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What is a Theory
generalizations descirbng how things go together (researchable and testable)
Federal
(only people that can make criminal law - its the same across the country)
and they are Indictable
Provincial
Summary offences (less serious) and dealt without a jury
Hybrid
Crime that can be treated as either summary OR indictable
Crime
Any infraction of a law
Offence
refers to a specific infraction with two types (hybrid)
Bylaws
these arent crimes because they’re municipal and not federal
Deviance
a wide range of behaviours that violate social norms but arent prohibited by law (not a crime)
Concensus model
the majority of society decides our laws
Conflict model
different social groups have different ideas of what is right and wrong (the law is a reflection of the values of the ruling class)
Inter-individual differences
variations that exist between different individuals
Intra-individual differences
variations that exist within the same person
Qualitative data
Data on why or how
Quantitative data
data on numbers/how many…
WEIRD research
Built around western, educated, industrialized, rich, and democratic societies)
Deductive reasoning/research
starts with a theory and is tested to analyze the findings (fits with quantitative research)
Inductive reasoning/research:
gathers information/data first and uses it to find themes, conclusions and to develop a theory (fits with qualitative research)
Primary data
(going out and givng a survey myself)
Secondary data
(using data already collected by someone else i.e. government)
Official data has 3 primary sources
Police, Courts and Corrections
The classical school
grew out against barbaric system of laws
The major principles of the classical school 1
Humanism - a doctrine, attitude, or a way of life centered on human interests or values ; especially a philosophy that usually rejects sipernaturalism and stresses an individuals dignity and worth and capacity for self-realization through reason
The major principles of the classical school 2
Utalitarianism: the greatest good for the greatest number of people
The major principles of the classical school 3
Soical contract: idea that there is an exchange of certain personal freedoms for protections and organization that permit us to live in the form of a society
The major principles of the classical school 4
Hedonism: maximize pleasure minimize pain
The major principles of the classical school 5
Free will: power/capacity to choose between alternatives without punishment
Controlling crime
the punishment must outweigh the pleasure
Cesare beccaria
one of the founders of classical school and outlined an enlightened crimnal justice system to serve the people and not the monarchy
Becaria principles:
Laws should be used to maintain the social contract
Only legislators should create laws
Judges should impose punishment only in accordance with the law
Judges should not interpret the laws, they apply what is written
Punishment should be based on the pleasure/pain principle
Punishment should be based on the act, not the actor
Punishment should be determined by the crime
Punishment should be prompt and effective
All people should be treated equally
Capital punishment should be abolished (death penalty) - act of violence by the state, and if the state can commit violence, then it violates the social construct
The use of torture to gain confessions should be abolished
It is better to prevent crimes than to punish them
Jeremy Bentham
proposed the felicific calculus (the slightly tipped scale to prevent crime)
Positivism
Idea about free will (social determinism) the belief that human behaviour is the result not of free will, but by factors beyond the individuals control that cause the behaviour
The use of scientific techniques and methods to study crime and criminology
Comte
applied modern methods of physical sciences to the social sciences
Darwin
challenged the doctrine of creation with his theory of evolution
Physiognomy
the study of facial features and their relation to human behaviour
Phrenology
science that believed the shape of the brain and the skull could reveal an individuals personality and psychological development
Lombroso
Thought criminals were less evolved thats why they commit crimes
Atavistic stigmata (characteristics to tell who’s a criminal or not)
Somatotype theory
the type of body type u have impacts ur personality and if you commit crime i.e. Ectomorph, mesomorph (the one that “commits crimes”) and endomorph
Key principles of biological theories
The basic determinants of human behaviour, including criminal tendencies are constitutionally or genetically based
The statistic differences in crime could be explained on the basis of biological differences
The basic determinants of human behaviour including criminality may be passed on from generation to generation
The interplay between heredity, biology and the social environment gives us the most realistic consideration of crime causation.
If criminality is inherited, what do we do with criminals?
Stopping them from having kids (eugenics)
Incapacitating them
Problems with early biological explanation
Wasnt aware of how complex interaction of both our biology and our environment
Viewed biology as static; didnt understand that biology is dynamic and is shaped and changed by our experiences * bear example
Biocriminology
the study of the physical aspects that are connected to the psychological disorders
Neurophysiological factors
Brain tumors, brain waves, cerebral structure, fetal alcohol syndrome or fetal alcohol spectrum disorders
Psychophysiology
Arousal within an individual relatses to the autonomic nervous system, In the ANS, theres sympathetic (heightened) and parasympathetic (calm)
Theoretical explanations
fearlessness hypothesis, they arent deterred from engaging in criminal behaviour
Sensation seeking hypothesis, seeking homeostasis re: their arousal and leading them to seek stimulationt through risky criminal activities
Amygdala
- emotions, memories, understanding emotions
Abnormalities in this brain area are linked to heightened aggression and emotional dysregulation
Diathesis
predisposition (doesnt mean its going to show up in the same way)
XYY
supermale (more violent predisposition)
MAO-A
gene everyone has that programs u to produce an enzyme (some produce more than others, most are in the middle) and it is connected to breakdown of neurotransmitters in brain. The low variant of this gene is linked with aggressive behaviour and VIOLENT crime
LOW Maoa (predisposition) + childhood violence (stressor)
makes them much more likely to commit violent crime
NEUROtransmitters
the way they communicate
Two key neurotransmitters are serotonin and dopamine
Serotonin - behaviour inhibition being able to stop yourself from doing things