Midterm Review Flashcards

(65 cards)

1
Q

Define crime. Define delinquency. Define criminalization. Define deviance.

A

Crime: behavior that violate the law
Delinquency: crime committed by young people
Criminalization: non-criminal behavior that is treated like a crime or that becomes illegal
Deviance: behavior that violates social norm

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2
Q

What are the three perspectives of criminal law?

A

Consensus perspective
Conflict perspective
Pluralism perspective

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3
Q

Describe consensus perspective

A

Laws are created because there is a consensus between individuals in society that an act is criminal

In this case, there is a great overlap between deviance and crime

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4
Q

Describe conflict perspective

A

Laws are created to impose the will of some onto others, to control groups of society that are considered threats

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5
Q

Describe pluralism perspective

A

Modification of the consensus perspective
Laws which are made from tension to consensus between two groups, relevant for multicultural societies

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6
Q

What is an example of consensus? What is an example of conflict?

A

Consensus: homosexuality, legalization of drugs

Conflict: multiracial relationships, war on drugs, criminalization of abortion, secularist laws

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7
Q

What are examples where neither conflict or consensus is useful?

A

Decriminalization of sex work (no consensus of what we believe is non deviant, but also not done to control groups of people, done to reduce harm)

Mask laws

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8
Q

What is Erikson’s (Wayward Puritans) theory on crime?

A

Erikson was concerned with witchcraft.
Crime can be functional, reaffirms right and wrong.
Crime reflects concerns of the society in which it occurs, fears are not random. (ex. puritans feared witches due to concerns with religious purity).

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9
Q

Before the enlightenment era, how did policing and punishment operate?

A

No systematic, professional policing (i.e., headhunters)
No cohesive body of criminal law
Punishment focused on physical pain or public humiliations (i.e., prisons are expensive)

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10
Q

After the enlightenment era, how did the criminal code develop?

A

Contract theory (individuals give up rights of violence to the government, so that they can keep them safe; crimes violate this social contract)

Systemic criminal code emerges. The state begins to persecute crime as a violation of the “contract” made.

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11
Q

After the enlightenment era, how did policing develop? Punishment?

A

Professional police forces are created in London and Paris 1829

Policing quickly became very popular even in small places. Allowed for the protection of the division of class, as wealth is now amassed outside of royalty)

Birth of prisons

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12
Q

What concepts did Cesare Beccaria from the Classical School suggest?

A

1764: “On Crimes and Punishments”

  • Courts must adjudicate guilt based on objective evidence
  • The only justification of punishment is social utility (deterrence, rehabilitation)
  • Punishment must be proportionate to the offence (i.e., death penalty is always excessive)
  • Principles of punishment: severity, certainty and swiftness; can help with deterrence, reduction, and rehabilitation of crime
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13
Q

What concepts did Jeremy Bentham of the Classical School suggest?

A

Classical Theory: 1789 “Introduction to Principles and Morales and Legislation”

  • Must increase overall happiness and social use
  • Punishment price must be greater than utility of the crime (i.e., crime occurs when utility > cost)
  • Similar to Beccaria, but more prolific (founder of utilitarian philosophy, developed Scotland Yard, invented panopticon)
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14
Q

How is crime modelled in the Classical School?

A

EU: expected utility; is a function of p: punishment and c: crime.

EU(p) = x*y
x: severity, y: certainty

Crime occurs when EU(c) > EU(p)

*swiftness has not been shown to work as a deterrent

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15
Q

What are the assumptions/issues behind the Classical School model of crime?

A

Assumptions:
- Criminal justice code is accessible
- Sentence does not depend on judge/lawyer
- Need for committing crime is equal for all
- No corruption
- We are aware of all crime (challenging to quantify effectiveness of deterrence)

These assumptions are the core of the disadvantages.

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16
Q

How is crime thought to be reduced in the Classical School? (policy options)

A
  • Adjusting severity, certainty (and sometimes swiftness)
  • Help people make informed decision about committing crime (sentences are certain and known, mandatory minimum sentencing)
  • Increase certainty of punishment (surveillance, police)
  • Reduce opportunity for crime, making it more difficult to achieve (target hardening: locks, security)
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17
Q

What is bounded rationality?

A

It suggests that rationality is bounded by:
- cognitive limitations
- emotions
- time pressure
- lack of information

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18
Q

How is crime thought to be reduced with rational choice theory?

A

Increasing rationality will reduce crime

  • Increasing certainty of getting caught
  • Increasing severity (mandatory minimum sentencing)
  • Reducing emotion (wait times for guns)
  • Providing more information
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19
Q

Describe the principles behind Rational Choice Theory:

A
  • Classical School: anyone is capable of crime, the conditions just need to be satisfied
  • Becker (Economist), Cornish & Clarke (Applied RCT to various crimes), Simon (bounded rationality)
  • Crime occurs due to rational choices, increasing rationality (by increasing certainty, severity, reducing emotion, and increasing wait times) will lower crime
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20
Q

What is positivism?

