Lombroso and Restorative Justice Overview

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Questions and Answers

What is the primary argument presented by Cesare Lombroso in his work?

Criminals are simply products of their environment.

Criminal behavior has physiological and psychological abnormalities. (correct)

All criminals can be rehabilitated with proper punishment.

Criminal behavior is influenced by social factors.

What did Lombroso primarily study to understand criminal characteristics?

Skulls of various criminals. (correct)

Criminals' backgrounds and histories.

The legal system's treatment of crime.

Psychological profiles of criminals.

Which condition did Lombroso find most associated with criminal skulls?

Irregular cranial sutures. (correct)

No notable abnormalities.

Near-normal cranial structure.

Enlarged craniums.

How did Lombroso classify criminals in relation to healthy and insane individuals?

As a distinct group with unique features. Signup and view all the answers

What physical trait did Lombroso associate with criminals?

Protruding jaws. Signup and view all the answers

What did Lombroso suggest about the relationship between criminals and atavism?

Atavistic traits link criminals to primitive humans. Signup and view all the answers

What is one of the high recidivism rates mentioned in Lombroso's context of criminality?

As high as 80% Signup and view all the answers

Which finding did Lombroso connect to the idea of 'inferior' racial groups?

Shared features with prehistoric humans. Signup and view all the answers

What is the primary focus of restorative justice?

Repairing the harm caused by crime Signup and view all the answers

Which principle is NOT associated with restorative justice?

Detaining offenders for long periods Signup and view all the answers

What does restitution in restorative justice refer to?

Making amends for harm caused Signup and view all the answers

How does reintegrative shaming differ from traditional shaming?

It emphasizes reintegration into the community Signup and view all the answers

What is a restorative circle?

A discussion involving victims, offenders, and community members Signup and view all the answers

What role does community involvement play in restorative justice?

It engages the community in the justice process Signup and view all the answers

Which is a characteristic of restorative conferencing?

Discussion on harm and resolution with all parties Signup and view all the answers

What is the primary goal of reintegrative shaming?

To provide the offender with support for reintegration Signup and view all the answers

What three elements are necessary for the occurrence of crime?

Motivated offenders, suitable targets, absence of capable guardians Signup and view all the answers

Which factor has been identified as increasing opportunities for crime?

Technological advances that make goods accessible Signup and view all the answers

Which concept examines the influence of everyday activities on crime opportunities?

Routine activity approach Signup and view all the answers

What type of solidarity is characterized by strong collective consciousness and punishment for deviations from societal norms?

Mechanical Solidarity Signup and view all the answers

In societies exhibiting organic solidarity, what type of laws are primarily utilized?

Restitutive Laws Signup and view all the answers

What impact did social change have on crime according to the key hypothesis?

Dispersion of daily activities creates more crime opportunities Signup and view all the answers

What is a key feature of mechanical solidarity?

Uniform behaviors among members Signup and view all the answers

Which condition is NOT essential for predatory crime to occur?

Public awareness campaigns Signup and view all the answers

How does Durkheim view the evolution of law in society?

Legal evolution reflects shifts from mechanical to organic solidarity. Signup and view all the answers

What does 'social disorganization' refer to in the context of crime?

Weakened community ties leading to increased crime Signup and view all the answers

What phenomenon was observed regarding crime rates between 1960 and 1975?

Crime rates increased despite improved social conditions Signup and view all the answers

In a society with anomie, what state do individuals experience?

Normlessness due to rapid change Signup and view all the answers

Which statement best describes the collective consciousness in societies with organic solidarity?

It is weak, allowing for varied beliefs among individuals. Signup and view all the answers

Which factor heavily influences the visibility and accessibility of suitable targets for crime?

Time of day and routine activities Signup and view all the answers

What serves as a visible indicator of social solidarity according to Durkheim?

The legal system Signup and view all the answers

What is the primary consequence of mechanical solidarity in a society?

Punishment of collective norm violations Signup and view all the answers

What does Durkheim consider to be the primary function of punishment in society?

To reinforce social solidarity and express shared values. Signup and view all the answers

In societies characterized by mechanical solidarity, punishment is typically described as?

Harsh and public. Signup and view all the answers

Which type of punishment is associated with organic solidarity?

Restitutive punishment. Signup and view all the answers

What change in social structure does Durkheim associate with organic solidarity?

