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CRIM 2650
Anita Lam

TH READING FOR SEPTEMBER 13 , 2012 Lily Ch. 1 Contact and Consequence of Theory - Crime commentary succumbed to the temptation ot exaggerate and sensationalize, to suggest crimes exceptionally lurid and injurious compose the bulk of America’s crimes - Reports from media of killing happens so often that we are desensitized to violence - Crime is prevalent in society, with much of it being unreported - In most affluent industrial societies, deliberate killing is a rare event Theory in Social Context - Many people believe that crime is caused by factors such as unemployment, bad family life, and lenient courts - Social experiences shape the ways in which people think about crime o Colonists living in a religious society “made sense” to attribute crime to demons to control those who fell prey to temptations of sin - Arrogance allows us to accept interprotations as correct  speaking negatively of how our predecessors acted against crime o Thoughts about crime is conditioned from social experiences Theory and Policy: Ideas have Consequences - Understanding why crime occurs is a prelude to developing strategies to control behaviour - Theoretical perspectives transform a mass of raw sensory data into understanding, explanations, and recipes for appropriate action - Different theories suggest different solutions to reducing crime EG. Humans = Animals = Cages - Support for criminal justice policies will collapse if theory on which they are based on no longer makes sense Context, Theory, and Policy - There is an interconnection among social context, criminological theory, and criminal justice policy making A Little Detail of Oncoming Chapters - Control Theory: how crime occurs when control is weakened - Differential Association Theory: How crime occurs when individuals learned cultural definitions supportive of illegal conduct - Anomie-Strain Theory: how crime occurs when people endure strain of being thwarted in their efforts to achieve success - Labelling Theory: main cause of stable involvement in crime is not society, but rather the very attempts made to reduce crime by stigmatizing offenders and processing them through criminal justice system - Routine Activity/Environmental Theory: crime is understood as an “event” that involves not only a motivated offender, but the opportunity to break the law TH READING FOR SEPTEMBER 20 , 2012 Lilly: Pg. 15-22 - Theories DO influence the policies and practices found in criminal justice systems - Explanations of crime are influenced by social context from which they come - Crimewarps: “the bends in today’s trends that will affect the way we live tomorrow” o Benett identified six “warps”  “The new criminal”  traditional criminal is poor, undereducated, young male - Crime trends very hard to predict accurately - Because she knew the present trends, Bennett believed she could predict future trends, but failed because it is IMPOSSIBLE TO UNDERSTAND CRIMINILOGICAL THEORY OUTSIDE SOCIAL CONTEXT Spiritualism - Stressed the conflict between absolute good and absolute evil o Offenders thought to be possessed by evil spirits, referred to as sinful demons - EXAMPLE: punitive people explained floods, famines as punishments by spirits for wrongdoings - Middle ages in Europe, spiritualistic explanations became organized (conntected to the political and social structure of feudalism o Developed because, originally, crime = private matter between offender and victim  This would create blood feuds o A guilty offender with a strong family may not be punished - Solutions: o Trial by Battle: victory would go to innocent if they believed/trusted in God o Trial by Ordeal: determined guilt/innocence by life threating/painful situations  God would save them if they were innocent o Compurgation: reputable people swear on oath of guilt/innocence  No one would lie under oath for fear of God’s punishment - Problem with spiritualistic explanations is that they can’t be tested scientifically - Naturalistic theories: based on physical world o Seek explanations are more specific and detailed The Classical School: Criminal as Calculator - Emphasis on the individual criminal as a person capable of calculating what they want to do - Supported by philosophy that said humans had free will and that behaviour was guided by hedonism o Pain-and-pleasure principle  risks and rewards involved in their actions - Punishment should be suited to offense, not the criminals social/physical characteristics Cesare Beccaria (1738-1794)  Italian mathematician and economist - “Crimes and Punishments” - Death by execution in early 18 century London took place every 6 weeks 1. To escape war and chaos, individuals gave some of their liberty and established a contractual society o Establishing sovereignty and ability of nation to create criminal law and punish offenders 2. Criminal law should not be employed to enforce moral virtues o Prohibiting unnecessarily human behaviour was to increase not decrease crime 3. Presumption of innocence should be guiding principle in all stages 4. Complete criminal law code should be written and define all offenses/punishments in advance 5. Punishment should be based on retributive reasoning 6. Severity of punishment should not go beyond what is necessary for crime prevention and deterrence 7. Punishment should fit the crime, not the criminal 8. Punishment must be a certainty and inflicted quickly 9. Punishment cannot be to set an example or to reform offender 10. Offender viewed as independent and reasonable, weighing consequences of the crime 11. Better to prevent crime, than punish those who commit them TH READING FOR SEPTEMBER 27 , 2012 Lilly Ch. 13 - Criminality (orientation to commit crime) develops over time - Believed that environment they are raised in will determine their actions o Crime implicitly assumed to be inevitable - Instead, theorists see offenders as active, thinking participants in their criminal ventures  they make decisions and choices - Opportunity theories: no crime can be committed unless opportunity to commit crime is present - Rational choice theory: offenders “rational” decisions they make o Want: immediate gratification, little effort of action, little risk of detection - Perceptual Deterrence Theory: how choices are affected by perceptions of if they will be caught/punished - Routine