Week 6

classical school of criminology

classical school of criminology

A perspective premised on the belief that potential criminals, as rational beings capable of free will, will be deterred by the threat of swift and severe punishment.

Free Will

Beccaria embraced this concept

1. Certainty of the Punishment

2. Swiftness of Justice

3. Fair penalties proportionate to the severity of social harm done

Beccaria’s 3 Basic Conditions

equality, liberty, utilitarianism, and humanitarianism

4 General Principles in Beccaria’s Doctrine

utilitarianism

The concept that any law should be of the greatest benefit to the greatest number of people.

1. commitment costs (an arrest may have an adverse effect on future opportunities, such as employment)

2. attachment costs (an arrest can result in harm to personal circumstances)

3. stigma (an arrest can damage one’s personal and/or public image).

3 Indirect Social Costs of Arrest

recidivism

reoffending

Michel Foucault

most influential modern-day revisionist on the subject of punishment, argued that punishment is an interrelationship of power, knowledge, and the body that is affected by factors such as economics, social development, political ideologies, and transformations in mass communication: there is no one-size-fits-all model

deterrence theory

The belief that the threat of punishment can prevent people from committing a crime.

1. Specific (learn through punishment; associative learning)

2. General (learn through experience of others; imitative learning)

2 Levels of Deterrence

Law and Science in Conflict

Jeffery noted a lack of integration between the two as there is an inherent conflict in how we study crime and criminal behaviour

neoclassical school of criminology

A school of criminological thought positing that some accused offenders should be exonerated or treated leniently in light of circumstances that make it impossible to exercise free will.

Luigi Rossi and Henri Joly

two fundamental respects in the neoclassical school:

1. rejected rigidity of the classical system of punishment

2. called for higher degree of subjectivity when assessing criminal responsibility (discretion)

discretion

The power of an authority to exercise his or her judgement in a particular case instead of having to follow specific rules.

just deserts policy

The idea that an individual who commits an offence chooses to do so and therefore deserves to be punished for it.

plea bargain

incentive for the accused to plead guilty in return for some benefit, like reduced sentence

Alexander Maconochie

came up with 5 ideas for prison reform:

1. sentences should be based on the prisoner's ability to complete a specified quantity of labor

2. quantity of labor should depend on gravity of offence

3. prisoners should earn everything they receive

4. all prisoners working together are responsible for one another’s conduct

5. attention should be given before release dates for ease in preparing for release into society

4 major contributions summarized by Barry (incorporated into Canada’s penal system)

1. reward (earn their release)

2. individual influence (# of inmates < 300 & <100)

3. gradual release (e.g. halfway houses)

4. strict supervision after discharge

John Howard

instrumental in establishing prisoner advocacy groups that fought for maximum and minimum sentences, a system for the classification of inmates based on their moral improvement, and separation of adults and young offenders

bureaucracy

foundation of modern policing as it was the solution that emerged from the problems faced in the industrial revolution

Sir Robert Peel

known for his ideas in policing as he reorganized London’s metropolitan police force, instituting uniforms and strict discipline, banning the bearing of firearms, and establishing the fundamental principles that still govern policing today

bobbies (Peel’s officers)

Isaac Ray

argued that the legal definition of insanity was limited in scope and argued that criminals can experience moral insanity

moral insanity

A form of mental illness in which the offender’s ability to reason is temporarily interrupted. It is the basis of modern verdicts of temporary insanity or “not criminally responsible” for offenders whose crimes were the product of mental illness.

criminal responsibility

ability to appreciate the nature of an unlawful act and know that it is wrong

No, instead they can be found “not criminally responsible (NCR)” - part of the tough on crime agenda

Is Insanity in Canada accepted as a legal defence?

Criminalistics

The science of crime detection and investigation, including such areas of specialization as weapons and DNA analysis.

Alphonse Bertillon

modern-day criminalist who first applied Criminalistics (anthropological technique) to law and criminology and used a variety of instruments to take precise measurements of physical features

Marc Ancel

fourth school of criminological thought might be emerging, the school of (new) social defence

neopositivist

An approach to criminal justice popular between the 1930s and 1960s, which focused on the development of rational penal policy, emphasizing the systematic resocialization of offenders through treatment and rehabilitation.

classical school of criminology

A perspective premised on the belief that potential criminals, as rational beings capable of free will, will be deterred by the threat of swift and severe punishment.;Free Will

Homicide

The act of causing the death of another person, whether directly or indirectly, by an unlawful act or by negligence

culpable (deserving blame) homicide is a criminal offence, while non-culpable homicide is not. killing another person without forethought or intent

First Degree Murder, Second Degree Murder, Manslaughter, Infanticide

4 Subcategories of Homicide

note: murder is also subcategorized based on the offender’s intent and the nature of the act that causes the victim’s death

Murder

different from homicide as this refers more narrowly to the unlawful, often planned, and deliberate taking of another person’s life

(a) the planned, deliberate killing of another person

(b) the killing of an on-duty police officer or prison guard

(c) the killing of another person while committing sexual assault, hijacking or terrorism, criminal harassment, or crimes on behalf of a criminal organization

Second Degree Murder

the unplanned but deliberate killing of another person, as well as all murder that falls outside the category of first-degree murder

Manslaughter

the unintentional killing of another person, even if it results from an intention to cause harm

Infanticide

intentional or unintentional killing of a newborn child, through deliberate actions or through acts of omission (i.e., negligence)

Homicide Rates, Trends, and Patterns

• 2017 Homicide rate higher than average because of Quebec and BC

• 2017 highest provincial homicide rate was in western provinces (Manitoba, Saskatchewan, then Alberta)

• Weapon Preference Over the Years: stabbing 2012-2015 → firearms (handguns) 2016

• Most Homicides are committed by someone known to the victim

• Gang Homicide peak 2018 → fluctuated → decline 2014 → rise 2015-2016 (most in Toronto, Ottawa, and Vancouver)

• 2016, 18% of intimate-partner homicides and 25% of indigenous homicides

general theory of crime

A sociological perspective asserting that criminal behaviour is a product of defective socialization processes that make it difficult for a potential offender to exercise self-control.

power–control theory

A sociological perspective that focuses on how power dynamics, patriarchy, and gender role socialization within the family contribute to delinquency and crime.

1. Level 1 assault (s. 271): No serious bodily harm or physical injury to the victim. This type of assault is also known as common assault.

2. Level 2 assault (s. 272): More force or threatened force (e.g., with weapon) is used, and a degree of bodily harm was inflicted by the offender, such as broken bones, bruises, or cuts. A slap across the face does not constitute a level 2 assault.

3. Level 3 assault (s. 273): The victim is disfigured, maimed, wounded, or has his or her life endangered. This type of assault is also known as aggravated assault.

18-24 yrs. old more likely to be victims of sexual assault

three levels of sexual assault in the criminal cod