Rise of individualism and specialization. Signup and view all the answers

Durkheim argues that crimes in society provoke which of the following reactions?

Moral outrage and a desire for vengeance. Signup and view all the answers

What role does punishment serve as a social ritual according to Durkheim?

It reaffirms societal values and strengthens solidarity. Signup and view all the answers

In traditional societies with mechanical solidarity, what typically dominates individual identities?

Shared morals and communal beliefs. Signup and view all the answers

What characteristic of punishment in modern societies reflects the rationalization of legal systems?

Less emotional and more procedural methods. Signup and view all the answers

What is the primary function of public participation in punishment rituals?

To reinforce the moral order within society Signup and view all the answers

How does Durkheim characterize modern punishment compared to traditional societies?

Rationalized and procedural in nature Signup and view all the answers

What does the concept of anomie refer to in the context of punishment?

Rapid social changes leading to normlessness Signup and view all the answers

What role does the state play in the context of punishment?

It embodies societal values and promotes moral sentiments Signup and view all the answers

Which statement best describes the evolution of punishment practices?

There has been a transition from severe corporal punishment to imprisonment Signup and view all the answers

In what way does punishment serve as moral education?

By reinforcing acceptable behavior and societal values Signup and view all the answers

What critique does Durkheim face regarding his views on punishment?

He overlooks economic and political dimensions Signup and view all the answers

What tension is highlighted within modern democratic societies regarding punishment?

Balancing individual freedoms with collective needs Signup and view all the answers

Study Notes

Week 2 - Classical School (September 17th): Cesare Beccaria on Crimes and Punishments

Beccaria believed laws should be based on logic and human nature, not individual desires.
He praised the Enlightenment for promoting knowledge and better relationships between rulers and citizens, as well as boosting trade through shared ideas.
He worried that punishments in Europe were too cruel and ineffective for crime prevention.
Punishment is necessary for society but should be based on reason, human nature, not personal desires.
Punishment originates from a social contract where people give up some freedom for safety.
Deterrence is the key purpose of punishment. Preventing future crime, not just punishing as retribution, is important.
Punishments need to be proportional to the severity of the crime.
Harsh or excessive punishments are ineffective.
Punishment should be swift.
Comparisons to natural laws show that society should have limits to maintain order, personal freedoms, and public good.

Principles of Punishment

Legislators as sole authority: Laws should be created by those representing the people (legislators).
Proportionality: Punishments should be proportionate to the crime.
No judicial overreach: Judges should follow the law, not their own opinions.
Severity v. utility: Harsh punishments that don't prevent crime are ineffective. Punishment should only be as severe as needed to deter crime and be beneficial to society, while avoiding cruelty.
Judges and interpretation of laws: Judges should only enforce laws, not interpret them. Improper judicial interpretation undermines the legal system.

Promptness of Punishment

A swift response between a crime and the consequence strengthens the connection, impacting future actions.
Delaying punishment reduces its impact on deterrence.
Minimal detention is necessary, except for compelling circumstances.
Certainty over severity is more effective: Consistent and moderate punishments deter crime more than harsh and rare punishments.
Excessive clemency(mercy) undermines justice systems and public trust.
Punishments need to be proportionate to the crime's harm to society.
Imbalance between crimes and punishments leads to a loss of trust in the justice system; clear distinctions are important.

How to Prevent Crime

Clear and accessible laws are necessary for understanding and compliance.
Equality before the law must be prioritised.
Education fosters rationality and good decision-making.
Virtue and good behavior should be rewarded
Effective societal structures are crucial for good civic behavior.
Magistrates should follow the laws, rather than overrule and corrupt them.

Philosophical Context and Comparisons

Beccaria agrees with Enlightenment ideals of rationality, fairness, and human dignity.
He builds on the work of Montesquieu but focuses on the practicalities of criminal justice reform.
He critiques the abuse of unchecked judicial power, advocating for checks and balances.
Fear should be focused on the law, not individuals.

The Importance of Education

Education prioritizes teaching useful skills & moral values.
Real-life, practical knowledge is vital to developing positive character.
Knowledge allows rational thought & discourages crime.
Education fosters respect for laws and promotes a civic-minded society.

