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CRIM THEORY NOTES (1).docx

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Department
Sociology
Course
SOC 2700
Professor
Norman Dubeski
Semester
Fall

Description
Soc: 2700 CRIM THEORY History of crime, part 1 1. Three types of crime explanation -External forces: nature, cosmology, and demonology -Internal causes –physiological (medical, pathological) based on diagnosis from doctor, illness, developmental -Group association social environment, social factors that determine the behaviours of individual 2. The objective-subjective debate a. Objective: behaviour is real b. Subjective: behaviour is constructed –society interprets behaviour through events, 3. The classical school of criminology 1600-1800 a. Tied to the enlightenment period b. Role of hedonism (self-interest) c. Importance of free will –no longer view of external (demonology, nature or physiological make up) causes for criminals in society d. Social contract – giving up some individual rights for rights to protect the greater good. Agreement to follow the laws to receive certain things – ex protection, police, health care. e. Role of punishment – should be justifiable, f. Utilitarianism (greatest good for the greatest amount of people) g. Philosophes (Voltaire, Arouet, Hobbes, Kant & Hume) 4. Cesare Beccaria (1738-94) a. Book: „On Crimes and Punishments‟ b. Classification of crimes: high treason, personal security and public tranquility c. Measure of crime: social harm d. Punishment and the right to punish i. Law – fixed codes of law ii. Authority of judges – clearly outline there limits and responsibilities e. Evidence and forms of judgement f. Punishment as a deterrent i. Promptness - ii. Severity – proportional to the crime being committed consideration based on whether it was the first time they committed a crime iii. Certainty – degree of the crime is to the degree of the punishment, certainty of being caught and punished. g. The death penalty: potential problems: expensive, not held accountable for their actions, no chance for rehabilitation. Beccaria wasn‟t sure if it was an acceptable form of punishment. h. Other ideas 5. Jeremy Bentham (1748-1832) a. Book: Principles of morals and legislation b. Similarities with Beccaria i. Utilitarianism ii. Happiness of the people iii. Punishment as a deterrent c. Panopticon concept i. Prison design ii. Surveillance society (today) iii. CCTV example History of Crime, part 2 The positivist school 1. The positivist school of criminology a. Early goals b. Rise of statistics c. August Comte (1798-1857) d. Founder of sociology as a science – the „grand‟ science e. Prediction of behaviour is the goal influenced by evolutionary theory 2. Emile Durkheim (1858-1917) + a. Stages of development i. Rejects biology and psychology ii. „Social facts are explained by social facts‟ – crimes must be explained using social facts, b. Stages of development i. Two solidarities: mechanical (pre-modern) and organic (modern) 1. Mechanical: repressive law with severe punishment – believe that the person was aware of the wrongdoing but did it anyways, ex. Steal a horse &get hung no exceptions, swift. 2. Organic: restitutive law with less violent punishment c. Durkheim: laws as functional i. Rapid social change: creates problems ii. Constraints on the person: weak integration (egoism) and weak regulation (anomie)- without norms d. Durkheim: Deviance on the rise i. Crime is rooted in the social structure ii. Controls are not fully successful e. Durkheim: suicide i. Suicide study: result of social change and the social structure ii. Two types of suicide: anomic and egoistic iii. Prevention strategies? iv. 3. Some distinctions between positivists and classical theorists. Positivists hold to the following ideas a. Determinism b. Definition of abnormal people c. Objectivity d. Multiple causes of crime e. Consensus f. Rejection of free will g. Crime to be treated Biology and crime 1. Cesare Lombroso (1835-1909) „Theory of a criminal man a. Some ties with biology and crime b. Wanted to use positivism: can we predict crime? c. Atavism as an idea a label that this criminal is less evolved then the rest of society d. Who were considered atavistic? Flat nose, hook nose, few lines in palm of hands, short or long arms, small or large hands ETC e. Stigmata – savages not humans f. Born criminal 2. Lombroso‟s classification of criminals a. Categories on pg. 39 of text 3. Solutions? Crime Prevention Strategies a. Prison: keeps criminals off the streets 4. 5. Born criminal theory: physiognomy a. Developed by john Caspar Lavater (1741-1801) b. Facial features used to judged moral character c. Nose, earlobes, eyes, chin lines, beards, etc. 6. Born Criminal Theory: Phrenology a. Founders: Franz Joseph Gall (1776-1828) and Johann Casper Spurzheim b. Mapped areas of the outside skull c. Areas indicative of brain function d. Certain areas indicated criminality 7. Born Criminal Theory: Craniometry a. D
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