Chapter3 - Introduction to Introduction Criminal Justice...

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Unformatted text preview: Introduction to Introduction Criminal Justice Criminal Explaining Crime Chapter Three Bohm and Haley Theory A theory is an assumption (or set of assumptions) that attempts to explain why or how things are related to each other. A theory of crime attempts to explain why or how a certain thing or certain things are related to crime and criminal behavior. Key word: Causation From Classical Choice Theories to From Modern Rational Choice Views Modern (Beccaria) The basis of this perspective over time has dealt with four key relationships: 1) Law 2) Crime 3) Punishment 4) Deterrence Core Concepts of Choice or Core Classical Criminology Classical People choose all behavior, all including criminal including behavior. Derived from behavior. the notion of free-will. free-will People’s choice can be controlled can by the fear of punishment. punishment The more severe, certain and swift The severe, the punishment, the greater its ability the punishment to control criminal behavior. to Punishment Punishment must also be proportional to the must crime. crime. Structuring Crime (Classical Theory) Not only do criminals structure their career but they rationally choose: The type of crime to commit Where it occurs Who or what will be the target The time the crime will be committed Question Do you think that a criminal act is a matter of “rational choice?” In order for behavior to be rational ­ should behavior be learned first, in order to make a structured choice of crime? How Are These Behaviors the How Product of Rational Thought? Product Street Crime Drug Use Violence Are there different definitions of “rational”? Deterrence The punishment philosophy that says punishment’s aim is to prevent future offenses by setting an example for both the offender and others; i.e., specific and general deterrence. General Deterrence The version of deterrence that seeks to prevent crime by using punishment to show others who are considering a criminal act that they will suffer painful consequences if they commit that act. Specific Deterrence The version of deterrence that seeks to prevent crime by using punishment to show the criminal that the criminal act was undesirable because it brought more pain than pleasure. Possible problems include: Chronic offenders may increase their rate of offending or defiance. Juveniles may experience leniency in punishment. The effect of specific deterrence as a punishment strategy is uncertain. Foundations of Biological Foundations Trait Theory Trait The biological explanation of criminal behavior first became popular during the middle part of the 19th Century with the introduction of positivism. What is positivism? Positivism Positivism rejects the concept of free will. Positivism assumes that human behavior is determined. Crime can only be understood if it is studied by the scientific method (cause and effect). Human behavior is a function of internal and external forces – multiple factors, i.e., social, biological, psychological, or socio­economic forces. Early Positivists Early positivists included: indicate a criminal nature). Garofalo (certain physical characteristics and psychological characteristics indicate criminal nature). Lombroso (belief that certain physical characteristics Ferri (belief in biological, social and organic factors as a cause of crime and delinquency). Sheldon (belief in body types which were susceptible to certain types of delinquent behavior). TRAIT THEORIES (Positivist Approach) Trait theories are made up of biosocial and psychological theories. The primary focus of trait theories is human behavior and the link to anti­social behavior, i.e., aggression, violence, and criminality. Biological and Psychological Biological Traits Traits Both biological and psychological traits have been linked to criminal behavior, but not as causal linkages. It is the “multiple factor” approach or the interaction of mental and physical traits with environmental and social factors that either suppress or trigger criminal behavior. The focus is generally on persistent or chronic offenders. Biosocial Trait Theories Biochemical Conditions and Crime Neurophysiological Conditions and Crime Genetics and Crime Evolutionary Views and Crime PSYCHOLOGICAL PSYCHOLOGICAL TRAIT THEORIES TRAIT (Freud) Psychodynamic Behavioral Cognitive Social Learning Mental Illness and crime Personality and Crime Intelligence and Crime Personality and Crime - Trait Personality can be defined as the reasonably stable patterns of behavior, including thoughts and emotions that distinguish one person from another. Personality reflects a characteristic way of adapting to life’s demands and problems. Anti-Social Personalities I Abnormal Affect Sociopaths Psychopaths SOCIOLOGICAL THEORIES (Positivist Approach) Criminal Behavior Patterns Are Affected By: Places ­ Places not people cause crime, i.e., deteriorated lower­class areas. Socioeconomic placement in society can influence the potential for criminal