crim theory Flashcards
what does a good criminological theory have? (9)
-Is logical and consistent (premise must support conclusion) e.g. working for metro police and you install cameras and see through walls, high visibility for skytrain stations to deter criminals.
-Is based in some sort of empirical evidence (using this evidence, if criminals/potential criminals see this they are less likely to make crime bc they know they’re being watched)
-Is testable (measured) → test the crime rate
Short, sweet and simple (parsimonious)
-“Higher visibility = less crime”
-Holds up to testing, scrutiny, and new development
-Is (relatively) universal and/or generalizable (or at least aware to the extent that it is or isn’t).
-Helps us understand how and why crime occurs
-Can lead to real world change/policy both large and small
why is it important to develop, test and refine criminological theories? (7)
-Can directly influence policy
-Can lead to more effective law enforcement and crime prevention
-Can influence laws
-Can call attention to inequalities, inefficiencies, or ‘errors’ in the criminal justice system (flaws of CJS)
-Can influence and inspire scientific development
-Can call attention to nuanced social, bio, and psychological issues
-Can challenge incorrect assumptions of the media/general public
pre-classical approaches to crime?
-pre 18th century
-seen through spiritual, theological or other divine explanations where religion was the first point of reference
-not typically seen as a choice or a result of free will
-assumptions: possessed by evil demons/spirits (demonology) or to the temptation of evil, criminals were born evil
-criminals often interrogated and tortured to draw confessions also violently executed with no attempts for restitution
-no laws or safeguards to protected the accused
–> very arbitrary and not rational in dealing w/crime (weight of punishments were the same throughout all crimes
classical school history?
-arose out of Enlightenment ideals/thinking (roughly 17th century
-a time of significant social, political and scientific change
-primarily interested in reform and in challenging old assumption abt crime and criminals
-based on the work of cesare beccaria and jeremy bentham
-criminals are endowed with rationality and free will
what is hedonism?
-humans are naturally conditioned to pursue pleasure (while avoiding pain)
utilitarianism?
-decisions at both the individual and the state/governmental level are to be made with the intent of:
-Creating the most amount of good or pleasure
-Creating the least amount of pain and suffering
Ex. trolley problem
work of jeremy bentham?
-rationality and deterrence
-decision on committing a crime is rational based on logical weighting of costs/benefits
-punishments should best achieve deterrence
-saw extreme and brutal punishments as unnecessary evil
-Bentham’s panopticon: “ideal” prison in a circular fashion with a guard tower in the middle and “deters” criminals because they could be being watched
works of cesare beccaria?
-Argued against the use of torture, violent interrogation techniques, and the death penalty in general
-Under social contract, the state/church should not have the right to torture/kill citizens or to punish criminals without due process (fair trials, high amounts of evidence,..etc)
-Punishments should be proportional to the crime (and not the person committing it).
-Focus on prevention rather than punishment
basis of modern CJS?
-Innocent until proven guilty
-No cruel and unusual punishments
-Clear and well-defined possible punishments for each crime (precedence, well defined parameters)
-The law as an equally applied system (no one is ‘above the law’)
-The concept of mens rea and criminal intent (actus reus)
-Free will, rational choice, and individual culpability
-Deterrence based models while challenged by some are still more or less the standard in the western world
-Serves as the basis for modern choice-based theories
choice-based theories of crime
-Largely based on the assumptions of the Classical School
-We have free will, we make calculated decisions based on the hedonistic principle,etc…
-Also inspired by the economic theory (‘neo classical economics’)
-Cost benefit analysis
-Focussed on the choices made in the present moment (rather than past experiences, environmental factors, etc)
-Criminals are not pushed or pulled toward crime, rather they are active, rational, and choice making participants of crime
-One may choose to commit a crime in one situation but not in another (even if they are quite similar)
rational choice theory
-Based largely on the work of Cornish and Clarke (1986)
-There are costs and benefits to every action:
-When the anticipated benefits outweigh the perceived costs, we will typically take the action (including crime)
-Therefore criminals can be considered ‘rational’ actors (even if we don’t agree with their actions)
-We are all capable of committing ‘crimes’ under this approach (and many of us do)
modern criminological theory
-Began developing in 20th century
-Builds upon Classical and Positivist Schools
-New tech, access, sources of data, allowed for these old approaches to be viewed in a new light
-Still a widely contested field with no academic conscious on what theory is ‘best’ or the most universally applicable