"
to the precarious economic life of a great city, of necessity gravitate to these
neighborhoods.
Marginal

hover around

bare

subsistence
 6

Immigrants

migrant

precarious

gravitate

These elements differ markedly in their cultural backgrounds and often

clash among themselves. Few, if any, stabilizing community forces remain; the
families are often financially impoverished and find it extremely difficult to
carry on nay policy of neighborhood reconstruction. The disintegrative forces
overpower the feeble efforts of community agencies to bring about the
stabilization that is fundamental to fundamental to guiding normal social
behavior.
clash

impoverished

disintegrate

overpower

feeble

So, instead of thinking in terms of the significance of poor housing,

overcrowding, low standards of living, low educational standards, and other
such conditions, this approach looks upon these merely as symptomatic of
more basic degenerative processes. That is, delinquency areas are due to the
deterioration of the fundamentals and characteristics of social control.
poor housing

overcrowding

degenerative

deterioration
 7

Shaw made it quite plain that there is a definite relation between his
delinquency areas and juvenile delinquency. In addition, he demonstrated a
serious relation between delinquency and recidivism, showing that an area that
has a high rate of delinquency also has a high percentage of recidivism among
the delinquents.
Recidivism

Yet, as W. Lloyd Warner and Lunt showed in their The Social Life of a
Modern Community, there is a differential treatment of persons in slum areas, a
fact frequently area concept.1
They show that the high arrest rate by the police in these areas is not
necessarily an index of real delinquency and crime for a city. Police are not
"fixed" to refrain from arresting in such neighborhoods, as is the case in many
well-to-do areas of a large city. This salient fact must always be borne in mind
when we appraise the high delinquency rate of blighted neighborhoods.
well-to-do

blighted

In their later book, Juvenile Delinquency and Urban Areas (1942), Shaw
and his colleagues expanded their research to include several to those reported
and described in their earlier work.
The conclusions reached by Shaw and his associates are that group
delinquency, which characterizes much of our modern crime, is deeply
imbedded in the roots of modern community life; that attitudes prevailing in
metropolitan centers seem to sanction delinquency through the conduct,
speech, and gestures of adults with whom city juveniles come in contact; that
the competing values of modern life confuse the growing boy and encourage
him to seek a life of excitement in which he can gain a satisfying status with his
kind; and that year after year this situation grows more serious. Any solution,

1
.W.L loyd Warner and Paul S. Lunt, The Social Life of a Modern Community (New Haven & Yale
University Press, 1941), p.376
 8

these writers feel, must come from community agencies focusing their attention
on the setting or neighborhood life form which these young delinquents
emerge.
imbedded

gestures

competing

In general, studies of other cities confirmed his findings for Chicago that
major ganglands and delinquency areas had housing conditions; no play spaces
except streets and vacant lost and railroad yards and track; heavy employment
of underage children; much truancy; heterogeneous racial make-up; a
population that is decreasing, mobile, and dense; industrial and commercial
crowding; poverty and family dependence in addition to locations that are
centralized and interstitial or transitional. Intensive studies of specific
criminogenic areas inside certain cities now further developed these
characteristics.
vacant

heterogeneous

racial

make up

Intensive

criminogenic

3.2 A Critical Note on the Delinquency Area Concept

The 1920's and 30's witnessed a plethora of ecological studies of crime
delinquency, and other forms of social disorganization, all competent students
of the park and Burgess school. Many of these were accompanied by charts and
 9

maps of cities and areas of cities. In more recent years the emphasis seems to
be away from the ecological approach.
plethora

Critical

There have been very few studies in the past twenty years emphasizing
this once popular approach. This is due to two factors, at least. One of these,
pointed out by Sophia Robison in here provocative book, Can the delinquency
be measured is that the term "delinquency" is so variously defined and
considered, and so subjectively interpreted, that it cannot be used as a unit of
measurement. As she states:
subjectively

interpreted

Although the delinquency area technique of study, developed in Chicago

and later extended to an examination of the locus of delinquency in other cities,
has received official recognition, the suspicion persists that this method is not
only essentially invalid to indicate the extent of juvenile delinquent behavior
but that it does not furnish any very useful approach to the problem of
understanding or preventing delinquent behavior. 2
suspicion

persists

furnish

Her analysis of delinquency in New York City failed to validate an

index of delinquency said to be established by studies in Chicago and other
cities.3 Miss Robison further cannot accept the thesis that delinquency
decreases from the general business district outward.

2
Sophia Robision, Can Delinquency Be Measured? (New York: Columbia University Press, 1936),
p.4
3
Sophia Robision, Can Delinquency Be Measured? (New York: Columbia University Press, 1936),
p .210.
 10

The second factor that tends to militate against the area concept is the
psychiatric approach to the problem of maladjustment and delinquent behavior.
Although no one can deny that the great bulk of delinquency comes from the
blighted areas of our large cities, this fact cannot obscure the existence of much
delinquency in the homes of the economically favored.
militate

psychiatric

maladjustment

It is just not recorded so frequently. The psychiatrists are not much

impressed with the ecological or statistical studies made cases by the
sociologists. For example, Alexander and Healy in their work, Roots of Crime,
maintain that such studies do nothing more than call attention to a phenomenon
that every policeman knows, and needs no further explanation.4
psychiatrists

impressed

Another interesting approach to the dilemma of delinquency in working

class society is that presented by white in Street Corner Society5 and, more
recently, by Cohen in Delinquent Boys.6 In the former work, contrasts are
made between values of college boys who come from working-class homes and
the "corner boys" who also belong in similar homes. Cohen, while criticizing
the "delinquency area" concept in stating that "interstitial" and "slum" areas
"have a vast and ramifying network of informal associations, "does maintain
that delinquent behavior, is found primarily in lower economic groups. His
thesis is that there is a pattern of delinquency that persists in certain social
classes which he aptly describes as "non-utilitarian, malicious and negativistic.7
dilemma

