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What was a significant criticism of 18th century pre-modern punishment according to Beccaria?
What was a significant criticism of 18th century pre-modern punishment according to Beccaria?
Which of the following punishments was theoretically retained in Scotland for treason until 1748?
Which of the following punishments was theoretically retained in Scotland for treason until 1748?
What principle did Beccaria believe punishment should be based on?
What principle did Beccaria believe punishment should be based on?
What did Beccaria advocate for regarding the criminal justice system?
What did Beccaria advocate for regarding the criminal justice system?
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What aspect of crime did Beccaria attribute to the individual?
What aspect of crime did Beccaria attribute to the individual?
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Which philosophy influenced Beccaria's views on crime and punishment?
Which philosophy influenced Beccaria's views on crime and punishment?
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What modern development in penal codes occurred in several European countries as a result of Beccaria's influence?
What modern development in penal codes occurred in several European countries as a result of Beccaria's influence?
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The classical school of criminology is significant because it moved beyond which explanation of crime?
The classical school of criminology is significant because it moved beyond which explanation of crime?
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What was a characteristic feature of the legal system during the Pre-classical School of Criminology?
What was a characteristic feature of the legal system during the Pre-classical School of Criminology?
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Which thinkers concentrated on the concept of social contract during the 17th and 18th century?
Which thinkers concentrated on the concept of social contract during the 17th and 18th century?
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What was a common method used to obtain confessions during the Pre-classical period?
What was a common method used to obtain confessions during the Pre-classical period?
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How did the legal treatment of lower class defendants differ from that of higher class individuals?
How did the legal treatment of lower class defendants differ from that of higher class individuals?
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What defined the governance style during the Pre-classical School of Criminology?
What defined the governance style during the Pre-classical School of Criminology?
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What role did religion play in the judicial affairs of the Pre-classical era?
What role did religion play in the judicial affairs of the Pre-classical era?
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What were oaths and ordeals used for in ancient judicial systems?
What were oaths and ordeals used for in ancient judicial systems?
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Which concept was unknown during the Pre-classical School of Criminology?
Which concept was unknown during the Pre-classical School of Criminology?
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What was the primary belief regarding behavior that influenced the classical school of criminology?
What was the primary belief regarding behavior that influenced the classical school of criminology?
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Which of the following thinkers is NOT associated with the background of the classical school of criminology?
Which of the following thinkers is NOT associated with the background of the classical school of criminology?
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The principle that 'punishment should fit the crime' is a key contribution of which school of thought?
The principle that 'punishment should fit the crime' is a key contribution of which school of thought?
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What does the 'death penalty in some offenses only' indicate within the classical school?
What does the 'death penalty in some offenses only' indicate within the classical school?
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Which of the following statements accurately reflects Cesare Beccaria's views?
Which of the following statements accurately reflects Cesare Beccaria's views?
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What characterized the legal definition of crime according to the classical school?
What characterized the legal definition of crime according to the classical school?
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Which concept did Jeremy Bentham significantly contribute to in the realm of criminology?
Which concept did Jeremy Bentham significantly contribute to in the realm of criminology?
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What was one consequence of the severe punishments during the 16th and 17th centuries?
What was one consequence of the severe punishments during the 16th and 17th centuries?
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What was the main assumption about children under 7 years old during the neo-classical period?
What was the main assumption about children under 7 years old during the neo-classical period?
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In neo-classical philosophy, what is meant by 'free will tempered by exception'?
In neo-classical philosophy, what is meant by 'free will tempered by exception'?
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What distinguished neo-classists from previous criminologists?
What distinguished neo-classists from previous criminologists?
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What is the main criticism of Beccaria's approach to criminal justice?
What is the main criticism of Beccaria's approach to criminal justice?
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What criticism is generally leveled against neo-classical theory?
What criticism is generally leveled against neo-classical theory?
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What role does theory play in social science inquiry?
What role does theory play in social science inquiry?
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Who is recognized as the founder of the classical school of criminology?
Who is recognized as the founder of the classical school of criminology?
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What is a key feature of theories in social science research?
What is a key feature of theories in social science research?
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What aspect of criminal justice did Beccaria emphasize as opposed to punishment?
What aspect of criminal justice did Beccaria emphasize as opposed to punishment?
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What philosophical concept did Jeremy Bentham promote?
What philosophical concept did Jeremy Bentham promote?
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How did neo-classical theorists view mental disorders in relation to criminal responsibility?
How did neo-classical theorists view mental disorders in relation to criminal responsibility?
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What does the relationship between research and theory in social science represent?
What does the relationship between research and theory in social science represent?
