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4622 results in Criminal Law

Page 87 of 232

  • Chapter 6 - Development of Criminology in German-Speaking Europe and the United Kingdom

  • Cyrille Fijnaut
  • Book:
    Criminology and the Criminal Justice System
    Published by:
    Intersentia
    Published online:
    11 October 2018
    Print publication:
    13 September 2017, pp 193-258

  • Summary

    INTRODUCTION

    How Italian and French criminology were received elsewhere in Europe diff ered greatly from one country to another. In Germany, the Italian School, and particularly Lombroso, gained a considerable following thanks to the “missionary work” of a number of its protagonists. In the United Kingdom, opinions on the significance of Lombrosian criminology were more divided. This is apparent from the fact that at the beginning of the twentieth century a detailed study was initiated by Charles Goring of the validity of the views proclaimed by Lombroso in the context of that school regarding the born criminal. In Germany, there was no question of any such study. In both countries, hardly any attention was paid to the ideas promulgated in the context of the French School, with Lacassagne and also Tarde and Durkheim being ignored. In neither country did they play any recognisable role in public or academic debate on crime and the criminal justice system.

    It is important to note that the development of criminology in Germany in around 1900 cannot be viewed in isolation from its development in the other main German-speaking countries, namely Austria and Switzerland. The developments in these countries are in fact very closely linked and will therefore be discussed in relation to one another. That said, it can also be noted that the development of criminology in these three countries – like its rise in Italy and France – was closely linked to major figures who carried out pioneering work. Those figures were, in particular: Franz von Liszt, a professor of criminal law, who, on his appointment at the University of Marburg in 1882, made an impassioned plea for the integration of criminology into the study of criminal law; Hans Kurella, who around the turn of the century was a tireless advocate of Lombroso and his criminal anthropology; Gustav Aschaff enburg, a psychiatrist who published a book in 1903 – Das Verbrechen und seine Bek a mpfung [Crime and its Repression] – that gave him the same leading role in German-speaking Europe as Lombroso had in Italy and Lacassagne in France; and finally Hans Gross, a magistrate and later professor in Graz, who in the 1890s positioned himself with several large-scale studies as the founder of both modern criminal psychology and modern criminalistics.

  • Chapter 9 - Reception of European Criminology in the United States

  • Cyrille Fijnaut
  • Book:
    Criminology and the Criminal Justice System
    Published by:
    Intersentia
    Published online:
    11 October 2018
    Print publication:
    13 September 2017, pp 355-462

  • Summary

    INTRODUCTION

    The history of criminology in the United States has so far received little attention from either criminologists or historians. No more or less cohesive, lengthy, or detailed and thorough history has yet been written. There are, of course, all sorts of separate publications in which certain developments or certain episodes are discussed to a greater or lesser degree. There are also editions of sources that are useful for getting an idea of this history. This serious lack of historicalcriminological research is in fact recognised in the United States itself.

    This means that it is doubly difficult to deal with the history of criminology in the United States until the 1960s in the framework of an introduction in which one is attempting not only to do justice to the transatlantic dimension in the history of the criminology, but also to explore the interaction between criminology, the criminal law, and the criminal justice system in that country. It is nevertheless very important to attempt to obviate that lack and one-sidedness of the standard European and American introductions to criminology.

    In the previous chapters of the present work, attention was repeatedly drawn to the interaction between developments in Europe and the United States as regards the criminal justice system. Until late in the nineteenth century, that interaction mainly involved the design of the prison system. There was, for example, the discussion in Europe in response to the conflicting views in the United States as to whether the Pennsylvania or Auburn system was preferable. Similarly, one should not overlook the conference on penitentiary matters in London in 1872 – organised by Enoch Wines, the head of the New York Prison Association – which was the first in a long series of transatlantic conferences under the auspices of the International Penitentiary Commission.

    Moreover, we have already seen that in the first half of the twentieth century European researchers and policymakers cited not only European but also American literature in support of their views and proposals. Until into the 1930s, a few of them even crossed the Atlantic specifically to take an on-the-spot look at certain developments in the United States.

  • Chapter 4 - Emergence of the Scientific Study of Crime, Criminals, and the Combatting of Crime

  • Cyrille Fijnaut
  • Book:
    Criminology and the Criminal Justice System
    Published by:
    Intersentia
    Published online:
    11 October 2018
    Print publication:
    13 September 2017, pp 75-130

  • Summary

    INTRODUCTION

    It goes almost without saying that aft er the collapse of the Napoleonic empire, discussion arose throughout Western and Central Europe about its institutional legacy in the field of the criminal justice system and the combatting of crime. And given the history of that legacy, it is equally obvious that that discussion was permeated by all kinds of philosophical ideas, religious beliefs, and political theories. Ideas regarding crime and criminals naturally played an important role in this.

