Test #1 Flashcards
(117 cards)
1
Q
Disparity
A
Sentencing laws may disproporionately impact minoriteis. Example: 100:1 disparity in sentencing for crack cocaine vs p owder cocaine
2
Q
Spiritual Explanations of Crime
A
earliest theories of crime/devience tended to focus on supernatural causes or religous factors. Most focused on assumption that criminals/deviants were possessed ****
3
Q
Spiritual Ways of Dealing with Crimes
A
Exorcism Primitive Surge ry (open skull so evil spirits can leave), burning at the stake, torture
4
Q
Enlightenment
A
was an 18th century philosophical movement in Europe that stressed the importance of reason and the critical reappraisal of existing ideas and social institutions (LATE 17th CENTURY-MID 18th CENTURY) Key Contribution: humans are rationals-they make decisions based on what is best for them.
5
Q
Social Contract
A
• Thomas Hobbes 1651 and was elaborated upon by other philosophers (Locke and Rousseau)
• An Agreement b/t the gov’t and the people, defining and limiting the right and duties of each
o That gives the gov’t power
• Thomas Hobbes 1651 and was elaborated upon by other philosophers (Locke and Rousseau)
• An Agreement b/t the gov’t and the people, defining and limiting the right and duties of each
o That gives the gov’t power
6
Q
Thomas Hobbes
A
Social Contract
7
Q
How did the social contract come to be?
A
- Humans are selfish and greedy, thus people live in a constant fear of everyone else
- Humans are rational and thus realized that it was better to give up some freedoms to form states and governments to avoid this constant state of fear
8
Q
How does the Social Contract work?
A
• Everyone sacrifices the least possible portion of their freedom in exchange for safety and being able to live in peace and the sum of all these portions of freedoms given up by the citizenry is the right of the government to have laws and punish law breakers
9
Q
When did the Positive School of Criminology take off?
A
Took off in the mid-1800s with the rise of science and the scientific method. Systematic Observations
10
Q
Positive School of Criminology theories:
A
- Human Nature is Naturally good or a “blank slate”
- Human Behavior is “deterministic”
11
Q
What is Determinism?
A
Determinism is the assumption that most human behavior is determined beyond free will and free choice. Attributed to biological, psychological, and sociological factors which cause people to act in a certain way.
12
Q
What did early Determinism theories focus on?
A
Early theories of determinism focused on biological and psychological theories of crime:
• Based on the notion that certain individuals offend more than others
• And that these “inferior” individuals should be controlled or even eliminated
• Theories fit Eugenics movement that began around this period and lasted well into the 20th century
13
Q
What is Eugenics?
A
Eugenics is the study of policies related to the improvement of the human race via control over reproduction
• I.e. sterilization of defective individuals
o Nazis- of homosexuals
o US- of mentally handicap
14
Q
What is Craniometry?
A
Craniometry is the field of study that believed the size of the brain or skull represented the superiority or inferiority of certain individuals or racial/ethnic groups
15
Q
How were the early studies of Craniometry?
A
Early studies of Craniometry were poorly designed and biased and tended to support views that white/western people were superior, but as research improved early findings were debunked showing there is no correlation b/t brain/skull size and criminality.
16
Q
What is Phrenology?
A
Phrenology is the science of determining human dispositions based on distinctions (like bumps) on the skull. Some thought the shape of the skull conformed to the shape of the brain; bumps were indicators of brain deformities. Didn’t get much research supports because bumps, etc. have little to nothing to do with the shape of the brain.
17
Q
What is Physiogromy?
A
Physiogromy is the study of facial structure and other body characteristics to indicate developmental problems such as criminality.
18
Q
What were the problems with the early theories of Physiogromy?
A
The early theories of physiogromy were mostly biased
• Designed to portray certain racial/ethnic groups inferior
• Research didn’t support the early theories
19
Q
Why did the field continue to be dominated by biological explanations of crime into the early 20th century?
A
• 1859 Charles Darwin- Origins of Species
o Survival of the fittest
o Theory of evolution continue to justify exploring hereditary biological and psychological/determinants of human behavior- including criminality
20
Q
What happened in 1859 that affected the field of criminology?
