CRM Midterm Notes
Content
-Middle Ages (before 1700 AD) Deviance was due to supernatural forces (witchcraft, possession by demons), seen as threat to religious order Response to crime reflects status of perp. Torture and death penalty was common Crime=sin -The Enlightenment: 17th and 18th century, world view was based on experience rather than just authority and faith -Criminological Theory: criminal justice is based on criminological theory. Failure to understand theories leads to intursion on people‟s lives w/o good reason Definition: explanation of criminal behavior, behavior of police, attorneys, prosecutors, judges, correctional personnel, victims and others in the criminal justice system (CJS) -Classical Criminology (1750 to 1900): Beccaria, Glueck, Pollak People who contemplated breaking the law considered positive and negative consequences of their actions Cesare Beccaria (1738-1794): Italian jurist, philosopher and politician, On Crimes and Punishments (1764) o Utilitarianism People have free will Crime pays better than non-crime Punishment should be a deterrent and used to prevent crimes Severe, certain and swift punishments work. “Let the punishment fit the crime.” Not the criminal. Everyone is equal before the law. Advocated for abolition of the death penalty; thought it was an entertainment for the majority; believed that life-time imprisonment was more effective punishment/deterrent Argued that capital punishment only acts as another example of cruelty for citizens to learn from o Beccaria‟s 10 Principles: Towards More Effective Criminal Justice System 1. Role of legislature should be to define crimes and specific punishments for each crime. 2. Role of judges should be solely to determine guilt, then determine the punishment following the law. 3. Seriousness of a crime should be determined by the harm that it inflicts on society. Intent of offender is irrelevant. 4. Punishments should be proportionate to the seriousness of the crime; purpose is to deter crime. 5. Punishments=unjust when severity exceeds what is necessary to achieve deterrence. 6. Excessive severity fails to deter crime and actually increases it. (Ex: driven to commit additional crimes to avoid the punishment for a single one) 7. Punishments should be prompt. 8. Punishments should be certain. (no hope for exemption) 9. Laws should be structured so as to prevent crime from happening in the first place. 10. Laws should be published so that the public knows what they are. Bridge b/w Classical and positivist School: o Jeremy Bentham: “To prevent the happening of mischief, the pain of crime commission must outweigh the pleasure to be derived from criminal activity.” o Bentham recognized the internal/external constraints on free will and rationality (transition from Classical to Positivist) Five principles o Rationality o Hedonism o Punishment o Human Rights o Due Process Social Contract Theory: Thomas Hobbes said citizens give up some of their personal freedom in exchange for protection by the ruler; state can‟t violate the rights of the citizens and citizens have to obey the rules Weaknesses of Classical Theory: o Circumstances of cases vary so reducing judicial discretion resulted in injustices o Likelihood of punishment was low so it didn‟t really act like a deterrence o The “rational person” is over-simplified Impact of Classical Theory: o Theory led to many legal reforms of Canada‟s current legal system (ex: due process and equality before the law) o But Canada‟s system adopted reforms that allow more judicial discretion and indiv idualized justice -Neoclassical Theory: Tarde Helped develop a more individualized system of criminal justice -Statistical School: Guerry, Quetelet Explored social causes of crime -Positivism: extension of scientific method to social life (1850s~)
Proclaims that study of crime should empathize the individual, moved away from assumption of free will Focuses on treatment, not punishment as a means of correcting behavior Behavior is controlled by internal/external forces (biological, psychological, social) that bias or completely determine their choices; criminals are born, not made Science can be used to study human behavior Influenced by Charles Darwin Auguste Comte (1798-1857): French philosopher, Father of Sociology Cesare Lombroso (1835-1909): Italian criminologist, Father of Criminology, Criminal Man (1876) o Criminal traits are inherited o Atavistic anomalies expressed in physical traits o “Degenerate family” provides indirect criminal heredity o Based on research in Italian prisons – criminals=atavists/savages (throwbacks to earlier stage of evolution) Criminals by passion: more likely to be female, commits out of altruism, homicide, suffers most remorse Insane Criminals: unable to distinguish right or wrong, no responsibility for actions Occasional Criminals: doesn't seek occasion but drawn to it Pseudo-Criminal: