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52 Cards in this Set

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earliest theories of crime
(pre 1600's)
-crime was equated with sin
-evil spirits and supernatural forces
punishment of the early theories
-harsh (torture, capital punishment) b/c it threatened religious and social order
Demonic theories
-deviant behavior happens in 2 ways:
a. temptation
b. determinant
temptation
-seduced by temptations
ex. adam and eve eat the apple
determinant
-a possessed person, taken over by the devil
classical theory
-part of the philosophy of the enlightenment, specifically the social contract theory
departure of the demonic theories
-(the classical theories)
-crime is the result of free will not posession of outside forces
Beccaria's 4 steps of the social contract
a. people are hedonistic and rational
b. the war of all against all
c. entering into the social contract
d. giving consent to be governed such
Beccaria was on the Vatican's banned list until what year?
1962
the basic assumption of the social contract theory
-that humans ought to be free
hedonistic
-avoid pain, go for pleasure
how two self interested ppl interact
(social contract theory- stage 2)
a. if there are scarce resources: conflict (hedonistic)
b. if there is no escape: rational
stage 3 (social contract)
-ppl make a contract to not fight to better the all
stage 4 (social contract)
-b/c ppl will be hedonistic, we need:
a. a gov't
b. give up rights to live in a peaceful society
classical theory punishments
-must be severe enough to deter, but not too harsh
-enter Bentham
Bentham's idea of punishments for crime
crime could be prevented if punishments were:
a. swift (asap after crime)
b. certain
c. slightly greater than the pleasure gained from the action
Bentham's calculus
if a thief gained X units of pleasure from a crime, to deter a crime, we would need X + 1 units of pain
the modern legacy:
successful deterrance is a function of:
a. certainty of punishment
b. celerity of punishment
c. severity of punishment
d. knowing the punishment will occur
5 types of deterrence
a. absolute deterrance
b. cross deterrance
c. general deterrance
d. specific deterrance
e. restrictive deterrance
common features of the positive school
a. perfectibility of society
b. body and mind differences
c. punishment should fit the individual
d. CJS guided by scientific experts
e. criminals can be treated, rehabilitated, corrected, reintegrated
when did eugenics begin
late 1910's
CJS
criminal
justice
system
scientific experts
social workers, psychiatrists...
eugenics theories
-progress through social and biological engineering
who were defects
(eugenics theory)
-defective in mind
-a product of improper breeding
-made inferior through biology
Lombroso's ideas of how ppl become criminals
-ppl are born out of sync with social evolution
-influenced by: Darwin, Lavater, Gall
Charles Darwin
-survival of the fittest of ppl with a slight advantage
Goddard
-fudged his work
Lombroso: Physiognomy
-criminals have:
a. small ears
b. bushy eyebrows
c. small noses
d. large lips
Lavater
-criminals have shifty eyes, weak chins, and arrogant noses
phrenology
-study of the external characteristics of a person's skull, bumps on the brain indicate lower brain functions
most eminent phrenologist
-Gall, Spurzheim was his student
atavistic stigmata
-criminals can be identified through physical features
Lombroso identified 5 atavistic stigmata
a. bumps on the head (phenology)
b. big jaws
c. strong canine teeth
d. protruding jaw
e. arm span bigger than height
*or the presence of tatoos
XYY
-since Y is the male chromozome, XYY must be supermales
positivism vs. classicalism
-positivism uses social sciences
-classicalism uses natural sciences
scientific melody
a. objectivity
b. reliability
c. validity
the Lambrosian Fallacy
-the lack of using a control group for comparison
forensic psychiatric services & the CJS
a. pre-conviction
b. pre-sentence assessment
c. sentencing
2 parts of the pre-conviction stage in the CJS
1. fitness assessment (state of mind at the present)
2. criminal responsibility assessment (state of mind at the crime)
2 components of criminal insanity (aka criminal responsibility)
a. responsibility (mens rea, actus rea)
b. mental disorder
3 influences of the concept of insanity
a. legal system
b. psychiatric system
c. societal influences (gender, records)
mental disorder defence
must have:
-a mental disorder
-appreciation
-knowing
possible verdicts in regular criminal cases
a. not guilty (no mens rea, nor actus rea)
b. guilty (mens rea and actus rea)
possible verdicts in mental disorder defences
a. guilty (mens rea and actus rea)
b. Not criminally responsible (NCR) (no mens rea)
dispositions in mental disorder defences
-see a board of review annually:
a. detained in a hospital
b. discharged to a community
c. absolute discharge
somatotyping (Sheldon)
-theory based on tissue layers, embryology, and physiology
3 physical and temperament types
a. ectomorph
b. endomorph
c. mesomorph
endomorphic
-extroverted, tendency to put on fat
mesomorphic
-somotonic temperament, predominance of muscle
* most commonly seen as criminals*
ectomorphic
-cerbrotonic temperament, lean and fragile body
biological factors in psychopathy
-hereditary
-ANS differences
-lack of frontal lobe functioning