Critically Discuss the Impact of Classical and Positivist Theory on the Concepts and Practices of Policing

In this essay, Hellenic and plus theories of criminology will be explored and critically discussed to explore the impacts that they wipe out had on bracing-fangled sidereal day policing, introduction of righteousnesss, and law practice. The essay will first look at the history of the Classical Theory looking at Beccaria and Benthams classical school of criminology and its outlets in a brief section. affirmative(p) theorizers will then be determine and the opening will be discussed, outlining the chief(prenominal) thesis and beliefs of both of the theories.How apiece theory defines a wrong will then be interpreted into consideration and the relations of theories standardized the humble windows theory (Wilson and Kelling 82), labelling theory (Becker 1982), var. theory (Merton 1957) and demythologized select theory (Homos 1961) will be apply without the essay to explore the fall in that the classical and confident(p) theories progress to had on police conce pts want customary order policing and residential area policing, speck on roughshod nicety systems and in advance(p) day police practice.Classical criminological though mickle be traced to the malefactor referee system and the punish subject system. Beccarias 1764 Publication on detestation and penalisations introduced a serious consideration into the vilify ca utilise to society by abomination, and ideological outline of the basis for penalisations and the relationship amidst the state and the offender (Beccaria 2003). Beccaria Stated in his approach to the prevention of offence that it is often distilled d testify to three ideas, and that it is fundamentally a product of matter of course how likely punishment is to occur.Celerity How quickly punishment is inflicted. and Severity how much put out is inflicted (Newburn 2007). An early(a) later criminologist Jeremy Bentham, then published writings on the penology and notions of reasonable innocent(p)-willed chara cter of offenders (Maguire et al 2002) and anteriored the interpret of crime in that the primeval concerns of exculpate will and rational alternative came together to attempt a more logical analysis of crime and suitable punishment.In the twilight historic period of the 19th century the emergence of the Italian school of criminology sparked a conflict in thinking on the study of crime the schools founding ingredient Cesargon Lombroso introduced a holy bible of sorts into the criminological world in that he contributed to the introduction of scientific methodology in regard to the study of crime. Lombroso close notably introduced a biological positivity into the study of crime.An Atavistic heredity (Lombroso 1911) in relation to the cause of offending where somatogenetic features were viewed as express of an innately wretched nature in a kind of criminal anthropology. His hunt down for was then continued and elaborated by two other Italian scholars Ferri (1856-1929) a nd Garofalo (1852-1934) (Newburn 2007).Ferri and Garofalo elaborated on the environmental factors that bay window also effect criminal behaviour in relation to positivist criminology. Positivism carries the main assumptions that the methods of the natural sciences should and could be applied to the genial world.Suggesting natural sciences should be employ as the method base to analyse and conduct re explore in relation to policing and policing concepts. Positivists regard that re look for should consist of social knowledge and scientific knowledge by observation and scientific data. Facts essential be illogical from values and usually, there is a preference for a use of denary data over qualitative (adapted from Bottoms 2000, cited in Newburn 2007). In 1913 Positivist theorist Charles Goring published a book called The English Convict.This book logged the study he undertook which took place over 13 years, the study involved examining 3,000 British convicts against a control led group of non-convict males to study and find out if the criminal could be categorised to a certain type of somebody, no signifi keistert corporal differences were found between the two groups. (Goring 1913) Critical of this study and convinced that the criminal is organically inferior (Quoted in Brown et al 2004) Earnest Hooton conducted his own research into the criminal as a certain type of mortal and introduced Somatyping into positivist criminology.Somatyping involves the belief that evolution was dominated by superior types, logical argument that a criminal had a certain type and evolution could last eradicate the criminal. Hooton was criticised for having poor data and an unrepresentative control group. However Hootons tap then sparked this idea in the Positivist Criminology theorists as William Sheldon then looked into Somatypes go on in 1949 (Newburn 2007) and concluded that there were three types of body a mortal has Endomorph, Mesomorph and Ectomorph.These body types were basically short and fat, Large and muscular and Lean and fragile. Sheldon argued that for each one of these body types was related to particular personality traits and that all individuals possessed change traits until now certain traits were more predominant than others. In ultramodern day policing and criminology we use a theory called the labelling theory. This theory was first put forward by Howard Becker in 