Classical Vs Positivist school of criminology – Flashcards
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The classical school of criminology
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Is a set of ideas that focuses on deterrence and considers crime the result of offenders free will
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Two basic tenets of classical thought are that
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1. Criminal offenders freely choose to break the law and that 2. Punishment should be only as serious as the offense
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Classical criminology ignores offenders rationalizations and excuses and instead punishes them for
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For their behavior
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Like beccaria, Bentham advocated a new way of dealing with crime based upon the concept of
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utilitarianism
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Utilitarianism principles argued that
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Ethical behaviors allows the greatest number of people to benefit and society is in much better shape when all benefit , than when each individual looks out for only his/her interest
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utilitarianism
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Idea based on the principal of "the greatest good for the greatest number". Jeremy believed that this principle should be applied to every nation government, economy, and judicial system
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Rational choice theory has it roots in the
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classical school of criminology
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Classical thinkers aimed to bring
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humanitarian reform to the legal system
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classical thinkers sought change not to make life easier for offenders but to
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protect society from harm done by those of offenders
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Cesare Beccaria
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laid the foundation for the classical school of thought with the idea of free will
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Cesare Beccaria believed that because people choose to commit crimes, they are
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accountable for their actions
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Cesare Beccaria believed that humanity is
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is very selfish and do things that are in our own self-interest
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Cesare Beccaria believed that the purpose of criminal laws should be to
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maintain social order and curb criminal behavior
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Cesare Beccaria believed that the only way we can control a rational person is through
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punishment
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Cesare Beccaria believed that the right punishment is not based on revenge, its based on
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deterrence
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Cesare Beccaria believed that in order to deter, punshinment must be
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1) Swift- (you cant wait forever to punish someone) 2) Certain- (they have to believe that they'll get caught) 3) Sufficiently severe
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deterrence theory
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the idea that the threat of punishments will discourage people from committing crimes
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Cesare Beccaria was a big advocate of
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fairness, justice and equality
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Why did Cesare Beccaria believe that the power of judges should be limited
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We should limit the power of judges so that they didn't have discretion to eliminate bias. the only thing we should look at when sentencing someone is the criminal act. -The legislature make laws and the judge determines guilt
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Cesare Beccaria believed that punishment should not be cruel and usual but
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proportionate to the crime
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Cesare Beccaria believed that people are innocent until
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until proven guilty
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Cesare Beccaria believed that individuals perform a moral calculus when deciding whether to break a law, meaning that
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individuals act to maximize pleasure and minimize pain
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Cesare Beccaria believed that prevention of crime is more important than
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than the punishment of crime
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Jeremy Bentham classical school of thought was based on
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1) Utilitarianism 2) hedonism (Pursuit of pleasure) 3) Pleasure/Pain principle
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Jeremy Bentham said that crime is driven by
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human choices and we weigh the pleasure and pain of an action
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Jeremy Bentham believed that people decided to act based on
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what they believe will bring them the greatest amount of pleasure and least amount of pain
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Because of free will, Jeremy Bentham believed that humans (we) are able to
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are able to make rational choices and calculated decisions
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Founder of Hedonistic Calculus
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Jeremy Bentham
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According to Jeremy Bentham, a offender does what before breaking the law
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A offender does a hedonistic calculus, in which he/she calculates breaking the law by weighing the benefits/costs of their action
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Rational choice theory
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teaches that crime is rational and people make rational choices before committing a crime or engaging in deviant acts
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Rational choice theory defines crime as
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Rational behavior
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Jeremy Bentham had the goal of producing
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producing hierarchy of punishment to deter crime (idea of proportionality)
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Positivism
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branch of criminology that explains criminal behavior in terms of biological, psychological, and sociological factors
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a) People commit crimes because of factors beyond their control b) no opportunists c)influenced by culture, environment, and peers d) rehabilitation e) scientific method
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Positivist school of criminology
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Positivist thinkers believed that strong influences, such as the environment promotes people to
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promotes people to commit crimes
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rational choice theory addresses the crime problem
