Criminology Chapter 5

What are the time periods for Classical and Neo-Classical criminological theories?

Classical: 1700s–1880s

Neo-Classical: 1970s–Present

Who are key theorists of Classical theory?

Cesare Beccaria and Jeremy Bentham

Who are key theorists of Neo-Classical theory?

Lawrence Cohen, Marcus Felson, Ronald V. Clarke, Derek B. Cornish, and others

What are the main concepts of Classical theory?

Free will, deterrence through punishment, social contract, natural law, due process, Panopticon

What are the main concepts of Neo-Classical theory?

Rational choice, routine activities, capable guardians, situational crime prevention, determinate sentencing, specific deterrence, general deterrence, just deserts

What does 'mala in se' mean?

Acts that are fundamentally wrong (e.g., sexual assault, murder of children)

What does 'mala prohibita' mean?

Acts that are wrong because they are prohibited by law (e.g., drug use, gambling, prostitution)

What characterized the Demonic Era of crime explanation?

Where in the Criminal Code is the word "evil" used?

Dangerous Offender Legislation, Section 753 (b)

What is the Code of Hammurabi?

One of the first known law codes, from 1750 BC, by King Hammurabi of Babylon

What are the Twelve Tablets of Roman Law?

Bronze tablets written in 450 BC with basic rules on family, religion, and economic life

What two legal categories did Roman Emperor Justinian define?

Public Law and Private Law

What is Common Law?

A traditional body of unwritten legal precedents developed in England based on shared customs and court decisions

What is the Magna Carta and why is it important?

A document signed in 1215 that supports individual rights, due process, and trial by jury. It inspired Section 7 of the Canadian Charter of Rights and Freedoms

What was the Enlightenment's impact on criminal law?

Emphasized empiricism, rationality, humanism, free will, and natural law; led to social contract theory

What is the Social Contract according to Thomas Hobbes?

Humans surrender some rights to a sovereign for protection against violent death

What are key ideas from John Locke?

"Blank slate" theory (Tabula Rasa); government must protect life, liberty, and property under a social contract

What did Jean-Jacques Rousseau contribute to social contract theory?

Advocated for natural law and moral principles aligned with church doctrine; any law contradicting natural law is unjust

What were Thomas Paine’s key ideas?

Supported the French Revolution; believed only democratic institutions guarantee natural rights

What did Cesare Beccaria write and believe about laws?

Wrote "On Crimes and Punishments" (1764); believed laws unite isolated individuals into society

What were Beccaria’s beliefs on punishment?

Punishment should be swift, certain, fit the crime, and prevent future crimes

What three types of crime did Beccaria identify?

1. Crimes threatening state security

2. Injuries to citizens/property

3. Offenses against social order

What is Jeremy Bentham’s theory of punishment called?

Hedonistic calculus or utilitarianism – pain of crime must outweigh pleasure

What was Bentham’s Panopticon?

A circular prison design allowing a single guard to observe all inmates without them knowing they are being watched