    This chapter begins by considering the discussion of the prison system. In many countries, the comprehensive reorganisation of that system that gradually took place was more noticeable than the reform of the policing system. In some countries, that restructuring was certainly not unimportant but it was not the subject of public discussion and scholarly polemics to the same extent as reorganisation of the prison system. But that is no reason to ignore the reorganisation of the policing system; it was important from a social perspective and, in particular, it paved the way for an increasing role of the police in how criminals were perceived and in the fight against crime. Reform of the judicial system and of the codified criminal law were generally of less interest than the reorganisation of policing. Relatively speaking, they were to a considerable extent bones of contention within a small political, academic, and professional elite made up of jurists. In this abridged version of the book, they will be left aside.

    The focus of the second part of this chapter is on the nascent scientific study of crime and criminals. The decision to deal with the various topics in this order is deliberate. The institutions that were gradually established made it possible to pursue this new science, for example by compiling statistics, but they also required scientific research in order to function in an acceptable manner.

    Following on from these considerations, an account will be given of how a number of academic researchers in the mid-nineteenth century attempted to develop a clear picture of crime and its perpetrators. On the one hand, there was someone like Franz Gall who – in the wake of thinkers such as Lavater – adopted a more biological perspective on these issues, while on the other there were statisticians such as Adolphe Quetelet who introduced the sociological study of them.

  • Chapter 8 - Ideologisation of Criminology in the Third Reich and the Soviet Union

  • Cyrille Fijnaut
  • Book:
    Criminology and the Criminal Justice System
    Published by:
    Intersentia
    Published online:
    11 October 2018
    Print publication:
    13 September 2017, pp 325-354

  • Summary

    INTRODUCTION

    The history of criminology in the twentieth century is marked very much by its extreme ideologisation in the two totalitarian police states that dominated Europe during that century, namely the Third Reich and the Soviet Union. However, most introductions to criminology, entirely wrongly, have ignored its evolution under those regimes. But to understand how the far-reaching Americanisation of criminology took place in Western Europe aft er the Second World War, one needs to have some understanding of the demise of criminology under those dictatorships.

    The demise of the rather successful German criminology was the consequence of its extreme ideologisation during the Third Reich. In particular, its ruin created a vacuum that aft er the Second World War was in many European countries largely filled by the type of criminology that had developed in the meantime through the reception of European criminology in the United States.

    The criminology that had developed in Russia, and later in the Soviet Union, obviously could not fulfil that role. This is not only because it was historically not very highly developed, and thus had little or no appeal to scientists in other countries, but also because aft er the Second World War it remained a totally ideologised activity, with the Cold War making it even less attractive for Western researchers than was already the case.

    NAZIFICATION OF CRIMINOLOGY IN THE THIRD REICH

    During our discussion of the development of criminology in the Weimar Republic, it was pointed out that not only criminology itself but also the criminal justice system – or at least the police and prison system – fell increasingly under the spell of a type of Kriminalbiologie that was indebted to eugenics and that was considered useful in preserving the purity of the (German) race. Our explanation of its development also devoted the required attention to the view of the crux of the crime problem – das Verbrechertum – that had become rooted within the Kriminalpolizei and the views of Heindl on combatting that problem by means of the lifelong internment of dangerous professional criminals.

    The present chapter will first consider how, aft er the Nazis’ seizure of power in 1933, high-ranking Nazi police chiefs almost immediately and systematically linked Kriminalbiologie and Kriminalpolizei with one another to decisively shape their party's policy on crime.

  • Chapter 5 - Establishment of Criminology in Italy and France

  • Cyrille Fijnaut
  • Book:
    Criminology and the Criminal Justice System
    Published by:
    Intersentia
    Published online:
    11 October 2018
    Print publication:
    13 September 2017, pp 131-192

  • Summary

    INTRODUCTION

    The previous chapter explained how in the course of the nineteenth century – in part influenced by the further development of the criminal justice system – authors increasingly wrote about the problems of crime and the combatting of crime, from very diff erent perspectives. In the final two decades of the century, the European literature on these topics increased well-nigh explosively. That enormous growth in the number of publications is not the only diff erence, however, in the way this field of study had developed in the preceding decades. Another important diff erence is that, around the turn of the nineteenth century, this domain increasingly took on the form of a separate scientific discipline, namely criminology. The academic institutionalisation of this field manifested itself, inter alia, in the establishment of specialised journals, the founding of new associations, the organisation of dedicated national and international conferences, the publication of specific primers, and the establishment of special university chairs. The man who provided the decisive impulse for the “scientisation” of criminology was undoubtedly Cesare Lombroso. He is quite rightly considered the founder of the discipline.

