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theory
a statement that explains the relationship between abstract concepts in a meaningful way (FREDA ADLER)
theory
a principle or a body of interrelated principles that purports to explain or predict a number of interrelated phenomena
theory
a set of logically related explanatory hypotheses that are consistent with a body of empirical facts and may suggest more empirical relationships
speculative (three stages of theory development)
attempts to explain what is happening
descriptive (three stages of theory development)
gathers descriptive data to describe what is really happening
constructive (three stages of theory development)
revises old theories and develops new ones based on continuing research
inductive reasoning
begins with observations that are specific and limited in scope, and proceeds to a generalized conclusion that is likely, but not certain, in light of accumulated evidence
moves from the specific to the general
gathering evidence, seeking patterns, and forming a hypothesis or theory to explain what is seen
deductive reasoning
starts with the assertion of a general rule and proceeds from there to a guaranteed specific conclusion
moves from the general to the specific application
abductive reasoning
retroductive reasoning
begins with an incomplete set of observations and proceeds to the likeliest possible explanation for the set
it yields the kind of daily decision making that does its best with the information at hand, which often is incomplete
conflict view
the law is a tool of the ruling class. crime is a politically defined concept. real crimes are not outlawed. the law is used to control the underclass
consensus view
the law defines crime. the law reflects public opinion. agreement exists on the outlawed behavior. laws apply to all citizens equally
interactionist view
moral entrepreneurs define crime. crimes are illegal because society defines them that way. the definition of crime evolves according to the moral standards of those in power
DAVID EMILE DURKHEIM
maintained that criminality is a normal factor rather than a pathological one
indicates that crime is found in all societies and that crime is normal because a society exempt from it is utterly impossible
maintains that crime is not only normal for society but that it is necessary, without crime there could be no evolution in law
DAVID EMILE DURKHEIM
one of the principal founders of modern sociology
claimed that society is a sui generis reality or a reality unique to itself and irreducible to its composing parts
DAVID ABRAHAMSEN
theory of the etiology of criminal acts
“crime is a product of the individual’s tendencies and the situation of the moment interacting with his mental resistance”
C = ? (Abrahamsen’s formula)
crime
T = ? (Abrahamsen’s formula)
tendencies
S = ? (Abrahamsen’s formula)
situation
R = ? (Abrahamsen’s formula)
resistance
school of thought
a term that refers to a group of beliefs or ideas that support a specific theory
theory
a set of statements devised to explain behavior, events, or phenomenon, especially one that has been repeatedly tested and widely accepted
demonological theory
crimes are believed to be caused by devil or other supernatural explanations
classical school
founded by CESARE BECCARIA
was developed in the 18th century in an attempt to reform the legal system and to protect the accused against harsh and arbitrary action on the part of the state
principle of manipulability
refers to the predictable ways in which people act out of rational self interest and might therefore be dissuaded from committing crimes if the punishment outweighs the benefits of the crime, rendering the crime an illogical choice
classical school
free will enables people to make choices
people have a rational manner and apply it toward making choices that will help them achieve their own personal gratification
classical school
the basis of criminal liability is human free will and the purpose of penalty is retribution
classical school
that the man is essentially a moral creature with an absolute free will to choose good and evil, thereby placing more stress upon the effects or result of the felonious act that upon the criminal himself
classical school
this school of thought is based on the assumption that individuals choose to commit crimes after weighing the consequences of their action
classical school
fear of punishment can deter them from committing a crime and society can control behavior by making the pain or punishment greater than the please of criminal gains
dei delitti e delle pene
on crimes and punishments
CESARE BECCARIA
he openly condemned the death penalty because the state does not possess the right to take lives and because capital punishment is neither a useful nor a necessary form of punishment developed in his treatise a number of innovative and influential principles
JEREMY BENTHAM
he admired BECCARIA’s work and believed that free will allowed people to make calculated and deliberate decisions related to the pursuit of their own happiness
principle of utilitarianism
“mankind is governed by two sovereign motives, pain and pleasure and the principle of utility recognized this state of affairs”
JEREMY BENTHAM
the object of all legislation must be “the greatest happiness of the greatest number”
hedonistic calculus
emphasized the principle that people have freewill to choose their behavior, those who violated the law were motivated by personal needs such as greed, revenge, survival, and hedonism.
