L 6 early theories of crime 1 Flashcards

1
Q

pre-18th century theories of crim

A
  • inspired by religious beliefs + supersition.
    unusual phenomena due to evil spirits.
  • belief that pathology in human behaviour must be due to evil spirits
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2
Q

judeo-christian teachings offer 2 explanations for role evil spirits played in sinful behaviour

A
  1. 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
  2. possession: ppl who do wrong must be possessed by evil spirits.
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3
Q

2 objectives in blaming social problems on the devil

A
  1. diverted attention from failing of elites + placed blame on individuals who were “possessed”
  2. those in power made themselves indispensable by saying only they could stop the Devil
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4
Q

social upheaval pre-18th century

A

unexplainable events were occurring causing social unrest.

religious/political elites blurred the lines between sin + crime

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5
Q

those who challenged status quo -?

A

branded as heretics and subject to extreme punishment

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6
Q

inquisition + witches as scapegoat

A

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

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7
Q

the enlightenment

A

-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

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8
Q

enlightenment philsophers’ view of society

A
  • 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
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9
Q

Cesare Beccaria’s : Essay on Crime + Punishment

- said what?

A
  • 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
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10
Q

Roots of Classical theory + Enlightenment

A

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
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11
Q

new theory of causes of crime

A
  • 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.
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12
Q

theory of the “rational” criminal

A

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
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13
Q

specific reforms of the classical school

A
  • 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
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14
Q

reforms provided the foundation for modern criminal justice system:

A
  • equality before the law
  • guarantee of one’s right
  • establishment of fixed penalties
  • due process safeguards
  • separation of judicial + legislative systems
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15
Q

limitations of classical school

A

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.

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16
Q

mandatory minimum penalties/sentencing in canada

A
  • requires judges impose a specific type and minimum length/extent/severity of sentence to an offender upon conviction for specified criminal offences (unless crime has no MMS)
17
Q

debates about MMS not on test

- arguments in support

A

for: sentencing disparity (with MMS - reducing disparity); reducing judicial discretion; exercise public will in democracy

18
Q

MMS purpose

  • relates to what theory?
  • is it new?
  • mostly related to what?
A
  • “get tough on crime” approach
  • relate to positivist theory
  • not new, many more added over time.
  • many related to drugs
  • deter people from crime because consistent punishment for same crime
19
Q

debates about MMS

- argument against

A

against: constitutional concerns (against right from cruel + unusual punishment & right against life,liberty, security), ineffective at deterring crime (research shows bc unknown) ; disappearance of proportionality in sentencing (not one size fits all); no room for exceptions; cost (MMS - less likely to plead guilty; more trials are costly. with MMS - more in prison = costly) ; racial disparity; grounded in politics
prison = more likely to re-offend. college for criminals = more hardened.

most ppl thought MMS to some was too strict , unjust & need judges to be able to give lesser sentence that what’s applied by all.