Theories of Crime - Unit 1
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Questions and Answers

What was a significant criticism of 18th century pre-modern punishment according to Beccaria?

  • It was too humane in nature.
  • It favored rehabilitation over punishment.
  • It was based on principles of psychology.
  • It was barbaric, irregular, and ad hoc. (correct)

Which of the following punishments was theoretically retained in Scotland for treason until 1748?

  • Hanging, drawing, and quartering (correct)
  • Burning at the stake
  • Life imprisonment
  • Exile

What principle did Beccaria believe punishment should be based on?

  • Public opinion and societal pressure
  • Tradition and religious beliefs
  • Deterrence without excessive severity (correct)
  • Revenge and fear

What did Beccaria advocate for regarding the criminal justice system?

<p>A well-defined system based on equal punishment (C)</p> Signup and view all the answers

What aspect of crime did Beccaria attribute to the individual?

<p>Free will and mental phenomena (C)</p> Signup and view all the answers

Which philosophy influenced Beccaria's views on crime and punishment?

<p>Utilitarian philosophy (D)</p> Signup and view all the answers

What modern development in penal codes occurred in several European countries as a result of Beccaria's influence?

<p>Mitigation of barbaric punishments (B)</p> Signup and view all the answers

The classical school of criminology is significant because it moved beyond which explanation of crime?

<p>Superstition and mysticism (C)</p> Signup and view all the answers

What was a characteristic feature of the legal system during the Pre-classical School of Criminology?

<p>Vague laws subject to personal interpretation. (B)</p> Signup and view all the answers

Which thinkers concentrated on the concept of social contract during the 17th and 18th century?

<p>Hobbes and Locke. (C)</p> Signup and view all the answers

What was a common method used to obtain confessions during the Pre-classical period?

<p>Torture. (C)</p> Signup and view all the answers

How did the legal treatment of lower class defendants differ from that of higher class individuals?

<p>They received harsher judgments and consequences. (B)</p> Signup and view all the answers

What defined the governance style during the Pre-classical School of Criminology?

<p>Divine right of kings and absolute monarchy. (C)</p> Signup and view all the answers

What role did religion play in the judicial affairs of the Pre-classical era?

<p>Primary influence, dominating the legal framework. (C)</p> Signup and view all the answers

What were oaths and ordeals used for in ancient judicial systems?

<p>Determining guilt of an offender. (B)</p> Signup and view all the answers

Which concept was unknown during the Pre-classical School of Criminology?

<p>The right to a fair trial. (B)</p> Signup and view all the answers

What was the primary belief regarding behavior that influenced the classical school of criminology?

<p>Behavior is purposive and based on hedonism. (B)</p> Signup and view all the answers

Which of the following thinkers is NOT associated with the background of the classical school of criminology?

<p>Sigmund Freud (B)</p> Signup and view all the answers

The principle that 'punishment should fit the crime' is a key contribution of which school of thought?

<p>Classical School (B)</p> Signup and view all the answers

What does the 'death penalty in some offenses only' indicate within the classical school?

<p>The severity of punishment depends on the crime committed. (D)</p> Signup and view all the answers

Which of the following statements accurately reflects Cesare Beccaria's views?

<p>Criminal law should be rational and aim for reform. (D)</p> Signup and view all the answers

What characterized the legal definition of crime according to the classical school?

<p>It should be defined rigidly and impartially. (B)</p> Signup and view all the answers

Which concept did Jeremy Bentham significantly contribute to in the realm of criminology?

<p>Utilitarianism and the pleasure-pain principle. (B)</p> Signup and view all the answers

What was one consequence of the severe punishments during the 16th and 17th centuries?

<p>It set the stage for the emergence of the classical school. (A)</p> Signup and view all the answers

What was the main assumption about children under 7 years old during the neo-classical period?

<p>They were exempted from legal responsibility due to presumed inability to understand moral concepts. (B)</p> Signup and view all the answers

In neo-classical philosophy, what is meant by 'free will tempered by exception'?

<p>Certain circumstances can exempt a person from legal responsibility. (C)</p> Signup and view all the answers

What distinguished neo-classists from previous criminologists?

<p>Their first distinction between first offenders and recidivists. (A)</p> Signup and view all the answers

What is the main criticism of Beccaria's approach to criminal justice?

<p>It prescribes equal punishments for all offenders regardless of circumstances. (D)</p> Signup and view all the answers

What criticism is generally leveled against neo-classical theory?

<p>It is believed to be based on philosophy and lacks empirical support. (C)</p> Signup and view all the answers

What role does theory play in social science inquiry?

<p>It serves as a framework to describe and predict behaviors. (D)</p> Signup and view all the answers

Who is recognized as the founder of the classical school of criminology?

