Biological Theories and Policy Development Flashcards
what are the 3 biological formal policys
the law on diminished responsibility
chemical castration
eugenics
what is formal policy making
governmental policies and laws made by authority figures which go through parliament these are official ideas used to prevent crime such as prison sentences or community order.
what is crime control policies
the laws regulations and other governments actions that are designed to reduce criminal acts.
what are state punishment policies
sanctions laid down by the law that can be imposed on those convicted of a crime e.g. prison
what is informal policy making
done by less authoritative figures and are not enforced nationally. It relies on social institution to promote lawful behaviour.
what is the formal policy on the law on diminished responsibility
a partial defence to murder, which reduces the charge to voluntary manslaughter.
This changes the sentence from mandatory life to discretionary life. The defendant must “be suffering from an abnormality of mental functioning caused by a medically recognised condition
application to law on diminished responsibility
Byrne (1960) He was a sexual psychopath who murdered a young girl and then mutilated her body. He did so as he was suffering from irresistible impulses which he was unable to control. can directly link this to Raine biological theory of abnormality
arguments for diminished responsibility
It recognises that people with medical proof of a mental abnormality may not be fully responsible for their crimes and therefore require a different conviction.
arguments against diminished responsibility
People consider it is unfair that a defendant can use this principle to lessen their conviction as it doesn’t give justice towards the victim’s family.
does diminished responsibility work
It may get people psychiatric help and therefore prevent reoffending.
It may not reduce crime as someone who uses this defence will likely get a more lenient sentence.
what is the formal policy of eugenics
is the practice or advocacy of improving the human species by selectively mating people with specific desirable hereditary traits. Used as a means of controlling “undesirable” populations - Immigrants, ethnic minorities, poor people, unmarried mothers, the disabled, the mentally ill, etc.
Arguments for eugenics
genetic theories would support the idea of eugenics. For example, twin and adoption studies have shown that criminality may run in the family genes.
arguments against eugenics
Due to the association that eugenics has with Nazism and its impact on human rights it is unlikely that a country would adopt the use of it as a crime control measure.
do eugenics work
It doesn’t, there is no scientific evidence to prove without a doubt that certain group will give birth to criminal offspring.
what is the formal policy of chemical castration
sometimes called medical castration, refers to the use of chemicals or drugs to stop sex hormone production. In Iowa, California and Florida offenders may be sentenced to chemical castration in all cases involving serious sex offences. The drug cyproterone acetate has been commonly used for chemical castration throughout Europe.