killing in self-defense (not a big concern to society) Habitual Criminals: it‟s their job; theft, forgery, fraud Epileptoids Criminaloids: don't fit in anywhere else, quick to confess o Lombroso‟s legacy is that he applied scientific approach to crime causation, also the legacy of positivism; but there is NO physical difference b/w criminals and non-criminals as concluded by Charles Goring in The English Convict: A Statistical Study: there is no such thing as a physical criminal type. Goring said that criminality is the result of interaction of hereditary and environmental factors. -Sociological Criminology Lambert A. J. Quetelet (1796-1874): Belgian astronomer, mathematician, sociologist o Used social statistics (age, sex, climate, poverty) to study crime-related factors Emile Durkheim (1858-1917): French sociologist o Crime is natural and inevitable o Some crime is beneficial to society o Crime results from confusion about norms Chicago School o Crime is caused by urban poverty, social disorganization and social change o The Emergence of the Modern City 1. The movement from the countryside to the urban env. 2. Industrialization of the city 3. The creation of a working population as well as a ‘surplus population’ or ‘reserve army of labour’ 4. Cities are characterized by an extensive division of labour 5. The city gave birth to the crowd, the masses, the mob and the dangerous classes o Georg Simmel (1858-1918): German Sociologist Simmel drew a connection b/w the tone and structure of the city and the psychology of the modern individual City=seat of financial power; relations b/w individuals are characterized by the cash nexus (depersonalized connection that exists b/w employers and employees in a capitalist society City is full of noises, sounds, and experiences that fly by us at rapid speed, and as such we are overstimulated and indifferent to others Ambiguous nature of the city: city=place of alienation as well as a place of possible freedom a. The city is a place of abstraction/depersonalization dominated by money b. Place of possibility because it allows different individuals to exist on their own. Includes different communities o Why Chicago? Truly modern cityhad grown dramatically in a short span of time Home to an ethnic/racial mix that older cities couldn‟t compete with Chicago‟s social turbulence was a source of creative energy o Robert Park: Father of Urban Ecology, introduced concentric zone theory with Ernest Burgess Human ecology: sociology dealing w/spatial and temporal interrelationships b/w humans and their economic, social and political organization
Social Ecology: the person‟s relation to the social environment and the study of the spatial distribution of crime and delinquency. Fear, unemployment, deterioration influence crime rates. Human communities should be seen as similar to any natural environment City is a super-organism; various subpopulations make up the city, who interact and can be seen through the lens of „invasion-dominance-succession‟
Residents of one zone migrate to outer zone as their economic positions improve, and new residents take their place o Summary of Concentric Zone Theory: Chicago=living laboratory Pushed by industrial expansion Areas closest to the dynamic core are most impacted by change Zone 2 the transition zone is seen as primary area for deviance Centre of residence for newly arrived immigrants and migrants High levels of mobility Unemployment, single-parent household and a variety of cultural groups and normative confusion o Clifford Shaw and Henry MacKay o Social Disorganization=poverty, residential mobility, racial heterogeneity o Said that socially disorganized neighborhoods culturally transmit delinquent behavior patterns; the same way language, habits, traditions are passed down o High Delinquency Areas: decrasing population, high percentage of „foreign born‟ or „negro‟ head of household, high percentage of families on relief, low rate of home ownership, low median rental values -Criticisms about the Chicago School: -it focused too much on how the environment produces the individual -Shaw and MacKay relied too much on statistics only -the Chicago school ignored the political and economic conditions that contribute to the creation of criminal behavior McGill School o Carl Dawson‟s research Socialization o Deviance is caused by bad parenting, peer groups -Conflict Sociology Karl Marx (1818-1883): German philosopher, economist, sociologist, historian o Mode of production determines all social relationship o Crime is expression of economic and power relations, defined by those in power, is a result of inequality b/w owners and workers, and is caused by poverty -Early 20th-century biological theory: Goring, Sheldon Related criminality to several types of theories of biological inferiority including intelligence/body shape -Current Perspectives in Criminology Perspective Classical/Choice Biological/Psychological Structural Process Conflict Integrated
