Chapter 4 Flashcards

(44 cards)

1
Q

demonology

A

an ancient perspective of crime that considers antisocial behavior as being caused by an evil entity who lives inside an individual and overtakes his or her personality

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2
Q

socialization

A

the process of acquiring a personal identity and learning how to live within the culture of one’s society

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3
Q

classical school of criminology

A

a set of ideas that focuses on deterrence and considers crime to be the result of offenders’ free will

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4
Q

(The) Enlightenment

A

a period during the 17th and 18th centuries in Europe in which great strides were made in philosophy and science

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5
Q

social contract

A

the idea that individuals in a society are bound by reciprocal obligations

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6
Q

ultilitarianism

A

the idea of seeking the greatest good for the most people

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7
Q

hedonistic calculus

A

a method proposed by Jeremy Bentham in which criminal offenders calculate the worth of breaking the law by estimating the positive consequences versus the possible negative consequences

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8
Q

proportionality

A

the idea that the most serious criminal offenses should have the most severe penalties

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9
Q

scientific method

A

a process of investigation in which phenomena are observed, ideas are tested, and conclusions are drawn

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10
Q

positivist school of criminology

A

a set of ideas that considers crime to be the result of external, observable forces that can be measured

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11
Q

determinism

A

the idea that everything occurs, including the choices made by human beings, inevitably follows from previously existing causes

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12
Q

neoclassical criminology

A

a theoretical resurgence in classical criminology that emphasizes free will and deterrence and acknowledges some of the effects of positivism on decision making

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13
Q

soft determinism

A

the idea that free will is affected by outside influences

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14
Q

permeditation

A

in reference to crime, the planning of a criminal act

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15
Q

deterrence theory

A

the concept that punishment prevents more crime from occurring

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16
Q

specific deterrence

A

the idea that punishing one person for an offense, usually by incarceration or execution, will prevent that person from committing another offense

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17
Q

general deterrence

A

the idea that punishing one person for an offense will provide an example to others not to engage in crime

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18
Q

rational choice theory

A

the concept that offenders calculate the advantages and disadvantages not only of breaking the law, but also of what type of offense to commit

19
Q

situational crime prevention

A

an extension of rational choice theory that considers situational factors that can be modified to discourage crime

20
Q

routine activities theory

A

the concept that crime occurs when three elements converge:
1- motivated offenders
2- attractive targets
3- absence of capable guardians

21
Q

The exorcist

A

supernatural perspective

devil works through humans to break the law

22
Q

oceans 11

A

classical school

Offenders weight the risk of getting caught vs the potential rewards for succeeding

23
Q

no country for old men

A

classical school

Illustrates how the moral calculus is applied to crime

24
Q

a clockwork orange

A

neoclassical perspective

Alex( the hoodlum) freely chooses to act in antisocial ways
Classical conditioning is used to modify his behavior

25
the silence of the lambs
positivist school mental illness is cause of antisocial behavior
26
Malcolm x
positivist school antisocial behavior
27
Thomas Hobbes
Individuals concede to the sovereign the right to make the rules of society and to enforce them
28
John Locke
To receive obedience, the sovereign must respect the rights of the governed; if the sovereign violated the social contract, subjects had a right to rebel
29
Jean-Jacques Rousseau
Inalienable natural rights are granted to humanity because they are inherent in the social contrace
30
Classical school- Hobbes
Giving up one’s liverties and freedoms assures people safety and the uniform enactment and enforcement of laws This extremely negative position is needed to control the competing desired and demands of members of society
31
Classical School- Locke
But, more positive view- The power of the sovereign is not absolute. Sovereign must respect the rights of the governed. If a sovereign violates the social contract, subjects have the right to rebel and demand a change. Sovereign’s power is not ordained by GOD.
32
Classical School- Rousseau
the opportunity to participate in public affairs should be given to as many people as possible. Majority is more often right than wrong. The state has a personality….that has a morality that can fufill the community’s will
33
Natural Law
humanity has inalienable natural rights
34
human law
a product of individuals deceasing how to govern themselves
35
Cesare Beccaria - 6 ideas
1- Rational punishment is necessary to preserve the social contract 2- The legislature makes laws, and a judge determines guilt 3-Individuals act to maximize pain 4-Rationally calculated punishment is a form of social control 5- Deterrence is the object of social control 6- The law should focus on the acts and not the actors
36
Jeremy Bentham ideas
Utilitarianism hedonistic calculus proportionality
37
Classical school principles
Human nature is based on hedonism- Free will- individuals make rational decisions when they decide to break the law Governments must respect citizens’ rights as long as it is consistent with public safety Critizxens are entitiled to due process Citizens are innocent until proven guilty
38
Positivist school principles
scientific method- underlies it offender matters more than the offense intdeterminate sentencing more affective than determinate sentencing
39
indeterminate sentencing
a prison sentence that specifies a range of years to be served, with no set date of release
40
determinate sentencing
a prison sentence that specifies an exact number of years to be served
41
Positivist School Issues
reinforces the social structure that caused offenders to commit crime in the first place Offenders do not then take responsibility for their own actions offenders as different from law-abiding people and in need of intervention to reform. So, they are seen as “sick” or in need of therapy
42
Three limiting factors to idea of free will- neoclassical criminology
premeditation mitigating circumstances insantiy
43
mitigating circumstances
a circumstance in the commission of an act that lessens the degree of criminal culpability ex: stress, poverty, social pressure
44
M'Naghten rule
test for criminal insantiy It is applied to determine whether a person accused of a crime was sane at the time of its commission and, therefore, criminally responsible for the wrongdoing