Chapter 5 Flashcards
three basic forms of behavioural strictures imposed by social groups upon members (Sumner):
mores, folkways, law
behavioural proscriptions covering potentially serious violations of a group’s values
mores
time-honoured customs
folkways
acts thought to be wrong in and of itself
mala in se
act wrong only because it is prohibited:
mala prohibita
what is retribution?
act of taking revenge upon criminal perpetrator
early roman laws written circa 450 that regulated family, religious, economic life
twelve tables
three legal docs of the justinian code:
digest, code, institutes
what is common law?
law originating from usage and custom rather than from written statutes (non-statutory customs, traditions, precedents that help guide judicial decision making)
the major source of modern criminal law in English speaking countries around the world
common law
the foundation stone of our present liberties
magna carta
social mvmt arising during 17th century and built upon ideas of empiricism, rationality, free will, humanism, natural law
the enlightenment
human beings abandon their natural state of individual freedom to join together and form society; individuals surrender some freedoms to society and gov is obligated to assume responsibilities toward citizens
social contract (Thomas Hobbes)
blank state philosophy by:
John Locke
believed humans naturally born good, put forth notion of natural law (immutable laws fundamental to human nature)
Jean-Jacques Rousseau
what is positive law?
derives from human experiences and history, subject to continual change
rights that individuals retain in the face of gov action and interests
natural rights
criminological perspective rooted in enlightenment, promote rationalism, free will, punishment
classical school
Beccaria believed punishment was for ___ not ___
deterrence; retribution
hedonistic calculus/utilitarianism proposed by ____
Jeremy Bentham
prison designed by Jeremy Bentham to be a circular building with cells along circumfernce, each clearly visible from central location staffed by guards
panopticon
5 principles of classical school:
rationality, hedonism, punishment, human rights, due process
the application of sci techniques to study crime/criminals, reject free will
positivism
the belief that crime results from forces beyond the control of the individual
hard determinism
contemporary version of classical criminology emphasizing deterrence and retribution, reduced emphasis on rehab
neoclassical criminology
why was positivism undermined in 70s?
1) studies seemed to show offenders couldn’t be rehabilitated 2) growing public fear of crime leading to tougher crime policies 3) cultural reaffirmation of belief that humans have rational nature
neoclassical criminology focuses on importance of ____
character
1980s theory holding that criminality is result of conscious choice–ppl choose crime when benefits outweigh costs
rational choice theory
what are two varieties of rational choice theory?
routine activities/lifestyle theory, situational choice theory
what is central to routine activities approach?
crime likely occur when motivated offender and suitable victim come together when capable guardian is absent (ppl can increase or decrease risk of potential victimization)
brand of rational choice theory that views criminal behaviour as function of choices and decisions made within a context of situational constraints and opportunities
situational choice theory
situational choice theory is example of:
soft determinism
what is soft determinism?
human behaviour is result of choices made within context of situational constraints/opps
involvement vs event decisions:
multi-stage(long term) vs. particular instances of criminal opportunity (quick)
Weisburd took this approach to crime prevention
situational crime prevention (as opposed to focusing on criminal)
what is situational crime prevention?
social policy approach looking develop better prevention strategies through concern with physical, org, social enviros making crime possible (reduce opportunity to commit crime)
what is target hardening?
reduction in criminal opportunity for a particular location, thru use of physical barriers, architectural design, enhanced security
critique of rational choice theory?
disregard role of social factors, emotional states, substance abuse; results in displacement
what is displacement?
shift of criminal activity from one location to another
punishment purpose in neoclassical vs. classical
retribution and deterrence vs. just deterrence
notion that criminal offenders deserve punishment they receive at hands of law and that punishments should be appropriate to the type and severity of the crime committed
just deserts model
neoclassical writers distinguish between ___ deterrence and ___ deterrence
specific (prevent repeat criminality); general (prevent others from committing crime similar to offender being sentenced)
what is recidivism?
repetition of criminal behaviour
percentage of convicted offenders who have been released from prison and later rearrested for new crime or technical violation
recidivism rate
the legal imposition of a sentence of death upon convicted offender
capital punishment
10 claims of opponents to capital punishment:
1) doesn’t deter crime 2) no way to prevent accidental execution of innocents 3) human life is sacred 4) lowers society to same moral level as murderer 5) imposed randomly and haphazardly 6) imposed disproportionately on ethnic minorities 7) goes against most fundamental precepts of almost every organized religion 8) more expensive than imprisonment 9) internationally viewed as inhumane 10) better alternative
criminal punishment strategy mandates specified and fixed amount of time to be served for every offence category
determinate sentencing
collection of diff but related public policy stances on sentencing of those convicted of crimes in the justice system
truth in sentencing
selective vs. collective incapacitation
imprison certain individuals vs. removal of grps judged to be dangerous
critics of classical school say:
classical school lacks explanatory power over criminal motivation
