CLASSICAL OR BIOLOGICAL AND BIOSOCIAL THEORY
Introduction
Classical theory started way back in 1700s. The founders of the US depended wholly on the economic theories proposed by John Locke together with the classical theories of social groups and government. The classical school was not focused in studying individual criminals as compared to crime, law making and the legal process. Before this period, most of the issues on law and judicial system were closely associated with religious structures together with those of the monarchy or aristocratic rulers. Although there were no written laws during this period, execution was based on interpretation and reckless directions of the ruling class. The laws were used and applied to the people not belonging to the ruling class (Walsh Beaver, 2008).
The law was used to protect the church and uphold the power of the church and state. The people who were accused of breaking the law were punished through torture. The accusations were done in secret hearing settings and private trials and they faced with harsh approval. The law was also used as a silencing tool to suppress those who were against the church or the ruling class (Walsh Beaver, 2008).
Classical theory
It is based mainly on the individual and choice. It based on the belief that each person makes a choice depending on the cost and benefit of their actions. The classical theory is used in explaining the human behavior in terms of efforts to maximize pleasure and reduce situations of pain and this is the logic behind the concept of deterrence. John Locke had a lot of influence on the drafting of the American constitution and so does the new philosophies on human rights and the existence of government (Walsh Beaver, 2008).
Political belief before the emergence of this theory was in support of the idea that people served the need of the government. The principle of the new social contract where by the government was to serve the needs of its subjects lead to another idea that backed up ideas that an individual submitted to the authority of the state only amount of liberty which is enough to ensure protection of the rights of other citizens. The emergence of this new contract between the people and the government was as a result of the rising middle class and was at conflict with the ruling class and those who had been at the helm of power.
The classical theory was focused on the law to protect the rights of people and society and the main aim was to discourage criminal activity. According to the classical law, it is the responsibility of the citizens to behave morally, act responsibly, and evaluate the consequences of any action before engaging in the real act. This implies that all actions are rational and each is done as a result of free will (Walsh Beaver, 2008). Due to this belief, classical criminologists condemn harsh punishment as being evil, and should only be used to avoid or discourage greater evil. In offering punishment for any wrongful doing, the amount of pain suffered should exceed the pleasure gained as a result of the action (Walsh Beaver, 2008).
In this theory, individual deterrence was ensured through imposition of pain which exceeds the pleasure gained and this was aimed at making the people to make the right decision. On the part of society, deterrence was achieved by people observing the consequences which awaited or befell those people who broke the law. Classical theory is not in support of capital punishment because its use put the state in a position of a dictator and accepting murder.
The results of classical theory are evident in French and American Revolution. Both countries respected the quality of people, the right to life and freedom, fairness in the administration of justice and restriction on the actions of the state. The American criminal law is mostly classical, and has great emphasis on responsibility for the actions in the process of law. Currently, a revival of conservative policies has been executed with the use of punishment as a deterrent and assumptions that all the crimes have been rational and intentional (Walsh Beaver, 2008).
Biosocialbiological theory
Biological and biosocial studies have resulted in surprising discoveries in the field of criminology. Development of criminal traits has been attributed to genetic factors and biological harms such as exposure to toxins or head injury. These traits predispose an individual to criminal activities. Delinquents and criminals have been found to have damage to certain areas in their brain or exposure to harsh environment during their childhood. There are also organic differences found. Children who were raised in urban settings polluted by lead and other toxic industrial waste were found to have lower cognitive ability and some degree of brain damage. Some of these children have other disorders like attention deficit disorder (ADD) or learning difficulties. These problems can result in learning or socialization difficulties, together with high tendencies to involve in reckless behaviors and problems in carrying forward pleasure for a long term fulfillment later in life (Walsh Beaver, 2008).
The major controversy revolving around the biological and psychological factors is the identification of the roles played by both factors in human behavior and at the same time dismissing the fact that the same factors are responsible for delinquent behaviors or they increase a persons tendencies to involve in delinquent behaviors (Walsh Beaver, 2008).
The initial scientific methods and theories which were employed in explaining criminal behaviors and to point out the capability and prevention of criminality were very crude. The methods involved measuring of the size of the skulls, foreheads, and other strange body shapes. Currently there is immense knowledge on the effects of the environment on an individual and group development and tendencies to develop delinquent and criminal behaviors (Walsh Beaver, 2008).
The biological and psychological explanations can be used to determine and explain the criminal behavior on a person or on a group of people living in a particular neighborhood. This method leads to focus on individual but not the societal condition that nurtured the development of delinquent behavior. The fear in this method is that social policies and attempts geared at correction and alleviation of bad social conditions will be abandoned while at the same time much control will be put against some people who are deemed to be prone to delinquent or criminal behavior. The application of this policy is likely to result in use of eugenics and the awakening policies that accompany it such as forced sterilization which was experienced in the early 20th century and crimes against humanities as was observed by the Nazis. The use of biological and biosocial approach may make the ruling class to impose control and discrimination against individuals who are purported to be risky (Walsh Beaver, 2008).
Since these loopholes in this theory can be used as excuses for abuse, the researchers need to exercise watchfulness and caution to avoid the discoveries being used to revert or inhibit social policies. The increasing studies on twins and adoption are very useful in determining the environmental effect on individuals behavior. According to nature versus nurture debate, it has become obvious that both genetics and environment have varied effects on an individuals behavior based on the persons vulnerability to delinquent behavior (Walsh Beaver, 2008). There is also need for extensive study on brain chemistry to explain how the brain functions in delinquent and criminal individuals. Still there is also need to determine how scientists and researchers will describe and define how these aspects influence delinquent behavior (Walsh Beaver, 2008).
Conclusion
The system which is likely to be adopted by criminal justice system to control or prevent crime is determined by politics and economics involved in the approach. When the classical theory which states that all behavior are as a result of choice and control, the punishment passed in this case will be aimed at changing the behavior patterns and ways of making decisions in individuals who have committed or expected to involve in criminal offence. If the biosocial or biological approach is adopted, there will be more studies on genetics, biological and environmental effects that make some individuals vulnerable to involving in criminal activities. Adoption of this approach could either be dangerous or exciting development for humanity. This will solely depend on the intentions of those responsible for execution and funding of the research programs.
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