Cesare Lombroso is regarded as the father of modern criminology, especially due to his theory of the ‘ born criminal.’ Born Ezechia Marco Lombroso on 6th November 1835, he was an Italian physician, phrenologist, and criminologist credited with founding the Italian School of Positivist Criminology (Rafter, 2018). Cesare Beccaria, born Cesare Bonesana di Beccaria, Marquis of Gualdrasco and Villareggio on 15th March 1738, he is remembered as an Italian economist, philosopher, criminologist, politician and jurist (Ranasinghe, 2022). He is credited for the renowned treatise that condemned the death penalty and torture, ‘On Crimes and Punishments,’ in 1764 (Ranasinghe, 2022). The treatise was fundamental in developing the Classical School of criminology and penology; hence he is regarded as the father of criminal justice.
Lombroso and Becarria played a great role in establishing modern criminology by rejecting the classical criminology school of thought. Lombroso rejected the ideology that crime was a part of human nature. He drew from the degeneration theory, social Darwinism, psychiatry, and physiognomy to develop the theory of anthropological criminology. Lombroso’s theory stated that the criminal nature could be genetically inherited, and a ‘ born criminal’ could be identified by physical features that define criminals at birth, such as an atavistic or savage face (Rafter, 2018). Beccaria’s book on crimes and punishments involved his reflection on the death penalty. It advocated for related reforms in the criminal justice system, suggesting that they should comprise principles that adhere to rationality as per the vision that the enlightenment thinkers had for the system.
Becarria’s criminology works protested against secret accusations, inequality, inconsistency of sentencing, obtaining confessions through torture, the haphazard dissemination of power to judges, the use of the death sentence for minor and serious offenses, and the corruption of lighter sentences (Ranasinghe, 2022). He noted that there were fewer studies on the pressing need for criminal justice reforms at his time. Appealing to the utility and social contract philosophical theories, Beccaria argued that justice is preserved when it defends the social contract such that the public is motivated to adhere to its principles. He also argued that all select forms of punishment should serve the greatest good of the public (Ranasinghe, 2022). Beccaria articulates two key principal theories that can be used to justify criminal punishment; the utilitarian and retributive approaches. The retributive approach argues for an eye for an eye perspective on punishment, which is equal to any harm meted on the victim. On the other hand, the utilitarian approach affirmed that the form of punishment should increase the happiness present in the world.
Lombroso’s theory believes that multiple physical abnormalities distinguish criminals from noncriminals. According to his works, criminals had subhuman and primitive physical features that gave them the visual appeal of modern ‘savages.’ He noted that these features, reminiscent of lower primates, made their beholders susceptible to breaking the expectation, rules, and regulations of modern civilized society (Rafter, 2018). Lombroso arrived at his theory through years of anthropometric studies and postmortem examinations of criminals, normal individuals, and the insane. He was convinced that born criminals could be identified anatomically through their unusual ear size, prognathism, drooping forehead, and unusual facial asymmetry (Rafter, 2018). He noted that they were less sensitive to touch and pain, lacked moral sense and remorse, and had more impulsiveness and cruelty.
Beccaria and Lombroso developed criminology theories that were foundational to modern criminology, hence their regard as the founding fathers of modern criminology. Beccaria believes that punishment should deter further crimes from the criminal or other people. Lombroso’s theory stated that the criminal nature could be genetically inherited. A ‘ born criminal’ could be identified by physical features that define criminals at birth, such as an atavistic or savage face.
References
Rafter, N. (2018). Cesare Lombroso and the Origins of Criminology: Rethinking Criminological Tradition 1. In The essential criminology reader (pp. 33-42). Routledge.
Ranasinghe, P. (2022). Cesare Beccaria and the Aesthetic Knowledge of On Crimes and Punishments. Law and Critique, 1-18.
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