CONSTITUTIONALISM AND MORPHOLOGICAL THEORIES OF CRIMINOLOGY

This article is written by Dharshini P. , an intern under Legal Vidhiya

ABSTRACT

In this Article we will discuss about the Constitutionalism and Morphological theories of Criminology. The views of prominent criminologists such as Cesare Lombroso,  Enrico Ferri,  Raffaele Garofalo and William H. Sheldon are been dealt briefly. The influence of physical characteristics on crimes committed by the offenders is explained in this article. The Biological explanation of the correlation between physiology and criminality as pointed by the criminologist William H. Sheldon in his Constitutional theory is been discussed briefly.

KEYWORDS: Physical characteristics, Criminality, Personality, Criminal Behaviour.

INTRODUCTION

The term ‘Criminology’ stands for crimen and logica, which are combination of two words from Latin and Greek language. Enrico Ferri[1], a noted Italian criminologist once quoted that most of the developing countries in today’s world are involved in protecting their citizens from various heinous crimes by adopting criminal policies which can safeguard the peoples from criminals. Obviously, the victory in eradicating crimes from the society greatly depends on the effectiveness of the criminal law administered in the country[2]. In the past few decades it can be observed that there where revolutionary changes in the field of Criminology and various amendments in criminal policies in the countries around the world. According to Coleman and Norris, criminology is the analysis of the nature of crime, the perpetrators of crime, the causes of crime, the formulation of criminal laws and law-enforcement, and the ways that crime can be controlled[3].Criminology deals with the legal psychiatric aspect or the medico-psychological, biological, pedagogical or sociological aspect of criminality and the factors related therewith[4]. In ancient Indian primitive societies the administration of justice was concern of the common citizens through their various associations such as Kula, Sreni, Guilds etc. Manu’s comprehensive code contained not only ordinances relating to law, but also about criminal laws which included assault, theft, robbery, breach of trust, false evidence, slander, adultery, homicide,  libel, gambling, etc. as crimes. These were considered as the principle offences against humans and property which were recognised under the ancient Indian criminal law. In an attempt to find a rational explanation of crime, large number of theories were introduced by various criminologists in the past decades across the world from various countries. One such theory is Positive Theory of Criminology. The Constitutionalism and Morphological theories, comes under Positive theories of Criminology.

POSITIVE SCHOOL OF CRIMINOLOGY.

With the development in the field of behavioural sciences, the hereditary explanation of human conduct became old and a new trend developed towards adopting a broad view about the origin of crime gradually developed. Some French medical professionals were successful in proving during the Nineteenth century in France that the real cause of criminality lay in the anthropological characteristics of the offender rather than the offender’s “free will” or inherent depravity. Some phrenologists also made an effort to show how the brain functions naturally and passionately created a link between criminal behaviour and the design and operation of the brain[5]. As a result, the Positive School of Criminology was born. Three renowned Italian criminologists, Cesare Lombroso, Raffaele Garefalo, and Enrico Ferri, served as the school’s main proponents.

CESARE LOMBROSO

The pioneer of modern criminology, Lombroso of the Italian School of Criminological Thought, made the first attempt to comprehend the personality of criminals in terms of their physical characteristics[6]. Through his anthropological studies, Lombroso used a scientific, objective method to analyse criminals. He saw and came to the conclusion that criminals were physically submissive in the scale of normal growth seen in human beings, which led to the formation of inferior acts, after thoroughly experimenting with physical features on his patients and afterwards on criminals. He also made the generalisation that criminals are less sensitive to pain and don’t care as much about other people’s suffering.

Lombroso was the first criminologist to make an effort to comprehend the physical personality of offenders. He changed the focus from crime to criminal and used scientific approaches to understand criminal behaviour. Prof. Sutherland criticised Lombrosian views, saying that by focusing on crime as an individual phenomenon rather than a social phenomenon, Lombroso delayed for fifty years the work that was already underway at the time it began and added nothing of significance on his own[7].

RAFFAELE GAROFALO

One of the three key proponents of the positive school of criminology was Raffaele Garofalo. He emphasised the importance of conducting further research on the backgrounds and lifestyles of offenders. He was adamant that a criminal is a product of his environment. He took a completely different approach to the issue of crime than his contemporaries did. Garofalo rejected the traditional view that free will causes crime and instead defined crime as an act that violates the compassion and decency that the typical individual feels and harms society[8]. He underlined that crimes against people are caused by a lack of sympathy, while crimes against property are caused by a lack of probity.

