Non-sociological Explanations of Crime Part 1 Flashcards
What was the explination behind Criminal behaviour pre-1600:
Thought to be caused by demons, evil spirits, “force of evil”
What ideas were connected to criminal behaviour
Ideas were connected to religious doctrine
(. the written body of teachings of a religious group that are generally accepted by that group)
What is Magna Carta
the first document to put into writing the principle that the king and his government were not above the law.
What was the Magna Carta a foundation of
-modern laws and procedures in English law
-civil liberties in many countries around the world
The Enlightenment (late 1600s – early 1700s):
What were the characteristics of criminology
- gave rise to new ways of thinking about crime
-stimulated practical reactions to the treatment of offenders and the mentally ill in asylums. ( more humane treatment to prisoners)
This period started to think of humans as rational beings (I think therefore I am)
The Enlightenment; Thomas Hobbes
What was Leviathan (1651) “natural state” of humanity
nasty, brutish, and short
First principle of human behaviour is
egoism (not normal to limit our freedom, “How do I make sure I survive”
Fear of violent death acts as a force on human beings to enter into
a social contract with each other and leads to the formation of the state.
How do members of society get protection from the state
must give up their natural rights and give absolute authority to the state
Giving up natural rights is unnatural, so why do we do it?
Unnatural but rational; everyone is selfish therefore no social contracts = chaos
What period was rationalism
late 1600s
The idea that people were self-determining entities.
Rationalism
What is the belief of Rationalism
Belief in the scientific method and in rational thinking
What did John Locke assume
Assumed people were born “blank slates”.
And people were nurtured to violence/ crime
What did John Locke believe state had to provide?
Life, Liberty, Health
(Rationalism)
Free will and rational thought =
the basic building blocks of human activity and social organization
Aim of The Classical School of Criminology
Late 1700s
Aimed at changing the system of retribution punishment
Cesare Beccaria’s ideas on punishment
- Believed punishment should equate to justice
ex. Adultery = wearing red A
-be swift and certain
-fit the crime
-be for the purpose of deterrence - Individual: stop criminals from re-offending
- General: stop others from considering criminal behaviour
If people are rational thinker then what stops them from doing criminal activities
People are rational thinkers & if they know their punishment they will not commit a crime
Beccaria’s ideas on Juries
-efficient and fair
-combined of those who knew the victim and those who knew the accused
Beccaria’s ideas on Criminals
-are rational, free-willed decision-makers
-can be deterred by the threat of punishment.
Jeremy Bentham’s ideas and what was he involved in
- Humans are rational actors.
- Involved in prison design – the Panopticon (1799)
What movement was Bentham a part of
Part of Utilitarianism Movement: The greatest good for the greatest number of people.
Bentham’s idea on society
Society should be based on the social contract.
Bentham’s idea on punishment
Punishments for purpose of deterrence:
need to be severe, certain, and swiftly applied.
Bentham’s idea on judges
should have limited discretion in passing a sentence which should be about equal to the crime
What did John Howard do
- Wrote “The State of Prisons” (1777)
- wanted to reform and humanize European prison systems
- The John Howard Society today acts as an alternative to punitive crime measures
How was the European prison system corrupt and inhuman
Prisoners would go in for debt but they acquire debt for lodging in the prison which in turn gave them more debt. And the conditions were horrendous
How did the Classical school influence the social policy of the mentally ill
- Earlier in history mentally ill left to roam freely.
-During Industrial Revolution, thrown in prisons along with criminals, poor and undesirables.
-Mental asylums were created as a better alternative, “liberating,” with more moral and humane conditions than in prisons.
( doesnt take into account you might not be criminally responsible but mentally incapable AKA lack of mens rea)
Influence of The Classical School ( First 3 points)
-Free will
-Concept of utilitarianism
-Civil rights and due process
Influence of The Classical School ( Second 3 points)
-Rules of evidence and testimony
-Accountability for one’s misdeeds
-Determinate sentencing
Influence of The Classical School (Last 3 points)
-Swift justice and certain punishment
-Use of threat of punishment as a deterrent
-Rejection of capital punishment
-Can only operate in a society where property is equally distributed
-Criminal responsibility:
Is everyone capable of rational thinking?
Does everyone have free will?
-No consideration for mitigating circumstances
What are these statements referring to?
Criticism of The Classical School
What does Neoclassism consider? (4 points)
-physical and social environment where crime occurs.
-offender’s past record.
-children - less capable of making accountable decisions than -adults.
-issues of mental illness.
What does Neoclassism highlight in crimes
deterrance
