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25 Cards in this Set

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Major Principles of the Classical School:

-Humans are fundamentally rational. free will + rational choice = behaviour


-Pain and pleasure = key determinants


-Punishment is necessary


-Root principles of right and wrong, inherent


-Society exists to provide benefit


-forfeit some benefits to escape isolation


-governments that contravene rights should be disbanded


-Crime is immoral form of behaviour

What are the central concepts that define the classical school of criminological thought?

-Free Will


-Deterrence through punishment,


-Social contract


-Natural Law


-Due Process


-Panopticon

Which of those Classical concepts are still alive? Where do you see the evidence for the survival of those concepts?

1) Rationality - Free will and actions are a result of choice


2)Hedonism -Pleasure and pain, key determinants


3)Punishment - deterrent to crim behavior


4)Human Rights - Society = Individuals = society owes indiv respect for rights = not endangering others


5)Due Process- innocent until proven guilty

Name the various pre-classical thinkers identified in this chapter. What ideas did each contribute to enlightenment philosophy?

Thomas Hobbes - Social contracts


John Locke - Improved Social contracts, babies = blank slate, experience inscribes traits


Thomas Paine-Natural rights= guaranteed w/gov


Montesquieu - separation of power between gov


Rousseau -Natural Laws through reason/ Human law through experience

What form did those ideas take in classical criminological thought?

-Humans are rational beings


-Crime is excercise of free will


-Punishment is effective in reducing crime to the degree that it negates the pleasure

Who were the important thinkers of the classical school of criminology, and what heritage did their way of thinking provide?

Cesare Beccaria: Punishment be a deterrence more than retribution. Criminals have control over their behavior. Innocent until proven guilty.


Jeremy Bentham: Pain must outweigh the pleasure. Punishment must be sufficient for the crime, Hedonistic Calculus / Utilitarianism. Punishment is a deterrent. The Panopticon


Both: Crime provides pleasure and punishment is the way to prevent it.

The book emphasizes the theme of social problems versus social responsibility. Which perspective is more clearly supported by classical and neoclassical thought? why?

Classical Criminology supports the Social Responsibility perspective because it holds that individuals make rational choices with their free will.


Neoclassical criminology supports the Social problems perspective because it holds the belief that crime results from forces beyond the control of the individual. eg: Soft/hard determinism

How would you define recidivism? What is a recidivism rate? Why are recidivism rates so high today? What can be done to lower them?

Recidivism: The repetition of criminal behavior.

Recidivism Rate: The percentage of convicted offenders who have been released from prison and who are later rearrested for crime.

What are the policy implications of the classical school?What kinds of crime prevention and crime control programs might be based on classical principles?

Policy implications revolve around the idea of a rational offender punished by a system working purposefully toward the goal of crime reduction and prevention of recidivism eg. determinate sentencing, capital punishment, truth in sentencing.

What are the shortcomings of the classical school and neoclassical thinking about crime and punishment?

It represents a philosophy on justice rather than it does a theory of crime causation. Lacks explanatory power over criminal motivation.

Define Classical Criminology:

Holds that human beings are fundamentally rational, pain and pleasure are the two central determinants of human behavior, and Punishment is necessary to deter law violators and to serve as an example to others.

Define Neoclassical Criminology:

Holds that it is character and character development, as well as the choices that people make when faced with opportunities for crime, that determine criminal behavior.

Define Just Desserts:

Criminal offenders deserve the punishment they receive at the hands of the law. Should be appropriate to the crime committed.

Define Specific and General Deterrence:

Specific: Prevent a particular offender from engaging in repeat criminality


General: Prevents other from committing similar crimes like the crime the offender has committed.

Define Capital Punishment:

The legal imposition of a sentence of death upon a convicted offender.

Incapacitation:

The use of imprisonment to reduce the likelihood that an offender will be capable of committing future offences.

Displacement:

A shift of criminal activity from one spatial location to another.

Rational Choice Theory:

A perspective holding that criminality is the result of conscious choice and predicting that individuals choose to commit crime when the benefits outweigh the costs of disobeying the law

Routine Activities Theory/Lifestyle Theory

A brand of rational choice theory that suggests that lifestyles contribute significantly to both the volume and the type of crime found in any society

Situation Choice Theory:

A brand of rational choice theory that views criminal behavior as a function of choices and decisions made within context of situational constraints and opportunities

Retribution:

The act of taking revenge upon a criminal perpetrator

Mala in se:

An act thought to be wrong in and of itself

Mala Prohibita:

An act that is wrong only because it is prohibited

Mores

Behavioral proscriptions covering potentially serious violations of a group's values. Examples might include strictures against murder, sexual assault, and robbery

Folkways

Time honoured customs. Although folkways carry the force of tradition, their violation is unlikely to threaten the survival of the group.