4
Franz Alexander and William Healy, Roots of Crime (New York: Knopf, 1935), p.274.
5
William F.Whyte, Street Corner Society. reved (Chicago: University of Chicago Press 1955).
6
Albert K.Cohen, Delinquent Boys (Glencoe, Kllinois: press, 1955)
7
Albert K.Cohen, Delinquent Boys (Glencoe, Kllinois: press, 1955), p.161.
 11

contrasts

corner boys

ramifying

apt

non-utilitarian

malicious

negativistic

While criticisms of the "delinquency area" concept may not be fatal, or

even serious, they are at least worthy of record. Another qualification of the
concept would arise if studies of any quantity were available that would show
just how many children grew up in blighted neighborhoods and do not become
delinquent.
Fatal

Another criticism of the area concept is that, while the work done, and
the approach itself, are valuable, they have drawn attention away from the
individual's maladjustment. This maladjustment must always be considered in
diagnosing and treating the delinquent. The area concept also permits divers
people and reform organizations to ride the popular bromides of poverty,
broken homes, poor housing, and the like as the basic causes of delinquency
and crime.
diagnosing

bromides of poverty

An ecological approach to delinquency in urban areas can be of practical

value to agencies such as: city departments in charge of public safety, public
welfare, and health: private and public agencies engaged in developing low-
cost housing projects; the board of education, recreation bureau, and social
agencies, Neighborhood and community council as well as other civic
organizations devoted to improvement of specific areas need factual
 12

information along these lines. State and city planning commissions, preparing
blueprints for improved living conditions or for redevelopment projects, will
find such studies of inestimable value in determining needs.
civic

devoted

inestimable value

The delinquency area concept has served a useful purpose in assisting in

the fight against delinquency and crime. But there is a danger that it will
continue to be used as it has all too frequently in the past, as an over-all
simplification of the problem.
simplification

3.3 Current Sociological Theories of Causation

Since the heyday of the ecological approach to causation a number of
academic sociologists have advanced theories that merit review. The texts and
professional journals bear evidence that, regardless of their apparent adequacy,
they fall short of answering the over-all question of criminal behavior.
Sociological

Causation

heyday

merit

Perhaps the first sociologist to develop a theory of causation, aside from

the ecologists, was the late Edwin H.Ruth-erland, a most competent
criminologist. His thesis, known as the "differential-association" theory when
first developed, stated that most criminal behavior is learned through contact
with criminal patterns which are present, are acceptable, and are rewarded in
one's physical and social setting. As this theory is stated in the latest Sutherland
text we find:
 13

Criminologist

Differential

A person becomes delinquent because of an excess of definitions

favorable to violation of law over definitions unfavorable to violation of law.
When persons become criminal, they do no because of contacts with criminal
patterns and also because of isolation from anti-criminal patterns. Any person
inevitably assimilates the surrounding culture unless other patterns are in
conflict.8
inevitably

assimilates

In other words, persons become criminal because they apparently have

more contacts in their daily lives with criminals or quasi-criminals than with
non-criminals that their million is heavily weighted by individuals who are
crime-motivated. There can be no doubt that individuals become what they are
largely because of the contacts they have, but both the constitutional and inborn
hereditary and the intensity of the environmental stimuli must be appraised as
well. While Sutherland did not advance this theory to explain all criminal
behavior, it has been assumed by many that it more adequately explains
dissident behavior than most others. But it fails to give any importance to the
biological makeup of the individual nor does it make any provision for
evaluating or weighting the influences in the environment that impinge upon
the structure of that individual.9
quasi-criminals

motivated

8
. Edwin Hl Sutherland and Donald R.Gressey, Principles of Criminology, 5 th edition (Philadelphia:
Lippincott, Copyrigth 1955) p.78
9
For more detailed analyses of the "differential association" theory see: Robert H.C aldwell,
Criminology (New York: Ronald, 1956) pp.181-185; Sheldon Glueck, "Theory and Fact in
Criminology, The British journal of Delinquency, Vol.7, NO.2 (October, 1956)pp.92-109; and
George B.Vold, Theoretical Criminology (New York: Oxford University Press, 1959), pp.194-198.
 14

inborn hereditary

intensity

appraised

dissident (

impinge

Another distinguished sociologist criminologist who has given much

thought to the etiology of crime, at least so far as it appears in our western
culture, is Donald R. Taft. His thesis is that in any culture that is highly
competitive and materialistic, in which the striving for prestige and status is so
strongly impelled by social forces, much crime must inevitably take place.
etiology

materialistic

prestige

impelled

His "tentative" thesis is: given a dynamic culture, complex, highly

materialistic, with inconsistencies between present and practice, with a high
degree of differential treatment between members of dominant groups and
members of the underprivileged and minority groups, with "success" measured
more by "what you show" rather than "what you have," or in conspicuous
consumption rather than in integrity, such a culture is bound to have much
crime.10
"tentative"

dynamic

underprivileged

10
Donald Taft, Criminology, 3rd edition (New York: Macmillan, 1956), Chapter 18.
 15

conspicuous

While one may concur with what Professor Taft states insofar as the
total crime picture is concerned-although as with all hypotheses of crime there
is some truth-his thesis does not explain why the majority of the American
people do not succumb to the materialistic and almost arrogant culture that he
describes.
concur

arrogant culture

Regardless of how low the moral tone of business, professional and

political life may be, we realize that millions of citizens rise above these culture
deviations and not only refrain from crime and immorality, but resist venality
wherever present. Taft's thesis, like Sutherland's, unquestionably explains much
of our crime but it cannot be accepted in hundreds, even thousands, of
instances.
deviations

venality

Another thesis has been suggested by Professor Walter Reckless

although much of his word in the field refrains from espousing any specific
theory. He contends that crime is "not a generic behavioral phenomenon "but
can be explained only" as different orders of behavior". He suggests what he
calls "social vulnerabilities" of the individual and categorical risks for official
action".
espousing

