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