Types of Offenders—A Criminological Perspective in Historical Contexts

Abstract

There is a long tradition of classifying offenders based on certain attributions in penal law as well as in criminology. Classifying offenders is, especially when oversimplifying, considered as a negative approach. It carries the risk of excluding certain delinquents in the sense of labeling. But a closer look reveals the fact that recent models and methods also make use of classifications, especially when it comes to the overlap of deviant behavior, delinquency and psychiatric disorders (e.g. psychopaths or paedophiles). The problem is, that this classification takes place without becoming conscious. As a result neither the benefit nor the potential risk of this classifying approach is sufficiently taken into account. Some types of offenders, resulting from particular attributions, have a long tradition. They are considered as simply existing among lawyers, judges and state’s attorneys (just think about the classification of offenders introduced by von Liszt: “offenders by opportunity”, “treatable offenders” “non-treatable offenders”). A systematic analysis of the historical contexts of existing types of offenders will help to answer the question whether classifying delinquent behavior is an appropriate way to deal with offenders and the consequences of delinquent behavior in our times.

This article picks up, considerably shortened, some of the historical and criminological aspects of the authors’ inaugural lecture, published in German in ZStW 2015, issue no. 4.