Midterm 2 Flashcards
(126 cards)
1
Q
The principle of
______ represented the core of the philosophy of the Classical School,
A
“let the punishment fit the crime”
2
Q
Judeo-Christian teachings offer two powerful explanations for the role evil spirits play in crime
A
sinful behaviour: temptation and possession.
3
Q
Blaming existing social problems on the Devil and other evil spirits was a means to achieve 2 objectives.
A
First, this diverted the public’s attention and blame from the elites
Second, those in power made themselves indispensable by arguing that they alone had the knowledge and
power to deal with the threat posed by the Devil
4
Q
linking morality to rebellion, the authorities effectively prevented anyone
from…
A
challenging the status quo, and those who did were severely punished and said to be going against god
5
Q
Classical School
A
Considered to be the first formal
school of criminology, associated with
18th- and early 19th-century reforms to the administration of
justice and the prison system.
Associated with
Cesare Beccaria,
Jeremy Bentham,
Samuel Romilly, and
others,
this school brought the emerging philosophy of liberalism and utilitarianism to the justice system, advocating principles of rights, fairness, and due process in place of retribution, arbitrariness,
and brutality.
6
Q
Cesare Beccaria
A
Essay on Crimes and
Punishments.
much to focus the movement for humanitarian reform that was gaining momentum throughout Europe, for Beccaria was criticizing the cruelty and inhumanity that characterized the criminal justice system of his day
7
Q
Classical theorists were based on a well-developed theory of the causes of crime:
A
people broke the law because they thought that doing so would advance their own interests. crime is a rational self interest and thought out activity that is not driven by evil influence.
8
Q
unfair punishment was seen as a violation to the _____ by beccaria
A
social contract
9
Q
With a new theory as to the cause of crime, classical theorists went about controlling it via ______
A
deterrence
the punishment should fit the crime and be proportional to the harm done
it should be swift, certain, and consequences understood
10
Q
the law should be determined by the _____. Trials should be _______, and the role of the ______ was restricted to the determination of guilt
A
legislature
public
judiciary
11
Q
crime,” Beccaria shifted the focus away from the
______ and onto the ______.
A
actor
act
12
Q
flaw with Beccaria’s “punishment should fit the crime”
A
those with wealth and power shaped the law so reforms did little to help with the ownership of property
fines affected the wealthy less
did little to account for motive and mental competence
13
Q
neoclassical theory
A
Neoclassical theorists sought to allow more flexibility in the justice system—for example, by individualizing sentences to take into account offender characteristics and extenuating circumstances. free will but based on circmastances
14
Q
deterrence
A
As used in criminal justice, it refers to crime prevention achieved through the fear of punishment
15
Q
classical theory had a simplified view of ___________
A
human nature
16
Q
statistical school
A
Associated with early social scientists such as Adolphe Quetelet (1795–1874) and AndréMichel Guerry (1802–66),
began exploring European societies with the assistance of statistical methods. also developed a structural explanation of crime and other social problems (crime is related to the social structure, including the social conditions in which it occurs).
17
Q
positive school
A
Cesare Lombroso and his followers were among the first to study crime scientifically.
They believed that crime was caused by biological factors beyond the individual’s control, and could be identified by physical appearance
though social factors became more important as this school of thought changed over time.
18
Q
atavism
A
Cesare Lombroso believed that some people were born criminals. These born criminals were throwbacks to an earlier stage of evolution—atavisms—and were morally inferior to the rest of the population. Lombroso’s research focused on physical differences (stigmata) that could be used to identify atavisms.
19
Q
stigmata
A
The physical signs that a person is an atavism.
20
Q
lombroso’s types of criminals
A
born, occasional, epileptic, criminal insane, crimes of passion, criminaloids-those that did not fit into the other categories
21
Q
indeterminate sentence
A
A sentence that has no fixed release date. Release is determined by a parole authority based on the individual’s behaviour incarcerated for “the sake of society”
22
Q
early 20th century biological
A
Related criminality to several types of theories of biological inferiority, including intelligence and body shape.
