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68 Cards in this Set

  • Front
  • Back

It is a set of concepts linked together by series of statements to explain why an event or phenomenon occurs

Theory

An act committed or omitted in violation of public law

Crime

Terms Related to Crime: (punishable by)

Offense - special laws; Republic


Felony - revised penal code; articles


Misdemeanor - city ordinances


Sin - against the bible


Status Offense - for juveniles and insane people

Crime Mala Inse

evil in itself

Crime Mala Prohibita

evil because prohibited

Deviance

a violation of social norm; immoral than illegal

Tabula Rasa

Blank slate

Definition of Criminal based on Legal, Sociological and Psychological terms

-A person who committed a crime (legal)


-A person who violated a social norm (Sociological)


-A person who violated rules of conduct (Psychological)

Elements of Theories

-Underlying assumption


-Causal arguments


-Implicit concepts and variables


-Empirical support for the causal arguments


-Fulfilled, unfulfilled, ignored goals

Characteristics of a Good Theory

1. Parsimony - the simpler, the better


2. Scope


3. Logical Consistency


4. Testability


5. Empirical Validity


6. Policy Implication - can create realistic and useful guidance to society

Foundation of Criminological Theories

A. Demonological Theories - caused by evil spirits


B. Classical Theory - individuals have free will and choose to commit based on hedonistic decisions


C. Neo-Classical Theory - it comes to punishment and should be individualized


D. Positivism Theory - people do not freely choose their behavior but it based on genetics, IQ, education, employment, peer influences

The school of thoughts are...

Classical Theory, Neo-Classical and Positivism

Major Classification of Criminological Theories

1. Demonological Theory


2. Classical Theory


3. Biological and Biochemical


4. Psychological


5. Sociological


6. Labelling and Conflict


7. Contemporary Theories

Additional ways to classify Criminological Theories

1. Microlevel of Analysis - on individual


2. Macrolevel of Analysis - on group

Demonological and Historical Philosophy

A. Demonological


-a man commits crime due to the influence of demon or evil


B. Historical Perspective


1. Antique Philosophy


-Aristotle on 4th Century BC, poverty as a cause of crime


2. Medieval Philosophy


-Franscis Bacon on 17th century, opportunity makes a thief


3. French Renaissance Philosophy


-Voltaire and Rousseau on 18th century, hedonistic behaviour

How cases/accusations were tried?

By Trial by ordeal or Punishment

Trial by Ordeal include

1. Red Hot Iron Ordeal


2. Ordeal by the Water


3. Trial by Combat


4. Ordeal by Balance


5. Donkey's Tail Ordeal


6. Test of the Eucharist


7. Ordeal of the Tiger

Trial by Ordeal ended up in...

In the middle of 13th century

Modes of Punishment include

Death, Hanging, Boiling, Stoning, Garroting

Classical Theory

-Age of enlightenment


-people have free will


-hedonism brought out the punishment


-punishment should be proportionate to crime

Authors of Classical Theory

1. Cesare Becarria


2. Jeremy Bentham

1. Cesare Beccaria

-known for his work, "On Crimes and Punishment"


-principles of Crimes and Punishment include:


1. Only legislators should create laws


2. Judges should not interpret the Laws


3. Punishment should be based on the pleasure/pain principle


4. All people should be treated equally


5. Capital Punishment should be abolished

The judicial reform advocated by Beccaria, led to what Italian State that abolish death penalty

Grand Duchy of Tuscany

2. Jeremy Bentham

-advocated Utilitarianism/Hedonistic Principle


-he also invented Panopticon

Classical Theory and its extension

1. Deterrence Theory


2. Rational Choice Theory


3. Routine Activity/Opportunity Theory

1. Deterrence Theory

-adheres with the principle of classical that every person has free will; to deter

Deterrence theory comes in two forms:

A. General Deterrence


-people come to understand if they have an example


B. Specific Deterrence


-the offender learned from his own mistakes

Social Scientist added two other concepts of Deterrence Theory:

A. Absolute Deterrence


-your mistakes will change you from bad to good


B. Restrictive Deterrence


-won't totally change himself but alter his way

2. Rational Choice Theory

-individuals as rational actors who chooses specific crimes based on their own personal characteristics