A
In 1859 Charles Darwin’s Origins of Species came out. This helped maintain focus of biological explanations of crime until the early 20th century.
21
Q
What do free societies depend on?
A
Free socities depend on faith that the other person will behave decently.
22
Q
What are some possible explanations for the link b/t low IQ and crime?
A
- Low IQ often le ads to failure and frustration
- Lack of foresight associated w/ low IQ
- They don’t understand why something is wrong
23
Q
The Size of the IQ Gap:
A
- Incarcerated offenders average an IQ=92, 8 points below the general population
- Chronic offenders have an even lower IQ average
24
Q
What was the 1876 theory of the Born Criminal?
A
In 1876 Cesare Lombroso published his theory of the “born criminal”. Certain people are “born criminal” and it is possible to identify them through a variety of physical characteristics
• Crime is committed by those who failed to evolve like the rest of us (Atavistic)
• To test his theory Lombroso studied many more people (dead and alive)
• He concluded criminals could be identified by specific physical traits
25
What are **_Stigmata_**?
**_Stigmata_** are physical manifestations of the atavism of an individual which indicate a prior evolutionary stage of development. Having more than 5 stigmata indicated an individual is atavistic and will inevitably be a born criminal. I.e. Fleshy lips, large jaws etc. etc.
26
What are the theories of IQ and Crime?
* The early spiritual explanation: the dull-witted are possessed by the devil and forced into exile
* Early naturalistic explanation: its hereditary (Darwin)
27
Who is Alfred Benet and what is his significance?
Alfred Benet invented the IQ TEST in the early 1900s, with it some simple theories emerged that attempted to explain crime through low intelligence.
28
Who was HH Goddard and what were his contributions?
HH Goddard was an American psychologist and eugenicist in the early 20th century. He explained that societal problems were caused by **_feeblemindedness. _**
29
How did HH Goddard classify the feebleminded?
HH Goddard classified the feebleminded into three categories.
1. Moron- caused all the problems
2. Imbeciles
3. Idiots- the most feebleminded-you don’t have to worry about the they have trouble doing basic tasks
30
What are some policy implications caused by HH Goddard’s theory?
• Deportation of immigrants for “mental deficiency”
• Sterilization of people with low intelligence
o Buck v Bell (1927)- “3 generations of imbeciles is enough”
o The sterilization of the feebleminded wasn’t ruled unconstitutional until the 1970s
31
How is HH Goddard’s research viewed today?
HH Goddard’s research fell out of favor because of the controversial policies that emerged from it but research today still tends to find some correlation b/t IQ and criminality but it’s unclear if the relationship is a causal relation
32
What did Travis Hischi and Michael Hindelang find?
Hischi and Hindelang found that among youth of the same race and social class, intelligence was a significant predictor of delinquency and criminality.
33
What are some **_verbal IQ_** findings?
Recent studies found that having a **_low verbal IQ_** significantly impacted delinquent and criminal behavior.
34
What are **_Cytogenetic Studies_**?
**_Cytogenetic Studies_** focus on the genetic makeup of individuals with a specific focus on chromosomes. Like abnormalities.
35
What do **_Cytogenetic Studies_** focus on?
**_Cytogenetic Studies_** focus on largely on XYY males. XXY males are more likely to have behavioral disorders, recent studies focus on how the extra Y chromosome is tied to aggressive behavior and possibly criminality.
36
Why do we research hormones and neurotransmitters?
There is an idea that abnormal levels of hormones or neurotransmitters can influence behavior.
37
What does the **_Hormonal Research_** focus on?
• **_Hormonal research_** focuses on testosterone
o High level may “masculinize” the brain
o Push people towards aggressive behavior
38
What are **_Neurotransmitters_**?
**_Neurotransmitters_** are chemicals in the brain and body that help transmit electrical signals across neurons.
39
What is **_Dopamine_**?
**_Dopamine_** is responsible for the feeling of pleasure
• It is part of the body’s natural reward system
• It affects the ability to respond to “cues” in the environment
o I.e. drive fight or flight responses
• Over-production is related to psychotic, antisocial behavior and violence
40
What is **_Serotonin_**?