    It is therefore an obvious step for us to begin by devoting ample attention to the views that Lombroso expressed from 1876 on – when the first edition appeared of his renowned Trattato antropologico sperimentale dell ‘Uomo Delinquente studiato in rapporto all’ antropologia, alla medicina legale e alla discipline carcerarie [Anthropological and Experimental Treatise on the Criminal Man Studied in Relation to Anthropology, Legal Medicine and Prison Science] (usually abbreviated to Uomo delinquente) – about the criminal individual and the struggle that Lombroso waged in order to have these views taken seriously in both the scientific and political worlds. But in his homeland of Italy, Lombroso was not alone, and references were already made at the time to the “Italian”, “Positive”, and also “Anthropological” School of criminology. Lombroso's main associates within that school were the lawyers Enrico Ferri and Raff aele Garofalo. Their work cannot therefore be ignored here, if only to show that the term “school” should not be taken too literally: the opinions of Lombroso, Ferri, and Garofalo in fact diff ered considerably on a number of points.

  • Chapter 7 - Establishment of Criminology in the Netherlands and Belgium

  • Cyrille Fijnaut
  • Book:
    Criminology and the Criminal Justice System
    Published by:
    Intersentia
    Published online:
    11 October 2018
    Print publication:
    13 September 2017, pp 259-324

  • Summary

    INTRODUCTION

    When one compares the development of modern criminology in the Netherlands and Belgium with its evolution in neighbouring countries, it is striking how in the Low Countries that discipline gradually became widely established in universities in the first half of the twentieth century and to some extent also in the criminal justice system. Why it developed in that way is not that easy to say. The fact, for example, that Von Liszt had such major allies, specifically in the Netherlands and Belgium in the persons of Van Hamel and Prins as regards innovation in the area of criminal law, suggests that he perceived a spirit of openness in those two countries that he did not immediately find elsewhere in Europe.

    That openness will certainly have promoted the fruitful development of criminology in both countries but it cannot have been the sole cause of that success. Anyone who knows something of what actually happened in the field of criminology and the criminal justice system on both sides of the Belgian – Dutch border between 1880 and 1960 will realise that there are not only great similarities but also significant diff erences. It is highly likely that other factors also played an important role. But in any case, the history of criminology in the one country cannot simply be lumped together with that in the other. 1 In this chapter, the developments in each country will therefore be discussed separately.

    A sketch will first be given of the rise of criminology, based on the biobibliography of the main driving forces behind it. Second, we will deal with the controversies that this led to in the scientific, political, and administrative worlds regarding the relationship between the principles of some variants of this new discipline and the foundations of the existing criminal law and criminal justice system. Third, we will discuss how criminology nevertheless had an impact, directly and indirectly, on certain aspects of the redesign of the criminal justice system and, more broadly, on the containment of crime. Fourth, an account will be given of how criminology became successfully established in universities in the 1930s.

  • Preface

  • Cyrille Fijnaut
  • Book:
    Criminology and the Criminal Justice System
    Published by:
    Intersentia
    Published online:
    11 October 2018
    Print publication:
    13 September 2017, pp v-viii

  • Summary

    In the 1989 – 90 academic year, it was my pleasure to take over the course on General Criminology from the late Prof. Steven de Batselier, a course that had been taught for decades as part of the special programme in criminology at KU Leuven's Faculty of Law. It was my intention from the very start to write an introduction to general criminology for the many students taking the course – both criminology undergraduates and faculty of law graduates – that would facilitate both absorbing the course material and studying it independently. At the same time, I wished to take the opportunity aff orded by writing such an introduction not only to make the course suitable for the many law students but also to align it with the ideas that I had about how such an introduction should be structured.

    For me, that meant two things. On the one hand, it seemed desirable for various reasons to devote considerable attention to the long history of criminology, in the West in general and in Belgium and the Netherlands in particular. The main reason was and is, however, that without thorough knowledge of that history it is difficult to understand the contemporary developments in theory, research, and practice. On the other hand, I considered it necessary to write not merely a kind of “history of ideas” in criminology but also to show how closely that history has been associated – right up to the present day – with the evolution of criminal law and the administration of criminal justice, and more generally with the combatting of crime in all its forms and varieties.

    But actually writing such an introduction proved to be no simple matter. At that time, for instance, because of the absence of systematic and thorough research it was virtually impossible to write a historical introduction to criminology and criminal justice that would, at the very least, properly represent the history of criminology in Belgium and the Netherlands, and its influence on the organisation and operation of the criminal justice systems in those countries.

  • Chapter 2 - Origin of the Present-Day Criminal Justice System

  • Cyrille Fijnaut
  • Book:
    Criminology and the Criminal Justice System
    Published by:
    Intersentia
    Published online:
    11 October 2018
    Print publication:
    13 September 2017, pp 9-26

  • Summary

    INTRODUCTION

    In the course of the eighteenth century, the criminal justice system – as the main form of combatting crime – became one of the objects of critical discussion regarding the organisation and operation of the nation state. Needless to say, that discussion assumed that the audience addressed would have the necessary prior knowledge of the European political situation regarding these points, or at least the situation in certain European countries. That assumption was probably justified at the time, but it certainly does not apply to readers today.