contends

generic

vulnerabilities
 16

categorize

The former are the weaknesses of the individual when confronted with a
situation which may precipitate delinquent or criminal behavior. He lists these
as the situation, the social order, pressures and weakness in the milieu.
Categorist's risks are persons, who are most likely to engage in crime, become
arrested, or admitted to institutions.11 In essence, this approach fits into what
has sometimes been referred to as "actuarial sociology.12
confronted

precipitate

milieu

actuarial

Another attempted explanation that might be mentioned is what is

referred to as the "closure" theory suggested by Professor Edwin M. Lemert. In
a study of forgers M. Lemert found a certain type of offense which he called
"naïve forgery". Those committing such offenses find themselves in a crisis
situation and, usually without any crime experience; turn to forgery as a way
out of their dilemma. This selection of the alternative is called "closure". 13
forgers

naïve forgery

crisis

closure

Reckless, in apprising the closure theory states that it might well be

applicable in explaining certain offenses such as unorganized auto theft, non

11
Walter C. Reckless, "The Etiology of Delinquency and Criminal Behavior, "Social Science Research
Bulletin, No., 50 (1943) ,p.131-137.
12
Marshall B. Clinard, "Sociologists and American Criminology", J.Crim. Law, Vol.41. No.5(January-
February, 1951), p.549-589.
13
"An Isolation and Closing Theory of Naïve Check Forgery, "J.Crim.Law. Vol44, No.3 (September-
October, 1953), p.296-307.
 17

compulsive shoplifting, criminal abortion, arsenic poisoning, and even

gangsterism and racketeering. He adds:
Reckless

apprising

arsenic

poisoning

gangsterism

racketeering

The closure theory has several advantages. It brings together in a

centripetal series of concentric circles the pressures of the situation and the
pressures within the person, so that it explains how the individual takes a
certain route in his behavior among available alternatives. The closure theory
does not require a control group, that is, a comparison of delinquents with non
delinquents. The closure theory approach needs primarily the selection of the
cases that according to certain criteria fall within a certain order of delinquent
or criminal behavior. In other words, it merely requires the determination of a
reasonably feasible homogeneous offender group or behavior problem group. 14
concentric

feasible

homogeneous

Other sociologists have suggested hypotheses that attempt to explain

crime but on the whole, there is general agreement that it may be best
explained within the group experiences or environmental milieu of the
 18

individual. Some maintain that the "typical criminal (is) no more or less
disorganized emotionally than the typical noncrimial."15
disorganized

However, others maintain that the criminal is a deviant who has been
unable to adjust himself to conventional sanctions imposed by society due to
inadequate and unfortunate interactions with parents and primary group
contacts. It is in this latter area that we find some agreement between the
sociologists and the psychiatrists.
We referred earlier to the thesis suggested by Professor Albert K. Cohen.
In his analysis of the culture of the gang, he sees much delinquency flowing
from a subculture that persists primarily in many urban areas, generation after
generation.
Subculture

He maintains that most middle-class and working class children grow up

in "significantly different social worlds" and due to the difficulty experienced
by working-class boys in measuring up to the conventional materialistic
standards and socially acceptable behavior norms of conduct, they tend to
engage in "negativistic" delinquency. His is fruitful hypothesis in explaining
the gang spirit in metropolitan areas but, as he himself states, does not explain
random, individual delinquency of crime which is based largely on personal
conflict or disorganization. Nor did it explain compulsive crime.17
middle-class

working class

conventional

materialistic

14
The Crime Problem (New York: Appleton, 2 nd edition,1955), p.111-114.
15
Ruth Shonle Cavan , Criminology, 2nd edition (New York: Crowell, 1955), p.708
17
WC, Bailey, Coben, delinquent Boys,1956, p.25.
 19

hypothesis

random

compulsive

It may be too much to expect the sociologist to explain by means of any

unilateral theory. "All crime" is concept as broad as that of "all social
behavior", for all constructive organized activity will have its perversions in
some type of criminal activity, and it is clearly unreasonable to expect
sociology at its present stage of its development to have a "unified theory"
embracing every social event. Certainly all such attempts have failed whether
developed by sociologists or by those involved in other disciplines.
unilateral

constructive

unify

Embrace
 20

But the sociologist can be helpful in pointing up the difficulties of the

individual in his quest for status, in measuring up to family controls, adjusting
to primary group norms, and achieving recognition, affection, and prestige. The
sociologist has been especially helpful in describing the conditions of the
environment that tend to precipitate personal hostility, conflict or frustration.
The theories briefly outlined above are at best only segmental, and emphasize
clearly that the answer to criminal behavior is too complex to be settled by the
knowledge derived from any one behavioral discipline.
quest

affection

prestige

hostility

frustration

segmental
 CHAPTER IV

THE DEVELOPMENT OF THE TREATMENT METHODS IN

IMPRISONMENT

Introduction
The history of imprisonment in the societies reveals a trend toward
emphasize on treatment and away from punishment. The view which is now
formally expressed by most prison leaders is that the prison should make every
possible effort to treat prisoners within the framework of a system of security.
reveals

trend

It is observed that practically all prisoners return to free society sooner

or later and that the use of punitive methods alone does not produce the desired
reformation of these prisoners. Consequently it is emphasized that no punitive
methods should be used to change the prisoners so that they will desist from
crime. At the same time, the prison system is organized in such away that it
impedes and perhaps renders futile the efforts at treatment.
punitive

reformation

impedes

futile

As a result, treatment programs often are described in official statements

of prison policy although they do not exist in fact. Some of the impediments to
treatment are due merely to inefficient prison administration, but most of them
are rooted in the attitudes which we have described earlier as the punitive
reaction to crime. The prevailing conflict between punitive and treatment
policies imprisons is a reflection of the more general conflicting societal
reactions to crime.
 2

rooted

attitudes

prevail

imprison

reflection

societal

reactions

Contemporary society seems to have a variety of objectives in regard to

control of crime, and it considers imprisonment the means for attaining each of
them. First, as is implied by the relatively recent emphasis on reform,
rehabilitation, and treatment of criminals, society wants criminal changed, so
that they will commit no more crimes. The prison is expected to 'reform' or
rehabilitate criminals. Next, society wants protection from general society so
that they cannot commit crimes during certain periods of time. Also, society
wants retribution. The prison is expected to make the unpleasant for people
who, by their crimes, have made others lives unpleasant.
rehabilitation

