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Samenvatting Lectures Advanced Criminology
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In dit document staan de lectures van Advanced Criminology van de minor van Criminology in het Engels geschreven.
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Lectures Advanced CriminologyLecture 1, 18-11-2021
Science and methodology
- Knowledge increase
- Science is systematic, looking for trends, among other things through a systematic,
scientific method
- Transparency of methods: e.g. systematic observation, experiments
- Scientific approach of the law
Criminology= The systematic study of the nature, extent, causes and control of law-breaking
and deviant behavior.
What do criminologists study?
The famous American criminologist Edwin Sutherland described the domain of criminology
as follows. Criminology is the science that
a. deals with the establishment of rules and laws, that
b. examines who commits such offenses and crimes in what way, as well as
c. the reactions to them of the government and the population and that
d. formulates theories about them.
,Empirical research
- Criminology is an applied social science in which criminologists acquire information
about crime based on empirical research.
- Testable hypotheses that are supported or refuted through empirical research
- This research forms the basis for understanding, explanation, prediction, prevention
and criminal justice policy.
Political and social changes
Subconclusion:
Current criminology is moving toward a more inclusive and expansive criminology that views
crime as harm — regardless of regulatory law.
Comparative and global criminology is moving toward recognizing the interconnectedness of
people in different countries and cultures.
Classical period 16th century
- The idea was that people were born as 'social types' with associated rights and
privileges such as status, wealth and power (e.g. landed gentry and serfs).
- Absolute monarchies, and "justice" was arbitrary (=willekeurig), barbaric and very
strict
- Corporal punishment and death penalty widely used (e.g. the gallows)
- Torture to force a confession
The enlightenment
An important change took place in the 17th century: utilitarian philosophers recognized the
injustices of the legal and political system.
The primary focus of utilitarian philosophers was to transform arbitrary criminal law into a
fair, equal, and humanitarian system.
Cesare Beccaria (1738-1794):
- Humans are born as free, equal, and rational individuals with both natural rights (e.g.
private property) and natural qualities (e.g. freedom of reason).
- Individual sovereignty; individual rights take precedence over the state – laws to
protect individuals.
- Elected legislators to be represented by the people, not church or religion.
- “The greatest happiness shared by the greatest number.”
, - The social contract, the legitimacy of the state's authority over the individual, arises
from a contract concluded between the two; certain freedoms are given up, including
the right to play in their own court, in exchange for protection.
- Crime breaks the social contract
- Responsibility to protect the innocent and convict the guilty
- Equal penalties for the same criminal offense (10 times same offense, 10 times same
penalty)
Idea of freedom (no forces, innocent until proven guilty)
Subsidiarity principle: The general aim of the principle of subsidiarity is to guarantee
a degree of independence for a lower authority in relation to a higher body or for a
local authority in relation to central government. It therefore involves the sharing of
powers between several levels of authority, a principle which forms the institutional
basis for federal states.
Proportionality principle
Legality principle
Weigh costs and benefits
Jeremy Bentham (1748-1832):
- Humans are rational beings whose laws must prohibit harmful behavior in order to
increase the happiness of the community.
- Founder of utilitarian school: seeking as much happiness as possible and avoiding bad
experiences, therefore penalties should be more in the form of sentences instead of
physical harm.
- Penalties are higher for repeat offenders
- Since punishment also inflicts damage, this is only fair if it reduces a greater evil.
- Rejected the death penalty, as it would do more harm than good and therefore
violates the principle of utilitarianism.
- Rational system of supervision in a prison
- Ultimate Disciplinary Prison: Inmates cannot see who is in central tower and/or they
are being watched
The shift to justice theory
Beginning in the 19th century, Darwinian evolutionary ideas, science and technology
promised to "liberate" mankind from the philosophical perspectives of the Enlightenment.
Specific scientific rules, such as observation and manipulation of variables were developed.
Violators were diagnosed and deemed to require treatment based on their diagnosis.
Shift from deterrence to rehabilitation (justice)
Rational choice theory
Rational choice theory explains how some people consciously and rationally choose to
commit crimes.
Potential offenders, with free will, consider the net benefits of committing crimes (cost-
benefits).
, Circumstances, situations and possibilities influence decisions, as these factors are taken into
account in the calculation of the cost-benefit analyzes of the risks (deterrence because of
change in situational factors, where costs will be higher than the benefits).
Situational and opportunity theories
1970s: 'Nothing works', what does work?
Situational opportunity theories are often termed environmental criminology because of
their focus on the ways in which the structure of the physical and social environment affects
the availability of criminal opportunities
Adjusting the environment (situation) to reduce the opportunity for committing a crime
(Clarke and Cornish 1983) should not only work in a deterrent way, but also a preventive
way.
Example: role of architects in manipulating the environment, the number of thefts decreases
after the introduction of the steering wheel lock.
Routine activities theory
Golden years of the welfare state: happiness yet
rising crime
Explanation of rising crime after WWII?
Mobility and daily activity changes
Targets become more accessible
Society is getting richer
Crime as inherent in our consumer society
Cohen and Felson (1979), later: CRAVED model
(Concealable, Removable, Available, Valuable, Enjoyable, Disposable)
Conclusion
- Basic idea that people think freely and commit crime based on rational choice
- Situations can be influenced to reduce crime
- Limitation: does not take into account differences between individuals (e.g. culture),
but also incapacitation (ISD)(=uitschakeling).
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