Criminology Chapter 3

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Criminology Chapter 3

  1. 1. CRIMINOLOGY TODAY AN INTEGRATIVE INTRODUCTION sixth edition By FRANK SCHMALLEGERPearson Education, Inc.
  2. 2. CRIMINOLOGY TODAY AN INTEGRATIVE INTRODUCTION sixth edition By FRANK SCHMALLEGER Chapter 3 Classical and Neoclassical ThoughtPearson Education, Inc.
  3. 3. Major Principles of the Classical School • Humans are fundamentally rational; most human behavior results from free will and rational choice • Pain and pleasure are the two central determinants of human behavior • Punishment deters law violators and serves as an example to othersCriminologyToday: An • RootIntegrative principles of right and wrong are inherent in the nature of thingsIntroduction, 6/eFrankSchmalleger 3 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  4. 4. Major Principles of the Classical School • Society provides benefits to individuals that they would not receive in isolation • Society requires individuals forfeit some benefits • Certain human rights are inherent in the nature of thingsCriminologyToday: Crime is immoral because it disparages the • AnIntegrative quality of the bond that exists between individualsIntroduction,society and 6/eFrankSchmalleger 4 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  5. 5. Forerunners of Classical Thought • Primitive societies did not have the concept of crime as a law violation • All 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 – Folkways: customs whose violation is less likely toCriminologyToday: Anthreaten group survival – Laws: codified into formal structures for enforcementIntegrative purposesIntroduction, 6/eFrankSchmalleger 5 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  6. 6. Forerunners of Classical Thought • Mala in se Acts said to be fundamentally or inherently wrong regardless of time or place • Mala prohibita Acts said to be wrong only because they are prohibitedCriminologyToday: AnIntegrativeIntroduction, 6/eFrankSchmalleger 6 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  7. 7. The Demonic Era • Attempts to explain evil conditions individuals and social groups endure • Some forms of evil seem cosmically based (plague, Holocaust) – Divine punishment – Karma – Fate – Vengeful activities of offended gods • Others the result of individual behavior (victimization, crime,Criminology deviance)Today: An – Demonic possessionIntegrative – Spiritual influences – TemptationIntroduction, 6/e by fallen angelsFrankSchmalleger 7 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  8. 8. Early Sources of Criminal Law • Code of Hammurabi • Early Roman Law • Common LawCriminology • Magna CartaToday: AnIntegrativeIntroduction, 6/eFrankSchmalleger 8 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  9. 9. Code of Hammurabi • First known written body of law to survive • Created in 1700s B.C. in Babylon • Emphasized retribution and attempted to limit cruelty of punishmentCriminologyToday: AnIntegrativeIntroduction, 6/eFrankSchmalleger 9 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  10. 10. Early Roman Law • Derived from the Twelve Tables (450 B.C.) – Regulated family, religious, economic life – Based on generally accepted common and fair practices • Justinian Code – Institutes – DigestCriminology – CodeToday: AnIntegrativeIntroduction, 6/eFrankSchmalleger 10 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  11. 11. Common Law • A traditional body of unwritten legal precedents – Created through everyday practice in English society – Supported by court decisions during the Middle Ages • Declared the “law of the land” by KingCriminology Edward the ConfessorToday: AnIntegrativeIntroduction, 6/eFrankSchmalleger 11 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  12. 12. The Magna Carta • Signed on June 15, 1215 by King John of England – Bound the king by law to respect traditional landowning rights of barons – Guaranteed freedom of the church – Guaranteed respect for customs of towns • Later interpreted as supporting individual rights and jury trials • Guarantees basic liberties for all British citizensCriminologyToday: An • “TheIntegrative foundation stone of our present liberties”Introduction, 6/eFrankSchmalleger 12 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  13. 13. The Enlightenment • Age of Reason • Important social movement in 17th and 18th centuries • Emphasis on free will, rational thought asCriminology of human behavior basisToday: AnIntegrativeIntroduction, 6/eFrankSchmalleger 13 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  14. 14. The Enlightenment • Thomas Hobbes (1588-1679) – Leviathan (1651) – Social contract • John Locke (1632-1704) – Essay Concerning Human Understanding – Humans a blank slate at birthCriminology – Social contract concept expandedToday: AnIntegrative – Governmental checks and balancesIntroduction, 6/eFrankSchmalleger 14 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  15. 