CRJ270 - Chapter 3

Transcript CRJ270 - Chapter 3

Introduction to Criminology CRJ 270

Instructor: Jorge Pierrott

Criminology Today

AN INTEGRATIVE INTRODUCTION SEVENTH EDITION

CHAPTER

Chapter Objectives

• • • After reading this chapter, students should be able to answer the following questions: What are the major principles of the Classical School of criminology?

What were some forerunners of classical thought in criminology?

Who were some important thinkers of the Classical School of criminology, and what was their legacy?

Chapter Objectives Cont.

• • • • What is neoclassical criminology, and how does it differ from the classical perspective? How does it build on it?

What is the role of punishment in neoclassical criminology?

What are the policy implications of the Classical School and of neoclassical thought?

What are the criticisms of classical and neoclassical perspectives on crime?

Introduction

• • Majority of crimes are likely to be planned, at least to some degree This chapter looks at perspectives based on the believe that at least some crime is the result of rational choices by offenders Criminology Today, 7th Edition Frank Schmalleger Copyright © 2015 by Pearson Education, Inc.

Figure 3-1 Key Principles of Classical and Neoclassical Criminology Source: Schmalleger, Frank J., Criminology. Printed and Electronically reproduced by permission of Pearson Education, Inc., Upper Saddle River, New Jersey.

Forerunners of Classical Thought

• • All human societies had notions of right and wrong William Graham Sumner - behavior is governed by: 

Mores

• proscriptions covering potentially serious violations of a group’s values (e.g., murder, rape, robbery) Criminology Today, 7th Edition Frank Schmalleger

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Forerunners of Classical Thought

• William Graham Sumner - behavior is governed by: 

Folkways

• customs whose violation is less likely to threaten group survival of the group (dress codes, social manners) 

Laws

• codified into formal structures for enforcement purposes Criminology Today, 7th Edition Frank Schmalleger

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Forerunners of Classical Thought

•

Mala in se

 Acts said to be fundamentally or inherently wrong regardless of time or place. (Forcing someone to have sex against their will or the intentional killing of children.) •

Mala prohibita

 Acts said to be wrong only because they are prohibited. (Prostitution, gambling, drug use, and premarital sex) Criminology Today, 7th Edition Frank Schmalleger Copyright © 2015 by Pearson Education, Inc.

The Demonic Era

• • Humans always preoccupied with good vs. evil Explanations for evil that appears cosmically-based (plague) include divine punishment, karma, fate, vengeful activities of offended gods Criminology Today, 7th Edition Frank Schmalleger

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The Demonic Era

• Explanations for evil due to individual behavior (personal victimization, crime, deviance) include demonic possession, spiritual influences, temptation by fallen angels Criminology Today, 7th Edition Frank Schmalleger Copyright © 2015 by Pearson Education, Inc.

Early Sources of Criminal Law

• • • King Hammurabi ruled Babylon from 1792 to 1750 B.C

. and created a legal code. Code of Hammurabi  Emphasis on retribution Hammurabi’s law spoke to issues of:     Theft Property ownership Sexual relationships and Interpersonal violence Criminology Today, 7th Edition Frank Schmalleger

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Early Sources of Criminal Law

• Early Roman Law    Twelve Tables – A collection of basic rules regulating family, religion and economic life. Based on common and fair practices Justinian Code included: • The Institutes • • • The Digest The Code It distinguished between public and private laws Criminology Today, 7th Edition Frank Schmalleger Copyright © 2015 by Pearson Education, Inc.

Early Sources of Criminal Law

• • Common Law   Based on shared traditions supported by court decisions Major source of modern criminal law Magna Carta (King John of England)    Barons demanding respect of their traditions. Individual rights Due process Criminology Today, 7th Edition Frank Schmalleger Copyright © 2015 by Pearson Education, Inc.

The Enlightenment (Age of Reason)

• Social movement in the 17 th Centuries  & 18 th Thomas Hobbes • Fear of violent death forces humans into social contract. • In exchange the state demands surrender of certain natural rights and submission to the absolute authority. Criminology Today, 7th Edition Frank Schmalleger

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The Enlightenment (Age of Reason)

• John Locke – Essay Concerning Human Understanding   • Blank slate Expanded social contract concept • Once government is formed, its obligated to assume responsibilities toward its citizens. • Protection, Welfare, Life, Health, Liberty and Possessions Checks and balances Criminology Today, 7th Edition Frank Schmalleger Copyright © 2015 by Pearson Education, Inc.

The Enlightenment

• • Jean-Jacques Rousseau  Humans intrinsically good  Natural law - rights that individuals retain in the face of government action and interests Thomas Paine   Natural rights – Thomas Jefferson - “life, liberty, property” Criminology Today, 7th Edition Frank Schmalleger Copyright © 2015 by Pearson Education, Inc.