A

Belief that we can find features which can predict crime

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21
Q

What is atavism?

A

Physiological features of “under evolved” humans leads to criminal behavior.

Atavistic criminals cannot be reformed. Scientific racism. Fell out of style after WWII.

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22
Q

What are the types of sociological theories of crime?

A
  • Social Process Theories (Learning & Social Bonding): individual action and social interaction lead to crime
  • Social Structure Perspectives (Strain, Culture Conflict theory, Social Disorganization Theory): larger scale social problems lead to crime
  • Social Conflict Theories: see the root of crime in the fundamental social justice
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23
Q

What is the difference between macro and micro theory?

A

Macro: explains large patterns (spatial, historical..) in crime through social conditions (unemployment, poverty..)

Micro: explains single incidents of crime by invoking the individual and its context (learning, decision-making, friendship networks..)

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24
Q

Describe the nine principles of differential association

A
  1. Crime is learned (not inherent trait)
  2. Communication
  3. Intimate social groups
  4. Techniques & Definitions are learned
  5. Definitions of legal code guide motives/drives
  6. Excess law breaking definitions
  7. Vary in frequency, duration, priority, and intensity
  8. Same learning patterns
  9. Needs are not enough
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25
Describe social learning theory?
Akers & Sellers Crime is a learned behavior Central concepts: - Differential association (contact with delinquent peers) - Definitions (views and knowledge about crime and conventional behavior) - Imitation - Differential reinforcement (repeat actions for positive effect, avoid actions for negative effect)
26
Describe the difference between external and internal reinforcement?
Internal: your body and its experience External: response from the environment
27
What does social learning say about human nature, society, and which political ideology does it fall under?
Human nature: neutral, social interactions lead us to crime. Society: Bad society leads to more crime. Political ideology: Centrist/left leaning
28
Describe social bond/control theory?
Hirschi Crime is in human nature. Social bonds hold us back from committing crime. Crime requires no special motivation, no/little learning, and delinquent peers are the result of crime. Central concepts: - Attachment (love & affection) - Belief (agreement on common values in society) - Commitment (investment of energy & effort in society) - Involvement (participation in socially legit activities)
29
What does social bond/control theory say about human nature, society, and which political ideology does it fall under?
Human nature: Bad, crime happens when bonds are broken. Society: High organization = low crime. Crime happens in societies where organization falls apart. Political Ideology: Conservativism
30
Describe Merton's macro strain theory?
Merton Society prescribes aspirations and means. A segment of the population experience strain because of this gap between aspirations and means. This strain will lead to crime. The theory does not predict which response an individual will have to strain, simply states that there are possible options for strain response. Failure to achieve positively valued goals
31
Describe the decision matrix for strain theory
A Goals/A Means: Conformity A Goals/R Means: Innovation R Goals/A Means: Ritualism R Goals/ A Means: Retreatism or Rebellion The theory does not predict which response an individual will have to strain, simply states that there are possible options for strain response.
32
Describe Agnew's micro reformed strain theory?
Strain results from 3 types of negative social relationships: - failure to achieve positively valued goals - removal of positivity valued stimuli - presentation of negative stimuli Strain leads to negative emotions which produce crime. Strain leads to delinquency depending on available coping techniques.
33
What are the advantages/disadvantages of strain theory?
Advantages: - Specific, testable questions Disadvantages: - lots of assumptions, lots of variables This in total leads to a not parsimonious theory
34
What does strain theory say about human nature, society, and which political ideology does it fall under?
Human nature: Good, humans engage in crime when society pushes them Society: negative organization leads to crime, class separation Political ideology: Socialist
35
Describe Self Control Theory
Gottfredson & Hirschi Crime results from low self control. Low self control/impulsivity is greater in some individuals due to poor socialization during childhood.
36
How would you teach a child self control?
1. Monitor the child's behavior 2. Recognize deviant behavior when it occurs 3. Punish such behavior
37
What does self control theory say about human nature, society, and which political ideology does it fall under?
Human Nature: Bad Society: Crime happens when low monitoring and low punishment Politics: Authoritarian Conservativism
38
What is parsimony?
High parsimony: - Few assumptions/variables - Ease to measure and predict data - Few prevention mechanisms needed Pick the simpler theory
39
What are the neutralization techniques?
1. Deny responsibility 2. Deny injury 3. Deny victim 4. Condemn the condemned 5. Appeal to higher loyalties
40
What is neutralization? How does it present in various theories?
Neutralization: excuses or justifications that allow the offender to commit crime or live with this fact Coping strategies (strain theory) Definitions (learning theory) Beliefs (control theory)
