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Lecture notes, cheat sheets
Криминология. История криминологии и ее современное состояние (конспект лекций)
Directory / Lecture notes, cheat sheets Table of contents (expand) Topic 3. History of criminology and its current state The term "criminology" first appeared on the pages of the press at the end of the XNUMXth century, and at first it was understood as the problems of the etiology (that is, the study of the causes) of crime. At about the same time, legal experts formulated a number of ideas about the essence and subject of criminology, which formed the basis for the creation of classical criminological schools that still exist today. In general terms, they can be reduced to five main areas. Representatives of the first direction do not single out criminology as an independent scientific discipline, but consider it a part of criminal law, if it is considered in the broad sense of the word. At present, such views are of historical interest only. Representatives of the second direction include in the field of criminology the study of the causes of crime, methods of combating it, problems of criminal policy, penology and criminal law. This concept arose at the beginning of the 1847th century. Its founder was the Austrian lawyer Hans Gross (1915-XNUMX), who believed that criminological science includes criminal anthropology, criminal sociology, forensic science, criminal psychology, criminal policy, penology, criminal law and a number of other branches of science. Gross's idea of uniting all "auxiliary sciences in relation to criminal law with the inclusion of the science of investigation and penology" into a single system of criminology was reflected in the views of scientists of the second half of the XNUMXth century. The third direction, the founder of which was the most famous representative of the sociological school of criminal law, the Austrian lawyer Franz von List (1851-1919), considers criminology, along with criminology, criminal law and criminal policy, as a science of crime and its causes. It should be noted that the last two of the above directions are united by the same understanding of the content of criminology and forensic science, which is explained by the common environment of their occurrence. Both of them arose due to the need to meet the needs of practice to know the causes of such a dangerous social phenomenon as crime, and to develop effective methods to combat it. Moreover, at the time of their emergence, they did not have a specific area of research, which greatly influenced the subsequent approach to the problem of the relationship between criminology and forensic science. The fourth direction reflects current trends in the development of criminological research. It considers criminological problems in connection with penitentiary problems, i.e., within this area, much attention is paid to the study of the personality of the offender, including persons with deviant (deviant) behavior, and the measures applied to them. This approach is most widely used in the US. The last, fifth direction considers criminology as the science of crime and its causes. This trend is characteristic of the European legal school. The first criminologist who called on his colleagues to include the study of the causes of crime in the science of criminal law was Moscow University professor M.V. Dukhovskoy. In 1872, as a 23-year-old associate professor at the Demidov Law Lyceum, he gave a lecture “Tasks of the Science of Criminal Law,” in which he indicated that this science should study crime as a phenomenon of social life and its causes. [1] According to Dukhovsky, the main cause of crimes is considered to be the social system or, as he put it, "the bad economic structure of society, bad education and a whole host of other conditions." Undoubtedly, Dukhovsky's merit was the active use of criminal statistics to study the causes of crime. A characteristic feature of the sociological school of criminal law was the consideration of crime not only as a legal concept, but also as a social phenomenon. Representatives of this direction (M.N. Gernet, P.I. Lyublinsky, M.P. Chubinsky, I.Ya. Foinitsky, H.M. Charykhov and others) set themselves the task of comprehensively studying the relationship that exists between the social environment and crime. In their scientific works, they focused on finding the factors of crime and determining the likelihood with which one or another factor is capable of causing violations of criminal law prohibitions. Reducing the causes of crime to the action of numerous and varyingly influencing factors, the sociological school proposed individual, sometimes insignificant, reforms as measures to influence crime. Having proclaimed crime a social phenomenon, the theorists of the sociological school nevertheless did not give a complete, detailed definition of the main subject of their research. The anthropological direction of criminal law has not found such distribution in Russia as in the West. Of the well-known lawyers who gravitate towards anthropologists - followers of C. Lombroso, one can name D.A. Drill (1846-1910). In the teachings of anthropologists, he was attracted mainly by dissatisfaction with the dogmatic constructions of the classical school of criminal law, which "forgot" in its purely legal schemes a living person who embarked on the path of crimes. Dril made it his life's goal to help these unfortunates. Hence his special attention to the individual factors of crime, which, in contrast to Western European anthropologists, he completely subordinated to social factors. The sources of crime, according to Dril, are always two main factors - personal and social, and the second determines the first. This idea runs through all his major works, such as The Criminal Man (1882), Juvenile Offenders (1884-1888), Psychophysical Types in Their Relationship with Crime (1890), Crime and Criminals (1899) , "The doctrine of crime and measures to combat it" (1912). Outstanding lawyers of their time - professors of criminal law, no matter what direction they adhere to (classical, sociological, anthropological), are united by a commonality of views on the main causes of crime and the tasks of punishment, the desire to develop radical, from their point of view, measures that provide more or less effective fight against crime. Criminology has gone through a difficult path in its development, and it was especially difficult in Russia: from complete rejection, declaring it a pseudoscience, to recognition as a theoretical basis for both lawmaking and the practice of fighting crime. Criminology was declared a pseudoscience primarily because it spoke about the existence of causes of crime in the “most perfect” society. For a long time this was classified as slander against socialism. At the same time, it has long been known that there are no causeless phenomena either in nature or in society. The whole point was that crime, its condition, forms and methods of combating it became a bargaining chip for politicians and ideologists who tried to prove the existence of the advantages of socialism, wishful thinking. Thus, irreparable harm was caused to both the theoretical understanding of the problems of crime and the practice of combating it; society as a whole and law enforcement agencies in particular were scientifically disarmed. However, despite the defeat that criminology underwent in the late 1920s and early 1930s, later, in the 1960s, there was an urgent need for the study of crime. Scientists, primarily specialists in the field of criminal law, began to address the problem of the causes of