The Classical School

• • Enlightenment led to view of humans as self-determining entities with freedom of choice Led to Classical School of criminological thought  Explained crime as resulting from the exercise of free will  Moral wrongdoing fed by personal choice Criminology Today, 7th Edition Frank Schmalleger Copyright © 2015 by Pearson Education, Inc.

Cesare Beccaria

• • •

Essay on Crimes and Punishments

(1764) Philosophy of punishment  Purpose of punishment – deterrence, prevention   Swift, certain Only severe enough to outweigh personal benefits derived from crime Opposed to capital punishment, torture Criminology Today, 7th Edition Frank Schmalleger Copyright © 2015 by Pearson Education, Inc.

Jeremy Bentham

• • • •

Introduction to the Principles of Moral Legislation

(1789) Two sovereign masters:  Pain and pleasure Hedonistic calculus/utilitarianism  People act to maximize pleasure, minimize pain  Therefore, pain from punishment must exceed pleasure from crime Panopticon – model prison Criminology Today, 7th Edition Frank Schmalleger Copyright © 2015 by Pearson Education, Inc.

Neoclassical Criminology

• Positivism began to dominate in 20th century  Use of scientific method to study crime  Based on hard determinism - belief that crime results from forces beyond individual’s control Criminology Today, 7th Edition Frank Schmalleger

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Neoclassical Criminology

• Assumptions undermined in 1970s   Studies suggesting failure of rehabilitation Fear of crime policies  “get tough on crime”  Reaffirmation of belief in rationality Criminology Today, 7th Edition Frank Schmalleger

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Neoclassical Criminology

• • Resurgence of classical ideals in 1970s – middle ground between total free will and hard determinism Key influences  Robert Martinson’s survey of rehabilitation programs leading to “nothing-works doctrine” Criminology Today, 7th Edition Frank Schmalleger

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Neoclassical Criminology

• Key influences   James Q. Wilson – crime is not a result of social conditions and cannot be affected by social programs David Fogel’s justice model – criminals deserve punishment because of their choices Criminology Today, 7th Edition Frank Schmalleger Copyright © 2015 by Pearson Education, Inc.

Rational Choice Theory (RCT)

• • Criminals make a conscious, rational choice to commit crime Cost-benefit analysis  Behavior result of personal choices made after weighing costs and benefits  Crime will decrease when opportunities, limited, benefits reduced, costs increased Criminology Today, 7th Edition Frank Schmalleger

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Rational Choice Theory (RCT)

Routine Activities Theory

• • Lawrence Cohen and Marcus Felson  Lifestyle and changes in society contribute to volume, type of crime Elements needed for crime:   Motivated offender Suitable target  Absence of capable guardians Criminology Today, 7th Edition Frank Schmalleger

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Routine Activities Theory

• Lifestyles that contribute to criminal opportunities likely to result in crime because increase risk of potential victimization Criminology Today, 7th Edition Frank Schmalleger Copyright © 2015 by Pearson Education, Inc.

Situational Choice Theory

• • • Ronald V. Clarke and Derek Cornish Soft determinism   Crime is a function of choices and decisions made within a context of situational constraints and opportunities Crime requires motivation and opportunity Reduce crime by changing the environment Criminology Today, 7th Edition Frank Schmalleger Copyright © 2015 by Pearson Education, Inc.

Situational Crime Control Objectives

• • • • • Increase the effort involved in crime Increase the risks associated with crime Reduce the rewards of crime Reduce the provocations for crime Remove the excuses that facilitate crime Criminology Today, 7th Edition Frank Schmalleger Copyright © 2015 by Pearson Education, Inc.

The Seductions of Crime

• Jack Katz explains crime as the result of positive attractions of the experience of criminality  Crime is often pleasurable for offenders, which is a major motivation behind crime  Crime is sensually compelling Criminology Today, 7th Edition Frank Schmalleger

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The Seductions of Crime

• Suggests criminology be redirected to situational factors that directly precipitate crime and reflect crimes’ sensuality Criminology Today, 7th Edition Frank Schmalleger Copyright © 2015 by Pearson Education, Inc.

Situational Crime-Control Policy

• • • Situational crime prevention shifts the focus away from the offender and onto the context in which crime occurs Begins with opportunity structure of crime – reduce opportunities to reduce crime Focus on context of crime as alternative to traditional offender-based crime prevention policies Criminology Today, 7th Edition Frank Schmalleger Copyright © 2015 by Pearson Education, Inc.

