L 6 early theories of crime 1 Flashcards
pre-18th century theories of crim
- inspired by religious beliefs + supersition.
unusual phenomena due to evil spirits. - belief that pathology in human behaviour must be due to evil spirits
judeo-christian teachings offer 2 explanations for role evil spirits played in sinful behaviour
- temptation : have free will, act the way we want. if devil tempts us, we should be strong enough to resist due to righteousness in beliefs
- possession: ppl who do wrong must be possessed by evil spirits.
2 objectives in blaming social problems on the devil
- diverted attention from failing of elites + placed blame on individuals who were “possessed”
- those in power made themselves indispensable by saying only they could stop the Devil
social upheaval pre-18th century
unexplainable events were occurring causing social unrest.
religious/political elites blurred the lines between sin + crime
those who challenged status quo -?
branded as heretics and subject to extreme punishment
inquisition + witches as scapegoat
inquisition was the transition from feudal system (with ultimate rulers) to capitalism ( dispersing power throughout)
- accused were women who were economically independent and lived alone. threat to male power. = witch hunts reinforced social hierarchy
the enlightenment
-scientific revolution caused a change in thinking = Age of Reason
- focus on systematic doubt, empirical and sensory verification of ideas. challenge + doubt the church.
= creation of scientific method. and ideas shifted from fanaticism and religious superstition
enlightenment philsophers’ view of society
- free and rational human beings
- people enter into social contract: obedience of ppl = protection and serving best interest by govt.
= limits on ppl’s power - contributes to movement thru europe to reform governance + criminal justice
Cesare Beccaria’s : Essay on Crime + Punishment
- said what?
- criticized the cruelty, inhumanity, and arbitrariness of the justice system.
- unjust + inhumane treatment of ppl was counter to ideals of Enlightenment
- social contract not realized
- calls for humanitarian reform
- resulted in Classical School of Criminology
Roots of Classical theory + Enlightenment
people voluntarily enter a social contract with the state.
- avoid state of nature = utter chaos
- give up some freedom for safer society
- state had to provide protection but could not violate the rights of citizens
- citizens required to obey the rules or face punishment
new theory of causes of crime
- people broke the law because it advanced their own interests.
- based on assumption that people are rational beings who calculate the consequence of their actions.
theory of the “rational” criminal
penalties deter people from breaking the law (criminality is unattractive, costly, penalized
- influenced by social contract, if respect justice system will follow + justice system must avoid excessive + unfair punishment
- punishment should fit the crime + should be proportional to the harm done to society = most effective deterrent + fairest way to punish. severe enough that there is less gain from crime.
- swift + certain
specific reforms of the classical school
- punishment fit the crime.
- no execution for minor offences
- criminal matters dealt with in public according to the dictates of the law
- reduce power afforded to judges
- laws accessible to all
- separate the lawmaking power of the legislature from the role of judges
reforms provided the foundation for modern criminal justice system:
- equality before the law
- guarantee of one’s right
- establishment of fixed penalties
- due process safeguards
- separation of judicial + legislative systems
limitations of classical school
premised on theory of deterrence : prevent crime by fear of punishment. (but changing penalties =/= effective in decreasing crime)
view of “free + rational human being” ignores realities ppl face (decisions constrained by situations. past-experiences influence, irrationality in circumstances)
equal punishments was problematic. - no discretion/flexibility. not equitable.