15. The Enlightenment • Jean-Jacques Rousseau (1712-1778) – In natural state, humans are good and fair – Natural law – immutable laws fundamental to human nature – Human-made law – derived from human experience and history, continually changingCriminology • Thomas Paine (1737-1809)Today: An – Only democracy can guarantee natural rightsIntegrativeIntroduction, 6/eFrankSchmalleger 15 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  16. 16. The Classical School • A product of the Enlightenment • Explained crime as resulting from the exercise of free will – Explained crime as a particularly individualized form of evil – Moral wrongdoing fed by personal choiceCriminologyToday: AnIntegrativeIntroduction, 6/eFrankSchmalleger 16 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  17. 17. Cesare Beccaria • Essay on Crimes and Punishments (1764) • Philosophy of punishment – Punishment based on degree of injury caused – Purpose of punishment – deterrence, prevention – Swift, certain – Severe enough to just outweigh personal benefits from crime • Three types of crimes recognized – Property crimes – punish with fines – Personal injury crimes – corporal punishmentCriminology crimes against the state – death – SeriousToday: AnIntegrative • Condemned use of tortureIntroduction, 6/eFrankSchmalleger 17 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  18. 18. Jeremy Bentham • An Introduction to the Principles of Moral Legislation (1789) • Hedonistic calculus/utilitarianism – People are rational, weigh pain of punishment against pleasure from crime – Pain from punishment should outweigh pleasure from crimeCriminology – Punishment should be swift and certainToday: AnIntegrativeIntroduction, 6/e •FrankPanopticon House – model prisonSchmalleger 18 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  19. 19. Heritage of the Classical School • Rationality • Human rights • Hedonism • Due process • PunishmentCriminologyToday: AnIntegrativeIntroduction, 6/eFrankSchmalleger 19 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  20. 20. Neoclassical Criminology • Positivism – The application of scientific techniques to the study of crime – Replaced Classical School by end of 1800s – Based on hard determinism - the belief that crime result from forces that are beyond the control of the individual – Rejects concept of free willCriminologyToday: AnIntegrativeIntroduction, 6/eFrankSchmalleger 20 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  21. 21. Neoclassical Criminology • Resurgence of classical ideals in 1970s – Emphasized importance of character – Dynamics of character development – Rational choices when faced with opportunities for crime • Middle ground between total free will andCriminologyToday: An determinism hardIntegrativeIntroduction, 6/eFrankSchmalleger 21 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  22. 22. Neoclassical Criminology • Robert Martinson’s national survey of rehabilitation programs – “Nothing works doctrine” • James Q. Wilson – Crime is not a result of poverty or social conditions – it cannot be affected by social programsCriminology Fogel’s justice model • DavidToday: An – Prisons do not rehabilitate or cureIntegrative – OffendersIntroduction, 6/e deserve punishment because of their choicesFrankSchmalleger 22 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  23. 23. Rational Choice Theory • Criminals make a conscious, rational choice to commit crime • Cost-benefit analysis Behavior is a personal choice made after weighing costs and benefits of available alternatives • Main typesCriminology – Routine activities theoryToday: An – Situational choice theoryIntegrativeIntroduction, 6/eFrankSchmalleger 23 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  24. 24. Routine Activities Theory • Lawrence Cohen and Marcus Felson Lifestyle and changes in society contribute to crime rates • Three elements needed for crime: – Motivated offender – Suitable targetCriminology – Absence of capable guardiansToday: AnIntegrativeIntroduction, 6/eFrankSchmalleger 24 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  25. 25. 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 opportunityCriminologyToday: An • Reduce crimeIntegrative by changing the environmentIntroduction, 6/eFrankSchmalleger 25 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  26. 26. Situational Choice Theory Objectives of situational prevention: – Increase effort involved in crime – Increase risks associated with crime – Reduce rewards of crime – Reduce provocations for crime – Remove rationalizations that facilitate crimeCriminologyToday: AnIntegrativeIntroduction, 6/eFrankSchmalleger 26 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  27. 