Crim Exam 2 Study Guide

Crim Exam 2 Study Guide - Crim Exam 2 Study Guide Theory...

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Crim Exam 2 Study Guide Theory Refers to efforts to explain or understand crime causation Demonological theory Supernatural explanations of criminality Criminal viewed as a sinner who was possessed by demons or damned by other worldly forces Humans were viewed as at the mercy of the supernatural Indication of who was innocent or not was indicated by a trial by battle (dangerous tests) if protected by god the offender was seen as innocent Classical Theory In criminology refers to an approach that emphasizes free will and rationality on the part of the criminal actor Cesare Beccaria The principal advocate of the classical school of criminological theory Wrote essay on crimes and punishments Appalled by the harsh penal systems of his time Work was radical for his time Responsible for the abolition of torture as a legitimate mean of exacting confessions Laws should be made by legislatures and they should be specific The role of judges is only to determine guilt-should not interpret laws Seriousness of crime should be determined by the harm it inflicts on society and be based on the pleasure pain principle Punishment should be based on seriousness of the crime Punishment should not exceed necessary deterrence Punishment should be sure, swift and certain Capital punishment should be abolished Laws should be structured to prevent crimes rather than to punish them All should be treated equally before the law Laws should provide “the greatest happiness for the greatest number” Jeremy Bentham Saw the purpose of punishment to be deterrence rather than vengeance and was more interested in the certainty of punishment than in its severity Advocate of utilitarian hedonism or felicific calculus or penal pharmacy Panopticon: or inspection house was envisioned as a circular prison with a glass roof featuring the central
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grand tower from which inspectors could observe all cells located around the perimeter Hedonism The pleasure principle The assumption that the main purpose of life is to maximize pleasure while minimizing pain Neoclassical Theory Admitted environmental, psychological and other mitigating factors as modifying conditions to classic doctrine Argues that less theory and more action is needed Re birth of classical school Rational choice theory Cornish and Clarke Proposes offenders weight the opportunities costs and benefits of a particular crimes Individuals are purely rational in their decision making but they do consider the costs and benefits Theorists admit that much behavior is only partly rational but most offenders know quite well what they are doing Criritiques of classical theory: Does not allow consideration of offender specific circumstances not much consideration given to why only certain people commit crimes Advocates taking away judicial discretion Concepts of pleasure and pain are difficult to measure
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Crim Exam 2 Study Guide - Crim Exam 2 Study Guide Theory...

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