Term 2 Lecture 1- Classical School Flashcards
What are the key readings?
Raymen, Beccaria, Carrabine
What are the key points from Beccaria?
‘Punishment should fit the nature of crime’
Punishment and the consequence of crime must have effectiveness on others and be lenient or society is not legitimate
Understanding of the laws can lead to reductions of crime
A schism can occur between those who are represented by the sovereign and those represented by the accused
The severity of punishment may not benetif others
What are the key points from Raymen?
The rich using their resources for protection against the other (Atkinson, 2008)
SCP measures have allowed detaching from others and increasing social inequality
Consumer capitalism and SCP: creating non places
SCP has allowed deterrents so criminal do not see them as easy targets (Hough et al, 1980)
What are the key points from Carrabine?
Classicism= explains crime as a free will decision to make a criminal choice
Christian view of crime= behaviour is due to depravity and sin of all mankind
Enlightenment views: reason, empiricism, science, universalism, progress, individualism, freedom, human nature, tolerance, secularism
Problems with the classical model: overly rational vision of human nature, regards crime a result from free choice, assumes individuals live in societies are organised fair
The criminal body: low forehead, prominent jaw and cheekbones
Lombroso- physiognomy
Positivist inheritance, the criminal (emotional or the born or the morally influence), criminals differs from others, criminal is driven through crime due to uncontrollable factors
The XYY, super male criminal
What is the pre-enlightenment era laws based on?
Laws were based on customs and were unwritten (based on personal interpretations)
What offences focus on in the pre-enlightenment?
Focus on protecting institutions like the royalty or the church rather than the individuals
What was society organised in?
Organised in classes where high status people were believed not to be naturally able to commit crime, the belief that they had a divine spirit meaning they weren’t able to commit crime
What were the concepts of crime associated with in the pre-enlightenment era?
The concepts of crime was not associated with wrong acts but was a spiritual understanding to be associated with the mind and soul of individuals, so corrupted souls needed cleansing
What was the punishment in the pre-enlightenment era?
Imprisonment as punishment was relatively rare, instead people were flogged, mutilated or killed.
When was the enlightenment era?
In the French Revolution
What ideas occurred in the Enlightenment period?
Ideas of what is immoral and individuality within the law
What key thinkers were associated with the Enlightenment?
Descartes, Rousseau, Smith, Kant
What did Rousseau say about why people act?
Due to a rational mind that leads them to different acts and the convenience within decision
What concepts were within the Enlightenment?
Rationality and intelligence
What is rationality and intelligence?
Humans are able to understand themselves and their actions. They act to promote their own best interests and hinged on punishment and retribution
How is punishment modulated in the Enlightenment period?
Around free will and responsibility (which act is most convenient). An act that is committed is due to a free, irresponsible choice
What does John Locke say about society?
Functional society needs to understanding that every individual that makes up the society needs to cohabit within a community
What does John Locke say about how to run a society?
We need to give up little things to live alongside others such as freedom
When does our freedom stop?
If we start harm others as we are free to a certain point
What is the Social Construct (1960)?
The state should protect citizens from greedy, cruel and unfair
What does Cesare Beccaria redefine?
The relationship between the forms of government and individuals
What does Beccaria say about government?
The government is not a domain of the higher classes (says that the higher classes should not be the only class that can exercise power on others)
What does the Beccaria ideas of government challenge?
That the monarchy is bestowed by God
What does Beccaria say about how to prevent chaos?
There needs to be a contractual relationship between the individual and the state (Hobbes and Rousseau)
What does Beccaria say about what to do when people don’t behave rationally?
The state needs to protect them from each other so that all people can live free from fear.
Who introduced the system of proportionality of crime?
Beccaria
What is the system of proportionality?
A scale of common crimes and theorised as to why different punishments should be given depending on the crime otherwise it is counterproductive as there is no incentive to not commit higher levels of crime
What should the law try to do according to Beccaria?
The law should make sure these common interests are met and government protects individuals & citizens voices represented
What are Bentham’s theories of acts?
Acts depend on pleasure and is a motivator of decision
Why do acts depend on pleasure?
As everyone wants to maximise pleasire and minimise pain
How should we think of crime according to Bentham?
We should think of the reasons why people commit crime being linked to pleasure
What should the state ensure with Bentham?
To reduce crime and ensure people stop committing crime as a result of wanting pleasure and use less punishment
What is morality not linked to according to Bentham?
Not linked to religion
What should punishment be based on according to Bentham?
Based on broader aims rather than individual acts
How should human action be judge according to Bentham?
To moral or immoral by its effect on the happiness of the community
What is the deterrence theory?
The pleasure/pain principle where punishment must be severe to offset the gains of crime after the crime occurs
What does the deterrence theory say about self-interest?
The self-interest to commit crime has to be thwarted by legal punishment so it is certain and proportional
How is the Panopticon important?
Due to punishment is not public and is isolated from society
What does Bentham say about prison?
Deterrence does not have to be public, the awareness that someone may be watching you is enough to stop acts, power shouldn’t be identified
What is the Panopticon?
The design of a prison
What occurs to the barriers within prison?
Breakdown of barriers between spheres of life (sleep, work, recreation)
What is important about the point of control in the Panopticon?
The prisoners are unaware of them being watched, the shift in how power was understood (according to monarchy)
What occurs in the Panopticon?
Exercising of discipline over every aspect of the inmates lives and daily tasks serve a larger goal of the institution
What is the disciplinary society?
How Foucault applied the Panopticon to write about punishment and discipline. Hierarchical power relationships are present such as with surveillance
What did the disciplinary society challenge?
The traditional ideas of authority and power (how power is distributed among others and is stratfied)
What are examples of contemporary classicism?
Rational choice theory, routine activity theory and situational crime prevention
What is contemporary classicism?
Understood as being a distinct discipline from traditional criminology
What is rational choice theory?
How individuals use self-interest to make choice
What factors impact crime in RCT?
Situational factors
What does RCT re-focus on?
How people think and detail of criminal decision making
How are choices made in RCT?
Made within a context of environment and opportunities
What does Cornish and Clarke, 1986, say
Rationality is important but bounded
What is routine activity theory?
Scholars ague that motivationis important but doesn’t always result in criminal behaviour
Why is crime committed in RAT?
Crime can be committed by anyone if they have the opportunity
What is the pragmatic approach in RAT?
Decrease opportunities to commit crime and crime will be reduced
What is situational crime prevention?
The individual is not sufficient to commit crime and is due to the environment as it can cause and deter crime
