What were the suggestions of the demonological and spiritual approach? correct answers - criminals were possessed by demons
- criminals were "evil", individual acted beyond control as demons took over
- crime was a conflict between private citizens rather than a conflict with the state
What di...
Crim 310 Midterm || with 100% Errorless Answers.
What were the suggestions of the demonological and spiritual approach? correct answers -
criminals were possessed by demons
- criminals were "evil", individual acted beyond control as demons took over
- crime was a conflict between private citizens rather than a conflict with the state
What did the Church introduce as punishments and why were these sometimes ineffective
deterrents? correct answers - Trials eg by fire, battle, duel to make the system more fair
- ineffective when someone had high physical strength or high pain tolerance...could get away
with more
Michel Foucault; Power and Knowledge correct answers - Power and Knowledge are the same
and inseparable
- Power and Knowledge feed off one another; people in power have access to knowledge and
they decide what knowledge is given to others
Why does Foucault believe we must be critical of the knowledge we have access to? correct
answers Because people in power decide what knowledge we have access to
Foucault on Punishment correct answers Decrease of harsh punishments from past to now is
because less punitive punishments are more *economically efficient*
(not because we've become more compassionate)
What explanation of crime rejected the Spiritual/Demonic Possession explanation? correct
answers The classical school
The Classical School; focus correct answers *Rationality and Hedonism*
Assumes that rational persons weigh the benefits and harms before acting
What were the suggestions of the classical school? correct answers - humans have *free will*
- humans make calculated decisions to be involved in crime; if behaviour bound to benefit them,
more likely to do it
How did the classical school make changes in the CJS? correct answers - first use of
imprisonment as punishment
- wrote down laws = promoted equality and transparency and eliminated class bias
- written down laws more likely to be applied fairly
- sentencing
Who said that criminal behaviour is the result of free will? correct answers Jeremy Bentham
(1748-1832)
Jeremy Bentham (1748-1832) correct answers - free will to make decisions
- hedonistic calculus to make decisions
- punishment should be fair and fit the crime
,Bentham: Hedonistic Calculus correct answers people weigh the pros and cons; in the moment
based on environmental cues that would allow them to get away with it or be caught;
seeking pleasure and avoiding pain
Bentham: Fair and Fit the Crime correct answers Punishment should be *swift, certain, severe*
Bentham: why should punishment be swift, certain, and severe? correct answers Overly harsh
punishment and needless laws cause public to lose respect for the system
Cesare Beccaria (1738-1794) correct answers - presumption of innocence
- punishment should be severe, certain, and swift to deter
What did Beccaria and Bentham agree about regarding deterrence? correct answers Severity of
punishment was less important than certainty and swiftness (celerity)
Severity correct answers Punishment must be comparable to the harm caused by the crime
Certainty correct answers Chance of being detected must have high level of certainty; offender
must perceive they are likely to be caught and punished
Celerity/Swiftness correct answers Punishment should take place shortly after the act
Who's thoughts are still noted in legislation today? Eg American Constitution correct answers
Beccaria of the Classical School
The Positivist School; focus correct answers - "science of crime"; assumes factors beyond our
control and dictate behaviour
- crime is result of factors that can be identified using scientific method
- explaining criminal behaviour rather than specific criminal act
How did the Positivist School respond to the Classical School? correct answers Suggested that
humans do NOT have free will
The Positivist School; Determinism correct answers the way people behave is due to the
circumstances beyond their control (eg biological, psychological, social, environmental factors)
How do Positivists believe in studying human behaviour? correct answers By studying them
SCIENTIFICALLY; eg in a lab
How did the positivist school influence the CJS? correct answers - rehabilitation
- parole
- use of scientific experts
Biological Positivism correct answers - humans are naturally selfish because evolution requires
this
, - humans subject to same biological drives like any other animal
- law represents a consensus in society and defines normal
Biological Positivism; what does it explain correct answers - chronic offenders, antisocial
criminals
(stays away from criminal law and crime rates)
Early Biological Positivism believes correct answers - criminal behaviour could be determined
by physical characteristics, physical behaviours, and bodytypes
What were the key influences of the biological positivist theories? correct answers - psychiatric
work on psychopaths (insanity)
- physiognomy and phrenology (skull shapes and appearance in criminality)
- evolutionary theory
Contemporary Biological Positivism believes correct answers - criminal behaviour result of
genetic + environmental factors
- must study brain abnormalities
Early Positivists correct answers *Lombroso* (Criminality is inherited, 5 types of criminals)
*Ferri* (disputed biological and focused on psychological)
*Garofalo* (natural theory of crime -- embraces violent and property crimes, student of
Lombroso, attributed crime to phsyiological makeup rather than physical traits...."nature")
Theory of the Atavistic Man (1876); Cesare Lombroso correct answers - distinct and physical
differences between criminals and non-criminals
- based on physical features, criminals were *less evolved* than law abiders
Cesare Lombroso correct answers - theory of atavistic man
- father of modern criminology
- physician and pathologist
Lombroso's system of criminal classification correct answers - Born criminals (born to commit
crime due to insanity or epilepsy)
- Criminals of Passion (commit crimes in various situations or for politically motivated reasons)
- Insane or Mentally Defective (low IQ, alcoholism)
Who set out to disprove Lombroso's theory on the Atavistic Man? correct answers Charles
Goring (1913)
What did Goring argue? correct answers There was little difference in physical characteristics of
criminals and non-criminals
- no connection between crime and "defective intelligence" eg epilepsy, insanity
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