**_Serotonin_** regulates the ability to process emotions and control certain behaviors including aggression. Studies find low levels of serotonin are associated with:
• Depression
• Suicide
• Agression
• Violent & Criminal behavior
41
What does brain injury have to do with criminality?
If the brain areas responsible for higher-level functioning like problem solving, communication, impulse control, etc. are damaged one may be more likely to act on emotions and take risks especially temporal and frontal lobe.
42
What is the **_CNS_**?
CNS is the **_Central Nervous System_**- brain and spinal column- responsible for our voluntary motor activity.
43
What are some findings of the research on CNS?
Research on the **_Central Nervous System_** uses brain imaging and brain wave studies. We found that Psychopaths tend to have slower brain wave patterns.
44
What is the **_ANS_**?
ANS is the **_Autonomic Nervous System_** responsible for involuntary functions such as breathing and your heart beat.
45
What are some findings of the research on **_ANS_**?
People with low **_Autonomic Nervous System_** functioning are more likely to commit crime
• Perhaps because they are under stimulated but this has not been proven.
46
**_Nature vs. Nurture: Nature_**
People on the side of **_Nature_** argue that a person’s genetic makeup has the largest impact on behavior
47
**_Nature vs. Nurture: Nurture_**
People on the side of **_Nurture_** argue that how a person is socialized/nurtured has the largest impact on behavior
• Proper parenting- who they are around while growing up
• Neighborhood they are born into- social class
48
What are the earliest studies on **_Nature vs. Nurture_**?
The earliest studies (early 1900s simply looked at offending within families). There was a belief that serious offenders came from families with long history of crime. “Criminogenic gene”
49
What are the findings of the **_Family Studies_**?
1. Consistently, some families had much longer and more prevalent rates of criminality than others. This does not prove that crime is genetic because families share more than genes (like environment).
2. Criminality of the mother (or FHH) had much bigger impact on children that the criminality of the father. This is not proof though because:
a. The father may be absent
b. Female offending is less common, so those who offend may be highly anti-social
50
What are **_Monozygotic Twins_**?
**_Monozygotic Twins_** are identical twins, share a single eggs and 100% of their genotype
51
What are **_Dizygotic Twins_**?
**_Dizygotic Twins_** are fraternal twins, have two separate eggs and share 50% of their genotype
52
What are the finding of **_Twin Studies_** were twins were raised in the same hh?
• Concordance rates were highest among identical twins
a. Initially seen as evidence of impact of genes on criminality but there are environmental factors could still explain why concordance rate was higher for identical twins (they may be treated more similarly)
53
What did the **_Adoption Studies_** examine?
**_Adoption Studies_** examine the influence of biological parents vs. adoptive parents on a child’s criminality. What matters most?
• Having criminal biological parent they never knew (inheriting criminal gene) OR being raised by criminal adoptive parents (learning criminal behavior)
54
What are the findings of **_Adoption Studies_**?
1. Strongest effect was found in people with both
2. But the _criminality_ of the biological parent had a _greater_ impact
55
Why don’t the findings of Adoption Studies prove that it’s **_Nature_**?
There is **_selective placement_** were kids are placed in homes similar to theirs.
56
What do studies of **_Twins Separates at Birth_** examine?
Studies of **_twins separated at birth_** (1990s-present) examine identical twins separated at birth and raised in very different environments
57
What are the findings of studies of **_twins separated at birth_**?
Concordance rates for identical **_twins separated at birth_** even higher than in past studies of identical twins raised in the same household.
58
**_Nature vs. Nurture_** which wins?
Neither. Studies show **_both_** biological and environmental factors have an impact on criminality
59
What are **_Biosocial Explanations of Crime_**?
**_Biosocial Explanations of Crime_** try to explain how a person’s biological and psychological makeup interacts with their environment to affect behavior. Examples:
• Older studies suggest link b/t low birth weight and criminality. But recent studies find this is only true if they are raised in a low income family
60
How are Perinatal Problems and Societal Class linked?
* Perinatal problems can lead to a child having problems (colicky baby, hyperactive as a toddler and child, learning disabilities, etc.).
* In low income problems are more likely to be exacerbated and less likely to be treated.
* Thus, biological makeup interacts with environment
61
What is the Hysteria over Drugs and its importance?