Finally, society wants to reduce crime rates. The prison is expected to

reduce crime rates not only by reforming criminals but also by deterring the
general public from behavior which is punishable by imprisonment. Since the
prison has been assigned the task of working towards each of society's goals,
the attainment of the goals may be considered the objective of imprisonment.
deterring

assigned

A large part of punishment in transition focuses on imprisonment as a

form of punishment in the modern era of European history. Getting off do a
slow start in the sixteenth century, it became the major form of punishment of
the nineteenth century.
 3

transition

Getting off

Beginning in the nineteenth century and following into the twentieth

century, certain individualizing measures were introduced into penal servitude
and prison sentences, and certain substitutes for imprisonment were developed.
Servitude

Substitutes

Before we are going to the development of the treatment methods in

imprisonment, we should know generally about the punishment. Therefore, this
paper presents the three parts. One is the origin and evolution of punishment.
Another is the forms of imprisonment and the next is the development of
treatment methods in imprisonments.

4.1 Origin and Evolution of Punishment

Punishment is a means of social control. A group seeks redress for a
wrong, an injury, or for a violation of law and custom. Society, the common-
wealth, or the group-meaning in this instance person in authority conceives of
punishment as a device to hold persons in line, to maintain a status quo, to
induce conformity.
redress

conceives

status quo

induce

Two general problems have arisen in regard to punishment. The first is

causal, the second utilitarian. The first is concerned with the natural history and
psychology of punishment, the second with the values and particular methods
of punishment. The natural history of punishment is a prerequisite for the
 4

efficient direction of future policies. Thus for this natural history of has not
been written except in scattered and unorganized.
Utilitarian

prerequisite

scattered

unorganized

Two essential ideas are contained in concept of punishment of public

justice.
(a) It is inflicted by the group in its corporate capacity upon one who
is regarded as member of the same group. War is not punishment,
according to this, for it means suffering inflicted upon foreigners.
The loss of reputation which follows crime is not punishment,
except in so far as it is administered by the group in its corporate
capacity.
(b) Punishment means pain or suffering produced by design and
justified by some value that the suffering is assumed to have. If
the pain is merely incidental, to be avoided if possible, it is not
punishment.
inflicted

reputation

incidental

A surgical operation performed for the purpose of correcting a physical

defect that has been instrumental in producing crime should not be considered
punishment, for the pain is not regarded as desirable. The confinement of an in
same person may involve suffering for him but it is not punishment. Many of
 5

the modern methods of dealing with criminals, especially in the juvenile courts,
are punitive. 1
surgical

defect

confinement

juvenile courts

The most of common forms of punishment in times past have been

death, physical torture, mutilation, branding, public humiliation, fines, and
forfeits of property, banishment, transportation and imprisonment. Although
this list is by no means exhaustive, practically every form of punishment has
had several variations and applications. For example, the death penalty has
included hanging, execution, electrocution, crucifixion, burning at the state,
and so on. Imprisonment has included incarceration in dungeons, guardhouses,
galleys, jails, workhouses, houses of correction, and penitentiaries. Physical
torture and mutilation have assumed numerous and obviously barbarous forms-
flogging, burning, dismemberment, disfiguration, and so on. Public humiliation
and shame have been accomplished by such devices as stocks, pillory, banks,
ducking stools, and branding2.
torture

mutilation

branding

humiliation

fines

forfeits of property

banishment

transportation

1
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p.328.
2
Walter C. Reckles , "The Crime Problem" 4th edition, (1967) , p.497.
 6

hanging

execution

electrocution

crucifixion

burning

incarceration

dungeons

guardhouses

galleys

houses of correction

penitentiaries

barbarous

flog

dismemberment

disfiguration

humiliation

accomplish

pillory

ducking
Some of the above-mentioned forms of punishment are more
characteristic of advanced than of unadvanced societies, of advanced than of
unadvanced societies. Imprisonment, for example, rarely occurs in primitive
groups. The idea of imprisonment for punishment of offenders may have been
 7

developed from the practice of providing detention for prisoners of war,

although there can be no certainly about such a contention.
detention

prisoners of war
In advanced societies that enveloped tribunals of justice, some kinds of
detention places or jails were needed to confine offenders until they were called
for trial. However, long term imprisonment in a convict prison as a penal
sentence did not become prevalent in Western civilization, that is, in Europe
and America, until the nineteenth century3.
enveloped

tribunals

convict prison

penal

sentence
The principal trends in the study of punishment are to be found in the
development of exemptions, pardon, and commutation; the decline in the
severity of punishments, including corporal and capital punishment; the growth
of imprisonment and its modifications and substitutes, such as remission of
time for good behavior, indeterminate sentences, suspended sentences,
probation, conditional release, parole, short sentences, and fines4.
pardon

commutation

severity

corporal punishment

remission

indeterminate

3
Walter C. Reckles , "The Crime Problem" 4th edition, (1967), p.497.
4 Ibid, p.520.
 8

suspended sentences

probation

release

parole

4.2 Forms of Imprisonment

Imprisonment on an extensive scale was practically impossible in the
earlier period. No institutions sufficiently secure for the imprisonment of large
numbers of people had been contracted, and the difficulty of building such
institutions made their development impractical. With the constant wars, the
changes in control, the lack of police and other guardians, such institutions,
even if constructed, would have been relatively unless; it was necessary for
social life become more settled before imprisonment could become a general
policy5.
There are many forms of imprisonment in the societies. Among them we
are already known in general, as follows:-