ENRICO FERRI

Enrico Ferri was another prominent member of the positive school of criminology. He questioned the Lombrosoian conception of criminality. Ferri shown through his academic studies that only biological explanations for criminal behaviour are insufficient. He was adamant that other elements, such as emotional response, social disability, or geographic circumstances, are equally important in establishing a man’s propensity for crime. Because of this, he has occasionally been referred to as the “founding father of criminal sociology.”

Ferri underlined that criminal activity is a result of numerous forces acting collectively on the individual. He claims that social change, which occurs naturally in a dynamic society, leads to discord, conflict, and cultural differences[9]. Due to this, social order is disrupted, and conventional social control mechanisms are completely destroyed. The incidence of crime is certain to skyrocket in the wake of such fast social changes. The diversity of social circumstances obliterates friendly social relationships and creates a social void that turns out to be an ideal environment for criminal activity.

However, a lot of detractors disagree with Ferri’s rule of criminal saturation, arguing that it is nothing more than a claim that the law of cause and effect also holds true for criminal behaviour. Ferri underlined that one should view a criminal as the result of the circumstances that shaped his life. Therefore, the primary goal of a crime prevention project should be to eliminate factors that encourage crime.

POSITIVE THEORY: CONSTITUTIONALISM AND MORPHOLOGICAL THEORY

Biological variations among the personalities of human being also contribute for the criminality among humans. The actual biological exposition behind the ideology of biological variation contributing towards criminality is that the structure influence function which result in different behaviours of people owing to the fact that they are somehow structurally different. The physical and biological anomaly is the reason behind the criminal behaviour among humans. The criminal is considered as a biological creature specifically different, not normal or defective and inferior in both biological and physical aspects. The ideology that criminality is genetic and inherited is the origin of crime causation help us differentiate the criminals from non criminals based on their Physio-biological built.

This ideology is an improvised version of Lombroso’s theory of ‘born criminals’ (Atavists)as it explains external physical features of an individual contributes for criminality rather than heredity. Prof. Franz Joseph Gale was inspired from the ideology of biological features influencing criminality among humans, developed the doctrine of phrenology showing relevance between the head conformation and personal characteristics of the Human beings.

Dr. Caldwell another prominent American criminologist was attracted to this doctrine of phrenology and published his ‘Elements of Phrenology’ in 1824.The criminologist gave three main proposition under the doctrine of phrenology which are as follows,

• The exterior of the skull conforms to the interior, and to the shape of the skull.
• The mind consists of faculties; and
• These faculties are related to the brain and skull.

Dr. Caldwell underlined that sentiments dictate a person’s entire conduct or action and are supported by volition. Thus, “will” and “spirit” were in charge of shaping human behaviour. However, because it was only hypothetical in nature, the hypothesis was rejected and is no longer in use[10].

SHELDON’S VIEW ON CRIMINALITY

Another prominent social scientist, William H. Sheldon, attempted to institute an interconnection between the physical characteristics of the offender and the crime committed by him, which he names as the implementation of the Constitutional theory to human behavioural issues. He established this ideology from the fact that life originates in the embryo which constitutes three different layers, which are, Endoderm which is the middle layer, Mesoderm the middle layer and Ectoderm the outer layer. He inter-related the physical and mental elements with known facts from embryology and physiology of genetic development[11].

Sheldon asserted that the endoderm begins the development of the digestive system, the mesoderm begins the development of the bone, muscle, and tendons of the motor-organ system, and the ectoderm begins the development of the connective tissue of the nervous system, skin, and appendages. He provided three primary physical characteristics of these Somatotypes, which are as follows:

1. Endomorphic Structure- It refers to individuals with fatty or bulk body with short limbs, smaller bones, soft and smooth skin, usually calm person.
2. Mesomorphic Structure- It refers to individuals who are strongly built with heavy chest build up muscles and bones, large wrists and hands. These persons behave aggressively.
3. Ectomorphic Structure- It refers to individuals who are lean and fragile with delicate and weak body. They are very sensitive and often avoid crowds.

Scheldon’s scheme determined three types of physical proportions which are Asthenic type, Athletic type, Pyknic type. Asthenic type deals with thin and lean body built, Athletic type deals with tall and mascular body and Pyknic type deals with short and fat body. He concluded that these body types where directly related to the crimes committed by the person. As per his research, endomorphic individuals where moody and accommodative by nature while the mesomorphic people where rigid and serious in nature. Ectomorphic people frequently make rash decisions and have quick tempers because of their sensitive physical makeup. He blames mesomorphics and endomorphics for crime rather than ectomorphics. Sutherland, however, takes issue with this Sheldon approach, arguing that it has a striking resemblance to criminal heredity considerations, which are no longer relevant in contemporary criminology[12].

