Classical School Chapter 4 PDF
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University of Tampa
Frank J. Schmalleger
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Summary
This chapter provides an overview of Classical and Neoclassical Criminology, focusing on concepts such as free will, rational choice, and deterrence. It also covers the works of important figures in criminology like Cesare Beccaria and Jeremy Bentham.
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Classical and Neoclassical Criminology The Enlightenment n Important social/intellectual movement in Europe in the 18th century n Emphasis on free will and rational thought as basis of human behavior n Moved away from superstition and “sin” Crimin...
Classical and Neoclassical Criminology The Enlightenment n Important social/intellectual movement in Europe in the 18th century n Emphasis on free will and rational thought as basis of human behavior n Moved away from superstition and “sin” Criminology: A Brief Introduction © 2011 Pearson Higher Education, Frank J. Schmalleger Upper Saddle River, NJ 07458. All Rights Reserved. 2 Key Components of Classical Criminology 1. Humans are fundamentally rational; most human behavior results from free will and rational choice 1. Human Agency: Criminals assume, crime pays, no hope, no guilt, severed bond to society, accept criminal identity 2. Pain and pleasure are the two central determinants of human behavior 3. Punishment deters law violators and to serve as an example to others 4. The principles of right and wrong are inherent in our nature and cannot be denied Criminology: A Brief Introduction © 2011 Pearson Higher Education, Frank J. Schmalleger Upper Saddle River, NJ 07458. All Rights Reserved. 3 Key Components of Classical Criminology 5. Society provides benefits to individuals that they would not receive in isolation 6. Society requires individuals to forfeit some benefits 7. Certain key rights are necessary to enjoy life; governments should not restrict the exercise of those rights 8. Crime lessens the quality of the bond that exists between individuals and society (particularly Visible Crime) Criminology: A Brief Introduction © 2011 Pearson Higher Education, Frank J. Schmalleger Upper Saddle River, NJ 07458. All Rights Reserved. 4 Cesare Beccaria n Essay on Crimes and Punishments (1764) n Philosophy of punishment n Punishment based on degree of injury caused n “Punishment must fit the crime.” n Purpose – deterrence, prevention, not retribution n Swift, certain n Severe enough to just outweigh benefits from crime Criminology: A Brief Introduction © 2011 Pearson Higher Education, Frank J. Schmalleger Upper Saddle River, NJ 07458. All Rights Reserved. 5 Jeremy Bentham n An Introduction to the Principles of Moral Legislation (1789) n Hedonistic calculus/utilitarianism n People are rational, weigh consequences of behavior n Maximize pleasure, minimize pain n Punishment must be swift and certain Criminology: A Brief Introduction © 2011 Pearson Higher Education, Frank J. Schmalleger Upper Saddle River, NJ 07458. All Rights Reserved. 6 Offense-Specific/Offender-Specific Offense Offender n Is it worth it? n Do I have the skills and n Would you burglarize a crack ability? house? n Do I need to commit or am n Risks? I desperate for $? n Can I get away? n Can I commit other crimes n Who will buy stolen goods? instead? n Anybody home/watching? n All he ever wanted to be was a cat burglar. Criminology: A Brief Introduction © 2011 Pearson Higher Education, Frank J. Schmalleger Upper Saddle River, NJ 07458. All Rights Reserved. 7 Structuring Criminality and Crime Criminality Crime n Peers and Guardians n Place and Time: anybody n Supervision home? n “Sneaky Thrills” n Choosing target n Econ. Need/opportunity n https://abcnews.go.com/2020/ video/confessions-burglar- n Competence and Experience 19106837 n The get away! n Crime is local. Criminology: A Brief Introduction © 2011 Pearson Higher Education, Frank J. Schmalleger Upper Saddle River, NJ 07458. All Rights Reserved. 8 Situational Choice Theory n Crime as a function of choices and decisions made within a context of situational constraints and opportunities n Crime requires both motivation and opportunity n Reduce crime by changing the environment n Increase cost or decrease reward Criminology: A Brief Introduction © 2011 Pearson Higher Education, Frank J. Schmalleger Upper Saddle River, NJ 07458. All Rights Reserved. 9 Situational Crime Prevention n Increase effort involved in crime (target hardening) n Lock your door n Increase risks associated with crime (Say hello to my little friend!) n Reduce rewards of crime (faceplate of car radio) Criminology: A Brief Introduction © 2011 Pearson Higher Education, Frank J. Schmalleger Upper Saddle River, NJ 07458. All Rights Reserved. 10 Situational Crime Prevention n Reduce provocations leading to crime (occupancy limit) n Remove excuses: (No more “He’s just a kid!”) Lionel Tate life at 13 Criminology: A Brief Introduction © 2011 Pearson Higher Education, Frank J. Schmalleger Upper Saddle River, NJ 07458. All Rights Reserved. 11 Is crime rational? n Short answer: Yes! n “Johns” share notes n Who doesn’t like a good buzz early in the morning? n Getting high helps me relax n Meet me on Grindr Criminology: A Brief Introduction © 2011 Pearson Higher Education, Frank J. Schmalleger Upper Saddle River, NJ 07458. All Rights Reserved. 12 Neoclassical Criminology n Positivism AND Classical ideas. Fig 2-1 – Classical Criminology vs Positivism Criminology: A Brief Introduction © 2011 Pearson Higher Education, Frank J. Schmalleger Upper Saddle River, NJ 07458. All Rights Reserved. 13 Punishment and Neoclassical Thought n Classical School emphasizes deterrence as purpose of punishment n Neoclassical view adds retribution n Individuals choosing to violate the law deserve to be punished n Criminals must be punished to curtail future crime n Nothing wrong with a little payback Criminology: A Brief Introduction © 2011 Pearson Higher Education, Frank J. Schmalleger Upper Saddle River, NJ 07458. All Rights Reserved. 14 Just Deserts n Just deserts model of sentencing n Criminal offenders deserve the punishment they receive at the hands of the law (society) n Punishments should be appropriate to the type and severity of crime committed n Just enough to make you stop. Criminology: A Brief Introduction © 2011 Pearson Higher Education, Frank J. Schmalleger Upper Saddle River, NJ 07458. All Rights Reserved. 15 Deterrence n Specific deterrence – seeks to prevent a particular offender from repeating criminality n General deterrence – seeks to prevent others from committing similar crimes (i.e., make an example of). Criminology: A Brief Introduction © 2011 Pearson Higher Education, Frank J. Schmalleger Upper Saddle River, NJ 07458. All Rights Reserved. 16 Policy Implications n Determinate sentencing (legislative) Mandates a specific and fixed amount of time to be served for each offense category (Off level & Criminal History) n Truth in sentencing (85% v. 33%) Requires judges to assess and make public the actual time an offender is likely to serve n Incapacitation (Lock ‘em up) The use of imprisonment to reduce likelihood that an offender will be able to commit future crimes current prisoners: 2,220,300 Criminology: A Brief Introduction © 2011 Pearson Higher Education, Frank J. Schmalleger Upper Saddle River, NJ 07458. All Rights Reserved. 17