behavior, i.e., unable to attain social or economic success. Sociological Theories: The Underlying Premise The real crime problem is a lower class phenomenon. Those that live in equivalent social environments tend to behave in a predictable fashion. If the environment did not affect human behavior, then crime rates would be dispersed equally across the social structure. ELEMENTS OF SOCIAL DISORGANIZATION THEORY: (Shaw and McKay) Poverty Social Disorganization Breakdown of Social Control Criminal Areas Cultural Transmission Criminal Careers STRAIN THEORIES Crime is a direct result of the frustration and anger of the lower­class to achieve culturally defined goals, i.e., wealth, success, power; however, the means to acquire these goals are stymied by the stratification of class and status in society. ANOMIE Durkheim: Norms have broken down because of rapid social change, i.e., traditions and values. Merton: Culturally defined goals and socially approved means for obtaining them have broken down, i.e., education and hard work. Messner and Rosenfeld: The American Dream as a goal and a process. Crime becomes the strategy for attaining wealth. Cultural Deviance Theory: Cohen’s Theory of Delinquent Cohen’s Subcultures Subcultures MAJOR PREMISE Status frustration of lower-class boys, created by their failure to achieve middle-class success, causes them to join gangs. STRENGTHS Shows how the conditions of lower-class life produce crime. Explains violence and destructive acts. Identifies conflict of lower class with middle class. Cultural Deviance Theory: Cloward and Ohlin’s Theory of Cloward Differential Opportunity Differential MAJOR PREMISE: Blockage of conventional opportunities causes lower-class youths to join criminal, conflict, or retreatist gangs. STRENGTHS: Shows that even illegal opportunities are structured in society. Indicates why people become involved in a particular type of criminal activity. Presents a way of preventing crime by providing the means for juveniles to obtain success. The goal of social conflict theorists is to explain The conflict crime within economic and social contexts and to express the connections among social class, crime and social control. Crime is an outcome of class struggle. Issues of concern to them include: struggle The role government plays in creating a criminogenic environment. The relationship of personal or group power in controlling and shaping the criminal law. The role of bias in the operations of the justice system. The relationship between a capitalist free­enterprise economy and crime rates. Conflict Theory (Vold andTurk) STRENGTHS Accounts for class differentials in the crime rate. Shows how class conflict influences behavior. MAJOR PREMISE Crime is a function of class conflict. The definition of the law is controlled by people who hold social and political power. Marxist Theory (Radical Theory) MAJOR PREMISE The capitalist means of production creates The means class conflict. Crime is a rebellion of the class conflict Crime lower class. The criminal justice system is an agent of class warfare. agent STRENGTHS Accounts for the associations between economic structure and crime rates. Social Conflict Theories: Social Deconstructionism Deconstructionism (Postmodernists) (Postmodernists) MAJOR PREMISE Language controls the meaning and use of Language the law. the STRENGTHS Provides a critical analysis of meaning. Social Conflict Theories: Peacemaking – Restorative Justice MAJOR PREMISE Peace and humanism can reduce crime; conflict resolution strategies can work. STRENGTHS Offers a new approach to crime control through mediation. Social Learning Theory: Differential Association Sutherland and Cressey. Criminal behavior and criminal techniques are learned. Learned behavior is a byproduct of interacting with others. Learned behavior begins when a person is in their adolescence from close friends and relatives. Criminal behavior occurs when the definitions toward crime outweigh the definitions against crime. Social Control Theories Reckless’ containment theory – a strong self­image insulates a youth from crimogenic influences. Hirshi’s social bond theory – onset of criminality is linked to the weakening of social ties or bonds. Elements of the Social Bond Commitment Attachment Criminal Behavior Involvement Belief Hirschi’s Control Theory MAJOR PREMISE A person’s bond to society prevents him or her from person’s violating social rules. If the bond weakens, violating the person is free to commit crime. STRENGTHS Explains the onset of crime; can apply to both middleand lower-class crime. Explains its theoretical constructs adequately so they can be measured. Has been empirically tested. LABELING THEORY (Edwin Lemert) This theory holds that criminality is promoted by becoming negatively labeled by significant others. Key Word: Secondary Deviance Labeling Theory: The Basis for Self-Concept The Decision to Label Detection by the Justice System Initial Criminal Act Creation of a New Identity Acceptance of Labels Deviance Amplification ...
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