In Constitutive criminology, beyond postmodernism (1996), Stuart Henry and Dragan Milovanovic proposed a positive, postmodernist-influenced theory of criminology that was initially inspired by Anthony Giddens. The Constitution of Society (1984), in which Giddens described his structuration theory. According to this theory, crime is seen as an essential component of society’s overall production and a joint effort between human actors and the cultural and social institutions they are constantly constructing. According to this idea, crime is defined as the harm that results from people expending effort in power relationships that minimise or deny the humanity of individuals who are the targets of these investments. According to constitutive theory, the victim is referred to as a “recovering subject” whereas the offender is seen as “excessive investor”[13].

Constitutive criminology is based on a wide range of ideas and theories that have shaped its current position. It has origins in chaos theory and postmodernism and borrows concepts from well-known critical social theories, particularly structuration theory and social constructionism. A small number of other academics have significantly affected constitutive criminology, advancing the idea while also creating their own interpretations[14].

CONCLUSION

In the above discussion we discussed about the Constitutional and Morphological theories of Criminology which emphasise about how crimes committed by human beings are influenced by their physical characteristics. These theories help us understand the biological reason behind the aggressive acts of the offenders. Various prominent criminologists like Enrico Ferri, Raffaele Garofalo, Cesare Lombroso etc. have established the ideology of physical characteristics influencing the criminals committing crimes in our society. Lombroso came to a conclusion that criminals were physically submissive in the scale of normal growth seen in human beings, which led to the formation of inferior acts. Ferri pointed out that criminal activity is a result of numerous forces acting collectively on the individual. He claims that social change, which occurs naturally in a dynamic society, leads to discord, conflict, and cultural differences. Garofalo emphasised the importance of conducting further research on the backgrounds and lifestyles of offenders. He was adamant that criminals are products of their own environment. Another prominent criminologist, Sheldon gave the Constitutional theory to human behavioural issues by attempting to institute an interconnection between the physical characteristics of the offender and the crime committed by him.

REFERENCES:

1. Prof. N.V.Paranjape, Criminology,Penology Victomology, (17^th ed., 2017).
2. Constitutive criminology, Wikipedia, available at https://en.wikipedia.org/wiki/Constitutive_criminology        last seen on 18.04.2023.
3. Enrico Ferri (criminologist), Wikipedia, available at https://en.wikipedia.org/wiki/Enrico_Ferri_(criminologist) last seen on 18.04.2023.
4. Coleman &Clive Norris, Introducing Criminology, 10 (2000).
5. Dr. Stephen Hurt Witz, Criminology, 427 (1948).

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[1] Enrico Ferri (criminologist), Wikipedia, available at https://en.wikipedia.org/wiki/Enrico_Ferri_(criminologist) last seen on 18.04.2023.

[2] Prof. N.V.Paranjape, Criminology,Penology Victomology, 20 (17^th ed., 2017)

[3] Coleman &Clive Norris, Introducing Criminology, 10 (2000)

[4] Dr. Stephen Hurt Witz, Criminology, 427 (1948)

[5] Prof. N.V.Paranjape, Criminology,Penology Victomology, 48 (17^th ed., 2017)

[6] Prof. N.V.Paranjape, Criminology,Penology Victomology, 48 (17^th ed., 2017)

[7] Prof. N.V.Paranjape, Criminology,Penology Victomology, 50 (17^th ed., 2017)

[8] Prof. N.V.Paranjape, Criminology,Penology Victomology, 52 (17^th ed., 2017)

[9] Prof. N.V.Paranjape, Criminology,Penology Victomology, 51 (17^th ed., 2017)

[10] Prof. N.V.Paranjape, Criminology,Penology Victomology, 66 (17^th ed., 2017)

[11] Prof. N.V.Paranjape, Criminology,Penology Victomology, 70 (17^th ed., 2017)

[12] Prof. N.V.Paranjape, Criminology,Penology Victomology, 70 (17^th ed., 2017)

[13]Constitutive criminology, Wikipedia, available at  https://en.wikipedia.org/wiki/Constitutive_criminology last seen on 18.04.2023.

[14] Constitutive criminology, Wikipedia, available at  https://en.wikipedia.org/wiki/Constitutive_criminology last seen on 18.04.2023.