Forces Situational Internal Ecological Socialization Economic and political Multiple
-Punishment Specific Deterrence: seeks to prevent a particular offender from repeating crime General Deterrence: seeks to prevent others from committing crimes similar to the one that offender is being sentenced for -Crime and Intelligence Instead of body types, some theorists have focused on low intelligence o Ex: eugenicist Henry H. Goddard‟s study of the Kallikaks o Goddard used IQ tests and found that inmates had very low IQs. His work was discredited though because he had revised the rest results due to a high “average score” His work resulted in a policy that led to institutionalization and sterilization of people thought to have low IQs (Leilani Muir – a Canadian woman of normal intelligence who was sterilized because she was incorrectly labeled as retarded) -Emile Durkheim (1858-1917): Founded academic journal L‟Annee Sociologique Traditional societies were held together because everyone was basically the same Conceptualized Functionalism w/ Herbert Spencer: views society as a system of part whose functions contribute to stability and survival of the system Though society was more than the sum of its part, coined the term „social facts‟ (which have an existence on their own, and not bound to actions of individuals) Theories: o Anomie: breakdown of social norms regulating behavior, is a reaction against, or retreat from, the social controls of society, term actually refers to a state of normlessness in society. Anomie is attributed to decreased homogeneity which make society conducive to crime All deviant behavior stems from a state of anomie, including suicide o The Division of Labour: Societies begin in simple forms of interaction and are held together by solidarity and likenesses; these homogeneous societies have similar aims and roles; they are called „mechanical‟. Collective consciousness includes individual consciousness. Healthy levels of criminality are found in mechanical societies. Punishments=repressive sanctions to not demoralize the people making sacrifices reinforces the righteousness of the people and strengthens the solidarity of society. A society with no crime would be one that has a rigid collective conscious that no one can oppose but it not be able to progress any social change Growth of simple societies (technical/economic advance), makes interrelationships more complex and so members of society will become more specialized and independent. These societies are called „organic societies‟. Created dependencies that tied people together because not one person can do everything. Unhealthy level of crime is more likely to arise in an organic society. Incomplete integration gives rise to ANOMIE. Law is important in both societies: Mechanical=main function is to enforce uniformity and status quo Organic=main function is to integrate the diverse parts of the society and ensure their coexistence o Suicide: act of severing social relationships Abnormally high/low levels of social integration (integration of a group into mainstream society) Suicide rates are higher for widowed, single, divorced people; higher for people w/no children; higher for Protestants than Catholics (suicide is a sin) Suicide may be caused by weak social bonds (social integration & regulation) 4 types: 1. Egoistic Suicide: individual is weakly integrated into society; suicide will have little impact 2. Altruistic Suicide: Individual is extremely attached to society has no life of their own 3. Anomic Suicide: weal social regulation b/w society’s norms and the individual and is most often brought on by dramatic economic/social changes 4. Fatalistic Suicide: Social regulation is completely instilled in the individual. Feels that only way to escape the oppressive discipline of society is suicide. Durkheim thought that crime serves as a social function; it has a purpose in society o Crime is able to release certain social tension and therefore have a cleansing/purging effect o Crime is necessary and provided it does not exceed certain levels, the society is healthy -Sigmund Freud (1856-1939): Father of Psychology coined the term psychoanalysis in 1896 A proponent of the positivistic school of thought Psychoanalytic Theory: based on the belief that true change/growth comes from an individual becoming more self-aware by bringing unconscious thoughts, motivations, feelings into the conscious so that behavior is based more on reality than