<p>Cesare Beccaria (D)</p> Signup and view all the answers

What is a key feature of theories in social science research?

<p>Their usefulness is judged by their predictive capabilities. (D)</p> Signup and view all the answers

What aspect of criminal justice did Beccaria emphasize as opposed to punishment?

<p>Prevention and justice (A)</p> Signup and view all the answers

What philosophical concept did Jeremy Bentham promote?

<p>Utilitarianism (A)</p> Signup and view all the answers

How did neo-classical theorists view mental disorders in relation to criminal responsibility?

<p>They saw mental disorders as a significant factor reducing responsibility. (B)</p> Signup and view all the answers

What does the relationship between research and theory in social science represent?

<p>A symbiotic relationship fostering the development of new theories. (C)</p> Signup and view all the answers

Which of the following was a noted weakness in Beccaria’s theories according to critics?

<p>Rigidity in his punitive policies (C)</p> Signup and view all the answers

What was a philosophical tension that Beccaria faced regarding laws during the 18th century?

<p>The belief that custom should dictate legal standards in different provinces. (C)</p> Signup and view all the answers

What was the result of Beccaria's influence on modern justice initiatives?

<p>Increased burdens on courts and overcrowded prisons (D)</p> Signup and view all the answers

What critical viewpoint did Graeme Newman hold regarding Beccaria?

<p>He criticized Beccaria for his lack of practical experience in criminal justice. (A)</p> Signup and view all the answers

What is the main purpose of Jeremy Bentham's 'new world prison' design?

<p>To ensure prisoners could never know when they were being watched (A)</p> Signup and view all the answers

According to both Bentham and Beccaria, which characteristic of punishment is crucial for it to be effective?

<p>It should be swift and certain (D)</p> Signup and view all the answers

Which of the following concepts is central to the philosophy of classical theory in criminal justice?

<p>Utilitarianism (D)</p> Signup and view all the answers

What is the primary belief of the neo-classical school of criminology?

<p>Free will exists, necessitating individualized responses to offenders (A)</p> Signup and view all the answers

What do modern adherents of the classical school argue regarding punishment and crime rates?

<p>Greater prison capacity and new constructions are needed (B)</p> Signup and view all the answers

In the context of the social contract, what is the fundamental principle behind laws?

<p>To achieve the greatest happiness for the greatest number of people (B)</p> Signup and view all the answers

How did early 19th century penal codes fail in relation to children?

<p>They did not differentiate treatment for children (B)</p> Signup and view all the answers

What was the hedonistic calculus proposed by Bentham intended to illustrate?

<p>The idea that crime can be avoided if pain from punishment outweighs pleasure from crime (C)</p> Signup and view all the answers

Flashcards

Free Will in Crime

The idea that people freely choose to commit crimes based on weighing potential benefits against the punishment.

Utilitarianism

A system of social control centered around the concept that punishment should deter crime by outweighing any potential benefits.

Swift and Certain Punishment

The belief that punishment should be swift, certain, and proportionate to the crime committed.

Social Contract Theory

The belief that individuals agree to follow laws in exchange for the protection and benefits provided by society.

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Individualized Sentencing

A system that prioritizes the individual needs and characteristics of offenders when determining punishment.

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Separate Treatment for Children

The recognition that children require different treatment and punishment compared to adults due to their developmental stage.

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Punishment as Crime Prevention

An approach that emphasizes the role of punishment in crime prevention.

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Greatest Happiness Principle

The idea that laws should maximize happiness for the majority of people.

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Classical School of Criminology

A theory of criminology that emphasizes rational choice and free will in explaining criminal behavior. It suggests that individuals make calculated decisions based on the potential rewards and consequences of their actions.

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Cesare Beccaria

An Italian jurist and philosopher who is credited with being the founder of the Classical School of Criminology. His work, "On Crimes and Punishments," argued for humane and rational criminal justice reforms.

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Proportionality of Punishment

A principle that suggests punishment should be proportionate to the crime committed. This means that the severity of the punishment should match the severity of the offense.

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Deterrence Theory

The belief that punishment should be just enough to deter individuals from committing crimes, but never excessive. The goal is to prevent crime without resorting to cruel or unusual methods.

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Swift, Certain, and Severe Punishment

The principle that punishments should be swift, certain, and severe enough to deter crime. This means that the consequences of crime should be obvious and immediate, and that the potential punishment should be significant enough to outweigh the potential reward.

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Rule of Law

A system of justice based on laws and rules, rather than religious or superstitious beliefs. This emphasizes the importance of due process and fair procedures.

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Equalization of Justice

A system of justice that ensures fair and impartial treatment for all individuals, regardless of their background or status. This emphasizes the importance of equal punishment for similar offences.

