Midterm 2 Flashcards
The principle of
______ represented the core of the philosophy of the Classical School,
“let the punishment fit the crime”
Judeo-Christian teachings offer two powerful explanations for the role evil spirits play in crime
sinful behaviour: temptation and possession.
Blaming existing social problems on the Devil and other evil spirits was a means to achieve 2 objectives.
First, this diverted the public’s attention and blame from the elites
Second, those in power made themselves indispensable by arguing that they alone had the knowledge and
power to deal with the threat posed by the Devil
linking morality to rebellion, the authorities effectively prevented anyone
from…
challenging the status quo, and those who did were severely punished and said to be going against god
Classical School
Considered to be the first formal
school of criminology, associated with
18th- and early 19th-century reforms to the administration of
justice and the prison system.
Associated with
Cesare Beccaria,
Jeremy Bentham,
Samuel Romilly, and
others,
this school brought the emerging philosophy of liberalism and utilitarianism to the justice system, advocating principles of rights, fairness, and due process in place of retribution, arbitrariness,
and brutality.
Cesare Beccaria
Essay on Crimes and
Punishments.
much to focus the movement for humanitarian reform that was gaining momentum throughout Europe, for Beccaria was criticizing the cruelty and inhumanity that characterized the criminal justice system of his day
Classical theorists were based on a well-developed theory of the causes of crime:
people broke the law because they thought that doing so would advance their own interests. crime is a rational self interest and thought out activity that is not driven by evil influence.
unfair punishment was seen as a violation to the _____ by beccaria
social contract
With a new theory as to the cause of crime, classical theorists went about controlling it via ______
deterrence
the punishment should fit the crime and be proportional to the harm done
it should be swift, certain, and consequences understood
the law should be determined by the _____. Trials should be _______, and the role of the ______ was restricted to the determination of guilt
legislature
public
judiciary
crime,” Beccaria shifted the focus away from the
______ and onto the ______.
actor
act
flaw with Beccaria’s “punishment should fit the crime”
those with wealth and power shaped the law so reforms did little to help with the ownership of property
fines affected the wealthy less
did little to account for motive and mental competence
neoclassical theory
Neoclassical theorists sought to allow more flexibility in the justice system—for example, by individualizing sentences to take into account offender characteristics and extenuating circumstances. free will but based on circmastances
deterrence
As used in criminal justice, it refers to crime prevention achieved through the fear of punishment
classical theory had a simplified view of ___________
human nature
statistical school
Associated with early social scientists such as Adolphe Quetelet (1795–1874) and AndréMichel Guerry (1802–66),
began exploring European societies with the assistance of statistical methods. also developed a structural explanation of crime and other social problems (crime is related to the social structure, including the social conditions in which it occurs).
positive school
Cesare Lombroso and his followers were among the first to study crime scientifically.
They believed that crime was caused by biological factors beyond the individual’s control, and could be identified by physical appearance
though social factors became more important as this school of thought changed over time.
atavism
Cesare Lombroso believed that some people were born criminals. These born criminals were throwbacks to an earlier stage of evolution—atavisms—and were morally inferior to the rest of the population. Lombroso’s research focused on physical differences (stigmata) that could be used to identify atavisms.
stigmata
The physical signs that a person is an atavism.
lombroso’s types of criminals
born, occasional, epileptic, criminal insane, crimes of passion, criminaloids-those that did not fit into the other categories
indeterminate sentence
A sentence that has no fixed release date. Release is determined by a parole authority based on the individual’s behaviour incarcerated for “the sake of society”
early 20th century biological
Related criminality to several types of theories of biological inferiority, including intelligence and body shape.
Goring, Hooton, Sheldon, and Goddard
issues with binary approaches
if you believe one side then you are automatically opposed to the other, also can oversimplify topics and miss nuances
logical consistency
not holding ideas that contradict themselves
if you believe that people should be held responsible for their actions, you also have to believe that they have free will and chose to act the way they did
“mixing and matching”
can’t just pick and choose values
if you believe in free will, you can’t also believe that it is society’s responsibility to make sure people make wise choices
what is a theory
Set of verifiable principles about a thing or behaviour. a tool that helps us understand things, intersectionality helps us see and understand how overlapping marginalized aspects affect people
Pre-Enlightenment Theories of crime
inspired by religious beliefs and superstition, spirits and magic that could alter human behaviors
demonology
everything that happened was a result of good and evil forces, lead to hard punishments as crimainals were also seen as going against god
2 main explanations-temptation and possession
could be used by the upper class to silence people
temptation
-Humans have free will and can choose their behaviour.
