Chappy 8

Question 1

Pre 18th century beliefs about motivations of crime

Answer 1

Any pathology in human behaviour = evil spirits

Question 2

Judeo-christian teachings, what causes deviation?

Hint: 2

Answer 2

Temptation: morally weak succumb to deviation, people are wholly responsible for their lot in life

Possesion: being inhabited by a devil or spirit - trial by battle, ordeal, fire or water

Question 3

What happened during the inquisition?

Answer 3

Half a million put to death in 300years, Witches as a scapegoat for anger
Religious and political elites - distract attention from themselves and silence rebellious members of society

Question 4

The englightenment

Answer 4

considerable power shifted to merchant class 
scientific revolution calls for a change in thought - naturalistic explanation based on reason and scientific method 
shift away from

Question 5

The classical school, who founded? what was the goal?

Answer 5

Cesare beccaria (1764)
Disagreed with creulty/arbitrariness of current system
Push towards for humanitarian reform in europe

Question 6

The Classical Theory of Crime?
explain the social contract?
How can crime be detered?
give examples of specific reforms?

Answer 6

Rooted in enlightenment
Seeks to abolish preferential treatment
equates severity of crime with punishment
Crime is a result of rational choice, humans are rational beings

People voluntarily enter a social contract, they give up some freedom for a safer society, in turn the state has to provide protection w/out violating rights of citizens, to maintain order citizens must obey laws

Crime can be detered by means of swift and certain punishment
and laws are effective when they are easy to undersdtand

Specific reforms:
No execution for minor offences 
laws should be accessible to all 
garentee of rights 
fixed penalties 
due process safeguards

Question 7

Limitations of classical school? what did neoclassical school push for?

Answer 7

Equal punishment has drawbacks - judges can’t use discretion to assess specifics of a case

Neoclassical: sought more flexibility in justice system - allow judges to take into account offender characteristics, mitigating circumstances and motive

Question 8

The Statistical School?

Relevancy today?

Answer 8

Rejected the notion that humans are rational beings - crime is result of natural causes that ca be discovered using scientifc method - Behaviour can be altered

Geographic.Cartographic analysis: The regularity of crime over time and space meant this pattern was the result of social forces

Demonstrated value of testing theoretical formulations with empirical observations - many contemporary theories have roots in stat school

Question 9

The positive school?

Contributions?

Answer 9

Scientific method to compare criminals to non-criminals
Crime = biological factors beyond individuals control

Punishments should fit criminal not crime
probation and parole
mitigating circumstances
attempt at scientific explenation of crime

Question 10

Lombroso’s theory, Dr. Goring’s rebuttle?

Answer 10

Lombroso: Applies darwin’s theory to criminals who were deemed less evolved (atavists) which are distinguished by stigmata - physical signs of atavism
Incapacitation is only line of defence
Epilepsy - “Kernel of crime”

Dr. Goring: not physical but mental inferiority that leads to crime