    To ensure a proper understanding of that discussion, this chapter therefore explains some of the main developments that occurred in Europe during the Middle Ages and the early modern period. In particular, an outline is given of how criminal proceedings at the time came to be on an inquisitorial basis and how – in line with that important procedural transformation – a criminal justice system was constructed of which the police force, the judiciary, and the prison system still form the institutional backbone today. Based on one of the best-known Dutch pamphlets from around the year 1600 on tackling the problems of crime – Dirk Volckertszoon Coornhert's Boeventucht [Discipline of Villains] – an explanation is given of the discussion associated with the emergence of the modern criminal justice system.

    Discussing this large-scale institutionalisation of inquisitorial criminal procedure also provides an opportunity to give a taste of the debate taking place in historical criminology and in research on the history of criminal law about important issues such as the establishment of today's prison system and the modernisation of the police.

    TRANSITION FROM ACCUSATORY TO INQUISITORIAL CRIMINAL PROCEEDINGS

    Entirely in line with Carolingian criminal law, the “new” medieval state and city criminal law was initially of a predominantly accusatory nature. In the thirteenth, fourteenth, and fift eenth centuries, however, it acquired throughout Europe – in some places under the influence of canon law – an increasingly inquisitorial character, at least as regards more serious forms of crime. For less serious off ences, accusatory methods for keeping the peace within the community remained current in many places, right up to the French Revolution.

Criminology and the Criminal Justice System
  • A Historical and Transatlantic Introduction
  • Cyrille Fijnaut
  • Published by:
    Intersentia
    Published online:
    11 October 2018
    Print publication:
    13 September 2017
  • Criminology and the Criminal Justice System is a book for everyone interested in the historical development of the ideas on crime and punishment and their impact on the criminal justice system and the fight against crime more widely. It is as much a book for students, researchers and policy makers, as it is for lawyers, magistrates, police officers, public prosecutors and social workers. It is also a book for a wider readership curious about the origins of the current approach to issues of crime and criminal justice. Never before has an introduction to criminology systematically dealt with its history from the sixteenth century up to the present day, as well as the institutions of the criminal justice system: the police, the judiciary, the prison system, rehabilitation and youth protection. This is the first published study not only to discuss the development of criminology and the criminal justice systems of Western Europe (Belgium, the Netherlands, Germany, France, Great Britain and Italy) but also to delve into the interplay with the evolution of the system in the United States from the end of the eighteenth century up to this day. In addition, the extensive bibliography and numerous illustrations make this textbook ideal for further study and more in-depth research as well as a pleasure to read.

  • Chapter 1 - General Introduction

  • Cyrille Fijnaut
  • Book:
    Criminology and the Criminal Justice System
    Published by:
    Intersentia
    Published online:
    11 October 2018
    Print publication:
    13 September 2017, pp 1-8

  • Summary

    BASIC PRINCIPLES OF THIS WORK

    Criminology today definitely cannot be seen as a coherent set of theories, methods, and research topics – quite the opposite. Like many other disciplines, it is nowadays highly diff erentiated and specialised from the theoretical, methodological, and thematic perspectives. Moreover, it goes without saying that its historical and contemporary complexity increases by leaps and bounds the more it is considered not only as an historically formed assemblage of ideas but also in the light of the development that the criminal justice institutions have undergone, partly because of it, in centuries gone by.

    This means that if one wishes to present a true picture of this manifold criminology – or “pluralistic” criminology, as it is sometimes termed – one cannot restrict oneself to writing the kind of introduction that is usually published nowadays. Rather, the present introduction is a deliberate attempt to write a genuinely diff erent kind of treatise. In my view, most of the introductions used nowadays in Western Europe and the United States have major shortcomings. Let me name but a few:

  • – they generally have a one-sided focus on the development and status of criminology in the country where they are produced, in the countries of the author's own language, or in the English language area;

  • – they usually view the history of criminology as merely a lead-in to discussion of its contemporary evolution;

  • – they divide up the history of criminology into relatively sterile portraits of a few individual forerunners or into a fairly insignificant series of quotations from their works;

  • – they devote either no attention or completely inadequate attention to important episodes in the history of criminology, such as its role in the totalitarian police states of the twentieth century;

  • – they treat criminology mainly as a loose collection of old and new ideas from Europe and America regarding crime and the response to crime;

  • – they all too easily disregard the social context within which new ideas about crime and its containment have emerged and have found more or less resonance in the outside world;

  • – they generally fail to use quotations, disagreements, and references to encourage independent perusal by the reader of important general works or specific studies; and

Page 87 of 232