• 1938 Refer Madness
• 1988 “Crack Baby Epidemic”
o Increased cocaine use in 1980 (& crack) raised concerns over fetuses
o Early, bad research suggests prenatal cocaine use leads to developmental problems
Premature birth-low birth weight-shorter limbs- rare bone and other birth defects
o No causal link
o MAIN POINT: public hysteria over drug related crime prevents sensible discussion of policy
62
What are the 4 surveys used to calculate the extent of illegal drug use?
* National Survey on Drug Use and Health (NSDUH)
* Monitoring the Future (MTF)
* Drug Abuse Warning Network (DAWN)
* Arrestee Drug Abuse Monitoring (ADAM)
63
What is the **_National Survey on Drug Use and Health (NSDUH_**)?
* **_NSDUH_** is the broadest of the general surveys
* Self-report data from general population (households\_
* Good: broad sample, useful for looking at national trends
* Bad: respondents may lie; missed at-risk groups such as the homeless and prisoners
64
What is **_Monitoring The Future (MTF)_**?
* Self-report data from students in grades 8,10, &12
* Surveys students in the classroom
* Good: you get information from at-risk group (students)
* Bad: misses the most at-risk kids (dropouts)
65
What is the **_Drug Abuse Warning Network (DAWN)_**?
* Drug-related hospital emergency room admissions
* Good: Measures most serious health consequences
* Bad: reports only on the cases were drug use was mentioned
66
What is the **_Arrestee Drug Abuse Monitoring (ADAM)_**?
* Urine specimen and arrestee self-report
* Good: some info on high risk group (for drugs and crime)
67
How do we get **_Official Crime Data_**?
* Police, Courts, Corrections
1. **_Uniform Crime Reports (UCR)_**
* Victimization Surveys
1. Measures crime by asking people if they have been victimized in the past
68
What is the **_National Crime Victimization Survey (NCVS)_**?
* The major victimization survey in the US
* Samples 50,000-76,000 households
* Everyone in the household 12+ is interviewed
* Measures: assault, rape, sexual assault, burglary, MVT and theft
69
What are the Strengths of **_NCVS_**?
• Can measure crimes not reported to authorities
o Better at shining light on dark figure of crime
Finds about 3X more crime than UCR
• A better measure of less serious crimes than official data
70
What are the Limitations of **_NCVS_**?
* People may forget to report minor crimes
* Telescoping- people include crimes that happened outside of the time period of interest
* Leaves out the homeless and small children
71
What are **_self-Report Survey_**s?
**_Self-report surveys_** asks people if they have committed any crimes
72
What are the strengths of self-report surveys?
· Can get _dark figure_
· Can include _victimless crimes_ (such as drug use)
· More accurate for _minor crimes_
o Unlikely to be reported to police (cell phone theft)
o Forgotten by victim
73
What are the limitations of self-report surveys?
* · _People may lie_ about crimes committed (especially serious crimes)
* · _Telescoping_
74
At what age does illicit drug use peak?
Illicit drug use peaks around 18-20 years of age
75
What are **_Drug-defined crimes_**?
The possession and sale of illegal substances
76
What are **_Drug-related crimes_**?
Behaviors influenced by pharmacological effect of drugs. Example: robbery to pay for drug habit
77
What are **_crimes associated with drug usage_**?
Offender was using at time of offense, but drugs were not the cause
78
**_Drugs and alcohol use is VERY common among arrestees_**
Yes, many offenders use drugs but patterns of drug use vary among them. Some use drugs 1st, or commit crime 1st, or both.
79
TAKE AWAY on Drugs:
Drugs modify encounters b/t people in ways that make them a particular risk for violence. We can’t say drugs are direct cause of crime but they are related to crime.
80
What are the three **_MAJOR DRUG CONTROL POLICIES_**?
1. Supply Reduction
2. Demand Reduction
81
What is **_Supply Reduction_** and how is it carried out?
Supply reduction is a **_Major Drug Control Policy_** designed to reduce availability. Through:
1. Drug Interdiction
2. Drug Eradication
3. Tougher Sentencing
Police Crackdowns
82
What is **_Drug Interdiction_**?
