soc lecture 2
Terms
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earliest theories of crime
(pre 1600's) -
-crime was equated with sin
-evil spirits and supernatural forces - punishment of the early theories
- -harsh (torture, capital punishment) b/c it threatened religious and social order
- Demonic theories
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-deviant behavior happens in 2 ways:
a. temptation
b. determinant - temptation
-
-seduced by temptations
ex. adam and eve eat the apple - determinant
- -a possessed person, taken over by the devil
- classical theory
- -part of the philosophy of the enlightenment, specifically the social contract theory
- departure of the demonic theories
-
-(the classical theories)
-crime is the result of free will not posession of outside forces - Beccaria's 4 steps of the social contract
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a. people are hedonistic and rational
b. the war of all against all
c. entering into the social contract
d. giving consent to be governed such - Beccaria was on the Vatican's banned list until what year?
- 1962
- the basic assumption of the social contract theory
- -that humans ought to be free
- hedonistic
- -avoid pain, go for pleasure
-
how two self interested ppl interact
(social contract theory- stage 2) -
a. if there are scarce resources: conflict (hedonistic)
b. if there is no escape: rational - stage 3 (social contract)
- -ppl make a contract to not fight to better the all
- stage 4 (social contract)
-
-b/c ppl will be hedonistic, we need:
a. a gov't
b. give up rights to live in a peaceful society - classical theory punishments
-
-must be severe enough to deter, but not too harsh
-enter Bentham - Bentham's idea of punishments for crime
-
crime could be prevented if punishments were:
a. swift (asap after crime)
b. certain
c. slightly greater than the pleasure gained from the action - Bentham's calculus
- if a thief gained X units of pleasure from a crime, to deter a crime, we would need X + 1 units of pain
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the modern legacy:
successful deterrance is a function of: -
a. certainty of punishment
b. celerity of punishment
c. severity of punishment
d. knowing the punishment will occur - 5 types of deterrence
-
a. absolute deterrance
b. cross deterrance
c. general deterrance
d. specific deterrance
e. restrictive deterrance - common features of the positive school
-
a. perfectibility of society
b. body and mind differences
c. punishment should fit the individual
d. CJS guided by scientific experts
e. criminals can be treated, rehabilitated, corrected, reintegrated - when did eugenics begin
- late 1910's
- CJS
-
criminal
justice
system - scientific experts
- social workers, psychiatrists...
- eugenics theories
- -progress through social and biological engineering
-
who were defects
(eugenics theory) -
-defective in mind
-a product of improper breeding
-made inferior through biology - Lombroso's ideas of how ppl become criminals
-
-ppl are born out of sync with social evolution
-influenced by: Darwin, Lavater, Gall - Charles Darwin
- -survival of the fittest of ppl with a slight advantage
- Goddard
- -fudged his work
- Lombroso: Physiognomy
-
-criminals have:
a. small ears
b. bushy eyebrows
c. small noses
d. large lips - Lavater
- -criminals have shifty eyes, weak chins, and arrogant noses
- phrenology
- -study of the external characteristics of a person's skull, bumps on the brain indicate lower brain functions
- most eminent phrenologist
- -Gall, Spurzheim was his student
- atavistic stigmata
- -criminals can be identified through physical features
- Lombroso identified 5 atavistic stigmata
-
a. bumps on the head (phenology)
b. big jaws
c. strong canine teeth
d. protruding jaw
e. arm span bigger than height
*or the presence of tatoos - XYY
- -since Y is the male chromozome, XYY must be supermales
- positivism vs. classicalism
-
-positivism uses social sciences
-classicalism uses natural sciences - scientific melody
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a. objectivity
b. reliability
c. validity - the Lambrosian Fallacy
- -the lack of using a control group for comparison
- forensic psychiatric services & the CJS
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a. pre-conviction
b. pre-sentence assessment
c. sentencing - 2 parts of the pre-conviction stage in the CJS
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1. fitness assessment (state of mind at the present)
2. criminal responsibility assessment (state of mind at the crime) - 2 components of criminal insanity (aka criminal responsibility)
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a. responsibility (mens rea, actus rea)
b. mental disorder - 3 influences of the concept of insanity
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a. legal system
b. psychiatric system
c. societal influences (gender, records) - mental disorder defence
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must have:
-a mental disorder
-appreciation
-knowing - possible verdicts in regular criminal cases
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a. not guilty (no mens rea, nor actus rea)
b. guilty (mens rea and actus rea) - possible verdicts in mental disorder defences
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a. guilty (mens rea and actus rea)
b. Not criminally responsible (NCR) (no mens rea) - dispositions in mental disorder defences
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-see a board of review annually:
a. detained in a hospital
b. discharged to a community
c. absolute discharge - somatotyping (Sheldon)
- -theory based on tissue layers, embryology, and physiology
- 3 physical and temperament types
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a. ectomorph
b. endomorph
c. mesomorph - endomorphic
- -extroverted, tendency to put on fat
- mesomorphic
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-somotonic temperament, predominance of muscle
* most commonly seen as criminals* - ectomorphic
- -cerbrotonic temperament, lean and fragile body
- biological factors in psychopathy
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-hereditary
-ANS differences
-lack of frontal lobe functioning