–However, the Devil tempts; righteous believers are told they can resist the Devil through their faith.
– Those who are sinful are weak and morally inferior.
possession
– Wrongdoers are possessed by evil spirits and no longer able to choose between good and evil.
– Evidence of guilt determined through trials is intended to differentiate between the righteous and the sinner.
– Severe and often fatal methods used to rid a person of such spirits.
blaming social issues on the devil served 2 functions
• 1. It diverted attention from the failings of elites and placed blame on individuals who were “possessed” by the Devil.
• 2. Those in power made themselves indispensable by saying only they could stop the Devil.
pre-enlightenment, people challenging the status quo were branded as…
heretics, questioning god
witches were independent women that men were threatened by
The scientific revolution brought during the Enlightenment caused a change in thinking
• The focus pre-enlightenment was dependent on systematic doubt, and empirical and sensory verification of ideas.
• Ideas shifted to naturalistic explanation based on reason and the scientific method (observation)
The scientific revolution brought during the Enlightenment caused a change in thinking
• The focus pre-enlightenment was dependent on systematic doubt, and empirical and sensory verification of ideas. so those in power could stay in power with the divine right of rule
• Ideas shifted to naturalistic explanation based on reason and the scientific method (observation), understanding that an apple falls bc of gravity (physics) rather than bc god said so
departure from demonic theory- crime was the result of _______ and not possession
free will
Beccaria’s proposals
-the legislators made the law, not judges
-no right to torture
-all people held accountable
-public trials
-the goal of punishment is prevention
-no death penalty
-education prevents crime
beccaria and the social contract
-social contract with the state: give up freedom for safety,
-state upholds security and cannot violate the rights of citizens,
-obey the rules or face punishment
arguments of the social contract, 4 steps
- people are hedonistic and rational
- war of all or against all
- entering into the social contact
- giving consent to be governed as such
classical theory- crimes could be prevented if…
punishments were:
swift-happens close enough to the crime to deter
certain-sense that one would be caught
greater than the pleasure of the action
the exemplary
punishing someone harshly to make an example out of them so others don’t commit the same crime, function of deterrence
3 types of deterrence
general-deters everyone
specific-deters a specific person
restrictive-assuming a crime will occur and attempting to prevent it
general deterrence
general- goal is to deter many by making punishments known publicly
specific deterrence
specific-if someone was let off the hook the first time and end up back in court, they themselves will specifically get a harsher punishment to deter THEM
restrictive deterrence
restrictive-attempts to stop crime before thy can occur with things like cameras, police presence, drive safe trucks, etc
lombroso and the positive school
using biology to explain criminality, including:
• physique and crime ~ body type theories
• mental deficiency and feeblemindedness
• XYY Chromosomes and Criminal Behaviour
• Psychological Models of Deviance
beliefs of the positive school
-believe in progress, society can be perfected, individuals are not the issue, the system is
-assume body and mind differences between people
-punishment should fit the individual, not the crime, no set punishments
-the CJS should be guided by scientific experts who are trained and have merit
-assume criminals can be treated, rehabilitated, corrected, reintegrated, with the intent to perfect society
assumptions of classical theory
-no mind body differences between offenders
-rational calculating offenders
-people are hedonistic
-deterrence is the dominant mode of punishment
lombroso
-often discredited, seen as the father of modern criminology
-“people became criminals because they were born out of sync with social evolution.”
the idea that criminals were “throwbacks” and “less evolved”, big old yikes take-atavism
different types of offenders had different stigmata
ex, robbers had smaller shift eyes
women had more stigmata and were more primitive but less criminal bc of their “womanly instincts” and lack of passion
Physiognomy
making judgments about people’s character based off their appearance
criminal traits-small ears, bushy eyebrows, small noses, large lips