**_Drug interdiction**_ is a method of _**supply reduction_**; it looks to prevent drug smuggling into US by intercepting and seizing drug contraband. It is one of the primary foci of US drug control policy.
83
What is **_Drug Eradication_**?
**_Drug Eradication**_ is a method of _**supply reduction_**; it looks at reducing the production of drug plants in the field.
84
What is **_Tougher Sentencing_**?
**_Tougher sentencing**_ is a method of _**supply reduction_**; it looks at making sentences for all drug offenders more severe and longer
85
What are **_Police Crackdowns_**?
* · Negative consequences for residents and police
* · Increase fear
* · Undermine support for population
* · Exacerbate existing racial and ethnic disparities in CJS
* · May not work or could only displace crime
86
What is **_Crime Displacement_**?
**_Crime Displacement_** prevention efforts moves crime to areas not being targeted. Deterrence based, results are mixed but encouraging.
87
What is **_Drug Reduction_** and how is it carried out?
**_Drug Reduction**_ is a _**Major Drug Control Policy_** designed to decrease desire for drugs. Through:
1. Education
2. Drug Treatment
3. Reclassifying and Decriminalizing Drug Offense
88
What is **_Education_**?
**_Education**_ is a method of _**drug reduction_**. Public campaigns designed to persuade people to not use drugs. Through
* Information dissemination- provides info, assumes people are rational
* Fear arousal-“this is your brain on drugs
* Moral appeal-drug use is wrong
* Affective education- help develop skills needed to resist
*
89
What is **_Drug Treatment_**?
**_Drug Treatment**_ is a method of _**drug reduction_**. Planned intervention designed to change behavior. Through:
* Methadone maintenance
* Therapeutic communities- residential, intensive counseling
* Outpatient drug-free programs-most common and least expensive
* Faith-based treatment- operated by religious organizations
90
What is **_Reclassifying and Decriminalizing Drug Offense_**?
**_Reclassifying and Decriminalizing Drug Offense**_ is a _**Major Drug Control Policy_**. Many states have lowered classification levels for offense involving possessions.
91
Arguments for the legalization of drugs:
* The futility of enforcement (\<1%) Despite # of arrests, we reach less than 1% or users
* The restriction of the drug market (more pot may reduce demand for hard drugs)
* The hypocrisy of drug laws (tobacco and alcohol are legal)
* International relations (heavy enforcement may hurt relations w/ Mexico, Peru, Columbia)
* Personal freedoms (new search and seizure powers, employer drug testing etc.)
* The crime rate (no need to burgle or rob if drugs are legal and cheap)
* Public health (regulation= pure drugs and removal of stigma may convince addicts to get help)
92
Arguments against legalization of drugs:
* The alcohol argument (substances as harmful as alcohol should be illegal for the sake of society
* The crime rate (criminals are even more unpredictable or dangerous when high)
* The cost of legalization (high taxes may increase black market and $ will be spent on added traffic deaths, loss of productivity and medical costs)
* The addicts (addicts would lose job and resort to crime)
* Personal freedoms (safeguarding the freedoms of drug users may impinge on rights of everyone else)
93
How was the Death Penalty in Colonial & Early America (1600s-1829)?
* The death penalty was a common practice for a wide array of crimes
* Executions were public
* 1608- 1st execution in Virginia Colonies
94
What is Beccaria’s “On Crime & punishment”?
In 1767 Beccaria said that we should practice the least amount of punishment for crime so that they don’t repeat it. Not to execute for everything.
95
How was the Death Penalty in the Reform Era (1830-1975)?
* 1838- 1st Discretionary capital punishment (mandatory execution)
* Death available for fever crime types
* No more public executions
* Several states abolish it
96
How was the Death penalty in the Modern Era (1976-present)?
· Two major constitutional changes to the death penalty
o Does the death penalty violate due process?
o Is the death penalty cruel and unusual punishment?
97
Does the death penalty violate due process?
* · In 1971 case, the defendant argues the death penalty violates the 14th amendment- due process
o Jurors & unrestricted discretion
o Guilt & sentence at same time
* · Supreme court disagrees- due process rights are not violated
98
Is the death penalty cruel and unusual punishment?
