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Crime and Criminal Policy > Revisions > Flashcards

Revisions Flashcards

1
Q

Crime - What?

A

No ontological reality

Look at the perpetrator

Look at the law

Look at the societal context

Crime Prism

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2
Q

The Crime Prism

A
  1. Harmfulness
  2. Extent of victimization
  3. Visibility
  4. Social response
  5. Social consensus
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3
Q

Moral Panic

A
  1. Initial Spark
  2. Suitable enemy
  3. Suitable victim
  4. Societal consensus

Additional characteristics:

  • Concern
  • Hostility
  • Consensus
  • Disproportion
  • Volatility

Good? Brings a new light. Moral entrepreneurship is not restricted to an elite

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4
Q

Denial

A
  • No story-telling
  • No easy apprehension
  • Lack of empirical data
  • Need of something tangible (or imaginable)

Literal Denial - Does not believe the facts
Interpretative denial - Believes the facts but gives it a different interpretation
Implicatory denial - Believes the facts but gives it different consequences

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5
Q

Scapegoating

A
  • Stereotypical group, defenceless
  • Crisis period for society
  • Against acts that offend social standards
  • Stigmata - Devil v. Angel
  • Target is subject to violence (social, physical, psychological, financial, legal…)
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6
Q

Criminal policy - Two kinds

A

Legal policies - As a reaction

Criminological policies - As prevention

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7
Q

Criminal policy - Other kinds of policies

A

Sociological - To help the criminal (or potential criminal) deal with his mental issues

Biological - To help the criminal via medication

Architectural/environmental - Limit the opportunities for crime by adapting the environment

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8
Q

Principle of Individual Autonomy

A

Each individual should be treated as responsible for his behavior

Factual - We are reasonable beings with free will
Normative - We have to be respected and treated as autonomous agents

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9
Q

Principle of Individual Autonomy - Duty to protect

A

The state has a duty to protect the freedoms or its citizens.

One’s freedoms should not be undermined unless it goes against someone else’s freedoms.

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10
Q

Harm Principle

A

Mill - The state may only criminalize behavior that causes harm to others or create an unreasonable risk.

What is harm? Individual harm and public wrongs

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11
Q

Public Wrongs

A
  • Not individual - Do not focus on the victim but on population in general
  • Sense of belonging, community
  • To protect democracy over attacks against it
  • Freedom is the result of self-control
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12
Q

Principle of Ultima Ration

A

Subsidiarity:

- Check both utilitarianism and retributivism

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13
Q

Principles of Criminalisation and Hate Speech - US

A
  • Needs a public element
  • Intent
  • Imminence
  • Likelihood
  • ‘True Threat’ doctrine - Virginia case (burning cross)
  • Intimidating speech must show clear intent
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14
Q

Principles of Criminalisation and Hate Speech - NL

A
  1. Is the utterance defamatory? Must address a group because of its characteristics, not just the group in itself
  2. Does the context nullify the defamatory character? Can also show it - Against ECHR
  3. Is the utterance nonetheless ‘unnecessarily offensive’?
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15
Q

Risk Society - What?

A

Our modern society can no longer control the risks it created.

No more distribution of goods but a focus on how to deal with the wrongs created by the system

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16
Q

Risk Society - Why?

A

The end of tradition - Individualisation and emancipation

The end of nature - Risks created by modernization

New risks - Invisible, irreversible, no social or geographical barrier

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17
Q

Culture of Control - What?

A

Social reform will reduce the frequency of crime

The state is responsible for the care of offenders and their punishment - So the state is also responsible for control

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18
Q

Penal Welfarism - What?

A

To take care of and protect citizens

To provide basic needs

To help people achieve their goals and their best

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19
Q

Penal welfarism - Shift

A

To preventive justice

From a social to an economical style of reasoning

3rd sector

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20
Q

Criminologies of control

A

Criminology of the other

Criminology of every day life

Against criminology of welfare

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21
Q

Culture of Control - Criticism

A
  • Assumption that increasing risk is a valid excuse to restrict freedom
  • Trades the freedoms of a minority against the security of a minority
  • More power to the state = more risks of abuse
  • Unclear definition of ‘security’
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22
Q

Terrorism - Definition

A

The deliberate creation and exploitation of fear through violence or the threat of violence in the pursuit of political change

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23
Q

Terrorism - Soft Tactics

A

Reaching out to the community - Educate and prevent

24
Q

Terrorism - Indirect incitement of crime - Ratopnale

A

Assumption that cognitive radicalization will lead to behavioral radicalization - Wrong! Not supported by data

25
Q

Terrorism - Direct incitement of crime

A

Because the offender is culpable

Because prevention of harm

Because protection of public order

26
Q

Indirect and direct incitement to Terrorism - UK

A
  1. If glorification of the commission or preparation of acts there must be emulation (or reasonable expectation of).
  2. Clear intent
  3. Dissemination of terrorist speech (propagation)
  4. Inchoate liability, regardless of whether there was an actual act
  5. Usually charged with reference to another terrorist offense
27
Q

Direct and Indirect Incitement to Terrorism - NL

A
  1. Public order offense of incitement to criminal acts
  2. Inciting, encouraging, requesting or suggesting.
  3. To an actual offense (but does not need to be precised).
  4. Considerable risk
  5. Clear intent
  6. For propagation of terrorist speech too
  7. Inchoate liability
  8. Usually charged with reference to another terrorist offense
28
Q