Week 3 - Rational Choice and Routine Activity Theories (Sept. 24th)

Objective: Analyze why crime exists in particular times or locations, rather than focusing on individual characteristics.
Core Argument: Crime requires motivated offenders, suitable targets, and a lack of capable guardians.
Routined activities influence opportunities for crime.
Focus: Explores daily activities (and related social structures) that impact crime opportunities.
Key Concepts: Routine activities, human ecological theory, and predatory crime.
Predatory crime: a direct-contact illegal act with a victim, typically using aggression to cause harm (e.g. assault, theft). The offender attempts to take or damage something from another.
Three conditions for predatory crime: Motivated offenders, suitable targets, or lack of capable guardians.

Increased opportunities result from shifts in routine activities, such as women entering the workforce, increased schooling, or greater use of technology.
The dispersion of daily activities often increases crime rates, especially those relating property.
Technological advancements increase the accessibility and desirability of goods, potentially boosting theft rates.
Diminishing community ties, particularly in larger communities, correlate with increased crime.
Increased victimization rates are observed outside of homes (e.g., non-residential settings)

How to Prevent Crimes

Prevention over punishment: Emphasis on preventing crimes rather than reacting to.
Clear laws for understanding and compliance.
Promotion of equality and just laws.
Education: Fostering rationality and desirable choices.
Celebrating and rewarding virtuous behavior to promote cohesion and solidarity in society.

Week 7 - Anomie and Strain (Oct. 22nd)

Merton's theory examines how societal structures contribute to deviance and anomie (a state of normlessness).
Cultural goals (e.g., success, wealth), combined with a limited access to institutionalized means (e.g., education, job opportunities) create strain for those unable to achieve success through legitimate means .
Modes of individual adaptation: Conformity (accepting goals and means), innovation (accepting goals, rejecting means—often linked to crime), ritualism (rejecting goals, accepting means), retreatism (rejecting goals and means), and rebellion (rejecting goals and means, advocating for new ones).

Week 9 - Chicago School of Criminology (Nov. 5th)

Shaw and McKay's social disorganization theory examines the relationship between social disorganization in urban areas and juvenile delinquency.
Communities with high rates of poverty, residential mobility and cultural heterogeneity are more vulnerable to high crime rates.
Crime rates remain concentrated in certain areas over time regardless of changes in neighborhoods' population.
Delinquency is tied to community dynamics, poor social institutions, and criminal traditions passed through peer groups.
Lack of community, weakened social institutions & role of peer groups are significant determinants of delinquency, as well as cultural conflicts or competition in values and socioeconomic inequality.

Week 11-12 - Learning Theory/Labeling Theory (Nov. 19th - 26th)

Labeling Theory: Focuses on how society's reactions to individuals establish their perceptions of deviance & morality.
Social construct of rules: Rules are created by those in power to reflect their interests, and marginalized groups often experience uneven enforcement of rules.
Conflict in creating rules: Those in power have more ability to enforce and alter rules/ laws as they see fit.
Labeling behavior/ individuals affects their self-image. "Self-fulfilling prophecy" is crucial.
Labeling as "deviant" often leads to further criminal behavior.
Moral entrepreneurs (those who influence and enforce), powerful groups or individuals advocating for changes in rules and policies, often using media to highlight certain issues.
Moral panics: exaggerated reactions by societal groups to threats to prevailing values or norms. Media often plays a crucial role in amplifying these panics, through the presentation of crime or deviance as a threat or crisis.
"Folk devils": The people or groups stigmatized as threats and scapegoats.
Power and rule creation/resistance: Marginalized groups experience uneven enforcement of rules, often stemming from inequality and biases in power dynamics.

Week 10 - Control Theory (Nov. 12th)

Hirschi's Social Bond Theory: Focuses on why individuals conform to societal norms rather than deviating.
Key elements of social bonds: Attachment (emotional connection to others), Commitment (investment in conventional activities. including educational and career goals), Involvement (engagement in conventional social activities), and Belief (acceptance of societal values and rules).
Weak social bonds (lack of these components) increase likelihood of deviance.

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Description

Explore the key arguments and findings from Cesare Lombroso's work on criminal characteristics, as well as the principles of restorative justice. This quiz covers criminal anatomy, classification, and the community's role in healing. Test your knowledge on both Lombroso's theories and restorative practices.