Critique of Rational Choice Theory

• • • Overemphasis on individual choice, relative disregard for the role of social factors in crime causation Assumes everyone is equally capable of making rational decisions Displacement may occur as a result of situational crime prevention strategies Criminology Today, 7th Edition Frank Schmalleger Copyright © 2015 by Pearson Education, Inc.

Punishment and Neoclassical Thought

• • Classical School emphasizes deterrence as purpose of punishment Neoclassical view adds retribution  Someone who chooses to violate the law deserve to be punished  Criminals must be punished to curtail future crime Criminology Today, 7th Edition Frank Schmalleger Copyright © 2015 by Pearson Education, Inc.

Just Deserts

• • Just deserts model of sentencing offenders deserve the punishment they receive and punishments should be appropriate to type/severity of crime Justice is what the individual deserves when all circumstances are considered Criminology Today, 7th Edition Frank Schmalleger Copyright © 2015 by Pearson Education, Inc.

Deterrence

• Types of deterrence   Specific – goal of sentencing seeking to prevent a particular offender from engaging in repeat criminality General – seeks to prevent others from committing similar crimes Criminology Today, 7th Edition Frank Schmalleger

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Deterrence

• • For punishment to deter, it must be swift, certain, and sufficiently severe High recidivism rates suggest specific deterrence does not prevent repeat crime Criminology Today, 7th Edition Frank Schmalleger Copyright © 2015 by Pearson Education, Inc.

Figure 3-5 The Crime Funnel Note: Includes drug crimes.

Source: Statistics derived from Kathleen Maquire, ed., Sourcebook of Criminal Justice Statistics, http://www.albany.edu/sourcebook (accessed May 12, 2013).

Capital Punishment

• Brings together notions of deterrence, retribution and just deserts   Considerable disagreement over the efficacy of death as a criminal sanction Much research into efficacy, fairness of capital punishment Criminology Today, 7th Edition Frank Schmalleger

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Capital Punishment

• Capital punishment and race   Opponents cite research suggesting it has been imposed disproportionately on racial minorities Advocates more concerned with whether penalty is fairly imposed Criminology Today, 7th Edition Frank Schmalleger Copyright © 2015 by Pearson Education, Inc.

Policy Implications of Classical and Neoclassical Thought

• • Determinate sentencing  Mandates a specific and fixed amount of time to be served for each offense category Truth in sentencing  Requires judges to assess and make public the actual time an offender is likely to serve Criminology Today, 7th Edition Frank Schmalleger

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Policy Implications of Classical and Neoclassical Thought

• Incapacitation  The use of imprisonment to reduce the likelihood that an offender will be able to commit future crimes Criminology Today, 7th Edition Frank Schmalleger Copyright © 2015 by Pearson Education, Inc.

A Critique of Classical Theories

• • • Represents more a philosophy of justice than a theory of crime causation Lacks explanatory power over criminal motivation – does not really explain how choices for/against crime are made Little empirical scientific basis for claims of Classical School Criminology Today, 7th Edition Frank Schmalleger Copyright © 2015 by Pearson Education, Inc.

Activity

Your instructor will place you in groups and assign you a public venue (a library, a grocery store, a video store, an office building, etc.).

Your group is to inspect the location and answer the following questions:  What situational crime prevention techniques are in use in this location? What types of crime do they attempt to prevent? (For  example, metal detectors help prevent the theft of library books.) What additional crime prevention techniques could be used to reduce crime in this location?

CRJ270 - Chapter 3

Transcript CRJ270 - Chapter 3

Introduction to Criminology CRJ 270

Criminology Today

Chapter Objectives

Chapter Objectives Cont.

Introduction

Forerunners of Classical Thought

Forerunners of Classical Thought

Forerunners of Classical Thought

The Demonic Era

The Demonic Era

Early Sources of Criminal Law

Early Sources of Criminal Law

Early Sources of Criminal Law

The Enlightenment (Age of Reason)

The Enlightenment (Age of Reason)

The Enlightenment

The Classical School

Cesare Beccaria

Jeremy Bentham

Neoclassical Criminology

Neoclassical Criminology

Neoclassical Criminology

Neoclassical Criminology

Rational Choice Theory (RCT)

Rational Choice Theory (RCT)

Routine Activities Theory

Routine Activities Theory

Situational Choice Theory

Situational Crime Control Objectives

The Seductions of Crime

The Seductions of Crime

Situational Crime-Control Policy

Critique of Rational Choice Theory

Punishment and Neoclassical Thought

Just Deserts

Deterrence

Deterrence

Capital Punishment

Capital Punishment

Policy Implications of Classical and Neoclassical Thought

Policy Implications of Classical and Neoclassical Thought

A Critique of Classical Theories

Activity

Directory