Contemporary Classicism Flashcards
(24 cards)
What was the “bloody code”?
A pre-modern system with disproportionate punishments and over 200 capital offences.
Who held power in pre-modern justice systems?
The monarchy and the church.
What characterised punishment in this era?
Arbitrary, retributive, theatrical punishments without a rational system.
What was John Locke’s key idea?
The Social Contract: people have free will and should not be subjected to arbitrary punishment or religious control.
What did Beccaria argue in On Crimes and Punishments (1764)?
Punishment should be certain, swift (celerity), and proportionate to deter crime.
Founder of utilitarian thinking -deterrence
What is the concept behind the Panopticon?
Constant surveillance leads to self-regulation because prisoners never know if they’re being watched.
What principles of law stem from classicism?
Mens rea, mitigation, proportionality, and abolition of corporal punishment.
What modern theories are rooted in classicism?
Rational Choice Theory (RCT), Routine Activities Theory (RAT), Deterrence Theory.
What does RCT assume about offenders?
They are rational beings who weigh costs and benefits before offending
Who are the key theorists in RCT?
Becker (1968), Cornish & Clarke (1986).
What are Cornish & Clarke’s six assumptions?
- Crimes are purposive.
- Offenders make best decisions possible.
- Decisions vary by crime type.
- Involvement vs event decisions.
- 3 stages of involvement: initiation, habituation, desistance.
- Event decisions follow a sequence (prep, target, act, escape, aftermath).
What is ‘bounded rationality’?
Decisions are based on limited information, fast thinking, and immediate rewards.
What did Becker argue in relation to rational choice?
individuals will commit offences if the ‘expected utility’ of doing so is positive, and will not do so if it is negative.
Explain the three stages of involvement decisions?
Initiation – start committing crimes
Habituation – continue offending
Desistance – stop offending
These decisions can be affected by a number of factors e.g. background factors (personality or upbringing), current life circumstances, routines, and ‘situational values (needs, motives, opportunities and inducements)
What are event decisions?
Decisions during the crime act (planning, execution, escape).
Who developed RAT and why?
Cohen & Felson (1979) to explain rising crime despite improving social conditions.
What are the three conditions for crime under RAT?
Motivated offender
Suitable target
Absence of capable guardian
What type of offences does RAT focus on?
Direct-contact predatory offences.
What is the aim of Situational Crime Prevention?
Increase the risk and effort of crime to deter offenders.
Example of SCP in action?
Exit screening in supermarkets.
What kind of policies does classical theory influence?
Policies that reduce opportunity and increase deterrence through surveillance, punishment, and environmental design.
What is the ‘governmental project’ in criminology (Garland)?
The use of criminology to manage and control populations, especially subordinate groups.
What are the key features of ‘defensible space’ argued by Newman?
Territoriality – Encourage resident ownership and deter outsiders.
Surveillance – Enable easy observation to promote informal monitoring.
Image – Design to reduce stigma and avoid signs of vulnerability.
Environment – Place housing near safer areas to enhance security.
How does classicism relate to the Bloody Code?
Classicism opposed the Bloody Code’s excessive punishments, calling for proportionate, rational, and consistent justice to better deter crime
