Study Guide on Theories of Deviant Behavior and Criminal Law

Theories of Deviant Behavior

Biological Theories

  • Definition: Biological theories propose a genetic or physiological basis for deviant behavior and suggest that some individuals may be predisposed to commit crimes due to biological factors.
  • Expansion: These theories now include the impact of environmental contaminants, poor nutrition, and food additives on behavior.
Key Contributors

  • Lombroso:

    • Regarded as the "father of modern criminology," Lombroso suggested that certain physical characteristics denote a criminal type, theorizing that these individuals are throwbacks to earlier stages of human development.
    • Physical Characteristics:
    • Described "cave men" with long arms, crooked noses, hairy features, and a prominent forehead.
    • Believed that the shape of the skull indicates brain development, with bumps suggesting underdeveloped areas of the brain.

  • Gall:

    • Innovated phrenology, which correlates skull shape with personality traits and potential for criminal behavior.

  • Sheldon:

    • Developed the somatotype theory categorizing body types into three classes and correlating these with potential behavior:
    • Mesomorph: Muscular individuals tended to be involved in criminal activity.
    • Endomorph: Characterized by small bones and smooth skin, less likely to be criminals.
    • Ectomorph: Thin and fragile, considered to be non-violent.
Psychobiological Theories
  • Incorporate additional elements such as:
    • Environmental contaminants
    • Poor nutrition
    • Food additives
    • Physical trauma
    • Human DNA
Chromosome Theory
  • Focuses on genetic contributions to behavior, particularly:
    • Normal female: XX
    • Normal male: XY
    • "Super males": XYY
    • Individuals with XYY are more common in prison populations compared to the general population.

Psychological Theories

  • Overview: These theories aim to explain criminal behavior through individual psychological profiles.
Types of Disorders

  • Psychotic Disorders:

    • Characterized by an individual's disconnection from reality.
    • Schizophrenia: A type of psychotic disorder marked by disjointed thinking due to hallucinations and delusions, leading to impaired functioning over at least six months.

  • Anti-social Behavior:

    • Described as "moral idiots" (Cleckley, 1941) with a disconnection from a normal sense of right and wrong.
    • Psychopathic Individuals:
    • Born with genetic predispositions towards certain behaviors.
    • Sociopathic Individuals:
    • Develop anti-social behaviors primarily due to environmental influences.

Legal Foundations

  • Constitutions:
    • The Federal U.S. Constitution primarily outlines procedural limitations.
    • Provides minimal protections, allowing states to enhance but not weaken these protections.
Substantive vs. Procedural Law

  1. Substantive Law:

    • Definition: The law as written in legal statutes.
    • Roles: Defines/explains crimes, outlining elements of crimes, rights, and responsibilities.

  2. Procedural Law:

    • Definition: Concerns how laws are applied in practice.
    • Roles: Includes methods of enforcement and ensures due process.
    • Equal Treatment: Assures that defendants are treated equally, though not identically.

Corpus Delicti

  • Definition: Latin for "the body of the crime."
    • Requires evidence that proves a crime has occurred before an individual can be convicted.
    • Examples of evidence:
      • The body of a murder victim can be part of the corpus delicti, which demonstrates that a crime was committed.

Discretion in Criminal Law

  • Definition: The freedom to make independent decisions about how to proceed within the law.
  • Types of Discretion:
    a. Police Discretion: Officers deciding how to enforce laws.
    b. Prosecutorial Discretion: Prosecutors determining whether to bring charges or plea deals.
    c. Judicial Discretion: Judges making decisions regarding court procedures and sentencing.
    d. Correctional Institutions Discretion: How institutions administer punishment and rehabilitation.
    e. Parole Boards Discretion: Decisions on parole eligibility and conditions.