Week 2 - Classical Criminology Flashcards
Classification of theories: theoretical paradigm
- Classical/neoclassical
- Earliest, 17 th century
- Died out in 20 th century until mid 70s - rebirth
- Positive/positivism
- Largest area
- Conflict/critical
- 60s application of Marx
- Integrated
Pre-classical views of crime
spiritualistic approach attributes crime to supernatural causes, such as demons or divine punishment. Responses were often brutal, including torture and exorcism.
Crime as a sin against a god given natural law
How was guilt determined in pre-classical views of crime?
Guilt was determined through ordeals, such as torture by water or fire. The belief was that divine intervention would reveal the truth through these brutal methods.
What were the Salem witch trials?
The Salem witch trials took place in Massachusetts between 1692-93, where more than 200 people were accused of witchcraft, leading to 19 executions by hanging.
the Enlightenment
- Presitge of science in the society
- Religious fanaticism as the greatest evil facing society
- Religious toleration in any truly civilized government
- Human rights enshrined in laws
- Focus on pleasure of the world
- Started in western europe
Thomas Hobbes
- Leviathan 1651
- One of the earliest and most powerful voices of the enlightment
- Developed social contract
- All part of a society – no right to take revenge
Shared beliefs of enlightenment
- Social contract
- We each pay and give part of our freedom, in exchange state protects us
- Democracy
- Right to participate in government
- Right to liberty and happiness
- Free will and rational choice based on costs and benefits
- Free will – can do anything you want, but make rational choices
What were Cesare Beccaria’s ideas on criminal justice?
Beccaria advocated for no arbitrary judges, equal punishment for the same crime, no torture or secret accusations, and opposed the death penalty. He emphasized that punishment should be swift, certain, and proportional.
Beccaria and western criminal justice system
- Profound impact on most of CJS around the world
- Public nature of canadian and US justice system
- Emphasis on deterrence
- Due process and individual rights
- US bill of rights, charter
Neoclassical school
- Takes into account the intent (mens rea), and individual circumstances
- We have bounded rationality and limited free will
- Mitigating and aggravating circumstances
- CJS today
- New development of classical perspective
What is deterrence theory in criminology?
Deterrence theory suggests that crime can be prevented if punishment is certain, swift, and severe enough to deter offenders. Modern deterrence also considers informal societal punishments.
Measures of deterrence – how do we know it works?
- Objective: arrest rates, maximum sentences
- Perceptual: subjective perception of legal sanctions, knowledge about them, moral
attitudes - Pogorsky 2002: acute conformists, incorrigible offenders, deterrable offenders
Informal deterrence
How society punishes, not the criminal justice system, having something to lose
Three strikes and you’re out
- Assumes offenders will make a rational choice and not commit a 3 rd felony
- Started to put people away for 25-life for non-violent crime: disproportionate punishment
Didn’t even know about the laws
What is rational choice theory (RCT) in criminology?
make decisions logically by weighing costs and benefits
Focus on rational motives of perpetrator
- Jack Katz added pleasure as a motivation
- Joy, satisfaction, control
- Micro level approach
- Focus on personality, choices in perpetrators mind
- Bounded rationality
- Take into account extra factors
- Prevention in addition to punishment
Crime specific focus and displacement (RCT)
Displacement: will find another victim, place etc to do the crime
- Don’t deal with crime, displace it to another area
- Doesn’t work with specialties
Choice structuring properties
- Domestic gas account for 50% of all suicides in England
- Detoxifying the gas led to a 35% decline
- Toxic gas wasn’t painful, had little preparation, easy opportunity to do it
What is routine activities theory in criminology?
Routine activities theory posits that crime occurs when a motivated offender, a suitable target, and the absence of a capable guardian converge in the same place and time.
What is the role of theory in explanations?
Theory is a sensible way of understanding something and relating it to the entire world of information, beliefs, and attitudes.
What was compurgation in early criminal justice?
Compurgation was a practice where the accused gathered 12 people to swear to their innocence, evolving into testimony under oath and trial by jury.