who argued that criminals are by birth a distinct type
Cesare Lombroso Cesare Lombroso (/lɒmˈbroʊsoʊ/;[2] Italian: [ˈtʃeːzare lomˈbroːzo, -so]; born Ezechia Marco Lombroso; 6 November 1835 – 19 October 1909), was an Italian criminologist and physician, founder of the Italian School of Positivist Criminology. Lombroso rejected the established classical school, which held that crime was a characteristic trait of human nature. Instead, using concepts drawn from physiognomy, degeneration theory, psychiatry and Social Darwinism, Lombroso's theory of anthropological criminology essentially stated that criminality was inherited, and that someone "born criminal" could be identified by physical (congenital) defects, which confirmed a criminal as savage or atavistic. These theories do not have widespread support by scientists in Western countries.
Element (criminal law) All crimes require actus reus. That is, a criminal act or an unlawful omission of an act, must have occurred. A person cannot be punished for thinking criminal thoughts. This element is based on the problem of standards of proof. How can another person's thoughts be determined and how can criminal thoughts be differentiated from idle thoughts? Further, the law's purview is not to punish criminal ideas but to punish those who act upon those ideas voluntarily. [5]