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9 Cards in this Set
- Front
- Back
Pre-Classical Explanation (THEOLOGICAL)
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Theological World View; Good vs. Evil; Demonological explanation of crime; Supernatural Forces
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1700's Enlightenment (HUMANIST)
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Strong objection to harsh criminal justice system; Objection to Theological World View; Emergence of Worldview; Humanist; Human reason and experience
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(2) Enlightenment Doctrines
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Social Contract = Underlying contract contract between government and citizens; Free Will = all men are rational and free, those who choose to violate social contract, government has duty to punish these individuals.
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Classical Criminology (BECCARIA)
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Subscribed to Doctrine of Social Contract; motivated by self-interest; live in peace & prosperity.
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Proposed Reforms (Classical Criminology)
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Laws should be created by representatives of people; Legislators should set punishments; Limited role for judges
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Nature of Punishment
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Necessary to maintain order; serve social purpose; Deterrence; No net profit from crime; Punishment should not be too excessive; Certain and Swift punishment
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Deterrence Assumptions
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People motivated by self-interest; People are rationed, choose behavior; People calculated cost & benefits of crime before choosing.
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Deterrence Criticisms
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Fails to protect which dimension of punishment has strongest impact; Fails to recognize how dimensions of punishment interact with crime; Predicted direct linear relationship; Assumes all crimes are open to rational calculation
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(2) Types of Crimes
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Instrumental (rationally thought-out)
Expressive (emotionally reactive, instantaneous) |