4.2.1 In Ancient and Medieval Societies

In the primitive and savage societies imprisonment had a very restricted
use as a penalty. Among the ancient civilized people it was used only for small
groups. Vinorgradoff stated that the penalty of imprisonment was not used at
all as a penalty in the Roman Republic, but was used for minor offences in the
Empire. Von Bar states that the "penalty of imprisonment was almost unknown
in France in the later Middle Ages.
The last code of laws in France previous to the Revolution was made in
1670 and curtained no mentioned of imprisonment as a penalty. It was

5
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p.348
 9

sometimes used in France and other countries, however, either as a means of

enforcing the payment of find or as a communication of death sentences when
mitigating circumstances were found. In the first part of the sixteenth century
in Frankfort it was ordered that for certain offences "the criminal shall be
imprisoned and forgotten for a time". In the Copenhagen Code 1294, which
was in use until about 1500, imprisonment for life was provided for
marslaughter6.
curtained

mitigating

marslaughter
In England imprisonment was used in a few cases in the Anglo-Saxon
period, as in the law of A.E. The slgton, which provided that a person convicted
of murder should be imprisonment for 120 days before he could be redeemed
by this kinsmen, and 40 days for theft. Henry II provided a penalty of
imprisonment for one year for perjury in a grand assize, and Henry III provided
the same penalty for branches of the forest law. In 1241 some Jews convicted
of circumcising a Christian child were ordered either to pay twenty thousand
marks "on else be kept perpetual prisoners". But it was the reign of Edward I in
the last half of the thirtieth century that imprisonment came into extensive use
in England, though it was used primarily as a "squeezer" or means of securing
fines.
redeemed

kinsmen

perjury

assize

squeezer
The condition of prisons in ancient times was well represented by the
combination of the symbols for house and darkness. In general the sanitary

6
Sutherland and Cressey, Principles of Criminology, 6th edition (1968), p.348.
 10

conditions were awful, chains were frequency loaded on the prisoners; no work
was provided, the prisoners were generally permitted to congregate as they
wished within the institution.
congregate
Thus, in general, until about the last part of the thirtieth century in
England and probably a little later in some of the continental countries
imprisonment as a penalty was used only for very restricted groups of
offenders. It is, therefore, a comparatively modern method of dealing with
offenders, though its roots run back to the earliest societies. 7

4.2.2. Imprisonment by the Church

The early church authorities developed imprisonment partly because
they were not permitted by law to use the death penalty, partly because they
had an appreciation of the value of withdrawal form association with others.
Though imprisonment was used by the church as early as the fifth century, it
was used most extensively during the inquisition, when it was the most severe
penalty that could be inflicted for any offence on those who professed
conversion.
inquisition
In 1229 Gregory IX ordered that all who were converted after arrest
because of fear of death should be imprisoned for life, this rule was stated by
several councils also. As a matter of fact there was much association between
prisoners in many institutions, some gambling and feasting and some "grafting"
by Jailers who kept the money of prisoners or food that had been sent to the
prison for them, and ordered supplies for prisoners who had long been dead. 8
converted

gambling

feasting

grafting

Jailers

7
Ibid, P.339.
8
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), P.340.
 11

4.2.3 Imprisonment the Galleys

The galleys were used considerably as places of confinement of
criminals from abut 1500 to the early part of the eighteenth century. This was
revival of the ancient method of forced labor. Galley slavery continued until
the large sailing vessels were development to such an extent as to make the
galleys unsuitable competition.
revival

forced labor
In 1602 Queen Elizabeth appointed a commission to make arrangements
for commuting other penalties to galley labor, so that offenders may be "In
such sort corrected and punished that even in their punishment they may yield
some profitable service to the common wealth".
commuting

yield
In the seventeenth century in France the courts were ordered to refrain
from other methods of punishment as much as possible in order to provide
crews for galley. Those who could not work in the galleys, such as women,
aged and infirm, were frequently imprisoned during this period, and when the
galleys were abandoned, the former slaves were held in bulks on the shores or
in arsenals.9
infirm

imprisoned

abandoned

arsenals

4.2.4 Imprisonment of the House of Correction

The house of correction was a part of penal system, designed to protect
the poor relief funds against encroachments by those able but unwilling to
work. Thus, the house of correction was designed to compel Sturdy beggars
to work. But as matter of fact, the two institutions are hardy distinguishable

9
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), P.341
 12

during the larger part of their history in England and America, and no attempt
is made in the present discussion to differentiate them.
encroachments

Sturdy beggars
The house of correction appeared in England about the middle of the
sixteenth century, when, on the petition of Bishop Ridley of Landon for help in
dealing with the "study vagabonds" of the city, the king gave his palace at Bred
well to be one of the "hospitals of the city", for the "lewd and idle" and a place
for the employment of the unemployed and the training of children. The house
of correction developed in much the same way on the continent. It began a little
later, but was used more extensively than in England.
vagabonds
A house of correction was established in Waldheim in 1716 with the
lower floor for criminals and the upper floor for paupers and orphans, and with
complete separation of the sexes on both floors. On entrance the criminals
received a "welcome" of ten lashed; work was compulsory and silence was the
rule. The staff of institution included a chaplain a teacher and a physician who
was distinctly note worthy at that time.
paupers

orphans
lashed
During the first century of its history this institution received 13954
people, of whom 7921 were criminals, 4642 paupers, and 1391 orphans.
Practically half of the criminals were convicted of theft, a fourth of begging
and vagrancy, and an eight of sexual offence; 270 of them were convicted of
homicide, which was generally infanticide. Perhaps the most famous house of
correction on the continent was established in Ghent in 1775 under the
direction of Viscount Vilian XIV. Wines state that this institution used
practically all the essential principles of modern penology10.
vagrancy

homicide

10
Sutherland and Cressey, Principles of Criminology, 6th edition (1968), p 342-343
 13

infanticide

penology

4.2.5 Imprisonment Early Prison Reforms

The early prison reform movement culminated in last part of the
eighteenth and the first part of the nineteenth centuries. It should be understood
that this was a reform movement in the prison as a place of detention of
persons awaiting trail. The movement may be seen best in England.
culminated
detention