felicific calculus
weighing of pleasure versus pain
classical school
its main principle is that “let the punishment fit the crime”
panopticon house/prison
it was to be a circular building with cells along the circumference, each clearly visible from a central location staffed by guards, constructed near or within cities so that it might serve as an example to citizens of what would happen to them should they commit crimes
presidio modelo (model prison)
was a former model prison of panopticon design, located on the isla de la juventud in cuba
panopticon
is a type of prison building designed by english philosopher and social theorist JEREMY BENTHAM
the concept of the design is that the cells are built at the edge of a circular building and a tower in the middle allows the watchmen to observe all cells from the same position
general deterrence
punishment of delinquents and criminal offenders will strike fear in the hearts of other people, thus making them less likely to commit acts of delinquency or crimes
specific deterrence
punishment will strike fear in the hearts of wrongdoers, thus making them less likely to offend others again
incapacitation
the simplest form of jurisdiction; wrongdoers should be locked up in jail since while they are imprisoned in an institution, they cannot commit offenses against other people in the outside world
retribution
this reason objects the idea that anything good or useful will follow or result from punishing offenders
neo classical school
it arose during the french revolution with the modification that children, lunatics, and others were not legally responsible for their actions
neo classical school
since classical school generalized that people have freewill, this school questioned that there are people who have the absence of freewill hence they must be exempted from punishment because they did not know what they were doing; they did not know what they did was wrong or what they did was the product of insanity
neo classical school
its fundamental notion is that “let the children and lunatic criminals be exempted from punishment”
positivist school
developed as an attempt to apply scientific methods to the study of the criminal while rejecting the legal definition of crime
positivism
a method of analysis based on the collection of observable scientific facts
positivist school
sometimes called as italian school of thought because of its composition which are mostly italians who agreed that in the study of crime the emphasis should be on scientific treatment of the criminal, not on the penalties to be imposed after conviction
CESARE LOMBROSO
an italian criminologist who founded the positivist school of thought and explained that criminals commit crimes because they are mentally ill, sick, and disturbed individuals; that is why they need to be treated instead of being punished
CESARE LOMBROSO
known as the FATHER OF CRIMINOLOGY
put his many years of medical research to use in his theory of criminal atavism; the idea that criminals manifest physical anomalies that make them biologically and physiologically similar to our primitive ancestors, savage throwbacks to an eralier stage of human evolution
CESARE LOMBROSO
FOUNDER OF CRIMINAL ANTHROPOLOGY
studied the remains of executed individuals who had been convicted of crimes and came with the THEORY OF BORN CRIMINAL which stated that criminals are a lower form of life, nearer to their apelike ancestors than non-criminal in traits and disposition
positivist school
school of thought that said that punishment should be replaced by a scientific treatment of criminals calculated to protect society
atavism
claimed a return to a primitive or subhuman type of man, characterized physically by a variety of inferior morphological features reminiscent of apes and lower primates, occurring in the simian fossil men and, to some extent, preserved in modern savages
atavism
the return of a trait or reappearance of previous behavior after a period of absence
atavistic anomaly
physically, their resemblances on the evolutionary scale to more primitive times where people were savages
born criminals
those that have pathological symptoms common with imbecile and the epileptic. LOMBROSO argued that if criminal behavior is inherited then this type of criminal could be distinguished by associated physical characteristics such as large jaws, high cheekbones, etc.
