Crime & Criminals: Early Theories Flashcards
What was sin and crime?
The distinction between sin and crime was blurred
This ^ gave rise to the confluence of civil and religious authority
Religious and political elites sought to silence rebellious people in times of social upheaval
Blaming social problems on the devil and other evil spirits was a means to achieve what two objectives?
- It diverted attention from the failings of elites and placed blame on individuals
- Those in power made themselves indispensable by saying only they could stop the devil
What was heretics and witches?
Heretics:
- Those challenging the status quo were branded as and subject to extreme punishment
Witchcraft:
- Those accused of practicing this were also subject to
extreme punishment
Ex. Salam Witch Trials (Massachusetts, late 1600s)
The accused were mostly women, especially independent
women not protected by a male
What were the Salem witch trials?
Series of trials in 1692-1693 in colonial Massachusetts
Where people, mainly women, were accused of witchcraft
Driven by fear and superstition, 20 people were executed, and many others were imprisoned
The trials ended when the Governor intervened, recognizing the injustice of the proceedings
“___________” were developed by Puritans
For ‘penitents’ who were remorseful
Jim and Tammy Bakker (1987)
the killing of doctors providing abortions (1990s)
Pat Robertson (2010)
American Family Association (2012)
What is the classical theory of crime?
Assumed that people are rational beings who calculate the consequences of their actions
Crime and deviance were not the result of supernatural force or demonic possession
Humans have free will
Humans are governed by hedonism (pleasure pursuit)
Behaviour guided by pleasure-pain calculation therefore people should be punished based on the proportion to the crime and be swift and certain
NOTE: goal is to deter crime by making the costs of committing a crime outweigh the benefits
Who was Marchese di Beccaria? (1738-1794)
The scholar most often referenced as a leader of the
Classical School of Criminology
Published ”On Crimes and Punishments’ (1764)
Wrote this at a time when the criminal justice system of
Europe was ruthless and brutal
= once released, the book caused significant excitement
Beccaria believed that to escape war/social chaos, individuals had to give up some of their freedoms; agree to criminal laws designed to govern them…
What were these? (9)
- Criminal laws should be restricted in scope
- Presumption of innocence
- Laws should be written and available
- Punishment should be based retributive reasoning –should be punished b/c they deserve it for the wrongs they have commited (based on justice & moral desert)
- Severity of punishment must be proportional to crime
- Punishment should fit the crime, not the criminal
- Punishment must be certain, and inflicted quickly
- Sentencing should not be concerned with rehabilitation
or setting an example - Offender must be viewed as reasonable person who
calculated his behaviour
What was capital punishment in Canada in 1859 compared to 1865?
1859:
- Murder, rape, treason, administering poison or wounding with the intent to commit murder, unlawfully abusing a girl under 10, buggery with man or beast, robbery with wounding, burglary with assault, arson, casting away a ship and exhibiting a false signal endangering a ship
1865:
- Murder, rape and treason ONLY
What are the 4 general purposes of prison? (David Milgaard (1969))
Highlights the issue of WRONGFUL CONVICTION
look in TEXTBOOK FOR THIS*
- Retribution
- rooted in idea of moral vengeance
- offenders deserved to be punished in proportion to they harm they caused - Incapacitation
- society has a right to protect itself from dangerous individuals
- physically prevent criminal activity from happening - Deterrence:
- discourage criminal behaviour - Rehabilitation
- positivist criminology
- individual reform
What was the criticism against the classical theory of crime?
- Crime still flourished and gross injustices ensued
- Equal punishments for the same crime
- Judges has no discretion
What is neoclassical theory?
Give some examples
Sought to address limitations of classical- school moved towards more flexibility in justice system including increasing judges discretion and individualizing sentences
Ex. Taking into account age, mental competence & motive
What is the positivist school?
Employed the scientific method to compare criminals and non-criminals
= to discover the etiology of criminal behaviour
Emphasized the body & mind of the individual
Who was Cesare Lombroso (1835-1909)?
What were ‘atavists’?