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Which of the following was a noted weakness in Beccaria’s theories according to critics?
Which of the following was a noted weakness in Beccaria’s theories according to critics?
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What was a philosophical tension that Beccaria faced regarding laws during the 18th century?
What was a philosophical tension that Beccaria faced regarding laws during the 18th century?
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What was the result of Beccaria's influence on modern justice initiatives?
What was the result of Beccaria's influence on modern justice initiatives?
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What critical viewpoint did Graeme Newman hold regarding Beccaria?
What critical viewpoint did Graeme Newman hold regarding Beccaria?
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What is the main purpose of Jeremy Bentham's 'new world prison' design?
What is the main purpose of Jeremy Bentham's 'new world prison' design?
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According to both Bentham and Beccaria, which characteristic of punishment is crucial for it to be effective?
According to both Bentham and Beccaria, which characteristic of punishment is crucial for it to be effective?
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Which of the following concepts is central to the philosophy of classical theory in criminal justice?
Which of the following concepts is central to the philosophy of classical theory in criminal justice?
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What is the primary belief of the neo-classical school of criminology?
What is the primary belief of the neo-classical school of criminology?
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What do modern adherents of the classical school argue regarding punishment and crime rates?
What do modern adherents of the classical school argue regarding punishment and crime rates?
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In the context of the social contract, what is the fundamental principle behind laws?
In the context of the social contract, what is the fundamental principle behind laws?
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How did early 19th century penal codes fail in relation to children?
How did early 19th century penal codes fail in relation to children?
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What was the hedonistic calculus proposed by Bentham intended to illustrate?
What was the hedonistic calculus proposed by Bentham intended to illustrate?
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Study Notes
Theories of Crime - Unit 1
- Students should elaborate answers by referring to multiple books; the text is for clarity, not copying.
Pre-Classical School of Criminology
- Origins trace back to Enlightenment philosophers (particularly in France and Italy), reflecting on the historical backdrop of European criminal law and punishment during the 17th and 18th centuries.
- Analysis of classical, neo-classical, and positivist schools require understanding pre-existing social conditions
- Classical writers fought against arbitrary, corrupt, and inconsistent legal systems in which judges held absolute power.
- Laws were often vague, allowing for personal interpretations that disproportionately harmed lower class defendants.
- Trials were frequently farcical due to vague crime definitions and secret accusations.
- Laws were often applied unequally, with corruption rampant, torture used to obtain confessions, and the death penalty common for various offenses.
- Due process and equality before the law were absent concepts.
- Scientific knowledge relating to crime remained undeveloped.
- Philosophers like Hobbes and Locke focused on the social contract as a basis for social evolution.
- The concept of divine right and monarchical supremacy held significant weight.
- Divine intervention and ordeals were prevalent, influenced by the concept of a supernatural power.
- Religious authorities significantly influenced state activities.
- No attempt was made to explore the root causes of crime.
Conditions in France
- Sentencing decisions were secret and judges held virtually unlimited power.
- Defendants had minimal or no right to defense.
- Punishment methods were often severe, varying across different regions (torture, and execution).
Conditions in England
- Access to positions of power within the legal system was largely restricted to the elite.
- Legal systems and courts were often corrupt and inconsistent.
- Removal of judges was possible at the whim of the monarchy.
- Jury trials, even if available, were often manipulated.
- Treason was loosely defined, often used to suppress dissent and dissenters' rights.
- Defendants in treason cases faced unfair trials and often extreme punishments.
- Laws and punishments were severe in the 16th and 17th centuries, with severe corporal punishments and torture for even minor offenses.
- Large numbers of women were convicted as witches and executed.
- Punishments were designed for deterrence and not investigation or apprehension.
- Capital punishment was common for a wide range of offenses.
Classical School of Criminology
- Emerged in the mid-18th century.
- Key figures: Cesare Beccaria, Jeremy Bentham
- Emphasized rationality, free will, and deterrence.
- Argued for equal application of laws to all and the concept of fitting punishments proportionate to the offense.
Neo-Classical School of Criminology
- Developed in the 19th century.
- Incorporated factors like intent, mental state and circumstances in the application of legal punishment.
- Introduced modifications to the approach in consideration of mitigating circumstances, such as age and mental capacity, when applying punishment.
- Beginning to understand that the criminal act may be influenced by other factors.
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Description
This quiz explores the Pre-Classical School of Criminology, focusing on the Enlightenment's influence on European criminal law and punishment. Students will delve into the critiques of arbitrary legal systems and the historical context that shaped classical and positivist schools of thought. Elaborate responses should reference multiple scholarly sources for a comprehensive understanding.