Goring, Hooton, Sheldon, and Goddard
23
Q
issues with binary approaches
A
if you believe one side then you are automatically opposed to the other, also can oversimplify topics and miss nuances
24
Q
logical consistency
A
not holding ideas that contradict themselves
if you believe that people should be held responsible for their actions, you also have to believe that they have free will and chose to act the way they did
25
“mixing and matching”
can’t just pick and choose values
if you believe in free will, you can’t also believe that it is society’s responsibility to make sure people make wise choices
26
what is a theory
Set of verifiable principles about a thing or behaviour. a tool that helps us understand things, intersectionality helps us see and understand how overlapping marginalized aspects affect people
27
Pre-Enlightenment Theories of crime
inspired by religious beliefs and superstition, spirits and magic that could alter human behaviors
28
demonology
everything that happened was a result of good and evil forces, lead to hard punishments as crimainals were also seen as going against god
2 main explanations-temptation and possession
could be used by the upper class to silence people
29
temptation
-Humans have free will and can choose their behaviour.
–However, the Devil tempts; righteous believers are told they can resist the Devil through their faith.
– Those who are sinful are weak and morally inferior.
30
possession
– Wrongdoers are possessed by evil spirits and no longer able to choose between good and evil.
– Evidence of guilt determined through trials is intended to differentiate between the righteous and the sinner.
– Severe and often fatal methods used to rid a person of such spirits.
31
blaming social issues on the devil served 2 functions
• 1. It diverted attention from the failings of elites and placed blame on individuals who were “possessed” by the Devil.
• 2. Those in power made themselves indispensable by saying only they could stop the Devil.
32
pre-enlightenment, people challenging the status quo were branded as…
heretics, questioning god
witches were independent women that men were threatened by
33
The scientific revolution brought during the Enlightenment caused a change in thinking
• The focus pre-enlightenment was dependent on systematic doubt, and empirical and sensory verification of ideas.
• Ideas shifted to naturalistic explanation based on reason and the scientific method (observation)
34
The scientific revolution brought during the Enlightenment caused a change in thinking
• The focus pre-enlightenment was dependent on systematic doubt, and empirical and sensory verification of ideas. so those in power could stay in power with the divine right of rule
• Ideas shifted to naturalistic explanation based on reason and the scientific method (observation), understanding that an apple falls bc of gravity (physics) rather than bc god said so
35
departure from demonic theory- crime was the result of _______ and not possession
free will
36
Beccaria’s proposals
-the legislators made the law, not judges
-no right to torture
-all people held accountable
-public trials
-the goal of punishment is prevention
-no death penalty
-education prevents crime
37
beccaria and the social contract
-social contract with the state: give up freedom for safety,
-state upholds security and cannot violate the rights of citizens,
-obey the rules or face punishment
38
arguments of the social contract, 4 steps
1. people are hedonistic and rational
2. war of all or against all
3. entering into the social contact
4. giving consent to be governed as such
39
classical theory- crimes could be prevented if…
punishments were:
swift-happens close enough to the crime to deter
certain-sense that one would be caught
greater than the pleasure of the action
40
the exemplary
punishing someone harshly to make an example out of them so others don’t commit the same crime, function of deterrence
41
3 types of deterrence
general-deters everyone
specific-deters a specific person
restrictive-assuming a crime will occur and attempting to prevent it
42
general deterrence
general- goal is to deter many by making punishments known publicly
43
specific deterrence
specific-if someone was let off the hook the first time and end up back in court, they themselves will specifically get a harsher punishment to deter THEM
44
restrictive deterrence
restrictive-attempts to stop crime before thy can occur with things like cameras, police presence, drive safe trucks, etc
45
lombroso and the positive school
using biology to explain criminality, including:
• physique and crime ~ body type theories
• mental deficiency and feeblemindedness
• XYY Chromosomes and Criminal Behaviour
• Psychological Models of Deviance
46
beliefs of the positive school
-believe in progress, society can be perfected, individuals are not the issue, the system is
-assume body and mind differences between people
-punishment should fit the individual, not the crime, no set punishments
-the CJS should be guided by scientific experts who are trained and have merit
-assume criminals can be treated, rehabilitated, corrected, reintegrated, with the intent to perfect society
47
assumptions of classical theory
-no mind body differences between offenders
-rational calculating offenders
-people are hedonistic
-deterrence is the dominant mode of punishment
48
lombroso
-often discredited, seen as the father of modern criminology
-“people became criminals because they were born out of sync with social evolution.”
