Podcast
Questions and Answers
What was the outcome of the first acquittal on the basis of insanity in 1505?
What was the outcome of the first acquittal on the basis of insanity in 1505?
What is the primary concern when determining the competency of a defendant?
What is the primary concern when determining the competency of a defendant?
What is the main benefit of having a theory of crime?
What is the main benefit of having a theory of crime?
According to the content, what level of explanation for crime ranges from biological/genetic to social and economic?
According to the content, what level of explanation for crime ranges from biological/genetic to social and economic?
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What is the significance of recognizing biological factors in understanding criminal behavior?
What is the significance of recognizing biological factors in understanding criminal behavior?
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What is the major contribution of Cesare Lombroso to the field of criminology?
What is the major contribution of Cesare Lombroso to the field of criminology?
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What is the term used to describe the idea that criminals are 'born' not 'made'?
What is the term used to describe the idea that criminals are 'born' not 'made'?
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What is the characteristic of the 'born criminal' according to Lombroso's theory?
What is the characteristic of the 'born criminal' according to Lombroso's theory?
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What is the term used to describe the physical characteristics identified by Lombroso as common among criminals?
What is the term used to describe the physical characteristics identified by Lombroso as common among criminals?
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What is the intellectual influence that shaped Lombroso's theory of criminology?
What is the intellectual influence that shaped Lombroso's theory of criminology?
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Study Notes
Insanity and Competency
- 1505: First acquittal on the basis of insanity, but criteria not developed until the 18th century.
- Insanity was considered equivalent to a wild beast, incapable of committing a crime.
- In the 19th century, the M'Naughten rule introduced the insanity defense, questioning competency.
- Competency refers to the mental state of the defendant at the time of trial.
- A defendant must be able to understand the nature and purpose of the criminal proceedings.
- Factors affecting competency include low intelligence, young age, being under the influence of drugs, and more.
Theories of Crime
- Multiple theories explain why people commit crimes, with a focus on psychological, biological, social, and economic perspectives.
- Theories can be categorized into four broad levels: societal, community, group, and individual.
- Most psychological theories fall under the individual and group level categories.
- Theories of the causes of crime attempt to explain the relationship between risk factors and criminal behavior.
- There is no consensus on the relative merit of theories, and causal mechanisms may vary for different individuals and circumstances.
Importance of Theories
- Theoretical approaches influence the management and rehabilitation of offenders during their sentence and supervision.
- Consistent and fair decisions require understanding of why individuals engage in criminal behavior.
- Theories guide the approach to managing and rehabilitating offenders.
Biological Factors
- Certain biological factors may affect a person's biological propensity for criminal and/or antisocial behavior.
- These factors include genes, neurological deficits, low serotonin activity, and malnutrition.
Lombroso's Theory
- Cesare Lombroso (1835-1909) developed theories about criminals, introducing scientific methods to criminology.
- Lombroso's anthropometric measurements were correct, but the causal connection between physical traits and criminality was flawed.
- Lombroso's theory of the "born criminal" suggested that criminals descend from degenerate families with frequent cases of insanity, deafness, syphilis, epilepsy, and alcoholism.
- The theory was influenced by social Darwinism and the concept of biological determinism and atavistic stigmata.
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Description
This quiz covers the history and development of the insanity defense in law, including the M'Naughten rule and the question of competency in criminal proceedings. It explores how to determine if someone is competent to stand trial.