· **Furman v Georgia** (1922)- Supreme court says yes
o Process is too arbitrary
o Violates 8th amendment- Cruel and unusual
o Not the death penalty itself, just the way in which it was applied- inconsistently
o Results: 40 states voided, 629 sentences commutes; nation stops all executions; states attempted to standardize process
99
What is the **_Mandatory Death Penalty_**?
**_Mandatory Death Penalty_**- certain types of narrowly defined murders automatically get the death penalty. Quickly ruled unconstitutional.
100
What is **_Guided Death Penalty_**?
**_Guided Death Penalty_** – juries are provided some sentencing direction. Aggravating and mitigating circumstances. Similar to sentencing guide lines.
101
**_Greg v Georgia (1976)_**
· 3 forms allow for a return of the death penalty
1. Guided Death Penalty
2. Bi-furcated trial- separate deliberations for guilt and penalty
a. After conviction, 2nd trial to decide death penalty vs. prison
3. Proportionality reviews- have requirement for states to regularly review system of disparities
102
**_Dominant Methods of Execution_**
* Hanging (pre-colonial) some would not die immediately
* Firing Squad (late 19th century) messy, might not die
* Electrocution (1890)
* Gas Chamber (1924)
* Lethal Injection (1977) 1. knock out 2. massive paralysis 3. Massive Heart Attack
103
Who is on Death Row?
* 32 states, federal government, and military have it
* Currently 3170 on death row in the US
* States with most inmates on death row
* Cal (699)
* Florida (392)
* Texas (315)
* Pennsylvania (215)
* 76% of all executions occur in the south
104
Death Penalty and Criminal History
* 97% have prior homicide conviction
* 66% have prior felony conviction
105
Death Penalty and Gender
98% male, 2% female
106
Death Penalty and Race/Ethnicity
· White 43%, AA 42%, Hispanic 12%
107
Death Penalty and Education
· Median education level of death row inmates is 12th grade
108
Death Penalty and Age
* About 50% were 20-29 at the time of arrest, 11% 19 or younger
* 42 at time of execution
109
What is the goal of the death penalty?
* Incapacitation
* Retribution
* General Deterrence
110
What is **_deterrence_**?
· **_Deterrence_**-could reduce violent crime
111
What is the **_brutalization effect_**?
· **_Brutalization Effect_**- could increase violent crime
112
What did Cochran et al. examine?
Cochran et al. 1994 examined impact of return of death penalty on homicides rates
* Find neither deterrent nor brutalization effect
Cochran and Chamlin (2000) examine impact of one highly publicized execution in CA
* Find small deterrent effect for instrumental, non-stranger homicides
* But even bigger brutalization effect for expressive, stranger homicides
113
What did recent studies on the effect of the death penalty find?
* Land et al. (2009) small, short term deterrence effect in TX
* Kovandzic (2009) no deterrent effect in US
* Bottom Line: no clear evidence that the death penalty acts as a strong deterrent
114
Are there disparities in carrying out the death penalty?
**_McCleskey v. Kemp (1987)_** – Plaintiff cites Baldus (1981) study showing that cases with white _victims_ got the death penalty more. Not all studies found a race effect however, challenge on grounds of racial discrimination rejected.
115
What did **_Poternoster et al_**. (2003) examine?
Poternoster et al. examined 4 key decision points
1. Decision by prosecutors to rue notification to seek death
* **_Race of victim mattered_** more likely to seek death for white victims
* Location mattered some counties are more likely to seek death
2. Prosecutors decision to make death notification stick
* No race effect
3. Prosecutor's decision to advance case to penalty phase
* No race effect
4. Decision of judge/jury to sentence defendant to death
* No race effect
116
Summary of Disparity Research
* Victims race, death penalty more likely if victim is white
* Race of offender- no substantial effect
* Social Class: Inconclusive evidence and confounded with race
117
Why is it more costly to execute?
* Death sentence costs approximately $3 million, compared to $1.1 million where death was not sought
* Trial Phase:
* 70% of added cost occurs at trial: Longer trials, more motions, more prep time, investigation, jury selection
* Appellate Conviction Phase- greater # of motions, appeals and hearing
* Prison Costs: death row is more expensive