the idea that criminals were “throwbacks” and “less evolved”, big old yikes take-atavism
49
different types of offenders had different stigmata
ex, robbers had smaller shift eyes
women had more stigmata and were more primitive but less criminal bc of their “womanly instincts” and lack of passion
50
Physiognomy
making judgments about people’s character based off their appearance
criminal traits-small ears, bushy eyebrows, small noses, large lips
51
Lavater
believed character was revealed in facial features
criminal traits-shifty eyes, weak chins, upturned noses
52
phrenology
study of the external characteristics of a person's skull, and using them as an indicator of one’s abilities, different skull bumps mean different things
53
lombroso’s theory on criminals
1. some humans were “less evolved” than others, subnormal or throwbacks to earlier humans
2. individuals who committed criminal acts just couldn’t help it
3. bc criminality was biological, ppl just born like that ig
54
lombroso’s 5 atavistic stigmata
-bumps on the head
-big jaws
-strong canine teeth
-protruding brow
-arm span greater than height
also tattoos hbjhbjhrbc
55
lombroso’s flaws
all of his studies were only done on criminals with no control group so he couldn’t compare results, conclusions lacked generalizability
this basic flaw is seen as “the Lombrosian fallacy.”
56
somatotyping
william sheldon-developed a theory that one’s build was reflective of their personality
endomorph, mesomorph, ectomorph, balanced
57
endomorph
rounder-relaxed, a comfortable person, affable
58
mesomorph
relative predominance of muscle-
somotonic- active and dynamic, walks/talks/gestures assertively
seen as the most “criminally active”
59
ectomorphs
lean fragile, delicate bodies- cerebrotonic- introverted nerds
60
assumption of offender
deficit
The view that offenders who break
the law have some psychological
deficit that distinguishes them
from normal, law-abiding citizens.
61
assumption of discriminating
traits
The view that offenders are
distinguished from non-offenders
by, for example, their high levels of
impulsiveness and aggression.
62
community psychology
A perspective that analyzes social
problems, including crime, as
largely a product of organizational
and institutional characteristics
of society. It is closely related to
sociology.
63
“levels of analysis” perspective
1. individual level
2.small group level
3. organizational level
4.the institutional or community level
64
individual level
social problems defines by individual deficit
"victimless crimes" like drug abuse, people will be determined to have psychological issues that have driven them to that
65
small group level
that social problems are created by problems in group functioning, problems in interpersonal communication and understanding
as drug-abusing friends, can be viewed as
influencing the individual’s behaviour.
66
organizational level
organizations have not accomplished what they have been designed for
law enforcement agencies are seen as having insufficient resources to prevent or
deter individuals from engaging in criminal behaviour
67
institutional level
social problems are created by institutions. emphasis is on the values and policies underlying institutional functioning.
that the problems individuals
face are caused by the laws their society has created like systemic racism
68
basic premise of psychoanalytic theory
people progress through five
overlapping stages of development. These are the oral, anal, phallic, latency, and
genital stages. personality is composed of three forces: the id, the ego, id, and the superego. The theory holds that the ego and superego are developed through the successful resolution of conflicts presented at each stage of development.
69
id
the most inaccessible and
primitive part of the mind. It is a
reservoir of biological urges that
strive continually for gratification.
70
ego
the rational part of the personality.
It mediates between the id and
the superego and is responsible
for dealing with reality and making
decisions.
71
superego
the ethical and moral dimensions
of personality; an individual’s
conscience.
72
psychoanalytic theories on criminal behavior
-the ego and superego fail to restrain the id, as a result of a weak deviant, or harsh superego
73
weak superego
results in few inhibitions and antisocial behaviour to satisfy the id, associated with parental neglect
74
deviant superego
result of identification with a deviant role model, results in a person with
deviant values. This individual will perform criminal acts that mirror their parents’ criminality.
75
harsh superego
experiences pathological levels of unconscious guilt, and performs
criminal acts to subconsciously invite punishment in an attempt to assuage
this guilt.
76
Warren and Hindelang (1979) have summarized five other interpretations of
criminal behaviour that can be derived from psychoanalytic theory:
1. Criminal behaviour is a form of neurosis that does not differ in any funda-
mental way from other forms of neurosis (e.g., while some neurotics work
too hard, others set fires).
2. The criminal often suffers from a compulsive need for punishment in order
to alleviate guilt feelings and anxiety stemming from unconscious strivings.
3. Criminal activity may be a means of obtaining substitute gratification of
needs and desires not met inside the family.
4. Delinquent behaviour is often due to traumatic events whose memory has
been repressed.
5. Delinquent behaviour may be an expression of displaced hostility.*
77
socialization
The interactive process whereby
individuals come to learn and
internalize the culture of their
society or group.