3. Routine Activity/Opportunity Theory

by Lawrence Cohen and Marcus Felson

Lawrence Cohen and Marcus Felson assumed that crime happens once:

a. Motivated Offender


b. Suitable Target


c. Absence of Capable Guardian

Dimension of suitability by Cohen:

a. Exposure


b. Guardianship


c. Attractiveness


d. Proximity

Neo-Classical Theory

-punishment must be individualized especially those who are children and mentally ill

Biological Theories

1. Positivist Theory


2. General Inferiority Theory


3. Somatotyping Theory


4. Somatotyping Theory of William Sheldon

1. Positivist Theory (Authors and Proponents)

Holy Three:


1. Cesare Lombroso - father of modern criminology and founder of Italian school of criminology


2. Enrico Ferri - a student of Lombroso


3. Raffaele Garofalo - rejected the idea of free will

Key points of Positivist Theory

-rejected the idea of free will


-criminals commit crime because they are atavistic


-study of crime should be scientific treatment

Stigmata of a Born Criminal by Cesare Lombroso

-the belief that being criminal is inherited


The following are the characteristics of a born criminal:


1. Deviation in head size and shape


2. Asymmetry of the face


3. Eye defects and peculiarities


4. Excessive dimension of jaw and cheeks bones


5. Nose twisted


6. Lips swollen


7. Pouch in the cheek

General Inferiority Theory by Ernest Hooton

-crime exist because there are some inferior people

Somatotyping Theory by Ernest Kretschmer

Types of Physique:


a. Pyknic Type - round bodies (deception, fraud)


b. Athletic Type - muscular (violence)


c. Asthenic Type - skinny (petty thieves)


d. Dysplatic or Mixed Type - predominant type (against decency)

Somatotyping Theory of William Sheldon

Classified people in three ways:


1. Endomorph - round


2. Mesomorph - athletic


3. Ectomorph - skinny

Physical Trait Theories

1. Physiognomy - greek word physis meaning nature and gnomon meaning to judge


Authors on Physiognomy:


a. Giambattista Della Porta - classifying humans based on their resemblance to animals


b. Johann Lavater


-publish his work, "study of facial fragments"


2. Phrenology - from the greek word Phren meaning mind, and logos meaning knowledge


Authors on Phrenology:


a. Franz Gall - developed the practice of cranioscopy


b. Johann Spurtzheim - coined the term phrenology to replace cranioscopy

Heredity Theory as Cause of Crimes

a. Study of Kallikkak Family Tree by Henry H. Goddard


-feeble-mindedness


b. Study of Juke Family Tree


-bad heredity, bastards, beggars


c. Study of Sir Jonathan Edwards Family Tree


-the great

Genetics in Modern Biological Theories

1. Chromosomes - 23 pairs of chromosome, XX for female and XY for male; XYY for supermale and associated with violence due to to increased testosterone


