Positivist Criminology and the Positivist School

Positivist criminology is the school of thought that the reason for a crime goes beyond the person who committed a crime. In positivist criminology theory, social conditions—including external, biological, and psychological—influence criminal behavior. The positivist theory of criminology aims to understand different types of criminals and the root causes of their illegal activity to improve society—its systems and people—so criminal activity holistically abates.

Nineteenth-century Italian criminologist Cesare Lombroso introduced the positivist approach. He rejected the classical theory (popularized by another Italian theorist, Cesare Beccaria), which states that people are born criminals or that free will and selfishness could lead to crime. Lombroso’s theories on crime, deviance, and delinquency tie to factors beyond a criminal’s control, and understanding those factors and how to reform them could lead to diminishing crime rates.

The positivist and classical approaches to criminal law differ in how they measure and respond to crime. Beccaria’s classical school of criminology dictates that human selfishness can lead to crime, and swift punishment will help deter society from continuing illegal activity. The theory also posits that fair trials are necessary to maintain a person's humanity, and penalties should fit the crime.

The positivist school of criminology takes the emphasis off the crime and puts it on the person, analyzing the reason behind the action. Positivists will study the social barriers some criminals face and how those constraints can increase crime. Today, criminal justice systems often blend these two methodologies, and their differences, benefits, and disadvantages are frequent points of study in social sciences.

Positivist criminologists examine sociological factors that influence those who commit crimes. Characteristics of positivist criminology include:

1. 1. Positivist criminologists advocate for reform. Positivists prioritize reform over punishment; they believe punishment will not fix the system that caused a crime and that reform (within the individual and society at large) is necessary to see change and lower crime rates.
2. 2. Positivist criminologists identify patterns. Positivists pay attention to criminal patterns to understand why they occur and if there are variables connecting certain crimes, such as age, racial demographic, income, mental state, or location.
3. 3. Positivist criminologists study criminal backgrounds. Positivist criminologists note that many factors influence the doing of a crime. Studying a person’s life and experiences can help judicial systems learn how to treat the convicted better.

Positivist criminology applies to many different circumstances. Those who lack resources, for example, may be more likely to steal food because they need it to survive but cannot afford meals. Positivist criminology looks at these social conditions and advocates for reform instead of outright punishing a person.

Similarly, a person with poor mental health may commit a crime demonstrating their need for psychological treatment. In these cases, reform instead of punishment can lessen the chance of that same person committing the same crime again.

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