78
Evolutionary Theory
Through natural selection, traits that have helped humans to survive and reproduce are genetically passed on to the next
generation. Criminal behaviour may have served an adaptive function for prehistoric humans.
79
reproductive fitness variance
The range of possible offspring an
organism can produce. used to account for the sex disparities in relation to crime. afabs are more limited with they number of offspring they can have compared to amabs. afabs are more invested parentally and act in ways that are less risky and deviant
flawed as it excuses amab crimes and acts as it if it were predetermined
80
moral development theory
Each individual must go through a sequence of moral development. Those with a high level of moral development will be more likely to make responsible choices when faced with the opportunity to get involved in criminal behaviour.
81
Kohlberg's 3 levels of moral judgement development
1. preconventional level
2. conventional level
3. postconventional level
82
preconventional level
punishment and instrumental hedonism, egocentric and all the matters is what would happen to the individual of they got caught
83
conventional level
the average adolescent and adult in our society, approval of others and having an authority maintain one's morality. based on social expectations and what others would expect of them
84
postconventional levels
customs are critically examined
with regard to universal rights, duties, and moral principles. It is characteristic
of a minority of adults after the age of 20. democratically accepted law and forms their own principles of conscience, what would be best for all even when no one is watching?
85
Eysenck’s Theory of Crime and Personality
Law-abiding people must develop a conditioned fear of deviance. Those who become delinquents and criminals do not
develop this fear because of poor conditioning by parents or because they are less susceptible to conditioning
believed the 3 dimensions of extroversion, neuroticism, and psychoticism were mainly determined by genetics
86
classical conditioning
A basic form of learning whereby
a neutral stimulus is paired with
another stimulus that naturally
elicits a certain response; the
neutral stimulus comes to elicit
the same response as the stimulus
that automatically elicits the
response.
87
extroversion
A personality characteristic
associated with sociability,
impulsiveness, and aggression.
88
Neuroticism
People who are high on this dimension are
characterized by such symptoms as anxiety, restlessness, and other emotional
responses. The opposite extreme of neuroticism is referred to as stability
89
psychoticism
a person who is high on this dimension is “cold, impersonal, hostile, lacking in sympathy, unfriendly,
untrustful, odd, unemotional, unhelpful, antisocial, lacking in human feelings,
inhumane, generally bloodyminded, lacking in insight, strange, with paranoid
ideas that people are against him.”
90
Social Learning Theory
Deviant behaviour such as aggression can be learned through direct experience or through modelling the behaviour of others.
91
modelling
A form of learning that occurs as
a result of watching and imitating
others.
92
Bandura (1986) suggests that aggressive behaviour can be learned from three sources.
the family, subcultural influences (like valuing someone who is good at fighting_, and symbolic modelling (those damned violent video games
93
autonomic reactivity
A measurement of the extent to
which an individual’s physical
organism reacts to external
stimuli.
94
operant conditioning
The basic process by which an
individual’s behaviour is shaped by
reinforcement or by punishment.
95
token economy
A behaviour therapy procedure
based on operant learning
principles. Individuals are
rewarded (reinforced) for positive
or appropriate behaviour and are
disciplined (punished) for negative
or inappropriate behaviour.
genshin impact
96
antisocial personality
disorder
A personality disorder that
involves disregard for the rights
of others as well as impulsive,
irresponsible, and aggressive
behaviour.
97
Psychopathy
Psychopaths seem to lack empathy for their victims and do not feel guilty about their crimes. They neither learn from their
experience nor fear the consequences of their behaviour.
98
what is the difference between ASPD and psychopathy
Psychopaths are considered to have a severe form of antisocial personality disorder. psychopathic individuals display certain attitudinal features such as grandiosity, glib and superficial charm, lack of empathy, and a lack of remorse, guilt, or shame.
99
Most criminals _____ display any symptoms of mental illness.
do not
The prevalence of mental illness in jails and prisons is difficult to assess. However, some studies have estimated it to be between 5 and 12 percent for severe disorders and between 16 and 67 percent for any mental disorder.
100
Deterrence Theory
implies that the best way to control crime is to set up a system of punishment that
will ensure people do not find lawbreaking to be in their best interests.