2. Twin Studies


Dizygotic Twin - two eggs


Monozygotic Twin -single egg


Johannes Lange, MZ Twin are likely prone of committing crime


3. Adoption Studies


-strong for boys whose an adoptee with a biological parent that is a criminal

Biochemical Explanation: Hormones, Neurotransmitters, Diet

1. Testosterone - male sex hormone


2. Premenstrual Dysphoric Disorder - also a phenomenon is postpartum depression syndrome for new mothers


3. Neurotransmitters


a. norepinephrine - fight or flight response


b. dopamine - thinking


c. serotonin - sleep, sex drive, anger


4. Diet


-criminal population lack in Vitamin B3 and B6


-high-protein foods such as egg


-"Twinkie Defense" nothing but junk food


5. Environmental Toxins


-frontal lobe of the brain is sensitive to envionmental toxins


-lower social class is more affected

Sociological Causes of Crime

1. Chicago School/Social Disorganization Theory by Clifford Shaw and Henry McKay


2. Environmental Criminology by Jane Jacobs and Ray Jeffery


3. Ecology Theory by Robert Burgess


4. Anomie Theory by Emile Durkheim


5. Strain Theory by Robert Merton


6. General Strain Theory and Delinquency by Robert Agnew


7. Differential Opportunity Theory by Richard Cloward and Lloyn Ohlin


8. Albert Cohen's Subcultural Theory


9. Drift Theory by David Matza


10. Neutralization Theory by Gresham Skyes and David Matza


11. Walter B. miller's Theory


12. Left Realism/Relative Deprivation by Lea, Young and Elliot Currie

1. Chicago School/Social Disorganization Theory by Clifford Shaw and Henry McKay

-poor housing, poor health and lack of legal ways to attain living

2. Environmental Criminology

-Jane Jacobs (residential vs. commercial land)


-Ray Jeffery (three part strategy could prevent crime; physical design, citizen involvement, effective criminal justice)

3. Ecology Theory by Robert Burgess

Zone I - Central Business


Zone II - interstitial zone


Zone III - city's working class


Zone IV - higher incomes and smaller families


Zone V - Commuter's Zone

4. Anomie Theory by Emile Durkheim

-Father of Sociology


-Anomie refers to the breakdown of social norms


a. Crime is Normal


b. Crime is Functional

5. Strain Theory of Robert Merton

A. Unrestrained Ambition


B. Different Social Structure


1. Rebel - reject the goals


2. Retreatists -deviant adaptation


3. Innovators - use illegitimate to gain goals

6. General Strain Theory and Delinquency by Robert Agnew

Three Major Types of Strain:


1. Strain as the failure to achieve positively valued goals


2. Strain as the removal of a positively valued stimuli from the individual


3. Strain as the presentation of negative stimuli

7. Differential Opportunity by Richard Cloward and Lloyd Ohlin

Three different kinds of delinquent subculture:


1. Criminal Subculture - making a living from crime


2. Conflict - people move in and out


3. Retreatist - give up and retreat to drugs and alcohol

7. Differential Opportunity by Richard Cloward and Lloyd Ohlin

Three different kinds of delinquent subculture:


1. Criminal Subculture - making a living from crime


2. Conflict - people move in and out


3. Retreatist - give up and retreat to drugs and alcohol

8. Albert Cohen's Subcultural Theory

-Teachers use a middle class measuring rod

9. Drift Theory by David Matza

Youth drift as to what makes them happy

10. Neutralization Theory by Gresham Skyes and David Matza

Specific justification include:


1. Denial of responsibility


2. Denial of injury


3. Denial of Victim


4. Condemnation of the Condemners


5. Appeal to Higher Authority

11. Walter B. Miller's Theory

Six Focal Concerns


1. Trouble


2. Toughness


3. Smartness


4. Excitement


5. Fate


6. Autonomy

12. Left Realism/Relative Deprivation by Lea, Young, and Elliot Currie

unfairly disadvantaged compared to other individuals

Social Processes Theory

1. Differential Association Theory by Edwin Sutherland (Dean of Modern Criminology)


-associated with different people and learn different behavior


2. Differential Anticipation Theory by Daniel Glaser


-the old name was Differential Identification Theory


-expectation of gratification from it


3. Differential Reinforcement Theory by Ray Jeffery


-criminal behavior is operant behavior


4. Social Learning Theory by Ronald Akers


-occurs in two ways:


a. Imitation or Modelling


b. Principle of different reinforcement


5. Social Bond Theory by Travis Hirschi aka Social Control Theory


-presented the four ties to society:


a. Attachment


b. Commitnment


c. Involvement


d. Belief


6. Ivan Nye's Theory


-social control has four manifestation:


a. Direct Control


b. Indirect Control


c. Internal Control


d. The availability of means necessary to gratify personal needs


7. Containment Theory by Walter Reckless


-force pulling people away:


a. Social Pressure


b. Social Pulls


c. Biological or Psychological Pushes


d. Rebellion against authority


8. Self-control theory by Michael Gottfredson and Travis Hirschi


-characteristics of a low-self control individuals


a. A need for immediate gratification


b. Simplicity


c. Physicality


d. A need for risk taking


e. Self-centeredness


9. Gang Theory by Frederick Thrasher


-a gang is a band of people going together for some criminal purpose


-developed through the following:


a. Gangs oriented as playgroups


b. Playgroups are transformed into gangs


c. Competition for turf leads to gang conflict


d. Denliquent gangs may have complex social structure

Labeling Theory

-individuals are highly influenced by the way society categorize them as offenders