Referred to as the ‘father of modern criminology’
Applied Darwin’s evolutionary theory to criminals…
Criminals described as atavists (less evolved):
-atavists were ‘born criminals’
-stigmata (physical signs) included:
-sloping forehead
-face asymmetry
-excessive arm length
-abnormal sized ears
-jaw mal-alignment
’On Criminal Man’ (1876)
= emphasized brain pathologies as cause of
criminal behaviour
Cesare Lombroso applied his theory to identify what 3 different types of criminals?
- Robbers:
- small, shifting, quick-moving eyes, bushy connecting eyebrows, twisted or snub noses, and receding foreheads, & thin beards - Murderers:
- glassy, cold, motionless eyes, hawklike or voluminous noses - Women:
- less stigmata and less criminal & generally less prone to crime than men
- BUT women who do commit crimes were due to either inherent “biological” defects or extreme emotional states, such as jealousy or love = ‘crimes of passion’
Later Cesare Lombroso expanded his model and grouped offenders into what 4 groups?
- Epileptics:
- believed these people were more prone to commit crimes due to their mental state and the physical characteristics associated with the condition - Criminally insane:
- individuals’ actions were the result of psychological disorders rather than an inherent criminal nature - Criminals of passion:
- driven to commit crimes by intense emotions or circumstances, such as jealousy, love, or rage - Criminaloids:
- further expansion of his earlier ideas
- turned to crime due to social or environmental factors, such as poverty, bad upbringing, or poor education
- were not born criminals but became involved in crime due to external circumstances
Throughout Cesare Lombroso’s work, he did propose that environmental factors could contribute to criminal behaviour…
What were these?
It’s important to note, that he never abandoned the class of “_____ ________”
- Marriage customs
- Climate
- Sex
- Role of the church
- Role of the government
Born criminals
What were the 2 flaws in Lombroso’s theory?
What were the 2 contributions of positive school?
Flaws:
1. methodology
2. failure to include all criminals in work
Contributions:
1. While Classical theorists said that punishment should fit the crime
= Lombroso said that punishment should fit the criminal
NOTE: different treatments in the justice system
What was somatotype theory? (Sheldon 1950’s)
(Biological theories in the early 20th century)
- Ectomorph:
- phys traits- thin, lean body, fragile-looking
- person traits - introverted, shy & anxious
= LESS LIKELY TO ENAGAGE IN CRIM BEHAVIOUR
= MAY BE PRONE TO MENTAL HEALTH ISSUES - Mesomorph:
- phys traits- muscular, athletic build
- person traits - assertive, energetic & adventurous
= MORE PRONE TO AGGRESSION & RISK-TAKING
= MORE LIKELY PRONE CRIMINAL ACTIVITIES - Endomorph:
- phys traits- soft, round body high % fat
- person traits- sociable, relaxed & easygoing
= MORE PRONE ACTIVITIES PLEASURE & COMFORT
What was Goring’s theory (1903)?
(Biological theories in the early 20th century)
Compared ‘normal’ men to imprisoned men
Found that criminals had lower intelligence
That inferiority was the most important genetically mental transmitted trait
What was Hooton’s theory (1903)?
(Biological theories in the early 20th century)
Crime and physical characteristics
Same methodology as Goring; found that criminals could discerned both socially and biologically from non- criminals
Identified more stigmata in criminals: small ears, low foreheads
What was Goddard’s theory? (1912)
(Biological theories in the early 20th century)
Crime and intelligence
Researched the legitimate and illegitimate children of Martin Kallikak
= suggested feeble- mindedness and criminality were inherited
Later measured IQs of prisoners and found that prisoners were at or below the mental age of 12
(imbeciles)
What was the eugenics movement?
Sterilization of people with intellectual disabilities in Canada began in early 1900s disabilities in early 1990’s
Must recall that IQ tests have been shown to be culturally-biased
Evidence connecting intellectual deficiencies and criminal behaviour is weak
Who was Leilani Murr?
Leilani Muir was a Canadian woman who was wrongfully sterilized under Alberta’s eugenics program in the 1950s
Diagnosed with an intellectual disability, she was institutionalized and sterilized without her consent
In 1998, she received an apology and compensation from the Alberta government after discovering the procedure.