101
Does Imprisonment Deter Crime?
no, that long prison sentences “are difficult
to justify on a deterrence-based, crime prevention basis”
offenders may adjust to prison life so that the threat of prison does not deter them;
they may learn criminal values and skills in prison; or imprisonment may create feelings of resentment against society, increasing reoffending rates
102
Do Mandatory Minimum Sentences
Deter Crime?
The high social and financial costs of mandatory minimum sentences
might be worthwhile if they reduced crime rates. However, they do not.
Why don’t these severe penalties deter crime? One reason is that offenders
may not feel they are at risk of getting caught. Potential offenders are actually
correct in believing that their next crime is unlikely to lead to punishment.
Deterrence is also affected by the fact that many offenders have alcohol, drug,
or mental health issues that may lead them to make bad decisions
103
The Impact of Increasing the Certainty
of Punishment
Increasing the severity of punishment beyond current levels does not seem to
have a deterrent effect.
104
hot spots policing
Most crimes occur at a small number of addresses in any community. Hot spots policing concentrates police resources on these high-crime locations.
105
individualized deterrence
Offenders who are heavily
involved in criminal activity are
individually warned that their
actions are being monitored and
that future violations of the law
will be dealt with immediately.
Extra police and/or probation
resources are added to ensure that
the legal system does keep its
promises.
106
rational choice theory
assume free will and hedonistic offenders
crime is the result of deliberate
choices made by offenders based
on their calculation of the risks
and rewards of these choices.
based more on simulational dynamics rather than one's history
107
steps involved to commit a crime
-background and situational factors (social+demographic)
-suitable target
-motivated offender
-previous learning/experience
-perceived effort
-readiness to commit a crime
108
lifestyle/exposure theory
A theory of crime victimization that
acknowledges that not everyone
has the same lifestyle and that
some lifestyles expose people to
more risks than others do. people who spend a lot of time in public spaces are more likely to expose themselves to crime
109
routine activities approach
An extension of the lifestyle/
exposure theory, this approach
assumes that crimes are the
expected outcomes of routine
activities and changing social
patterns.
3 factors: motivated offender, suitable target, and a lack of guardianship of that target
110
effective guardianship
means of protecting potential targets (be them houses or phones) by looking out for others, keeping valuables on your person, or locking things up)
111
target suitability
Because of their vulnerability,
some potential crime targets are
more attractive than others. A
home that is unlit, has shrubs
blocking a view of the front door,
and has no alarm system
112
intimate handlers
people with sufficient knowledge of the potential offender, somehow socially influential about them
113
crime facilitators
anything that aids a person in committing a crime or drives them to be more potential to commit it.
can be physical, social, or chemical
114
The Diverse Attractions of Crime
the motives or reasons for someone to commit a crime
necessity,
passion/state of mind,
situational,
entertainment/social validation/thrill
115
Situational Crime Prevention
Premised on the belief that most
crime is opportunistic rather than
the outcome of those driven to
commit a crime no matter what
the circumstances. highly focuses on prevention compared to dealing with matters after the fact
making a crime less desirable as an option
116
Crime Prevention through Social Development
focuses on reducing the number of motivated offenders by changing the social environment.
117
Rational choice theory assumes
that people commit crimes because they believe this will provide them with some reward. A person’s decision to commit a crime may or may not appear rational to the rest of us, but it does meet a goal for the offender.
118
eugenics
means "well born", francis galton wanted to create a superior race, to pick out those who were inferior and set them aside
plays in with positivism
also supported by goddard
119
how did goddard "support" the link between heredity and intelligence
translated IQ tests and made non fluent immigrants take it in english, doctored photos to suggest low iq was visible
120
what groups were defined as mentally defective?
those with behavior disorders, immigrants, those wit low IQ, the most marginalized in society
121
what solutions were there for the "mentally defective?"
sterilization, incarceration, deportation
all permanent solutions
122
how were the law and eugenics intertwined
legislation was used to redress the harm that occured, the law was used to define people as defective, in alberta-a board approved each sterilization, there were "training schools", the sexual sterilization act became law
123
eugenics ________ the philosophy of the court, that people could be ______
contradicted
reformed
124
defensive design
shaping the environment to make it less appealing to certain demographics such as the homeless
125
target hardening
environment manipulation to prevent crime, increasing the risk and effort needed by criminals and reduce rewards
126
limitations of target hardening
displacement-only removes the target/targeted, rather than solving the problem
aims to prevent crime but makes no attempts to solve the causes
blaming the victim, why was ur stuff alone? why were you out that late?