Imprisonment in early society was seldom used for the punishment of

criminals, that it was adopted by the secular authorities in the operation of the
galleys because of the value of the labor of criminals, and at about the same
time was used extensively in commitment of vagrants and others to houses of
correction as a means of making them work; then it was gradually extended in
the common jails and special prisons for larger and larger proportion of the
criminals until in the early part of the ninetieth century it came to be the
principal method of punishing criminals11.
seldom

secular

4.3 Development of the Treatment Methods in Imprisonment

During the history of man- kind, four principal methods of punishment
have appeared: financial loss, physical torture, social degradation, and removal
from the group; removal from the group has been secured by death, exile,
imprisonment, and by more subtle means, such as branding, mutilating, and
other methods were, the death penalty, physical torture, social degradation, and
blandishment and transpiration. These were invited early in the history of man-
kind.
degradation

exile
 14

subtle

mutilating

blandishment

transpiration
Almost all changes occurring in prisons prior to the present generation
were directed, explicitly or implicitly by the doctrine that restriction of a
criminal's liberty is by itself, punishment and that this punishment is adequate
for meeting the societal needs for retribution, deterrence, and reformation. In
the early days of their existence, democratic societies were not sure of
themselves-they deprived criminals of their freedom and also inflicted physical
suffering on them. Most prison officials now maintain that men are committed
to prisons as punishment rather than for treatment.
retribution

deterrence
deprived
Yet "more imprisonment" continues to be ordered because it is painful
to offenders. It is no coincidence that imprisonment as a system for dealing
with criminals arose with the democratic revolutions of the Eighteenth century.
Neither is it a coincidence that imprisonment has remained as the principal
method for dealing with serious offenders in democratic societies.
coincidence
As democracy developed, do did an appreciation of liberty and
restriction of freedom by imprisonment come to be regarded as proper system
for imposing pain on criminals. It was in this period that our current system of
criminal laws, each law calling for a measured amount of loss of freedom and,
thus, a measured amount of pain, was initiated.12
Within the prison, the attempt to perform the duties necessary for the
accomplishment or the various tasks assigned reformation, incapacitation,
retribution, and deterrence, results in conflict. Especially, the conditions
necessary for the performance of the first task, reformation, may be in conflict
with the condition necessary for exacting retribution and for maximum in

11
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p.345.
12
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), P458.
 15

capacitating and deterrence. When reformation is assumed to be induced by

treatment, rather than by purposive infliction of pain, the conditions which led
to the psychological, social, educational, and technical skills are considered
important to their reformation.
Efficient performance of this task depends on prison conditions which
are conductive to free inquiry and to intimate, helpful, constrictive action based
on the inmates needs.
On the other hand, retribution and deterrence by purposive infliction of
suffering always, obviously, necessitates prison conditions which are punitive,
even if the suffering merely results from the severe limitations on personal
freedom imposed by incarceration. Moreover, restrictions on freedom-within
walls are deliberately imposed.
Deliberate
The administrative problems brought about by the fact that prisons are
expected both to treat criminals and punish criminals have been attacked in
many ways. In some prisons the problems have been resolved by open
abandonment of any serious attempt to treat in mates, on the ground that
persons who expect criminals to be reformed by treatment are foolish and
misguided. The opposite kind of resolution would be open abandonment of all
punitive aspects of incarceration. This solution is frequently advocated by
persons who consider punishment unnecessary and inhumane, but it is
unrealistic. Another system for resolving the conflict is compromise.
Incarceration

Inhumane

Unrealistic
Here, the punitive conditions are mitigated in favor of treatment
conditions and treatment conditions are modified in favor of the punitive
aspects of imprisonment. This really does not resolve the conflict; it merely
makes it less intense. Finally, the problems have been resolved by formally
maintaining that the prison both treats and punishes, while informally
abandoning almost all conditions conducive to effective treatment. 13
As the treatment reaction became popular differentiation was to be made
on the basis of individual needs and probable reform ability of inmates, and

13
Ibid,p.461-462.
 16

specific treatment programs were to be directed toward individuals who, as the

based for differentiation implied, could most benefit from them. The last fifty
years" classification" has come to refer to this whole system of differentiation
according to inmates' needs and individualized execution of treatment
programs consistent with the needs. The term is now used to designate the
entire process by which prisons attempt to attain the objective of reformation
through individualized treatment.
This process is said to consist of four separate but co-ordinate
procedures.
First, the prisoner's case history is taken and his personality studied.
This is sometimes performed by a staff of professionally trained warders such
as psychologists, social words, sociologists, and psychiatrists. Second, the
information regarding the prisoner is presented to a classification committee.
This committee decides upon a program of individualized treatment and
training based upon the diagnosis. The third step is application of the treatment
policies. The diagnosis analysis of the inmate and his background is utilized
not only as basis for a decision as to how he should be treated but also as a
basis for his actual treatment.
warders
Finally, the treatment program is kept current with the inmates changing
needs and with new analysis, based on any information not available at the time
of the initial classification committee meeting, of the inmates' case.14
inmates

4.4 The Effect of Imprisonment

The effect of imprisonment on individuals depends in part upon their
altitudes when they enter prison. The first offender feels lost at first in the
depersonalized atmosphere of prison. He is uncertain, uneasy, and fearful. His
first experiences do not reassure him. His personal property is taken away, he is
clothed in the standard, uniform prison garb, and he is known by a number
instead of his name. Officially he tends to lose his identity.
altitudes
personalized

