Questions and Answers
What are the two types of crimes in Latin terms?
Mala in se and Mala Prohibita
What did the Classical School believe about human behavior?
That humans are rational beings who make conscious choices.
Which of the following concepts did Cesare Beccaria advocate for?
What is the purpose of Situational Crime Prevention?
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True or False: Natural law theorists believe that human-made laws evolve from cultural experience.
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What is the significance of the Magna Carta?
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What did Jeremy Bentham's Hedonistic Calculus propose?
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What is recidivism?
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The code developed by Emperor Claudius during the Roman Empire was known as the ______.
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What is a potential consequence of 'Get Tough on Crime' policies?
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True or False: Target hardening refers to making a location less accessible to crime.
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Study Notes
Classical and Neoclassical Thought in Criminology
- Crime is often a rational choice with some spontaneous acts; illegal actions are seen as results of rational decision-making.
- The Classical School emerged before formal laws, relying on societal norms, such as mores and folkways, to define acceptable behavior.
Mores and Folkways
- Mores: Strong behavioral rules prohibiting serious violations, e.g., murder and robbery.
- Folkways: Customs that guide social interactions, regarded as less severe and not often enforced by law, e.g., etiquette breaches.
Crime Classification
- Mala in se: Crimes understood as inherently wrong (e.g., murder).
- Mala prohibita: Acts deemed wrong only due to formal prohibitions (e.g., illegal parking).
Cultural Perspectives on Crime
- Cultural differences influence definitions of right and wrong, highlighting the quest for religious freedom by groups like the Pilgrims.
Historical Legal Codes
- Code of Hammurabi: Early Babylonian laws focusing on property rights and social behaviors, established around 1772 B.C.
- Discovered in 1901, the code influenced modern legal systems.
- Early Roman Law: Introduced by Emperor Claudius through the Twelve Tables around 450 B.C., covering various societal aspects.
- Justinian Code: Compiled laws of the Roman Empire, establishing the backbone of contemporary civil and criminal law.
Common Law Development
- Originated from customs and practices rather than written statutes, guided by precedents, shaping modern legal frameworks.
Enlightenment Influence
- Enlightenment thinkers like Hobbes, Locke, and Rousseau advanced ideas of social contracts and natural rights, emphasizing human reason and governance principles.
Beccaria and Bentham's Contributions
- Cesare Beccaria: Advocated for proportionate punishment aimed at deterrence and established the principle of innocence until proven guilty.
- Jeremy Bentham: Developed the hedonistic calculus, asserting that crime results from rational calculations of pleasure and pain.
Neoclassical Criminology
- Focuses on crime prevention through environmental changes and systematically addressing underlying social issues like poverty or family structure.
Positivism and Its Critique
- Positivism posits that crime stems from uncontrollable external forces but faced challenges during the 1970s due to concerns about rehabilitation effectiveness and a return to rational human agency.
Three-Strikes Legislation
- Mandates life sentences for those convicted of three violent felonies, raising debates over its implications, including increased prison populations and trial costs.
Rational Choice Theory
- Suggests crime occurs when the perceived benefits outweigh potential costs. It is closely related to Routine Activities Theory, which examines lifestyle impact on crime prevalence.
Situational and Soft Determinism
- Situational Choice Theory: Emphasizes the significance of opportunity alongside motivation in committing crimes.
- Soft Determinism: Balances individual choice within situational constraints affecting behavior.
Crime Prevention Strategies
- Focus on enhancing security measures (target hardening) to deter criminal opportunities and reduce crime facilitators in environments.
Recidivism and Deterrence
- Recidivism rates are alarmingly high, often exceeding 80%, reflecting the challenges of rehabilitation.
- Specific Deterrence: Aims to prevent repeat offenses by specific offenders.
- General Deterrence: Seeks to deter the public from committing crimes based on others' punishments.
Capital Punishment and Its Debates
- Legal execution remains controversial, with opponents highlighting its failure to deter crime effectively. The concept of dangerousness relates to predicting future offending behavior based on historical patterns.
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Description
Explore the concepts of Classical and Neoclassical Thought in criminology through an engaging set of flashcards. This chapter focuses on the rational decision-making behind criminal acts and the historical context of crime definitions. Test your knowledge on these fundamental theories and their implications in the field of criminology.
