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Scientific theories
make statements about the relationships between phenomena. can be falsified
Crime
violation of formal law. a social construct where laws change overtime and vary geographically
Sutherland
argued that law is coercive, affect human conduct, reflects rules made by a government, uniform in its application, and is enforced by the court
Sociological Criminology
crime and victimization has structural causes, rooted in sociology.
Sociology
the scientific study of social life, social change, and the social causes and consequences of human behavior.
Scientific Study of Society
social interactions between:
individuals and themselves
individuals with other people
individuals with structure
sociological perspective
recognizing how social forces (i.e., structure) shape individuals (i.e., agents)
Social Structure
the organization of social life. view individuals as embedded within social units.
Sociological imagination
awareness of the relationship between personal experience, social structure, and historical context,. intersection of biography history (personal troubles and public issues)
Overly Deterministic
vulnerable to apathy when lacking a sociological imagination. Assumes we have no agency, no free will, or choice.
Moral insensibility
happens without a sociological imagination. ex: when people carry out harmful acts as part of their role in an organization. Not guided by conscience but the commands issued by a person with authority (ex: Stanford prison experiment)
Criminological Imagination
3 elements: personal biography, social structure, historical context. Comparing one’s experience to others and to what alternatives are available. Contrasting current trends with historical trends
Spiritual explanations
events happen because of the interference of a higher power. otherworldly powers punished the guilty and protected the innocent (ex: famines, floods and plagues as punishments)
Natural explanations
events are believed to be caused by objects and events in the material world
Natural law
people’s natural tendency to do good rather than evil. people who commit crime also sin which meant the state claimed the moral authority to use harsh punishments on criminals
Classical school
crime as a cost-benefit analysis, people commit crimes because the rewards outweigh the risks. criminal law should deter people from choosing to engage in criminality
Intellectual Origins of Classical Criminology
Aquinas argued that people naturally do good rather than evil. Hobbes argues that people naturally pursue their own interests without concern for others. people are rational enough to realize that this situation is not good for anyone. So, people agree to give up their own selfish behavior as long as everyone else does the same
Social contract
an agreement about rights and responsibilities between the state and each of use. We agree to behave and surrender certain rights in exchange for safety and the maintenance of social order. If the state does not fulfill its obligations, then it is violating.
Beccaria criminal punishment
infliction of penalties (e.g., a fine, jail time) by a governmental agent granted authority to do so.
utilitarianism
actions should achieve the greatest good for the greatest number. one ought to maximize the overall good — that is, consider the good of others as well as one’s own.
Rational choice
Describes how a potential offender’s costs and benefits calculations could change depending on the situations.
Deterrence
deterrent effect of criminal justice policies
Routine activities
crime is a calculation of risks and rewards, and daily patterns of everyday people create opportunities for crime
Beccaria’s General Theorem
Punishment may not be an act of violence, of one, or of many against a private member of society. either it should be:
public, immediate and necessary
the least possible in the case given
proportionate to the crime
determined by the laws
Limitations of Rational choice
exaggerates the rationality of offenders (not all crime is planned and well-thought-out). Violent crimes are often no premeditated (firs of passion, rage, anger, frustration). 1/3-1/2 of offenders are under the influence of drugs and/or alcohol at the time of event.
Pleasure-pain principle
Human behavior is directed at maximising pleasure and avoiding pain. Individuals break the law in order to gain something valued —> excitement, money, sex, power. Hence, criminal justice needs to ensure any pleasure derived from crime is outweighed by pain of punishment.
Deterrence theory
discourage criminality via punishment. Punishment must be administered quickly, with certainty, and with appropriate severity. General - people learn not to commit acts by observing others. Specific - individuals punished will not commit their actions again.
Limitations of Deterrence Theory
high recidivism rates - relapse into crime. since those who are punished by the criminal justice system tend to reoffend at a high rate, the three elements aren’t deterring as expected.
Routine Activities Theory
crime occurs when 3 things converge in time and space. (motivated offender, attractive target, absence of guardianship).
Limitations of Routine Activities
explains crime among different groups of people, in different locations, changes in certain crime rates over time. ignores structural factors that motivate criminality.
The impact of classical approaches
decline of capital punishment, growth of the prison as a core element in modern system of punishment, a focus on due process and rights of the accused, and concept of deterrence
Classical Approaches
All are based on the human choice model put forth by Beccaria. No research has directly tested this model, and these theories have only created crime-reduction policies.
Criticisms of Classical Approaches
The “rational actor” model is not concerned with matter such as age, mental illness, learning difficulties. Generally ignores how structural inequalities like poverty affect likelihood of committing a crime.
Law
written body of rules of conduct. Applicable to all members of a defined community, society, or culture. Emanates from a governing authority. Enforced by its agents through the imposition of penalties
Legal consciousness
people’s beliefs about laws and how they act on those beliefs. Our experiences with law and interpretation of these experiences are often contradictory.
Legal Pluralism
2+ sets of laws and legal practices operating (more or less) at the same time. sometimes it’s division of labor, general overlap or competetion.
Consensus perspective
society is made of interconnected institutions that maintain order; law serves as a neutral framework
Conflict Perspective
society is composed of individuals with different motives; law preserves power and privilege of the ruling class
Biological explanations
scientists observe that behaviors, health conditions, neurological functioning is similar for a family
Phrenology
Gall. First systematic, scientific explanation of human behavior. Unsupported by evidence. Studied the external shape of the skull. Assumed shape of skull revealed the shape of the brain inside. If a part of the brain was overdeveloped, it would grow outward and create a bump in the skull.
Degeneration Theory
Phrenology advanced idea that people could induce criminality through living excessively. Gluttony, excessive drinking, and promiscuity could lead to disordered faculties. Assumed degenerates cause crime and other social problems because of their poor choices.
Atavism
argued that criminals were evolutionary accidents
Stigmata
Physical traits considered abnormal. viewed as evidence of criminals’ failure to evolve.
born criminals
atavistic reversions to a lower or more primitive evolutionary form of development. 1/3 of total number of offenders
Insane criminals
people who had any mental disorders
Criminaloids
no special physical or mental traits but whose makeup was such that under certain circumstances they engage in criminal behavior. were said to be most of all criminals
Lombroso
His original theory focused solely on physical features, but his later thinking focused more on social and environmental factors. Later book discussed many factor that cause crime, most of which were environmental. (climate, rainfall, price of grain, tariff policies…)
Confluence of Factors
problem became finding methods to identify “born” criminals. Criminologists began to propose “born” criminals were feebleminded (mentally disabled), which led to crime.
Reward Dominance Theory
posits that behavior is regulated by two opposing mechanisms: behavior activating system and behavior inhibition system. BAS: dopamine and pleasure areas of the brain (gas pedal that motivates reward seeking). BIS: serotonin and memory areas of the brain (sensitive to threats of punihsment or pain and is the brake that prevents going to far)