L7 Theories of crim Flashcards
neoclassical theory
- addresses criticisms of classical school
- more flex in js : individualizing sentences to take into account offender characteristics (age, competence), mitigating circumstances (parent stealing bread to support =/= steal laptop for fun), motive
approaches to youth criminality - in federal law (3)
juvenile delinquent act: youth not treated like adult offender; reform, social welfare-based
young offenders act: relied on assumption that young offenders are hedonistic + responsible for their own actions
youth criminal justice act: grounded in the notion that youth are responsible for their actions
positivism
belief that crime was result of natural causes that could be discovered through scientific methods
- behaviour can sometimes be altered
- rejected classical school ideas that ppl were rational beings. behaviour has many factors
- behaviour due to biological, psychological factors + social factors
the positive school - biological factor
- used scientific method to compare criminals + noncriminals
- crime was biological beyond individual control
- accepted at time bc: scientific support, blamed individual offenders, not society = appealed to ruling class
Lombroso and the Positive school
- what did he do?
- what did he find?
- theory he used?
- conclusions?
bring scientific measurement to crime + criminals.
- observed physical differences between criminals + non-criminals + those with mental illness (criminals = more likely with tats) = born to be criminal
- Darwin’s evolutionary theory to criminals who were deemed atavists (less evolved)
born criminals can be distinguished by stigmata: physical signs
stigmata of offenders
- diff offenses =diff stigmata. robbers had small, shifty eyes.
- arms span is longer than height. closer to apes
women had fewer stigmata = closer to primitive origins (lack passion, closer to maternal origin)
- tats, pronounced jaw, prominent eyebrows, etc.
- didn’t stand up to scientific scrutiny
Lombroso’s students
garofalo: psychological traits cause them to commit crime. pro-death penalty
ferri: life conditions drive criminal involvement “ cannot be held responsible for crime bc do not choose to commit crime”
contribution of positive school
- punishment should fit the criminal
- born criminals incarcerated to protect society: treated leniently as they have no control over their behaviour
biological theories in 20th century: Goring
Goring: compared “normal” males with English convicts
- no physical diff
- criminals had lower intelligence = argued that genetically transmitted trait for criminals was mental inferiority
- flawed methods
bio theories in 20th centure : hooton
criminals were socially + biologically inferior.
- found new stigmata differentiating criminals from others
- advocated for segregation of “physically, mentally, morally unfit individuals”
- discredited scientifically
bio theories in 20th century : sheldon
somatotype theory:
ectomorph: tall, lean
mesomorph: shorter, more muscle
endomorph: thicker build, shorter.
- - diff body types/builds assoc with diff personality traits.
- mesomorphs (muscular + aggressive) more likely to be involved in delinquent/criminal behaviour
bio theories: inherited criminality + intelligence
dugdale: crime gene within fam that has high crime rate.
goddard’s research on legit + illegit offspring: ther were differences.
IQ and crime
extremely weak and largely contested.
- assuming biological differences can turn into rationale for differential treatment.
eugenics in alberta
- sterilization
gov’t passed sexual sterilization act
- mentally deficient were sterilized.
amendment 1937 = no consent necessary, applied to those incapable of intelligent parenthood.
* ab and bc did this. ab did it 10x more
forced sterilization of aboriginals + other factors
easy targets for new amendment esp with regard to being thought to be incapable of intelligent parenthood.
- related to board of eugenics related to social class, gender, ethnicity - no genetic condition considered
Leilani Muir - sterilization
1955 commited to school for mental defectives.
- low IQ, polish-irish (seen as deviant) background, catholic, presumed incapable of intelligent parenting = sterilized. sued + won.
what is juvenile delinquent act
1908
- youth not treated same as adult
- reformative, social-welfare (help to deal w enviro circumstances that may be producing criminality
what is young offenders act
1984
- assumption that young offenders are “hedonistic and responsible for their own actions”
- self-serving.
- considered too lenient*
what is youth criminal justice act
- grounded in the notion that youth are responsible for their actions.
- deter youth from crime*
what Lombroso would measure in ppl in prison vs others.
skull
jawlines
length of the arm
what did Lombroso do right?
- studied large groups
- compared to control
- brought scientific method to criminology
what about Lombroso’s thoughts are wrong?
- all in jail are criminals
- all out of jail are not criminals
what is eugenics perspective
only those who are able, capable, and of sound mind should reproduce. otherwise tax money will have to deal with “defectives, criminals”
- forcefully prevent those ppl from having their own children.
