Positive Criminology Essay

Another factor to consider is that not all crimes result in the immediate arrest and conviction with the guarantee of apprehension; therefore, the overall deterrence effect becomes reduced. A scholar in crime and punishment, Michael Tory states, “At the very least, macro-level research on deterrent effects should test the null hypothesis of no effect rather than the price theory assumption that offenders’ behaviours will change in response to changes in legal threats” (3). Tough on crime policies and an increased severity on punishment will not advocate for the desired deterrence affects. Instead, our current criminal justice system seems to actively ignore the failing legislatures and laws that feed into increased recidivism rates. Yes,

Positive criminology focuses on the criminal rather than the criminal law because the motivational and behavioural actions, especially springing from life situations, may explain criminal deviancy. The Positivist would argue, therefore, that the law and its implication would be secondary, if not irrelevant (Matza, 1964). Positivist theorists dispel the Classical theory of free will and use scientific determinism to study the criminal behaviour. Instead, positive criminology focuses on set of determinates and constraints that affect an individual and link them to criminal deviancy and behaviour. With free will, there is a improbable chance of totality, especially given that humans cannot control the sociological, neurological and environmental factors in their lives. Moreover, it is difficult to make a case regarding if humans are entirely rational and it is absolute speculation to apply rationality to the entire human race. Defining the word ‘rational’ is enough to bridge a debate within cultural or communal context. There lies the major weakness of the theory, it is overreaching to assume all individuals are rational and have total free will, to do so would compromise the natural rights of

Matza stated, “Man was a creature of heredity. His behaviour […] was a playing out of genetic forces. The predominantly biological origin must be noted because of continuing effect is has had on the nature of criminological thought” (Matza, 2964). Hormones alone feed into aggression into young adults and males, which links into violent behaviour and crime. Although the positivist theory has stressed the significance of inherited characteristics, the importance of trauma, injury and disfigurement loop back to criminal