Slide 3- Flashcards

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Flashcards

what was the demonic era characterized by?

ideas around crime and sin were very closely related. a social order dominated by religious notions.

what is a social contract and by who

Hobbes; people will come together and give up some of their freedom in exchange for protection from the sovreign.

What were Hobbes view on human behaviour

inherently egoistic and self-interested- the root of all social conflict.

what was Lockes view on human nature?

less pessimistic- but also argued for a social contract where freedom would be sacrificed for the protection of rights. he thought people were blank slates, and the state must take action for the good of everyone.

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the enlightment era

from the late 1600s onward along with the scientific revolution: a shift in ways of thiknig towards reason and scientific methods.

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What is rationalism

the idea that people were self-determining entities, where free will and rational thought were building blocks of human activity and social organization.

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who are the two main figures credited with forming the classical school of criminology

Cesare Baccaria Jeremy Bentham

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What did cesare Beccaria believe and encourage about the justice system?

the justice system overeaches and must be limited to only necessary implications.

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Expanding on Beccaria, what were his main ideas around punishment and crime?

1- punishment should be formulated around deterrance 2-punishment should be swift and certain 3-punishment should fit the crime

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expand on the ideology behind the trials by combat and other water punishments

if you are innocent, then God will be on your side.God is going to decide: a divine judgement and interference that is going to reveal if this person is guilty or not. You are ultimately standing in the eyes of God who will determine the outcome

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What did the classical school teach us?

1- inflexible laws can lead to injsutices 2- Equal treatment is all and well when everyone is equal, but thats not the case.

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LIMITATIONS OF THE CLASSICAL SCHOOL:

Punishment is rarely swift and certain And we are not always rational individuals making choices like that.

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what is the difference between general and specific deterrance

general= seeks to prevent crime in broader society by showcasing and making an example of those who are punished. Specific: focus on the offender to not recommit more crimes; after they are punished, they wont commit a crime again

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what is the importance of reason in the criminal context

it allows for more flexibility and context to and application to laws.

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what did the neoclassical theory seek?

more flexibility in the justice system: individualizing sentences to take into account details such as age, motive, circumstances, etc.

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when did the positivist school of thought emerge?

19th century

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What did positivists believe

a scientific approach that believed human behaviour was determined by forces beyond the control of individuals.

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who were the positivists theory influenced by

darwin and the theory of evolution

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why did the positivists criticize the classical school?

for being unscientific and based on unsystematic observations

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who was the person behind positivism

Lombroso

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What exactly did lombroso believe

that the causes of criminal behaviour are rooted in biological makeup, and those who display visible primitive characteristics are predisposed to crime.

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How did positivists view puinshment

they said punishment should fit the criminal rather than the crime (classical) so he called for different treatments for different kinds of criminals

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what are some criticisms of lombrosos research

statistic techniques were inadequate state of atavism does not exist physical attritube may have been due to the incarceration (hygiene etc).

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What do psychological theories of crime focus on?

the individual.

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What are the three types of psychological theories?

psychoaalytic theory Social learning theory pyschopathy

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expand on social learnign theory

aggressive behavior is learned through what we imitate and see.

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What are some criticisms of social learning theory

complex research around viewing aggressive behaviour and actually reinacting it. medias effect on violent behaviour has been overexaggerated.

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