Week 2 - Pre-Classical and Classical Theories

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Questions and Answers

What does the term 'actus reus' refer to in legal terms?

The actual engagement of the offender in a given criminal act.

What is the Classical School in criminology?

The first rational theory of crime based on expected costs and benefits of criminal behavior.

What characterized pre-classical views on crime?

Focus on supernatural causes of crime.

What was the Age of Enlightenment?

A period emphasizing individual rights and the social contract influencing government and criminal justice. Signup and view all the answers

What is the brutalization effect?

The tendency of homicides to increase after an execution. Signup and view all the answers

Define 'certainty of punishment' in the context of deterrence.

The assumption that individuals will perceive a high likelihood of being caught and punished for a crime. Signup and view all the answers

What does deterrence theory propose?

That individuals make rational decisions based on their perceptions of punishment. Signup and view all the answers

What is general deterrence?

Punishments given to individuals to prevent other potential offenders from committing crimes. Signup and view all the answers

What does 'mens rea' mean?

Guilty mind or intent behind committing a crime. Signup and view all the answers

What is the Neoclassical School?

A theory similar to the Classical School that considers aggravating and mitigating circumstances in sentencing. Signup and view all the answers

What is the severity of punishment?

The requirement that punishment must outweigh the benefits of the crime. Signup and view all the answers

Explain the social contract.

An arrangement among citizens promising to follow laws in exchange for protection from the state. Signup and view all the answers

What is specific deterrence?

Punishments aimed at preventing a particular individual from committing future crimes. Signup and view all the answers

What is swiftness of punishment?

The principle that faster punishment after a crime reduces the likelihood of future offenses. Signup and view all the answers

Define utilitarianism.

A philosophical concept focused on achieving the greatest good for the greatest number. Signup and view all the answers

What characterized crime during the Dark Ages?

A lack of formal laws, with mores and folkways dominant in feudal communities. Signup and view all the answers

Who is Cesare Beccaria?

The father of the Classical School and deterrence theory. Signup and view all the answers

What is Beccaria's stance on the death penalty?

He opposed it, believing it violates the social contract and is an ineffective deterrent. Signup and view all the answers

What is spillover theory?

The idea that individuals may mimic state actions like capital punishment in their own behavior. Signup and view all the answers

How did Beccaria impact the Western Criminal Justice System?

He influenced principles such as due process, individual rights, and public trials. Signup and view all the answers

Who is Jeremy Bentham?

A philosopher known for the hedonistic calculus and panopticon prison design. Signup and view all the answers

What theory did Thomas Hobbes propose about governance?

A rational theory suggesting individuals form governments to escape constant warfare among themselves. Signup and view all the answers

When did classical and neoclassical theories lose dominance?

In the 19th century, particularly after the publication of 'Origin of Species.' Signup and view all the answers

Study Notes

Legal Concepts

Actus Reus: Refers to the actual act of committing a crime; contrasts with mens rea (intent).
Mens Rea: Means "guilty mind"; refers to the offender's intent and awareness in committing a crime.

Classical School of Criminology

Emerged during the Age of Enlightenment in the 17th and 18th centuries.
Proposed that individuals make rational decisions based on perceived costs and benefits of committing crime.
Laid the foundation for modern criminal justice systems in Western countries.

Pre-Classical Views

Relied on supernatural explanations for crime in traditional societies.
Lack of laws contributed to higher violence; societal structure evolved with settled communities leading to improved education and reduced violence.

Age of Enlightenment

A philosophical movement emphasizing individual rights and governance.
Ideas such as the social contract influenced contemporary government and criminal systems.

Crime Dynamics and Theories

Brutalization Effect: Observation that homicide rates may increase following high-profile executions.
Certainty of Punishment: Key element of deterrence; implies offenders believe they will be caught and punished.
Deterrence Theory: Focuses on rationality of individuals and their decision-making regarding behavior based on punishment's certainty, severity, and swiftness.

Types of Deterrence

General Deterrence: Aims to prevent crime by punishing offenders to dissuade others.
Specific Deterrence: Targets the individual offender to prevent future crimes.

Punishment Principles

Severity of Punishment: Must be severe enough to outweigh potential crime benefits without being excessively harsh.
Swiftness of Punishment: Timely consequences improve deterrent effects.

Philosophical Foundations

Utilitarianism: Concept of achieving the greatest good for the greatest number, influencing social policies.

Historical Perspectives

Crime in the Dark Ages: Predominantly governed by mores and folkways, lacking formal laws; associated with spiritual interpretations such as demonology.
Cesare Beccaria: Father of the classical school; advocated for systematic reforms in justice, emphasizing actus reus over mens rea, and rejected torture and secret accusations.

Beccaria's Contributions

Strong opponent of capital punishment, viewing it as a violation of the social contract and ineffective as a deterrent.
Advocated for public justice systems equipped with clear laws, trial by jury, and transparency.

Influence of Beccaria

Shaped aspects of contemporary criminal justice, emphasizing deterrence, due process, and individual rights.
Foundations laid in documents like the US Bill of Rights and Canadian Charter.

Key Theorists

Jeremy Bentham: Introduced hedonistic calculus; designed the panopticon prison, promoting rationality in crime.
Thomas Hobbes: Proposed that humans enter into social contracts to escape the chaos of a constant state of warfare, advocating for structured governance.

Transition of Theories

Classical and neoclassical theories declined in dominance by the 19th century due to evolutionary insights from Darwin’s work.
These frameworks still underpin modern Western criminal justice, despite the recognition of broader behavioral influences beyond mere rational choice.

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Description

This quiz focuses on key terms related to Pre-Classical and Classical theories in legal studies. It includes essential concepts such as 'actus reus' and the principles of the Classical School. Understanding these terms is crucial for comprehending legal frameworks.