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Rational Choice Theory

The belief that humans are rational beings who make choices based on their own self-interest. This suggests that crime can be prevented by addressing the factors that influence individual choices.

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16th & 17th Centuries in Europe

A period marked by severe punishments, including death penalties, stemming from deeply ingrained religious beliefs about individuals' free will and the influence of the devil.

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Let the Punishment Fit the Crime

A core principle of the Classical School of Criminology emphasizing that punishments should be proportionate to the seriousness of the crime.

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Doctrine of Free Will

The belief that individuals have the capacity to make choices and are responsible for their actions, a fundamental premise of the Classical School.

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Hedonism or the Pleasure-Pain Principle

The idea, supported by Jeremy Bentham, that individuals are motivated by the pursuit of pleasure and the avoidance of pain, shaping their actions.

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Subjective Method

A method of study in criminology that relies on subjective interpretations and assumptions rather than empirical evidence.

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Definite Sentence

A fixed period of time assigned for a punishment, contributing to predictable and fairer sentencing.

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The Law is to be Rigid, Structured, and Impartial

A philosophical approach to criminal justice that emphasizes the importance of a structured and unbiased legal framework.

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On Crimes and Punishments

Cesare Beccaria's influential book advocating for a reformed criminal justice system, focusing on proportionality of punishments and human rights.

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Pre-classical School of Criminology

The period of 17th and 18th centuries when European legal systems were marked by arbitrariness, corruption, and lack of fairness, leading to inconsistencies in justice and severe punishments.

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Arbitrary and corrupt system of law

The system of laws and punishments in Europe before the Enlightenment, characterized by vagueness, arbitrariness, lack of consistency, biased interpretations, and harsh penalties.

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Vague laws

A situation where laws are unclear or open to multiple interpretations, leading to inconsistencies in application and judgment.

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Judges' personal interpretation of the law

Judges using their own discretion in interpreting laws, potentially introducing bias and unfairness in legal proceedings.

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Unequal application of law

The lack of equality in legal treatment, often favoring the wealthy and powerful over those with less influence.

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Confessions obtained by torture

The use of torture to force confessions from suspects, violating basic human rights and due process.

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Death penalty for many offenses

The extensive use of the death penalty for a wide range of offenses, often without fair trial or consideration of mitigating factors.

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Lack of due process of law

The absence of established legal procedures and principles that guarantee fairness and equal treatment in the judicial system.

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Who is Cesare Beccaria?

Cesare Beccaria was an Italian philosopher who is considered the founding father of the Classical School of Criminology. He argued that legal systems should prioritize deterrence, proportionality, and fairness in punishment.

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What were Beccaria's criticisms of the criminal justice system?

Beccaria's critiques of the criminal justice system focused on the need for rationality, legal certainty, and proportionality in punishments. He argued against arbitrary punishments and for a system based on clear laws and fair trials.

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What were the criticisms of Beccaria's ideas?

A major criticism of Beccaria's ideas was that they were too rigid and lacked consideration for individual circumstances, particularly the state of mind of the offender. Critics argued that focusing solely on the crime without addressing the criminal's intentions could lead to unfair punishments.

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Who was Jeremy Bentham and how was he influenced by Beccaria?

Jeremy Bentham was an English philosopher who was influenced by Beccaria's work. He developed the philosophy of Utilitarianism, which emphasizes the pursuit of happiness and the avoidance of pain.

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What were Beccaria's views on crime prevention?

Beccaria's works emphasized the importance of prevention and justice in reducing crime. He believed that the threat of punishment could deter crime and that legal systems should ensure fair trials and equitable punishments.

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What is the legacy of Beccaria's work?

Beccaria's work was influential on the development of criminal justice systems throughout the world. His ideas, such as the importance of proportionality and fairness in punishment, are still relevant today.

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Neo-Classical Period

A period in criminology that emphasized individual responsibility and free will, but also recognized exceptions like mental illness or childhood for reduced culpability.

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Free Will Tempered by Exception

The idea that individuals act on their own free will when committing crimes, but certain factors can limit this choice, making them less responsible.

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Causation of Crime (Neo-Classical)

The study of how conditions or mental states can influence a person's ability to exercise control over their actions, making them less accountable for their crimes.

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First Offender

Someone who has committed a crime for the first time.

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Recidivist

Someone who repeatedly commits crimes after experiencing punishment.

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Theory in Social Sciences

A theory attempts to explain how the world works by linking different ideas together. It helps predict and research events and behaviors.

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Heuristic Value of a Theory

The ability of a theory to generate new ideas and questions for further research.

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Symbiotic Relationship (Theory & Research)

The relationship between theory and research, where each influences and helps develop the other.

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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.

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