-negative labels on lower class individual


-social reaction theory, claimed that recidivism can be reduced by limiting stigmatization

Authors who work on Labeling Theory


A. Frank Tannenbaum


-dramatization of evil occurred when youth were arrested with their first offense


B. Edwin Lemert - the so-called secondary deviance which is serious and more frequent


C. Becker, Howard - wrote Outsiders: Studies in Sociology of Deviance


D. Braithwaite, John - wrote restorative justice


3. Cooley, Charles Horton - developed concept of looking glass self

Conflict Theory

-two forms of social control; informal social control exists in families and communities, breakdown of informal social control, formal social control increases


-law is the formal method of social control


-for the Consensus Theorist, law is the glue that holds society together


-for the Conflict Theorist, law is the club that keeps powerless in line

Terms under the the Conflict Theory

1. Consensus Theory - views of right and wrong can be reflected through folkways and mores


2. Functionalist Theory - similar to consensus theory


3. Interest Groups - also referred to as pressure groups


4. Law - rules and regulations


5. Mechanical Solidarity - in these societies, law is repressive and punitive


6. Organic Solidarity - marked by functional interdependence


7. Pluralistic conflict - instead of one centralized, all-powerful group making the rules


8. Political Crimes -committed by Radical Groups to overthrow a government


9. Racial Profiling


10. Social Control - a normative system with rules


11. Social Threat Hypothesis


12. Socialization - a process of learning and teaching expected norms of the society

Authors who work on Conflict Theories


A. Thorsten Sellin


-border culture conflict


B. George Vold


-claimed that people are naturally social


C. Austin Turk


-emphasized that conflict among groups can be beneficial


D. William Chambliss - wrote Law, Order and Power


E. Emile Durkheim - wrote Suicide


F. Richard Quinney - wrote the Social Reality of Crime


G. William Sumner - proposed consensus theory and developed the terms folkways and mores


H. Max Weber - pioneered work on bureaucracy, law and economy

Marxist Theories of Crime

-based on Karl Marx


-capitalism is the cause of crime

Operational Terms under the Marxist Theory

1. Bourgeois - the ruling-class elite


2. Capitalism - production are held privately


3. Late stage capitalism crimes of accomodation and resistance - crimes committed by the lower class against the upper class


4. Crimes of Control - crimes committed by criminal justice personnel


5. Crimes of Domination and Repression - crimes committed by the ruling class against the lower class


6. Instrumental Marxism - political state is the tool of ruling elite


7. Proletariat - laborers in the society


8. Structuralist Marxism - states that political state is not under the total control of ruling elite

Other Authors who work on Marxist Theory of Crime

a. Willem Bonger


b. Richard Quinney


c. William Chambliss


d. Georg Rusche

Feminist Theory and its operational term

1. Bootstrapping - practice of charging girls with criminal offenses


2. Chivalry Hypothesis - traditional views of women


3. Economic Marginalization Hypothesis - economic pressure put on women


4. Egalitarian Family -mother an father share power and control in the family


5. Gendered Context Approach - different opportunities males and females have to commit criminal acts


6. Gendered Pathways Approach - gives voice to physically and sexually abused female offenders


7. Liberation Hypothesis - crime rates in both genders will begin to equalize


8. Masculinity - a trait shared by all men


9. Masculinity Thesis - their masculinity will increase


10. Opportunity Thesis - increased opportunity for women


11. Paternalism - men act in a manner designed to keep women in a subservient position in the society


12. Patriarchal Family - the father is in command


13. Patriarchy - rights of men are more important


14. Power-Control Theory - proposed by Hagan in which Patriarchal and Egalitarian Families are examined


15. Selectivity Hypothesis - only to white priveleged women


16. Transinstitutionalization - offenders are being placed into private


17. Typicality Hypothesis - women who can still be viewed as feminine