insane criminals
those who commit crime due to abnormalities or psychological disorders. this criminal type includes the alcoholic, kleptomaniac, nymphomaniac, child molester, and hysterical
criminaloids
one who commits due to less physical stamina/self control
occasional criminals
one who commits crime due to insignificant reasons that pushed them to do on a given occasion
pseudo criminals
one who kills in self defense
criminals by passion
individuals who are easily influenced by great emotions like fit of anger
RAFFAELE GAROFALO
he didn’t accept his teacher's (LOMBROSO) view regarding physical traits, rather he linked criminal behavior to a defect in their physiological make up
RAFFAELE GAROFALO
he traced the roots of criminal behavior not in the individual’s physical features but to their psychological equivalents, which he called “moral anomalies”
murderers
those who are satisfied from vengeance or revenge
violent criminals
those who commit very serious crimes
deficient criminals
those who commit crime against property
lascivious criminals
those who commit crime against chastity
ENRICO FERRI
a highly successful trial lawyer and perhaps italy’s greatest contemporary forensic orator, stated that “a person is legally or socially responsible for his actions by the fact that he is a member of society, not because he is capable of willing an illegal act”
ENRICO FERRI
argued that criminals should not be held morally responsible for their crimes because they did not choose to commit crimes but were rather driven to commit crimes due to economic, social, and political factors (moral responsibility)
ENRICO FERRI
he focused his study on the influences of psychological factors and sociological factors such as economics on crimes
born criminals
has congenital predisposition for crime
insane criminals
suffering from some clinical form of mental alienation
habitual criminals
on who has acquired the habit of crime mainly through an ineffective measures employed by society for the prevention and repression of crimes
occasional criminals
one who commits very insignificant criminal acts more because he is led astray by his conditions of life than because the aggressive energy of a degenerate personality impel him
passionate criminals
one who commits crime because of passion or revenge
positivist school
its main notion is that “let the punishment fit the criminal”
classical perspective
views crime as a product of situational forces; that crime is a function of freewill and personal choice
classical perspective
emphasized that the purpose of punishment is mainly to deter the occurrence of crime
swift, certain, and severe
the three principles of punishment that became the trademark of BECCARIA’s classical deterrence doctrine include ………
biological perspective
regarded crime as the product of internal forces. the focus of the perspective is mainly on the individual person itself. it may answer the question of why a person becomes a criminal. that crime is a function of chemical, neurological, genetic, personality, intelligence, or mental traits
process perspective
claimed that crime is a product of socialization or interaction of one person to another, and that crime is a function of upbringing, learning, and control. parents, teachers, environment, mass media, and peer groups may influence behavior. this concerns on how a person becomes a criminal
conflict perspective
stressed the causes of crime based on economic and political forces. crime is a function of competition for limited resources and power. law is a tool of the ruling class in order to control the lower class. it is designed to protect the wealthy people. crime is a politically defined concept.
biosocial perspective
sought to explain the onset of antisocial behavior such as aggression and violence by focusing on the physical qualities of the offenders. it concentrated mainly on the three areas of focus: biochemical (diet, genetic, hormones, environmental contaminants), neurological (brain damage), and genetic (inheretance)
psychological perspective
expressed that criminal behavior was the product of unconscious forces operating within a person’s mind and that conflicts occurring at various psychosexual stages of development might impact an individual’s ability to operate normally as an adult
developmental theory
it suggests that criminal behavior is a dynamic process influenced by individual characteristics as well as social experiences, and that the factors that cause antisocial behaviors change dramatically over a persons life span
latent trait theory
defined as a stable feature, characteristic, property, or condition, such as defective intelligence, impulsive personality, genetic abnormalities, the physical-chemical functioning of the brain and environmental influences on brain function such as drugs, chemicals, and injuries that make some people delinquency-prone over the life course
evolutionary theory
explains the existence of aggression and violent behavior as positive adaptive behaviors in human evolution. these traits allowed their bearers to reproduce disproportionately, which has had an effect on the human gene pool
CHARLES DARWIN
said that organisms evolve over generations through a process of natural selections
cheater theory
a theory under evolutionary theory which suggests that a subpopulation of men has evolved with genes that incline them toward extremely low parental involvement and become sexually aggressive who use their cunning to gain sexual conquests with as many females as possible
R/K selection theory
a theory under evolutionary theory which holds that all organisms can be located along a continuum based upon their reproductive drives
R - oriented people
reproduce rapidly whenever they can and invest little in their offspring
cunning and deceptive
K - oriented people
reproduce slowly and cautiously and take care in the raising of their offspring
more cooperative and sensitive to others
somatotyping theory
a theory which associates body physique to behavior and criminality
asthenic
ERNST KRETSCHMER
lean, slightly built, narrow shoulders
athletic
ERNST KRETSCHMER
medium to tall, strong, muscular, coarse bones
pyknic
ERNST KRETSCHMER
medium height, rounded figure, massive neck, broad face
WILLIAM SHELDON
according to him, people with predominantly mesomorph traits (physically powerful, aggressive, and athletic physiques) tend more than others to be involved in illegal behavior
endomorph
WILLIAM SHELDON
these people will have soft, fat, and round body, having predominance of abdominal region. they are sociable and relaxed (can be compared to pyknic type)
ectomorph
WILLIAM SHELDON
these are the people who are tall, thin, and flat chested, having the skin, bones, and neural structure predominantly. they are shy, reserved, and self conscious (can be compared with asthenic type)