1963, Becker claimed that criminal elements are associated with physical appearance and the criminal live ons a label attached to a certain type of person.In 2011 it was normal belief that a criminal wore a certain type of wear which was a hooded jacket or Hoodie. Articles were even published in the newspapers like the Guardian (Guardian 2011) under title The power of the Hoodie. Amplified by the media this piece of garb became an instant link to criminal behaviour and deviance. Positivist theory gutter be colligate in here with the labelling theory to show the breeding in the idea of a Criminal type and show how in modern day policing we are using these theories to determine and define the word criminal.Following the work of Emile Durkheim, Robert K Mertons Strain theory (1957) hobo also be linked into this concept as the positivist belief is that criminal behaviour can be gaind by social physical and biological elements, the song theory thesis is that pressure from social surroundings can encourage an individual to ease up crime. If an individual is singled out by Somatype or through labelling theory, they may feel social strain or believe that they should become deviant which could actually pressure said individual into committing criminal acts.An suit of where this kind of concept was familiar was when the London riots happened in 2011. Classical criminology however argues against the concept of a criminal creation defined by a certain type. Bentham stated that every person has uninvolved will and is able to make a rat ional survival ground on the particular they are in at the time and what they feel would be the confiscate action to take. Classicism disagrees with the positivist view of a criminal and world a certain type of person and believes that the criminal derives from inside any person.Everybody has free will, and the ability to make an informed decision on their actions in any situation they may be in, therefore accept that the criminal is an element every person has the possibility to exploit preferably of positivist theory of the criminal element being biologically twist into a persons DNA. Classicism had a major effect on the criminal justice system and penology, punishments were believed to be scoop up given on narrative of the appropriateness of the crime in question. This idea became the basis for our criminal justice systems like a shot.With the introduction of the classical school of criminology the use of capital punishment and strain was on the decline and in their place the introduction of prison systems as core elements of the justice systems and punishment systems we have today.The abolishment of capital punishment has had an indescribably huge effect on our modern penal systems, the effects are vast however include the introduction of fundamental law like the Human Rights Act (HRA 1998). Acts like this are incredibly distinguished in criminal trials and allow every person to have rights to things like the right to a fair trial and the right to prohibition of torture.Classical criminology influenced these modern day laws as its theorists believed in the concept that the punishment for crime should be based on the scale of what has been done and should be appropriate to the crime itself. Classical Criminology has influenced the constructions of our prison systems as becoming the core element of the steering we punish criminals instead of using inhumane methods through capital punishment by considering the scale of the crime and deciding on an appropriate metre for the criminal.Here another theory can be looked at which has been shaped by the classicism theories and beliefs. This theory is the Rational Choice theory (Homas 1961). the theory is based around the assumptions that criminal activity is committed by an individual afterwards weighed up the take a chance and reward of an action, if the person believes that the reward is greater than the risk they may be more likely to commit a crime than if the risk was greater than the reward. This theory is supportive of Benthams notes of free will and rational choice.Free will and rational choice can be used to divine service explain the musical mode we police through public order. In a public order policing situation, like a protest or a riot every person who attends and participates does so out of their own free will, a protester may not riot because they may believe that the risk of being arrested is greater than the reward of violently voicing their opinions.Howev er positivism argues that a criminal is a definitive type of person and can be influenced by social physical or biological surroundings. These assumptions can be seen in the cases of rioting and community crime.The London riots happened in 2011 and they escalated passim the country with riots happening in places like Birmingham, Liverpool and Manchester as well as other locations. The reasons that these sparked off is because of the social influence that was pressuring younger pot to core in, here the broken windows theory (Wilson and Kelling 82), labelling theory (Becker 1982), strain theory (Merton 1957) and rational choice theory (Homos 1961) can all be related through classicism and positivist views to our modern day policing methods.Broken windows theory states that a run down or derelict area can encourage crime, this relates to the positivist assumption of criminal behaviour being encouraged by the