Determinism

A

The current state of the world is determined by its past conditions and the law of physics

29
Q

Free will

A
  1. Principle of alternative possibilities
  2. Ultimate source principle (causalism - since everything is caused by something else, my decision is not caused by me)
  3. Mental causation - Conscious will that you are the cause for your actions
30
Q

Incompatibilism

A
  1. Causal determinism is true (no alternative possibilities, no ultimate source)
  2. I need alternative possibilities and ultimate source for responsibility
  3. There is no alternative possibilities.
  4. There is no responsibility
31
Q

Libertarianism

A
  1. Causal determinism is true (no alternative possibilities, no ultimate source)
  2. I need alternative possibilities and ultimate source for responsibility
  3. There are alternative possibilities, free will!
  4. There is responsibility
32
Q

Compatibilist

A
  1. Causal determinism is true (no alternative possibilities, no ultimate source)
  2. I do not need alternative possibilities and ultimate source for responsibility
  3. There are no alternative possibilities.
  4. There is legal responsibility:
    - Only requires a general capacity for rationality
    - Morse - Reason, rationality and reasoned responsiveness
33
Q

Neuroscience - Consequentialism v retributivism

A

If free will does not exist than retributivism can not either.

Utilitarianism does not need responsibility to establish punishment - Humans as objects, not subjects

34
Q

Neuroscience - Green & Cohen v. Morse

A

Law is immune from Neuroscience:

  • It only provides evidence of brain activity, confirms what psychology and sociology have been saying
  • It will not change our moral and social standards
  • It can help us determinate them though
  • Should neuroscience be taken more seriously? Why would it?
35
Q

Brain Overclaim Syndrome

A
  • Overhyping the evidence of neuroscience
  • Finding the cause does not mean that everything can be excused - Psycholegal error
  • Mereological error - Reducing the whole person to just his brain
36
Q

Environmental Harm - Administrative dependency

A

Advantages:

  • Balancing of interests can be difficult in criminal law
  • Easier prosecution

Disadvantages:

  • More power to local administration (can determine what is to be defined as pollution + sanctions)
  • The administrative offense is punished, not the environmental harm itself
37
Q

Environmental Harm - Model I

A
  • Abstract endangerment
  • Environmental values protected indirectly
  • Administrative deviancy
  • No harm required
38
Q

Environmental Harm - Model II

A
  • Concrete endangerment
  • Administrative deviancy
  • Requires a threat of harm
  • Presumed endangerment - Could be dangerous
  • Demonstrated endangerment - Is dangerous (requires affirmative proof)
39
Q

Environmental Harm - Model III

A
  • Concrete harm
  • Administrative deviancy
  • Requires an actual environmental harm (usually by endangerment of health or property)
  • Problem of causation + long term effects
40
Q

Environmental Harm - Model IV

A
  • Serious environmental pollution
  • Crime!
  • Can not be allowed under any circumstances
41
Q

Prostitution - Prohibitionist

A

Punish all parties

Prostitution is deviant and criminal

42
Q

Prostitution - Abolitionist

A

Women are the victims of prostitution - They should be protected

Only criminalize 3rd parties

Side effects:

  • Big traffickers will not be dismantled
  • Underground displacement
  • International displacement
43
Q

Prostitution - Regulationist

A

Prostitution is inevitable - It should be regulated

It’s a regular job and should be treated as such

44
Q

Prostitution - NL

A
  • Prostitutes are strong independent entrepreneurs
  • After 2000, brothels are allowed
  • To control and regulate voluntary prostitution through municipal licensing
  • To combat forced prostitution
  • To protect minors
  • For the position of prostitutes
  • De-marginalise prostitution
  • Reduce level of prostitution from foreign women
45
Q

Preventive Justice

A
  • No institutional or structural changes, just social
  • More retributive, more punitive, victim centred, security minded, offense centred
  • To protect the victim, not help the offender
  • Harsher, more intrusive measures
  • Rights of the victim v. rights of the offender - Excluded from society and democracy
46
Q

Social to economic style of reasoning

A
  • Before social crime = social solution
  • Now we want value for money - ‘Smart sentencing’ to use less resources and achieve maximum effect (in terms of protection)
47
Q

Indirect incitement of crime - UK and GR

A

Proscription of organization.

48
Q

Indirect incitement of crime - NL

A

Difficult in NL because of FoA and FoE.

49
Q

Indirect incitement of crime - US

A
  1. Evidence of speech in support for a terrorist organization
  2. Knows that the organization is terrorist
  3. The utterances were formed in coordination with the organization
50
Q

Prostitution NL - Control and regulation

A
  • Insufficient capacity for the non-licensed sector because police is busy with licenses
  • Some do not want to license because of administrative barriers or taxes
51
Q

Prostitution NL - To combat forced prostitution

A
  • Police is busy with licenses

- Sanctions are difficult to execute, difficult to detect or calculate

52
Q

Prostitution NL - To protect minors

A

Minors went underground (Sneep case)

53
Q

Prostitution NL - For the position of prostitutes

A
  • Social position has not changed

- Not enough protection for women who want to get out

54
Q

Prostitution NL - De-marginalizing prostitution

A
  • Concentration

- Increased organized crime

55
Q

Prostitution NL - Reduce level of prostitution of foreign women

A

Increased instead but difficult to determine

Crime and Criminal Policy (1 decks)

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