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As recently as 1995, a judge in California sentenced a man to prison for 25 years to life for stealing a slice of pizza. The judge stated that his hands were tied because of the three strikes law, and the law would not allow the judge to look at the specific crime. This example follows the classical school of criminology that was developed over 200 years ago.

During the early 19th century, criminologists started to argue that the classical school of criminology does not differentiate between varying degrees of crimes. These criminologists were known as the positivists. The positivists believed that the punishment should fit the criminal, not the crime. Cesare Lombroso, Italian physician and psychiatrist, was a leader of the positivist theory. He believed that criminals were born, not made, and that crime was a matter of nature, not nurture. He conducted extensive studies, coming up with the argument that certain facial features were obvious signs that an individual was or would be a criminal. However, this theory became less popular for moral reasons and in favor of later theories focusing on environmental factors that contribute to criminal behaviour.