instinct. Unconscious motivation, irrational forces, instinctual drives and psychosexual events occurring during the first 6 years of life determine behavior. o All humans are born with instincts (ex: food, shelter, warmth) o All humans have natural drives and urges repressed in the unconscious o All humans have criminal tendencies o Most common factor contributing to criminal behavior = faulty identification by a child with his parents The Oedipus Complex: a boy‟s desires his mother; a girl desires her mother but then directs her libido (love/sexual energy) towards her father Electra complex, proposed by Carl Jung; same sex parent becomes rival The Unconscious: made up of repressions too painful to remain in consciousness o Sublimation: rechanneling of drives that cannot be given an acceptable outlet The id: consists of all biological components of personality, including sex (life) instinct „Eros‟ and aggressive (death) instinct „Thanatos‟. The id is the impulsive/unconscious part of our psyche that responds directly to instincts. Newborns are all id and later develop ego and super-ego. The id operates on the pleasure principle (idea that every wishful impulse should be satisfied immediately, regardless of the consequences) and is not affect by reality/logic or everyday world The ego: mediator b/w unrealistic id and external real world. Works according to the reality principle (often compromising or postponing satisfaction to deal with id‟s de mands) Ego also seeks pleasure and avoids pain but is concerned w/devising a realistic strategy to obtain pleasure. Ego has no concept of right or wrong, good=achieving satisfaction w/o causing harm to itself or to id The superego: incorporates values/morals of society which are learnt from one‟s parents and others, develops around age 4-5 during phallic stage of psychosexual development, superego‟ function is to control the id‟s impulses, especially the ones that society forbids (sex and aggression), also functions to persuade the ego to turn to moralistic goals rather than simple realistic ones and to strive for perfection, consists of two systems o Conscience: can punish ego by making it feel guilt o Ideal self: an imaginary picture of how you ought to be, how to behave within society
Proclaims that study of crime should empathize the individual, moved away from assumption of free will Focuses on treatment, not punishment as a means of correcting behavior Behavior is controlled by internal/external forces (biological, psychological, social) that bias or completely determine their choices; criminals are born, not made Science can be used to study human behavior Influenced by Charles Darwin Auguste Comte (1798-1857): French philosopher, Father of Sociology Cesare Lombroso (1835-1909): Italian criminologist, Father of Criminology, Criminal Man (1876) o Criminal traits are inherited o Atavistic anomalies expressed in physical traits o “Degenerate family” provides indirect criminal heredity o Based on research in Italian prisons – criminals=atavists/savages (throwbacks to earlier stage of evolution) Criminals by passion: more likely to be female, commits out of altruism, homicide, suffers most remorse Insane Criminals: unable to distinguish right or wrong, no responsibility for actions Occasional Criminals: doesn't seek occasion but drawn to it Pseudo-Criminal: killing in self-defense (not a big concern to society) Habitual Criminals: it‟s their job; theft, forgery, fraud Epileptoids Criminaloids: don't fit in anywhere else, quick to confess o Lombroso‟s legacy is that he applied scientific approach to crime causation, also the legacy of positivism; but there is NO physical difference b/w criminals and non-criminals as concluded by Charles Goring in The English Convict: A Statistical Study: there is no such thing as a physical criminal type. Goring said that criminality is the result of interaction of hereditary and environmental factors. -Sociological Criminology Lambert A. J. Quetelet (1796-1874): Belgian astronomer, mathematician, sociologist o Used social statistics (age, sex, climate, poverty) to study crime-related factors Emile Durkheim (1858-1917): French sociologist o Crime is natural and inevitable o Some crime is beneficial to society o Crime results from confusion about norms Chicago School o Crime is caused by urban poverty, social disorganization and social change o The Emergence of the Modern City 1. The movement from the countryside to the urban env. 2. Industrialization of the city 3. The creation of a working population as well as a ‘surplus population’ or ‘reserve army of labour’ 4. Cities are characterized by an extensive division of labour 5. The city gave birth to the crowd, the masses, the mob and the dangerous classes o Georg Simmel (1858-1918): German Sociologist Simmel drew a connection b/w the tone and structure of the city and the psychology of the modern individual City=seat of financial power; relations b/w individuals are characterized by the cash nexus (depersonalized connection that exists b/w employers and employees in a capitalist society City is full of noises, sounds, and experiences that fly by us at rapid speed, and as such we are overstimulated and indifferent to others Ambiguous nature of the city: city=place of alienation as well as a place of possible freedom a. The city is a place of abstraction/depersonalization dominated by money b. Place of possibility because it allows different individuals to exist on their own. Includes different communities o Why Chicago? Truly modern cityhad grown dramatically in a short span of time Home to an ethnic/racial mix that older cities couldn‟t compete with Chicago‟s social turbulence was a source of creative energy o Robert Park: Father of Urban Ecology, introduced concentric zone theory with Ernest Burgess Human ecology: sociology dealing w/spatial and temporal interrelationships b/w humans and their economic, social and political organization
