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