27. The Seductions of Crime • Jack Katz explains crime as the result of positive attractions of the experience of criminality – Crime is often pleasurable for those committing it, which is the motivation behind crime • Suggests criminology be redirected toCriminology situational factors that directly precipitateToday: AnIntegrative and reflect crime’s sensuality crimeIntroduction, 6/eFrankSchmalleger 27 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  28. 28. Situational Crime Control Policy • Situational crime prevention shifts the focus away from the offender and onto the context in which crime occurs • Emphasizes opportunity – reduce opportunities to reduce crime – Target hardeningCriminology – Access controlToday: AnIntegrativeIntroduction, 6/eFrankSchmalleger 28 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  29. 29. Critique of Rational Choice Theory • Overemphasis on individual choice and 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 ofCriminologyToday: An situational crime prevention strategiesIntegrativeIntroduction, 6/eFrankSchmalleger 29 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  30. 30. Punishment and Neoclassical Thought • Classical School emphasizes deterrence as purpose of punishment • Neoclassical view adds retribution – Individuals choosing to violate the law deserve to be punished – Criminals must be punished to curtail futureCriminology crimeToday: AnIntegrativeIntroduction, 6/eFrankSchmalleger 30 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  31. 31. Just Deserts • Just deserts model of sentencing The notion that criminal offenders deserve the punishment they receive at the hands of the law and that punishments should be appropriate to the type and severity of crime committed • Justice is what the individual deserves when all circumstances are consideredCriminologyToday: AnIntegrativeIntroduction, 6/eFrankSchmalleger 31 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  32. 32. Deterrence • Specific deterrence – focuses on the offender Seeks to prevent a particular offender from engaging in repeat criminality • General deterrence – works by example Seeks to prevent others from committing crimes similar to the one for which a particular offenderCriminology is being sentencedToday: AnIntegrativeIntroduction, 6/eFrankSchmalleger 32 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  33. 33. Recidivism • Recidivism: The repetition of criminal behavior by those already involved in crime • Recidivism rate: The percentage of convicted offenders who have been released from prison and are laterCriminology rearrested for a new crime (usually within 5Today: An years of release)IntegrativeIntroduction, 6/eFrankSchmalleger 33 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  34. 34. Recidivism • American CJ system seems ineffective at preventing crime • Contemporary criminal law rarely applied to the majority of offendersCriminologyToday: AnIntegrativeIntroduction, 6/eFrankSchmalleger 34 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  35. 35. Capital Punishment • Capital punishment brings together notions of deterrence, retribution and just deserts • Considerable disagreement over the efficacy of death as a criminal sanctionCriminologyToday: AnIntegrativeIntroduction, 6/eFrankSchmalleger 35 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  36. 36. Capital Punishment and Race • Opponents of capital punishment cite research suggesting it has been imposed disproportionately on racial minorities • Advocates are more concerned with whether it is fairly imposed than with ethnic differences in rates of impositionCriminologyToday: AnIntegrativeIntroduction, 6/eFrankSchmalleger 36 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  37. 37. Is the System Flawed? • Research into the exoneration of convicted offenders by postconviction DNA evidence shows the fallibility of the justice process • Some jurisdictions are rethinking the use of capital punishmentCriminology • NotToday: An all claims of innocence are supported byIntegrative DNA testingIntroduction, 6/eFrankSchmalleger 37 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  38. 38. Policy Implications of the Classical SchoolCriminologyToday: AnIntegrativeIntroduction, 6/eFrankSchmalleger 38 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  39. 39. Policy Implications of the Classical School • 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 serveCriminology • IncapacitationToday: AnIntegrative use of imprisonment to reduce the likelihood that an TheIntroduction, 6/e will be able to commit future crimes offenderFrankSchmalleger 39 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved
  40. 40. A Critique of Classical Theories • Represents more a philosophy of justice than a theory of crime causation • Does not really explain criminal motivation • Little empirical scientific basis for claimsCriminology by the Classical School madeToday: AnIntegrativeIntroduction, 6/eFrankSchmalleger 40 Copyright © 2012, 2009, 2006, 2004, 2002, 1999, 1996 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 • All rights reserved

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