Lombroso and Restorative Justice Overview

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.

Impact of Social Change on Crime

• 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.

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.