Psychological Theories

  • Individualistic Explanations: Theories focus on individual behavior rather than societal factors.

  • Psychotic Disorders: Mental illness characterized by a disconnection from reality.

    • Definition: Psychotic disorders involve severe disturbances in cognition and perception.
    • Example: Hearing voices, which can be a symptom of schizophrenia.

  • Schizophrenia: A type of psychotic disorder.

    • Characteristics: Disjointed thinking often due to hallucinations and delusions.
    • Duration: Symptoms must last for at least 6 months for a diagnosis to be made.

  • Anti-Social Behavior: Described as behaviors that harm or lack regard for the well-being of others.

    • Moral Idiots: As defined by Cleckley (1941), individuals who can't differentiate between right and wrong.
    • Empathy: People with anti-social behavior often exhibit a lack of empathy or inability to comprehend another’s pain and suffering.

  • Psychopathic vs Sociopathic: Distinction based on origin.

    • Psychopathic: Believed to have hereditary or genetic origins.
    • Sociopathic: Often attributed to environmental factors or upbringing.

Legal Framework

  • Constitutions: Various constitutions define crimes and the legal framework.

    • Federal (U.S.) Constitution: Primarily outlines procedural limitations for legal processes.
    • U.S. Constitution Protections: Establishes minimal protections for individuals, allowing states to enhance protections but not diminish them.

  • Substantive vs Procedural Law: Different categories of law.

    • Substantive Law: The 'law in the books'. It defines and explains the elements of crimes and outlines rights and responsibilities.
    • Procedural Law: How laws are enforced and the processes associated with legal system applications. This includes ensuring due process rights are upheld for all defendants.

  • Corpus Delicti: Refers to the body of evidence that must prove that a crime has been committed before an individual can be convicted.

    • Example: In a murder case, the corpse is part of the corpus delicti but does not entirely represent what corpus delicti means.

More Theories on Deviant Behavior

  • Biological Theories: Suggest genetic or physiological bases for deviant behavior.

    • Genetic Factors: Certain genes might predispose individuals to criminal behavior.
    • Physiological Influences: Factors like malnutrition and food additives can potentially impact behavior.

  • Lombroso's Theory: Known as the father of modern criminology.

    • Concept of Atavism: Criminals are seen as throwbacks to earlier stages of human development, often described as having distinct physical traits (e.g., long arms, crooked noses, hairiness).
    • Phrenology: The study of skull shape to determine mental traits, associated with the belief that shape can indicate aspects of personality or criminality.

  • Sheldon's Somatotypes Theory: Classifies body types to predict criminality.

    • Types:
    • Mesomorph: Muscular and strong; often associated with a predisposition to crime.
    • Endomorph: Characterized by fatness and smooth skin.
    • Ectomorph: Thin and fragile physique.

  • Psychobiological Theories: Explore the interplay of biological factors and environment in behavior.

    • Environmental Contaminants: Links between physical environmental factors (such as pollution) and behavior.
    • Nutrition Influence: Poor diet and additives can play a role in predispositions to crime.
    • Trauma and DNA: Past physical trauma affecting behavior as well as genetic predispositions.

  • Chromosome Theory: Discusses abnormalities in chromosome structure as a possible link to criminal behavior.

    • Normal Female: Typically has XX chromosomes.
    • Normal Male: Typically has XY chromosomes.
    • Super Males: Individuals with XYY chromosomes, often found more frequently in prison populations than in general public, may have increased aggression or deviant behavior tendencies.

Discretion in Criminal Law

  • Definition of Discretion: The freedom to make independent decisions on how to proceed in legal matters.

    • Application in Criminal Law: Discretion is important in various stages of legal processes to ensure fair treatment and due process.

  • Types of Discretion:

    • Police Discretion: Officers' ability to decide on actions in the field.
    • Prosecutorial Discretion: Prosecutors determine whether to pursue charges or propose plea deals.
    • Judicial Discretion: Judges have the power to make decisions on sentencing and legal interpretations.
    • Correctional Institutions Discretion: Choices made about trial management, probation, and parole.
    • Parole Boards Discretion: Board members evaluate whether an inmate should be released early based on behavior and other factors.