14
Sutherland and Cressey, Principles of Criminology, 6th edition (1968),p. 461-462
 17

A few prisoners later reclaim their identity. A few prisoners later

reclaim their identity and individuality in the performance of special jobs that
they are given about the prison: but the majority is not singled out for special
jobs and if they emerge again as distinct personalities they must do so in the
informal groups of prisoners rather than in the relationship with grads and
prison officials.
Many prisoners feel that they have been unjustly treated. If they have
been abused by the police or if they know of others who have committed
crimes similar to their own but have been found not guilty, released on
probation, or given shorter sentences they are especially likely to feel bitter.
They believe that their imprisonment is not a just punishment but is the result
of their inability to employ a skillful lawyer or to arrange a fix.
The effect of prison depends also upon the degree to which the prisoners
are steeped in criminal attitudes. The first offenders, who are arrested son after
developing criminal activities, may reorient his life during the prison term. If
his sentence is short and if he receives assistance after release he may be
stopped short at the beginning of his criminal career. If he has so long been
associated with a delinquent or criminal group and prior to imprisonment has
affiliated himself with the under world, the probability of reorientation is slight.
He enters prison allied with the criminal world and opposed to the police,
courts, prisons, and reform. The prison regime, even when it is generally re-
educative in effect, makes little impression upon him.
steeped
reorient
career

A few prisoners, unable to adapt themselves to the prison regime,

become rebellious and incorrigible. A few prisoners who are unable to adjust
become 'psychotic', although they may have been previously normal. They may
be placed in a separate ward or transferred to a special institution for the in
same.
rebellious
incorrigible
psychotic
Most convicts adapt themselves to the prison regime and learn to accept
passively the warden's authority, the many rules and the codes and mores of the
 18

prisoners. In fact in this acceptance they may lose some of their tensions and
conflicts and find a form of security.15
warden

4.5 The Success and Failure of Imprisonment

As a means of incapacitation, imprisonment has a relatively high degree
of efficiency. Very few crimes against society are committed by prisoners
during the period of incarceration. Those cases have been reported of prisoners
coining and issuing counterfeit money and practicing confidence games, these
one so few that they are negligible. The crimes of prisoners are committed
principally against prison guards and other officers, against prison property,
and against other prisoners. Such crime with prison communities is very
frequent.
Incarceration
counterfeit
confidence games
The success of the prison in deterring the general public from crime is
probably much less than is success in incapacitation criminals. It certainly has
some deterrent effect, but it is difficult to compare the deterrent effects of
different prison policies or to isolate the effect of any prison policy from the
effect of the whole process of arrest and conviction. Perhaps the deterrent
effect of imprisonment increases slightly with the horrors of prison life,
through this is likely to be off-set by the difficulty of securing convictions if the
public feels that the horrors of imprisonment are greater than the horrors of the
crimes.
incapacitation
The success of imprisonment as a means of reformation is very slight,
although this, also, difficult to determine accurately, It actually is not known
whether recidivism is decreased by prisons in which individualized treatment
methods have developed. The statistics on this point are inadequate, but they
indicate that the methods thus far developed have not been attended by very
significant changes in recidivism.16 Nevertheless the idea that dangerous
criminals should be imprisoned has become deeply rooted in the last two

15
Ruth Shonle Cavan , Criminology, 2nd edition (New York: Crowell, 1955), p.595-598.
16
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968) p.481-482.
 19

centuries, and imprisonment will be with us for some time to come. What is
needed rehabilitation theory and practice which explicitly face the fact that in
our present society prisons must, by definition, be abnormally restrictive and
thus, punitive.
recidivism

4.6 Development in Some Countries

The use of imprisonment as a punishment for misdemeanors or felonies
is of recent origin. In England, from which we borrowed most of the
philosophy and practices regarding criminals, the jail or prison was the place
where accused persons were held until trial and where convicted persons were
held until punishment had been administered. Punishment did not consist in
imprisonment but in inflicting various forms of physical pain or death. Some of
the more common methods may be listed. Flogging on the bare back was
common, administered after tying a person to the end of a cart or to a whipping
post.
misdemeanors

felonies

Flogging

Whipping
Sometimes a criminal was ordered to leave a community and was
whipped all the way to the next. The ears might be cut off or the tongue slit and
in early times hands or legs were cut off. Boring the tongue with a red hot-
spike was a punishment reserved for those who offended in certain ways by
their conversation or gossip. A letter signifying the crime might be branded on
the person's cheek, forehead, or hand. The ducking stool in which the offender
was placed and then plunged into a pond was another form of punishment. The
stocks and various modifications were in common use. When vessels were
propelled by oars, criminals were condemned to be galley slaves.
slit

gossip

plunged

propelled
 20

oars
Death or capital punishment was common, even for minor offences, and
was inflicted on children as well as adults. In England as late as 1820, there
were 222 capital offences. We think of capital punishment now in terms of
swift and relatively painless methods. The earlier forms were extremely painful
and might consist of liberally tearing the offender limb from limb, of burning
the living offender to death, crushing him, throwing him into boiling oil, or
impaling him on a sharp stake. Sometimes a person was half killed, then
revived, and again submitted to torture.
inflicted
swift

crushing

impaling

revived
In the past many of punishments were carried out in public, and those
that left a physical mark branded the offender for life. The public often
ridiculed or scorned him, a humiliation that added to the punishment. After
colonies were established, England and other countries transported criminals to
their colonies, a practice that some countries still continue. The limited states
did not adopt this system, having no colonies in remote parts of the world. In
the sixteenth century England and various countries on the continent
established workhouse to which vagrants, braggers, prostitutes, and other minor
offenders were sent. Debtors, unable to pay their debts, were also imprisoned.

ridiculed

scorned

humiliation

vagrants

braggart

prostitutes
The term "workhouse" was applied literally the offenders sent there
were required to work at such occupations as spinning, wearing, making fish
 21

nets, or manufacturing rope and lace. In the eighteenth century strong reform
movements were started, led by John Howard in England and Cesare Beccaria
in Italy, to discard severs physical tortures and the use of capital punishment.
Gradually imprisonment was substituted.17
Spinning

lace
discard

severs
Societies tend to accumulate and develop their own particular complex
or system of punitive practices. It is not enough to be aware that a society uses
imprisonment: it is vital to understand that it sentences offenders on such-and-
such terms to such-and-such penal institutions for such-and-such offenses. The
incarceration and offender in a dungeon to a far different thing from sending
him to a juvenile reformatory, both are forms of imprisonment or, according to
Sutherland's classification, from of removal from the group but these two
specific usages are so markedly different in pattern that neither the Punishment
system of the first society nor punishment system of the second can be
understood by insisting that both societies imposed incarceration. For the
purpose of studying specific punitive patterns, on the other hand, the system of
punishment in any society is significant-whether from present-day America,
colonial New York, or seventeenth century, France.18
accumulate

dungeon

juvenile reformatory

imposed

17
Ruth Shonle Cavan , Criminology, 2nd edition (New York: Crowell, 1955),. 489-491.
18
Walter C. Reckles, "The Crime Problem" 4th edition, (1967),p.499.
68
69
70
 71

