Midterm Review Flashcards
(65 cards)
Define crime. Define delinquency. Define criminalization. Define deviance.
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
What are the three perspectives of criminal law?
Consensus perspective
Conflict perspective
Pluralism perspective
Describe consensus perspective
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
Describe conflict perspective
Laws are created to impose the will of some onto others, to control groups of society that are considered threats
Describe pluralism perspective
Modification of the consensus perspective
Laws which are made from tension to consensus between two groups, relevant for multicultural societies
What is an example of consensus? What is an example of conflict?
Consensus: homosexuality, legalization of drugs
Conflict: multiracial relationships, war on drugs, criminalization of abortion, secularist laws
What are examples where neither conflict or consensus is useful?
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
What is Erikson’s (Wayward Puritans) theory on crime?
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).
Before the enlightenment era, how did policing and punishment operate?
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)
After the enlightenment era, how did the criminal code develop?
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.
After the enlightenment era, how did policing develop? Punishment?
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
What concepts did Cesare Beccaria from the Classical School suggest?
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
What concepts did Jeremy Bentham of the Classical School suggest?
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)
How is crime modelled in the Classical School?
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
What are the assumptions/issues behind the Classical School model of crime?
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.
How is crime thought to be reduced in the Classical School? (policy options)
- 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)
What is bounded rationality?
It suggests that rationality is bounded by:
- cognitive limitations
- emotions
- time pressure
- lack of information
How is crime thought to be reduced with rational choice theory?
Increasing rationality will reduce crime
- Increasing certainty of getting caught
- Increasing severity (mandatory minimum sentencing)
- Reducing emotion (wait times for guns)
- Providing more information
Describe the principles behind Rational Choice Theory:
- 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
What is positivism?
Belief that we can find features which can predict crime
What is atavism?
Physiological features of “under evolved” humans leads to criminal behavior.
Atavistic criminals cannot be reformed. Scientific racism. Fell out of style after WWII.
What are the types of sociological theories of crime?
- 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
What is the difference between macro and micro theory?
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..)
Describe the nine principles of differential association
- Crime is learned (not inherent trait)
- Communication
- Intimate social groups
- Techniques & Definitions are learned
- Definitions of legal code guide motives/drives
- Excess law breaking definitions
- Vary in frequency, duration, priority, and intensity
- Same learning patterns
- Needs are not enough