41
What are the stages of the life course?
Childhood, adolescence, young adulthood, adulthood, and seniority
42
What is the main question examined in adult crime?
What causes criminals to change paths? Rather than: what motivates them to commit crime? Since at this point it is predominantly repetition from adolescence
43
What is the implication of learning theory on the life course?
- Crime is learned, so it stays learned throughout adulthood - An individual may continue to associate with the same people
44
What is the implication of strain theory on the life course?
Punishment (i.e., negative stimuli) from delinquency can be a cause of strain, which leads to more crime Strain from failing to achieve goals compounds over time
45
What is the implication of social bonding/control theory on the life course?
- Weak social bond cannot be repaired in adulthood, leading to more crime - People commit crime because they want to, no social bonds holding them back
46
What is the implication of self-control theory on the life course?
Impulsivity/low self control is inherent to the individual, this aspect of their character does not change, leading to more crime
47
What are common trends in offenses?
Theories suggest that crimes should carry into adulthood, but this is not the case. - Total crimes peak in adolescence - Theft significantly peaks in adolescence - Assault, fraud peak in adolescence and plateau into 30s, and then reduce, indicating that it is a crime which follows into adulthood
48
Describe labelling theory?
Deviance focuses on the tendency of majorities to negatively label minorities or those seen as deviant from standard cultural norms. Continuous labelling leads to further crime. (Related to self fulfilling prophecy)
49
What were the main reasons behind the different treatments of the Saints and Roughnecks?
- Parental influence - Visibility - Inequality - Labelling
50
Is juvenile delinquency normal or not?
- Depends on the offense - Boundary testing in normal in human nature - Moral systems in society change, what is normal changes
51
Can delinquency have any positive functions?
Individual testing boundaries Changes of moral systems in society
52
How can we as a society deal with juvenile delinquency?
- Reform centers, rehabilitation - Punishment may lead to worse circumstances
53
What are factors which enabled desistance for the individuals in the Laud and Sampson paper?
- Lyman school (ex. control theory: new beliefs and involvements set up, learning theory: new associations and definitions; self-control theory: treated like children with punishment and monitoring) - Wives (ex. learning: new associations, new definitions. social bond: new attachment) - Military (same as Lyman school) - Authoritarian perspective seemed to work for men of this generation
54
How is labelling related to life course transitions?
Tagged individuals continue to commit crime into adulthood as a form of a self fulfilling prophecy
55
What is social disorganization theory?
Crime is linked to neighborhood ecological characteristics; location shapes the likelihood that a person will commit criminal activities. Chicago School
56
What is culture conflict theory?
Conflict which occurs when cultural values clash; this creates opportunities for deviance in subcultures. Conduct norms provide the basis for human behavior. When conduct norms clash crime occurs. There can also be a violent subculture in society (subculture theory)
57
What is subculture theory?
Branch of culture conflict theory The focal concerns of criminal subcultures are trouble, toughness, smartness, excitement, fate, and autonomy. Crime occurs due to the nature of the subculture values.
58
What are constitutional theories?
Theories that explain criminality by reference to offender's body types, inheritance, genetics, or external observable characteristics.
59
What is somatotyping?
The classification of human beings into types according to body build and other typical characteristics. Endomorph: overweight Mesomorph: athletic and muscular Ectomorph: thin and fragile
60
Explain the concept of criminal families?
Crime is genetic, can be traced back through families. Now it is discredited (eugenics), and that crime occurs in families due to environmental factors.
61
What did the twin studies reveal?
52% of identical and 22% of fraternal twins displayed the same degree of criminality in the twin pair (regardless of environment). Further studies have shown that twins present similar levels of crime, important for nature/nurture discussions.
62
What have genetic studies revealed about crime?
There are some genes which show a predisposition to criminal behavior (i.e., gene which inhibits an enzyme needed for serotonin management). However, criminal genes are only genetic dispositions to respond in certain ways to criminogenic environment (i.e., genes and environment go hand in hand).
63
What has been examined in regards to ingested substances and nutrition?
- Sugar/processed foods (undetermined) - Vitamins (B3 B6 impact on children anti social behavior, omega 3 for high IQ, low hositility, and low antisocial behavior)
64
What aspects of environmental pollution have been investigated?
- Lead (neurotoxicity which leads to crime) - Prenatal marijuana, tobacco, and alcohol use
65
Define genetics theory, body chemistry theory, sociobiology, and biosocial criminology
Genetics: criminality can be explained by physical features Body chemistry theory: criminal behavior is a result of chemical influences (hormones, food, vitamins, etc.) Sociobiology: there is a biological basis to all social behavior Biosocial criminology: Crime is explained by biocultural factors (biology and environment are to explain crime)