Explain the differences between the classical school and positivist approaches in criminology. How do these two approaches vary in assumptions and problem focus? Be sure to discuss how these approaches have influenced the criminal justice system and why there is a fundamental tension between them.

What will be an ideal response?


The classical school emphasizes free will and assumes that people are rational actors. Furthermore, this approach focuses on how people are deterred from committing crime. The positivist school emphasizes determinism and assumes that behavior is dictated by factors beyond one’s control. Positivists apply the scientific method to understanding human (and criminal) behavior. Both of these approaches have influenced the criminal justice system but in very different ways. The classical school introduced the notion of prisons as a form of punishment and suggested that laws should be made clear to the public. Positivists offered “progressive reforms” to the criminal justice system and suggested that rather than merely punishing criminals, we should attempt to treat and rehabilitate them. The tension between these approaches is based on the differing assumptions of human nature, which lead to different approaches to addressing crime and criminal behavior.

Criminal Justice

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Criminal Justice

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1. There does NOT necessarily need to be concurrence between the actus reus and mens rea. 2. The Model Penal Code requires that the guilt of the defendant should be based on conduct that includes a voluntary act or omission. 3. Crimes require differing attendant circumstances. 4. The criminal law punishes involuntary acts and does not penalize thoughts.

Criminal Justice

The wide variation in sentence given to different offenders is called sentence ______.

a. disparity b. inequality c. splitting d. discrimination

Criminal Justice

Early jury trials closely resembled the jury trials of today.

Answer the following statement true (T) or false (F)

Criminal Justice