crim midterm 2

the proletariat is alienated from:

4 types of alienation

1. the process of labour

2. product of labour

3. fellow workers

4. oneself

Classical school of criminology

• origin is considered to be the 1764 publications of On Crimes And PunishmentsI By italien scholar cesare bonesana, marchese beccaria

  • wrote this book

  • “father od classical criminology”

influences on beccaria and his writtings

• he was a child of the enlightenment - highly influenced by the concepts that these great thinkers proposed

• he emphasized the concept of the social contract and the idea that citizens give up certain rights in exchange for the states/governments protection.

beccarias proposed reforms and ideas of justice

• he believed in legislatures elected by the citizens rather then judges

• his main goal was to prevent a single person from assigning an overly harsh sentance to a defendent and allowing another defendent in a similar case to walk free for the same criminal act

• he believed that the true measures of crimes is namely the harm done to society

1st degree murder - requires proof of planning

2nd degree murder - involves no evidence of planning but rather a spontaneous act of killing

manslaughter

mens re- literally, guilt, mind

actus reus- literally, guilt, act

beccaria only belived in the actus reus because he claimed that an act against society was just as harmful regardless of intent or mens rea

beccarias ideas regarding the death penality

• he was against the use of capital punishment

• “the punishment of death is not a right

• if the government endorsed death of a citizen it would provide a negative example to the rest of society-

beccarias concept of dterrence and the three key elements of punishment

1. swiftness

   1. was to reform a system that was too slow to respond to offender

   2. becuase of privation of liberty, being itself

The process of correctional change

• occurs when one or more of the following happens

  • severityu of punishment of convicted offenders is modified

  • exlanations of criminal behaviour change

  • new structural arrangements such as penitentiary are created for sanctioning offenders

  • the number or proportions of offenders involved in the correctional process changes

why do these changes occur?

David rothman

• argues that the building of the first penitentiery in america was due to a change in how crime was viewed

• crime and other social problems were felt to be a natural part if society and not a threat to social order

michael foucault

• examined the use of imprisonmnent by the french monarchy

• he argued that the prison was designed to improve rather then reduce punishment by removing it from public view and shifting the focus of the punishment from body of the offender to his mind

micheal ignatieff

• focuses on the transformations caused by the industrial revolution in europe and argues that prisons were built in an attempt to combat growing social disorder

cohen identification of four historical developments in the response to crime and deviance

1. increasing centralization of the response to crime and criminals and the concurrent develpment of bureaucratic insitituutions to carry out this task

2. the classification of criminals and deviants through the use of experts scientific knowledge

3. the contrustion of prisons and aslyums as places in which reform criminals and deviants

4. the lessesing of the severity of physical punishment and increased focus on the mind of criminal/deviant

reviewing the history of systems of punishment and correcction, several trends are evident

• an increasing centralization and professionalization of punishment and correction with formal agents of control assuming responisbility for the identification, response and sanctioning of offenders

• the diminishing role of the community in the punishment and corrections of offenders

• concern with the effectiveness of the punishment in protecting society and in reducing the likelyhood that offenders will commit further offences

perspectives on punishment and corrections

• explanations of crime and the response to criminal offenders have always been significantly influenced by social, political, religious, economic and demographic factors in society

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criminal behaviour is detemrined by biological, phychological, physiological and sociological factors

the scientific method should be used to study criminal behaviour and identify criminal types

the evolution of punishment: the british legacy

• blood feud - victims family or tribe avenged themsleves on the family or tribe of the offender

• period prior to the middle ages

  • response to criminal behaviour was punishment

  • death penality- hanging, buried alive, stoning, boiling alive, crucifiying, drowning

  • corporal punishments aswell such as exile and fines

• imprisonment was not used as a form of punsihment till 1500

age of enlightment

• transition from corporal punishment to imprisonment

John howard and elizabeth fry

• howard proposed a number of reforms relating the use of confinment including providing single sleeping rooms for convicts, segregating women and young offenders from men, buildinf facilities for bathing and employing honest and well trained prison administrators

• fry was 1 volunter to work with the female convicts in early 19th centrury england

  • she gave attention to convicts mother

crime and punsihment in early canada

why does the working class commit crime?

• economic reasons

  • utilitarian crimes

• emotive reasons

  • non utilitarian crimes

capitalist values encourage crime

• consumerism

• greed

• competition

• success

• individualism

conflict criminology

• laws and the CJS are not neutral or objective

• but rather they serve the interest of the powerful segment of society at the expense of the less powerful

• the cjs operates to favour the powerful segments of society by

  • how laws are defines - law making

class consciousness:

• an awareness of ones class status and having the ability to act in its own rational interests

capitalist ideology

• a belief system perpetuated by the bourgeoisie that capitalism benefits everyone

false consciousness:

• the inability to clearly see where ones own best interest lie

what is the solution to crime?

• proletariats must gain class consciousness

• capitalist must be eliminated - no more private property

• a new social order must be established - (communism)

  • achieve by having a revolution

capitalism and crime

• crime is inevitable in capitalist society because capitalism is crimogenic

• by its very nature capitalism encourages and causes all classes to commit crime

• crime committed by the wrong class is a response to the social inequalities created by the capitalist system

according to conflict criminology: crime must be understood as an outcome of broader structural issues

what level of analysis is this?

• macro

the industrial revolution

emerge of capitalism

• economic system that is categorize by private

two class system

• the bourgeois

  • they have power own business

• the proletarials

  • work production

wjay was factory life like?

• overworked- child labour, no breaks, families were separated

• underpaid

• horrible condition

why did people continue to work under such conditions

• they could easily be replaces

the beginnings of modern reform

• change to the strict rule of silence

• inmates got paid for their work

prisoners displaying good conduct were granted

• lighting in their cells to read

• permission to write a letter every 3 months

• one 30 min visit per months

the panopticon

• central tower with windows that are tinted

  • you can see everyone

• inmates become self regulated

first prison in Canada

• Kingston penitentiary

• 1835

The Genesis of Prisons

• A demand for an alternative to capital punishment, transportation and hulks

• A demand for more humane and rational approaches to punishment

• Ideas of the Enlightenment and the influence of classical Criminologists

• They need for a punishment that treats offenders equally

• The deprivation of liberty

• A shift in the focus of punishment from the body of the offender to their mind

The influence of reformers:

• John Howard -The state of Prisons in England and wales (1977)

• Elizabeth Fry

The Penitentiary Belief: The criminal is a rational being who can reformed

Goal: To transform the criminal from a convict into an industrious and useful citizen

How ? Remove corrupting influences Through penitence ( "penitentiary") Hard. labour Teaching discipline / Enforcing routine

What object was the symbol of discipline and controlled the convids day? Punishment L> the boll

Precursors to Prisons

Ls Dungeons

• Execution

L Clerical penance

• It involved the church

• they would be send to monasteries

L Debtor's prison

• For people in debt

• All family was send there

• They would pay off their debls

L> Bridewells / Workhouse

• Individuals that are unemployed and unwilling to

work

• Gave them shelter, work, low income

• It was used as a treat

L> Asylums

• Peade that were insane " lunatic"

L> Local Jails

• They were not a form of punishment

• People awaitina trial

• People awaiting punishment