physical surroundings and the evidence of this happening in the London Riot s is when all the shops had been broken into and fires had been started. The streets were wrecked and this would have encouraged acts of violence.Mertons strain theory and Beckers labelling theory are also applicable here as the social strain of or so young youths committing the crime would encourage more young people to commit crime, because the individuals could see crimes being committed around them without any action being taken, this would have further encouraged deviance as rational choice theory says the risk is lower than reward. These positivist based theories meant police in the London riots and most public order situations would target younger individuals to try and find criminal activity and arrests.The Classicism side of influence on Public Order would then come after the arrest in trial where they would be questioned why they had committed these crimes out of their own free will and then put through the justice system, being sentenced on the classical assumption that the punishment should be appropriate to the crime committed. Positivist assumptions can also be linked into the concept of community policing. Positivists believe that crime and criminal behaviour can be influenced through social and physical surroundings.Wilson and Kelling (1982) also believe this is the case as their broken windows theory looks at how the area a person lives in can cloak their attitude towards crime and committing crime. Through the Classicism belief of community deterrence police practices have been introduced to arm the police with powers that they can use to their receipts against the war on crime. The jurisprudence and Criminal Evidence act (1984) and The law of nature Reform Act (2002) has seen the introduction of new police powers and a new national policing plan.These police practices include powers like stop and search. Stop and search gives the ability for any police constable to stop any citizen and search them if they believe they have reasonable g rounds to do so. Classicism and Positivist theories have also had an effect on the way that we police our communities. PCSOs (police community support officers) were introduced in 2002 under the police reform act (2002) and assist to reform community relations with the police.This police practice supports the positivist beliefs that criminals can be influenced through social and physical surroundings as better relationships are built with the community and things like team projects are created to improve derelict areas and social situations people may find themselves in by offering things like youth clubs and activities. This deters crime by drawing people away from delinquency and encouraging them to take part in constructive, positive activity.Theorist David Matza outlined that the positivist theory drew on three sets of elusive assumptionsthe first being Differentiationthe assumption that offenders can be marooned from non-offenders by definitive characteristics, the second being Determinism the assumption that biological, physiological or social factors affect the criminal and criminal behaviour and the third being Pathologythe assumption that an offender is an offender due to something going wrong in their lifetime (Tierney 1996).The problems of these views are that the fail to take into account the aspect of rationality, choice and human decision making. They define a criminal as a certain person, and if a person falls into the category of what has been defined by the positivist theory as a criminal it means that they must carry the traits of a criminal which is simply not true as proven by Charles Gorings work (1913). Classicism theory argues rational choice and free will, however what if a person has the impaired ability to make decisions and acts without being rational.Power and wealth is also a problem with the theory, if the classicism theory applied to all in the same sense then why is it that people who have less power and wealth tend to be t he more predominant resident of the criminal justice system and not the wealthy. there are other factors that both these theories have not taken into consideration throughout their thesis, they are also very much at opposite ends of the scale.The positivist theory says that criminals are a type of person and the classicism theory says that a criminal offence can be committed by anybody as well all have free will and rational choice. Without the Classical school of Criminology and The positivist theorists vital operation and acts would not have been put into place that are fundamental today for the way our society and criminal justice system operates. Classicism changed the way we sentence criminals and the construct of our prison systems which are of prestigious importance to the modern justice system.Positivist theory has influenced the way we police in terms of public order and community policing through the introduction of the Human Rights Act (1998), the Police and Criminal Evi dence Act (1984) and the Police Reform Act (2002). These acts have allowed the modern day police to be able to take the best assumptions from the classicism theorists and the best assumptions from the positivists and use them to create a criminal justice system that incorporates the best of each theory into the police practices and concepts that are used from day to day in modern day policing.