1
Sutherland and Cressey, Principles of Criminology, 6th edition (1968), p.566-570
72
 73

2
Ruth Shonle Cavan , Criminology, 2nd edition (New York: Crowell, 1955),p.627.
74
 75

3
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p.575-587.
4
Sutherland and Cressey, Principles of Criminology, 6th edition (1968),p. 421
76
77
78
 79

5
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p 424-429.
80
81
82
83
79
 80

1
Barnes and Teeters, ''New Horizons in Criminology" (1966), 3th edition , p.69.
 81

2
C,L Barnhart and Jess Skin," The American College Dictionary'', (1968), p. 665
3
J. B. Sykes, 'The Concise Oxford Dictionary" (1983) 7th edition, p.545.
82
 83

4
U.N. Bulletin of Human Rights. 81/2/ The Rights of the Child, 1992, p.2.
5
Rose Giallombardo, ''Juvenile Delinquency,'' 4th edition, (1982). p.4.
 84

6
Rose Giallombardo, ''Juvenile Delinquency,'' 4th edition, (1982). p.4
7
The Myanmar law Institute Journal, Vol II, No. 2 ,(1959) June, p. 187.
 85

8
J. P Kenney and D. G. Pursuit, ''Police Work with Juveniles,'' 3 rd edition (1969), p.15,16.
9
J. P Kenney and D. G. Pursuit, ''Police Work with Juveniles,'' 3 rd edition (1969), p.15,16.
10
M.L. Chardak, ''Law Terms and Phrases'' (1973), Allahabad, p.;464.
11
A. S. Hornby. '' The Advanced Learners Dictionary of Current English.'' p.306.
 86

12
E.H Sutherland and Cressey, Principles of Criminology, 6 th edition (1939), p.302.
13
The Myanmar Code, Volume VIII, (1959). p.36
 87

14
The American Heritage Dictionary of the English Language, by William Morris.( 1969). P 712.
15
The Myanmar Law Institiute Journal, Volume 1, No. 1(1925) June P.187.
88
89
 90

16
Clemens Bartolla, Juvenile Delinquency, 9th edition, (1985), p.240
 91

17
Barnes and Teeters, ''New Horizons in Criminology" (1966), 3 th edition , p.180
18
Rose Giallombardo, ''Juvenile Delinquency,'' 4th edition, (1982), p. 233
 92

19
Arnold Binder, Gilbert Gies, Dickson Bruce, ''Juvenile Delinquency", (1988) , p.89
 93

20
Arnold Binder, Gilbert Gies, Dickson Bruce, ''Juvenile Delinquency", (1988), p .93.
94
 95

21
Rose Giallombardo, ''Juvenile Delinquency,'' 4th edition, (1982),p.241-242.
 96

22
Clemens Bartolla, Juvenile Delinquency, 9th edition,(1985),p.269-274.
23
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p.203
 97

24
Clemens Bartolla, Juvenile Delinquency, 9th edition,(1985),p.301.
25
Clemens Bartolla, Juvenile Delinquency, 9th edition,(1985),p.304-305.
98
 99

26
Barnes and Teeters, ''New Horizons in Criminology" (1966), 3 th edition , p.179-180.
100
101
95
 96

1
John P. Kenney, ''Police Work with Juvenile'', 3rd edition (1969), p.26
 97

2
John P. Kenney, ''Police Work with Juvenile'', 3rd edition (1969), p.26
 98

3
J. P Kenney and D. G. Pursuit, ''Police Work with Juveniles,'' 3 rd edition (1969),p. 27.
 99

4
Clemens Bartollas. ''Juvenile Delinquency'' 2nd edition, (1990),p. 527
 100

5
Barnes and Teeters, ''New Horizons in Criminology" (1966),p. 603.
 101

-
 102

6
Clemens Bartollas. ''Juvenile Delinquency'' 2nd edition, (1990),p. 527.
103
 104

7
Barnes and Teeters, ''New Horizons in Criminology" (1966), p. 621-622
8
Clemens Bartollas. ''Juvenile Delinquency'' 2nd edition, (1990),p. 508.
105
 106

9
Barnes and Teeters, ''New Horizons in Criminology" (1966), p. 621-622.
10
Ibid, p. 618.
107
 108

11
Barnes and Teeters, ''New Horizons in Criminology" (1966),p.620.
109
110
 107

1
E.H Sutherland and Cressey, Principles of Criminology, 6 th edition (1969), p. 397.
 108

2
E.H Sutherland and Cressey, Principles of Criminology, 6th edition (1969), p. 397
 109

3
Rose Giallombardo, ''Juvenile Delinquency,'' 4th edition, (1982),p. 363.
4
Ibid.
110
 111

5
Rose Giallombardo, ''Juvenile Delinquency,'' 4th edition, (1982),p..364-365.
112
113
114
 115

6
Katharine Lenroot, the juvenile court today, 1944, p.10.
 116

7
Rose Giallombardo, ''Juvenile Delinquency,'' 4th edition, (1982),p.369-370.
 117

8
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p.339.
118
 119

9
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p.339.
120
121
 122

10
E.H.Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p. 590-598.
123
124
125
 126

11
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968). P.600-604.
 127

12
Sutherland and Cressey, Principles of Criminology, 6 th edition (1968), p. 605-606.
128
129
130
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151