crime already in the 1950s, and in 1963 the All-Union Institute for the Study of the Causes and Development of Crime Prevention Measures (now the Institute for Problems of Strengthening Law and Order of the General Prosecutor's Office of Russia). And although the official ideology continued to assert that we have no causes of crime and that crime is only a "survival" phenomenon, other official structures realized that a serious approach to the problem was needed. The number of people involved in the problem of crime also increased. Ties with foreign criminologists were strengthened. As a result, it can be stated that domestic criminology in the 1960s-1970s. entered its maturity. As for Russian jurists, they, mainly adhering to conservative views, have now slightly changed their views on the subject of the discipline being studied. In a number of textbooks, its main components were called such as crime, the causes and conditions of crime, the identity of the offender, and the prevention of crime. In modern textbooks, the sequence of these components is somewhat changed, which practically does not change the essence of the discipline being studied. Today, the structure of the components of the subject of criminology is as follows. 1. Crime (its essence and patterns). Criminology studies crime as a socially determined, historically changeable phenomenon in society, which is the totality of all crimes committed in a given state over a certain period of time, which, from the standpoint of public interests, belongs to the category of social pathology and is assessed negatively. The concept of crime covers the totality of crimes considered in the form of facts of social reality, and not legal constructions such as the corpus delicti. In this real social existence, crime is subject to certain patterns, has fixed qualitative and quantitative characteristics, which are studied by criminology. These include the level, structure and dynamics of crime. Moreover, offenses that do not form crimes, but are closely related to them, such as drunkenness, prostitution, drug addiction, and others, are considered by criminology when analyzing the causes and conditions of a number of types of crimes and developing measures to prevent them. At the same time, the study of these phenomena and the problems of combating them in full is not included in the subject of criminology. 2. The identity of the offender. It is studied as a system of socio-demographic, socio-role, socio-psychological properties of the subjects of crime. With regard to the personality of the offender, the correlation of the biological and social in it is considered. Isolating the personality of a criminal from the entire mass of people is carried out on the basis of two criteria: legal and social (socio-psychological). Based only on legal criteria, the identity of the criminal can be determined as the person who committed the crime. This also includes the study of those persons who have not yet violated the criminal law, but due to antisocial views and habits, manifested, for example, in the form of committing relevant administrative offenses, may take the criminal path. [2] Thus, the subject of the branch of scientific knowledge under consideration includes the personality of the offender, understood in the above sense and including not only the criminal himself, but also other categories of persons subject to targeted preventive influence. In general, data on personal characteristics in relation to the subjects of all crimes and separately by their types contain significant information about the causes of crimes, which can be used in determining measures aimed at preventing new crimes. 3. Determinants of crime. Causal explanation, which is invariably relevant for criminological research, relies primarily on the concepts of the causes and conditions of crime. However, criminologists are also interested in other types of determination of this socially negative phenomenon: correlation, system-structural connection, etc. Different in terms of sources, content, mechanism of action and other signs, the determinants of crime are studied in criminology in relation to the entire set of crimes, to their individual types ( groups, categories) or to individual acts of criminal behavior. 4. Prevention, or prevention, of crime. At its core, crime prevention is a specific area of social regulation, management and control, which has a multi-level character and pursues the goal of combating crime based on identifying and eliminating its causes and conditions, other determinants. Criminology studies crime prevention as a complex dynamic system. Its functioning is connected with the solution of both general tasks of social development and specialized tasks in the field of combating negative phenomena. As a rule, in criminology, the preventive system of state and public measures aimed at eliminating or neutralizing, weakening the causes and conditions of crime, deterring crime and correcting the behavior of offenders, is analyzed according to the following parameters: focus, mechanism of action, stages, scale, content, subjects and others All the considered main components, or elements, of the subject of criminology, firstly, are organically interconnected, and secondly, they are studied not only by this science. For example, crime may attract the attention of sociologists when they study social deviance; the problem of the identity of the criminal has, along with criminological, forensic, operational and investigative and other aspects; Issues related to the prevention of crime through the appointment and execution of punishment are studied in criminal and correctional labor law. What then is the specificity of the criminological approach to the study of the above phenomena? In general, this specificity is manifested in the following. 1. Criminology studies crime and related phenomena as a social and legal reality. 2. The specificity of criminological knowledge lies in the fact that it places a pronounced emphasis on the causal explanation of the social and legal phenomena and processes studied by this science. 3. At the head of criminological research is the task of crime prevention. 4. Criminology takes part in the development of not only legal, but also other means of combating crime, its prevention (socio-economic, cultural, educational, etc.). Some domestic scientists supplement the subject of criminology with the history of criminological science, the organization and methods of studying crime, criminological forecasting, etc. At present, this question remains open, and at the present stage of development of criminology, it can be defined as a social and legal science that studies the essence, patterns and forms of manifestation of crime, its causes and other determinants, the identity of the offender and other categories of offenders who may embark on a criminal path, as well as a crime prevention system, and on this basis developing a general theory of a preventive effect on crime and criminological prevention measures. Criminology in its current state is an independent socio-legal (sociological-legal) science, in the subject of which there are four main components, four groups of studied social phenomena: ▪ crime; ▪ the identity of the criminal; ▪ causes and conditions of crime (determinants); ▪ prevention (prevention) of crime. Authors: Vasilchikova N.V., Kukharuk V.V. << Back: The system of criminological knowledge. The relationship of criminology with other sciences >> Forward: Methods of criminological research. Goals, objectives and functions of criminology
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