Social Ecology: the person‟s relation to the social environment and the study of the spatial distribution of crime and delinquency. Fear, unemployment, deterioration influence crime rates. Human communities should be seen as similar to any natural environment City is a super-organism; various subpopulations make up the city, who interact and can be seen through the lens of „invasion-dominance-succession‟
Residents of one zone migrate to outer zone as their economic positions improve, and new residents take their place o Summary of Concentric Zone Theory: Chicago=living laboratory Pushed by industrial expansion Areas closest to the dynamic core are most impacted by change Zone 2 the transition zone is seen as primary area for deviance Centre of residence for newly arrived immigrants and migrants High levels of mobility Unemployment, single-parent household and a variety of cultural groups and normative confusion o Clifford Shaw and Henry MacKay o Social Disorganization=poverty, residential mobility, racial heterogeneity o Said that socially disorganized neighborhoods culturally transmit delinquent behavior patterns; the same way language, habits, traditions are passed down o High Delinquency Areas: decrasing population, high percentage of „foreign born‟ or „negro‟ head of household, high percentage of families on relief, low rate of home ownership, low median rental values -Criticisms about the Chicago School: -it focused too much on how the environment produces the individual -Shaw and MacKay relied too much on statistics only -the Chicago school ignored the political and economic conditions that contribute to the creation of criminal behavior McGill School o Carl Dawson‟s research Socialization o Deviance is caused by bad parenting, peer groups -Conflict Sociology Karl Marx (1818-1883): German philosopher, economist, sociologist, historian o Mode of production determines all social relationship o Crime is expression of economic and power relations, defined by those in power, is a result of inequality b/w owners and workers, and is caused by poverty -Early 20th-century biological theory: Goring, Sheldon Related criminality to several types of theories of biological inferiority including intelligence/body shape -Current Perspectives in Criminology Perspective Classical/Choice Biological/Psychological Structural Process Conflict Integrated
Forces Situational Internal Ecological Socialization Economic and political Multiple
-Punishment Specific Deterrence: seeks to prevent a particular offender from repeating crime General Deterrence: seeks to prevent others from committing crimes similar to the one that offender is being sentenced for -Crime and Intelligence Instead of body types, some theorists have focused on low intelligence o Ex: eugenicist Henry H. Goddard‟s study of the Kallikaks o Goddard used IQ tests and found that inmates had very low IQs. His work was discredited though because he had revised the rest results due to a high “average score” His work resulted in a policy that led to institutionalization and sterilization of people thought to have low IQs (Leilani Muir – a Canadian woman of normal intelligence who was sterilized because she was incorrectly labeled as retarded) -Emile Durkheim (1858-1917): Founded academic journal L‟Annee Sociologique Traditional societies were held together because everyone was basically the same Conceptualized Functionalism w/ Herbert Spencer: views society as a system of part whose functions contribute to stability and survival of the system Though society was more than the sum of its part, coined the term „social facts‟ (which have an existence on their own, and not bound to actions of individuals) Theories: o Anomie: breakdown of social norms regulating behavior, is a reaction against, or retreat from, the social controls of society, term actually refers to a state of normlessness in society. Anomie is attributed to decreased homogeneity which make society conducive to crime All deviant behavior stems from a state of anomie, including suicide o The Division of Labour: Societies begin in simple forms of interaction and are held together by solidarity and likenesses; these homogeneous societies have