Criminal Law and Criminology

The Criminal Law and Criminology course aims to develop in-depth knowledge of the phenomenon of crime, and the ways in which it is perceived, defined, and addressed. Starting from the historical, social, and cultural conditions that led to the birth of criminology, the course aims to reconstruct the relationships between criminal law, criminology, criminal sociology, and psychology. Organized crimes and crimes against public administration are also analyzed.

Based on the Dublin Descriptors, students must achieve the following outcomes:

1. Knowledge and understanding. Students must demonstrate knowledge and understanding of the phenomenon of crime, in its historical and contextual aspects, as well as the characteristics of crimes against public administration and against public order.

2. Applied knowledge and understanding. At the end of the course, students should be able to use the skills acquired to critically interpret current legislation and navigate different interpretations of legal data.

3. Independent judgment. By the end of the course, students should be able to develop critical thinking on the criminal phenomenon and the types of crimes analyzed.

4. Communication skills. By the end of the course, students should possess the skills necessary to convey their knowledge and thinking on the phenomenon of crime and crimes against public administration and public order, demonstrating the ability to participate in public debate with awareness and operate within the regulatory parameters studied.

5. Learning skills. By the end of the course, students should possess the skills and competencies needed to continue learning independently, including the ability to identify texts and sources related to criminology and the special section of criminal law and to develop in-depth understanding of the topics covered.

From the system of private revenge to that of the penalty. The school of natural law. The Enlightenment and the classical school of criminal law. The origins of criminology: the positive school of criminal law. The contribution of Father Gemelli. Durkheim and the concept of anomie. The development of criminal sociology in the United States. Interactionist perspective in sociology of deviance and crime. Labeling theory and total institutions. The contributions of psychology and studies concerning aggression. The prison. Historical analysis and specific problems of penitentiary system. Alternative measures to detention.

S. Aleo, Criminologia e sistema penale, II ed., Cedam, Padova, 2011, pp. 1 - 283.

S. Aleo, Istituzioni di diritto penale. Parte speciale, vol. I, II ed., Giuffrè Francis Lefebvre, Milano, 2021, capp. III e IV, pp. 105 - 292.

The use of an updated criminal code is recommended.

During the lecture cycle, additional material will be made available via the Studium platform, especially concerning the most recent legislative innovations.

Reading the volume of S. Aleo, Dal carcere. Autoriflessione sulla pena, Pacini, Pisa, 2016, is recommended.

To pass the exam, students must demonstrate, using appropriate language, knowledge of the main characteristics of the institutions and crimes covered. Particular attention must be paid to the historical evolution of criminology and the essential characteristics of the crimes studied.

Depth of knowledge of the various topics, the ability to connect them, and the level of critical reasoning will impact the grade.

The grading scheme is as follows:

Fail

Knowledge and understanding of the topics: Significant deficiencies. Significant inaccuracies

Analysis and synthesis skills: Irrelevant. Frequent generalizations. Inability to synthesize

Use of references: Completely inappropriate

18/30-21/30

Knowledge and understanding of the topics: At the threshold level. Obvious imperfections

Analysis and synthesis skills: Barely adequate

Use of references: Barely appropriate

22/30-24/30

Knowledge and understanding of the topics: Routine knowledge

Analysis and synthesis skills: Capable of adequate analysis and synthesis. Argues in a sufficiently logical and coherent manner

Use of references: Uses standard references

25/30-26/30

Knowledge and understanding of the topics: Good knowledge

Analysis and synthesis skills: Has good analysis and synthesis skills. The topics are presented coherently.

Use of References: Uses standard references.

27/30-28/30

Knowledge and Understanding of the Topics: More than good knowledge.

Analysis and Synthesis: Has very good analysis and synthesis skills.

Use of References: Has thoroughly explored the topics.

29/30-30/30

Knowledge and Understanding of the Topics: Excellent knowledge.

Analysis and Synthesis: Has excellent analysis and synthesis skills.

Use of References: Important insights.

To achieve honors, students must not only answer each question completely and comprehensively and demonstrate the ability to summarize and criticize, but also use fluent and accurate language, even technical language.

Kant and Beccaria

Free will

Carrara

Lombroso

Ferri

Durkheim

The School of Chicago

Differential association

White collars crimes

Anomie theory

Juvenile delinquency

Labelling theory

Total Institutions

The delinquent stereotype

Freud

Alexander and Staub

Frustration and aggressiveness

Lorenz

Fromm

The prison

History and problems concerning prisons

Organized crime

Anti-mafia legislation

Mafia-type association

External participation to mafia-type association

Collaboration with justice

Palermo Convention

Subjective qualifications in public administration

Embezzlement

Concussion

Corruption

New legislation against corruption

Trafficking in illicit influences

Abuse of office and its abrogation

Refusal and omission of official acts