JS 319 - Lecture 3

The oldest known explanation of criminality is the Demonological approach in Europe (1300-1700): - Core Aspects:
- Based on religious authority.
- Viewed crime as sins with the criminal being a sinner.
- Concept of transgression or crime is seen as against God.
- Characterized by notions of spiritual battle between good and evil.
- Main explanations: Temptation and demonic possession.
Punishment Characteristics: - Cruelty, public humiliation, and arbitrariness were prominent:
- E.g., in the English penal code known as the “Blood Code,” over 250 offences led to death penalties.
- Example: In 1878, a 7-year-old girl was sentenced to death in Canada for stealing a petticoat (Kramar, 2011, p.81).
Modern Implications: - Concepts from this era have impacted current criminal justice systems, such as chaplaincy and 12-step programs.

Selfish vs Compassionate Views: - Skinner's perspective suggests the world is dangerous, competitive, and filled with absolute right and wrong; children are born bad and need constraint.
- Prophetic perspective, on the other hand, posits that humans are fundamentally well-meaning, with “bad” behavior being a social rift needing healing (Clark, 2005).

Hobbes asserts that legitimate government arises from the voluntary agreement of free individuals who can exercise free will.
Key Concepts: - Human nature is selfish and self-centered.
- Life without social control is a 'war of all against all,' resulting in a life considered 'nasty, brutish, and short.'
- The social contract is a trade-off where individuals surrender freedom for safety.

Originated in the questioning of legal definitions of crime by figures like Beccaria and Bentham during the 18th century.
Core principles include: 1. Humans have free will and are rational actors.
1. Individuals possess certain inalienable rights.
2. A social contract exists between citizens and the state whereby breaches (crimes) necessitate punishment intended as deterrence and social preservation (Williams and McShane, 1999).

Author of Dei Delitti e Delle Pene (On Crimes and Punishment) - influential criminal justice text. Translated into 22 languages. - Emphasizes social contract theory, stating individuals must consent to societal norms.
- Theoretical Foundation:
- Human behavior is based on free will and hedonism, indicating actions are driven by the pleasure-pain principle.
- Key propositions regarding punishment:
- Should be swift, certain, and proportional to the crime.

Following Beccaria’s influence, Bentham proposed addressing crime through a utilitarian lens. - Key text: An Introduction to the Principles of Morals and Legislation (1789)
- Humans are driven by pain and pleasure, thus pursuing actions that enhance pleasure while avoiding pain.
- Believed in rational calculations by criminals; punishment must exceed derived pleasure from criminal acts.
- Critically approached the issue of capital punishment: deemed it barbaric and unnecessary but accepted potential utility of torture.
- Published design for Panopticon prison model to instill self-regulation among inmates.

Make the costs of crime exceed potential rewards.
Promote fear of punishment.
Complicate opportunities for crime (i.e., make suitable targets harder to reach).

Crime occurs when three elements converge: 1. Motivated offender
1. Suitable target
2. Absence of a capable guardian
Contextual Examples: - Examples of offenders and targets in various environments (homes, neighborhoods, workplaces).
- The importance of guardianship in preventing crime.

Assumes a general motivation exists for committing crime if conditions allow, not explaining individual choices.
Challenges in measuring pleasure and consequences of criminal acts
Neglect of spiritual, psychological, and biological factors affecting behavior.

Task: Reflect on questions of criminal responsibility as presented in the lecture and in the relevant TED talk by Phil Zimbardo.
Submission details: Journal submission due by September 24, 11:55 PM.