schmall crim today8e_ppt_ch3
TRANSCRIPT
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Criminology TodayAn Integrated Introduction
CHAPTER
Criminology Today: An Integrated Introduction, 8eFrank Schmalleger
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Classical and Neoclassical Thought
3
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Introduction
• Majority of crimes are likely to be planned, at least to some degree.
• This chapter looks at perspectives based on the believe that at least some crime is the result of rational choices by offenders.
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Figure 3-1 Key Principles of Classical and Neoclassical CriminologySource: Schmalleger, Frank, Criminology. Printed and Electronically reproduced by permission of Pearson Education, Inc., Upper Saddle River, New Jersey.
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Forerunners of Classical Thought
• All human societies had notions of right and wrong.
• William Graham Sumner Behavior is governed by:• Mores• Proscriptions covering potentially serious
violations of a group's values • Folkways• Customs whose violation is less likely to
threaten group survivalcontinued on next slide
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Forerunners of Classical Thought
• William Graham Sumner Behavior is governed by:• Laws• Codified into formal structures for
enforcement purposes
continued on next slide
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Forerunners of Classical Thought
• Mala in se Acts said to be fundamentally or
inherently wrong regardless of time or place
• Mala prohibita Acts said to be wrong only because they
are prohibited
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The Demonic Era
• Humans always preoccupied with good vs. evil
• Some forms of evil appear cosmically-based (plague, Holocaust). Explanations include divine punishment,
karma, fate, vengeful activities of offended gods.
continued on next slide
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The Demonic Era
• Some evil is due to individual behavior (crime, deviance). Explanations include demonic
possession, spiritual influences, temptation by fallen angels.
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Early Sources of Criminal Law
• Code of Hammurabi Emphasis on retribution
• Early Roman Law Twelve Tables Justinian Code
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Early Sources of Criminal Law
• Common Law Based on shared traditions supported by
court decisions Major source of modern criminal law
• Magna Carta Individual rights Due process
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The Enlightenment
• Thomas Hobbes Social contract
• John Locke Humans born as blank slates Expanded social contract concept Checks and balances
continued on next slide
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The Enlightenment
• Jean-Jacques Rousseau Humans intrinsically good Natural law
• Natural law and natural rights Thomas Paine• Only democracy can guarantee natural
rights. U.S. Constitution built around
understanding of natural law
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The Classical School
• Enlightenment led to view of humans as self-determining entities with freedom of choice.
• Led to Classical School of criminological thought Explained crime as resulting from the
exercise of free will Moral wrongdoing fed by personal
choice
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Cesare Beccaria
• Essay on Crimes and Punishments (1764)
• Philosophy of punishment Purpose of punishment• Deterrence, prevention
Swift, certain Only severe enough to outweigh personal
benefits derived from crime• Opposed to capital punishment, torture
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Jeremy Bentham
• Introduction to the Principles of Moral Legislation (1789)
• Hedonistic calculus/utilitarianism People act to maximize pleasure,
minimize pain. Therefore, pain from punishment must
exceed pleasure from crime.• Panopticon
Model prison
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Neoclassical Criminology
• Positivism began to dominate in 20th century. Use of scientific method to study crime Based on hard determinism• Belief that crime results from forces
beyond individual's control
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Figure 3-2 Classical Criminology versus Positivism—The Role of Free WillSource: Schmalleger, Frank, Criminology. Printed and Electronically reproduced by permission of Pearson Education, Inc., Upper Saddle River, New Jersey.
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Neoclassical Criminology
• Assumptions undermined in 1970s Studies suggesting failure of
rehabilitation Fear of crime• "Get tough on crime" policies
Reaffirmation of belief in rationality
continued on next slide
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Neoclassical Criminology
• Resurgence of classical ideals in 1970s Middle ground between total free will
and hard determinism• Key influences
Robert Martinson• "Nothing-works doctrine"
continued on next slide
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Neoclassical Criminology
• Key influences James Q. Wilson• Crime not result of social conditions, not
affected by social programs David Fogel's justice model• Criminals deserve punishment because
of their choices.
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Rational Choice Theory (RCT)
• Criminals make a conscious, rational choice to commit crime.
• Cost-benefit analysis Behavior result of personal choices
made after weighing costs and benefits Crime will decrease when opportunities,
limited, benefits reduced, costs increased.
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Figure 3-3 Rational Choice and CrimeSource: Schmalleger, Frank, Criminology. Printed and Electronically reproduced by permission of Pearson Education, Inc., Upper Saddle River, New Jersey.
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Situational Choice Theory
• Ronald V. Clarke and Derek Cornish• Soft determinism
Crime is a function of choices and decisions made within a context of situational constraints and opportunities
Crime requires motivation and opportunity.
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Situational Choice Theory
• Reduce crime by changing the environment.
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Situational Crime Control Objectives
• Increase the effort involved in crime.• Increase the risks associated with
crime.• Reduce the rewards of crime.• Reduce the provocations for crime.• Remove the excuses that facilitate
crime.
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The Seductions of Crime
• Jack Katz explains crime as the result of positive attractions of the experience of criminality. Crime is often pleasurable for offenders,
which is a major motivation behind crime.
Crime is sensually compelling.
continued on next slide
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The Seductions of Crime
• Redirect criminology to situational factors that directly precipitate crime and reflect crimes' sensuality.
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Situational Crime-Control Policy
• Situational crime prevention shifts the focus away from the offender and onto the context in which crime occurs.
• Begins with opportunity structure of crime Reduce opportunities to reduce crime.
• Focus on context of crime as alternative to traditional offender-based crime prevention policies
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Critique of Rational Choice Theory
• Overemphasis on individual choice, relative disregard for the role of social factors in crime causation
• Assumes everyone is equally capable of making rational decisions
• Displacement may occur as a result of situational crime prevention strategies.
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Punishment and Neoclassical Thought
• Classical School emphasizes deterrence as purpose of punishment.
• Neoclassical view adds retribution. Someone who chooses to violate the law
deserves to be punished. Criminals must be punished to curtail
future crime.
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Just Deserts
• Just deserts model of sentencing Offenders deserve the punishment they
receive and punishments should be appropriate to type/severity of crime.
• Justice is what the individual deserves when all circumstances are considered.
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Deterrence
• Types of deterrence Specific • Seeks to prevent offender from engaging
in repeat criminality General• Seeks to prevent others from committing
similar crimes
continued on next slide
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Deterrence
• For punishment to deter, it must be swift, certain, and sufficiently severe.
• High recidivism rates suggest specific deterrence does not prevent repeat crime.
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Figure 3-5 The Crime FunnelNote: Includes drug crimes.Source: Pearson Education, Inc.
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Capital Punishment
• Brings together notions of deterrence, retribution and just deserts Considerable disagreement over the
efficacy of death as a criminal sanction Much research into efficacy, fairness of
capital punishment
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Capital Punishment
• Capital punishment and race Opponents cite research suggesting it
has been imposed disproportionately on racial minorities.
Advocates more concerned with whether penalty is fairly imposed
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Policy Implications of Classical and Neoclassical Thought
• Determinate sentencing Mandates a specific and fixed amount of
time to be served for each offense category
• Truth in sentencing Requires judges to assess and make
public the actual time an offender is likely to serve
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Policy Implications of Classical and Neoclassical Thought
• Incapacitation The use of imprisonment to reduce the
likelihood that an offender will be able to commit future crimes
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A Critique of Classical Theories
• Represents more a philosophy of justice than a theory of crime causation
• Lacks explanatory power over criminal motivation Does not really explain how choices
for/against crime are made• Little empirical scientific basis for
claims of Classical School