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1) situational crime prevention 2) deterrence 3) incapacitation
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incapacitation
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confinement or isolation from society
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deterrence
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the discouragement or prevention of crimes through the fear of punishment
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Variations of rational choice theory
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1) Situational crime theory 2) Routine activities theory
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Situational crime theory
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The decision to commit a crime is influenced by opportunity, risk, and the benefits attached to the crime
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Routine activities theory
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the decision to commit a crime is limited t the victim and offenders lifestyle
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The school of thought that argues that humans do not have free will, that their behavior is determined by biological, sociological and psychological factors
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Positivist school of criminology
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positivist thinkers believe that the criminal justice system should
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should try to rehabilitate offenders
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Cesare Lombroso (Positivist school of criminology)
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Italian thinker who stressed the biological roots of crime and argued that there was a such thing as "born criminal"
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Body types (Biology-Positivist school of criminology)
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humans can be divided into three basic body types pr somatotypes 1)Endomorph- excessive fat and extrovert 2) Mesomorph- extremely active and aggressive most likely to be involved in serious criminal activity 3) Ectomorph - thin body type and introvert (loner)
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Positivist biologist thinkers also linked criminality as
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as an inherited trait
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psychological theories (Positivist school of criminology)
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1) Low IQ causes crime 2) Freud theories ( Id, ego, super ego) 3)mental illness and crime 4) psychopathic traits
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Sociological theories of crime (Positivist school of criminology)
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1) Social disorganization 2) Social ecology/ Concentric zone theory 3) Strain/Anomie theory 4) Control theory 5) Social learning theory 6) Modeling theory 7) Differential association 8)Reinforcement theory 9) labeling theory 10) conflict theory
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Crime stems from certain community or neighborhood characteristics (poverty, unemployment etc.)
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Social disorganization
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Crime increases toward the inner city areas. people living in these areas lack sense of community
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Concentric zone theory
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High rates of crime and other problems persists within the same neighborhood over long periods of time regardless of who lives there
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Social ecology
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Coined by Emile Durkheim to explain suicide in french society and later applied by Robert Merton
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Anomie theory
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Anomie
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state of normlessness or norm confusion within society
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Robert Merton version of anomie theory looks at
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American society and what happens when an individual realizes that not everyone can achieve the American Dream
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Argues that deviance occurs when a society does not give all its members equal ability to achieve socially acceptable goals
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Roberts Merton Strain Theory
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Strain
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much like stress: being unable to reach the goal of wealth and success (American dream) creates strain with social mores, personal strain and strain with family.
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Roberts Merton argued that material wealth is an overreaching goal in American society as a result people may feel worthless if they do not reach this goal and believe they must
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they must commit a crime
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Instead of asking why people commit crimes? this theory seek to explain "why they don't do it"
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Control theory
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According to the control theory, four reason why people don't commit crime are
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1) attachment 2) involvement 3) commitment 4) belief
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a)criminal behavior is learned, just like anything else b) crime is learned from environment/ socialization c) you can learn from people you look up to or respect
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social learning theory
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a theory that believes that crime is simply a war between the have and the have nots. does not focus on individual behavior but treatment by the criminal justice system For example- white-collar offenders is more likely to receive lenient treatment than the street offender because white-collar crime is he realm of the wealthy and street crime is the realm of the lower to middle class
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conflict theory
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people learn how to act by observing others
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Modeling theory
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Theories related to the social learning theory
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1 modeling theory 2 differential association 3 reinforcement theory
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crime is learned through interaction with antisocial peers
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Differential association
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Process of shaping behavior by controlling the consequences of the behavior
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reinforcement theory
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Theories under the classical school of criminology
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deterrence theory
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Theories under the neo-classical school of criminology
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1) rational choice theory 2) routine activity theory
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offenders calculate the advantages and disadvantages of breaking the law and what type of offense to commit
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rational choice theory
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negative labels placed on individuals allow society to treat them as deviants. These individuals internalize the labels and act upon this new diminished self concept
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Labeling theory