similar aims and roles; they are called „mechanical‟. Collective consciousness includes individual consciousness. Healthy levels of criminality are found in mechanical societies. Punishments=repressive sanctions to not demoralize the people making sacrifices reinforces the righteousness of the people and strengthens the solidarity of society. A society with no crime would be one that has a rigid collective conscious that no one can oppose but it not be able to progress any social change Growth of simple societies (technical/economic advance), makes interrelationships more complex and so members of society will become more specialized and independent. These societies are called „organic societies‟. Created dependencies that tied people together because not one person can do everything. Unhealthy level of crime is more likely to arise in an organic society. Incomplete integration gives rise to ANOMIE. Law is important in both societies: Mechanical=main function is to enforce uniformity and status quo Organic=main function is to integrate the diverse parts of the society and ensure their coexistence o Suicide: act of severing social relationships Abnormally high/low levels of social integration (integration of a group into mainstream society) Suicide rates are higher for widowed, single, divorced people; higher for people w/no children; higher for Protestants than Catholics (suicide is a sin) Suicide may be caused by weak social bonds (social integration & regulation) 4 types: 1. Egoistic Suicide: individual is weakly integrated into society; suicide will have little impact 2. Altruistic Suicide: Individual is extremely attached to society has no life of their own 3. Anomic Suicide: weal social regulation b/w society’s norms and the individual and is most often brought on by dramatic economic/social changes 4. Fatalistic Suicide: Social regulation is completely instilled in the individual. Feels that only way to escape the oppressive discipline of society is suicide. Durkheim thought that crime serves as a social function; it has a purpose in society o Crime is able to release certain social tension and therefore have a cleansing/purging effect o Crime is necessary and provided it does not exceed certain levels, the society is healthy -Sigmund Freud (1856-1939): Father of Psychology coined the term psychoanalysis in 1896 A proponent of the positivistic school of thought Psychoanalytic Theory: based on the belief that true change/growth comes from an individual becoming more self-aware by bringing unconscious thoughts, motivations, feelings into the conscious so that behavior is based more on reality than
instinct. Unconscious motivation, irrational forces, instinctual drives and psychosexual events occurring during the first 6 years of life determine behavior. o All humans are born with instincts (ex: food, shelter, warmth) o All humans have natural drives and urges repressed in the unconscious o All humans have criminal tendencies o Most common factor contributing to criminal behavior = faulty identification by a child with his parents The Oedipus Complex: a boy‟s desires his mother; a girl desires her mother but then directs her libido (love/sexual energy) towards her father Electra complex, proposed by Carl Jung; same sex parent becomes rival The Unconscious: made up of repressions too painful to remain in consciousness o Sublimation: rechanneling of drives that cannot be given an acceptable outlet The id: consists of all biological components of personality, including sex (life) instinct „Eros‟ and aggressive (death) instinct „Thanatos‟. The id is the impulsive/unconscious part of our psyche that responds directly to instincts. Newborns are all id and later develop ego and super-ego. The id operates on the pleasure principle (idea that every wishful impulse should be satisfied immediately, regardless of the consequences) and is not affect by reality/logic or everyday world The ego: mediator b/w unrealistic id and external real world. Works according to the reality principle (often compromising or postponing satisfaction to deal with id‟s de mands) Ego also seeks pleasure and avoids pain but is concerned w/devising a realistic strategy to obtain pleasure. Ego has no concept of right or wrong, good=achieving satisfaction w/o causing harm to itself or to id The superego: incorporates values/morals of society which are learnt from one‟s parents and others, develops around age 4-5 during phallic stage of psychosexual development, superego‟ function is to control the id‟s impulses, especially the ones that society forbids (sex and aggression), also functions to persuade the ego to turn to moralistic goals rather than simple realistic ones and to strive for perfection, consists of two systems o Conscience: can punish ego by making it feel guilt o Ideal self: an imaginary picture of how you ought to be, how to behave within society