Activity Theory: crime can occur from every day routines as they go about their lives - Situational Crime Prevention  if opportunity is necessary for crime to occur then crime can be reduced by removing the opportunity Routine Activity Theory: Opportunities and Crime - Even if offenders have a desire to commit crimes, they cannot do so unless the opportunity to break the law was present - Distinction between criminality and crime is not trivial but rather consequential - Criminality – the motivation or predisposition to offend – may matter, but such willingness to break the law cannot be automatically translated into concrete criminal act - Environmental criminology examines how features of the physical and social environment present or limit criminal opportunities - Focus on opportunity suggests a pragmatic approach: decrease opportunity for offenders, crime will be reduced - Felson (routine activity theory) used the term “pestilence fallacy” to describe tendency of criminologists to treat crime “as one of many evils that comes from other evils in society” - Most individuals like to think that they are fundamentally different from serious offenders in their willingness to commit crimes - Crime can be prevented meaningfully without a major cultural or social revolution  add a few locks or smthg The Chemistry for Crime: Offenders, Targets, and Guardians - “chemistry for crime” requires all of the necessary ingredients - Each successful completed violation minimally requires an offender with both criminal inclinations and the ability to carry out those inclinations o First, there must be “a person or object providing a suitable target for the offender” o Second, there must be an “absence of guardians capable of preventing violations” - For these transgressions to take place, the three essential ingredients – motivated offenders, suitable targets, and an absence of guardianship – must converge in time and space - Major determinant of this convergence was the routine activity of people in society - Term routine carried two meaning o Technical term referred to the everyday activities that people in society followed o Implicitly, the term meant to imply the mundane in life, not the special or abnormal - Substantial increases in the opportunity to carry out predatory violations have undermined society’s mechanisms for social control - Key reasons for rises in predatory offenses was that since WW2, US experienced major shift in routine activities away from homes o Homes were left unattended, becoming candidates for burglary o With more time travelling around, more chances arose for coming in contact with motivated offenders - Property crimes  offenders looked for things that were expensive, durable, and portable - Routine theory tends to ignore the potential role of poverty and inequality in generating crime opportunities - Theory failed to develop systematically within his theory how the political economy shapes illegal opportunities and shapes the social distribution of crime - Key routine activity that fosters crime is time spent in unstructured socializing with peers, especially without authority figures present to supervise them  exposing youth to situations likely to offer lure and opportunity for crime and other deviant activities View of Offenders - Crime is less likely to occur when it is made less attractive o Offenders are guided by the lure of quick pleasure and avoidance of imminent pain - From a rational choice perspective, limitations placed on opportunity are “costs” that reduce “expected utility” of crime - Because crime events involve the interaction of offenders and targets in time and space, scholars argue that it is necessary to study not just the routines of potential victims but also the routines of potential offenders and how they select their targets to victimize  often called offender search theory - Offenders generally engage in patterned behaviours, typically travelling to certain areas but not others and traveling only so far from home  develop cognitive maps of their environment o Also evolve “mental templates” – holistic conceptualizations based on experience and routines used to predefine what a suitable place/good opportunity would be Policy Implications: Reducing Opportunities for Crime - Routine activity theory forgoes any thoughts of how steps might be taken to change the criminality or motivations of lawbreakers  also no thought given to rehabilitation - When cities are designed so that public places are deserted or not crowded, guardianship decreases and opportunities emerge for “barbarism to take over many city streets” - Oscar Newmann  design of residential environments such as public housing, might reduce criminal opportunities by creating “defensible space” - Idea is to “design out crime” - To make crime less attractive (based on Clarke’s findings): 1. First, there are strategies to increase the effort needed to commit a crime  effective physical barriers to crime, such as higher fences on property 2. Strategies to increase the risks of attempting to commit a crime  a host of ways of increasing the chances of detection, such as installing burglar alarms 3. Strategies aimed at reducing the rewards of crime  limiting the cash kept in a store - Felson suggested that blocking crime opportunities can be heightened through three strategies: 1. Natural strategies  space is designed in such a way people are channeled to go where they will do no harm o Entering doors where surveillance is high 2. Organized strategies  security guards are hired for the express purpose of making crime difficult 3. Mechanical strategies  alarms, cameras, and other hardware are employed to control access and provide surveillance - CRIME TRIANGLE: o Offenders have “handlers” (people they know)  because of mutual bonds, offenders won’t break law in front of these individuals o Targets have “guardians”  person is a guardian over his or her own property, or friends providing mutual protection, discouraging potential offender of a predatory crime o “managers” are those who are responsible for proper functioning of a particular place  even if preventing crime is not in their minds, their presence can discourage offender from considering the spot to victimize - Crime prevention is most effective when it is a permanent and/or natural feature of a place location - Few evaluations of crimes prevention programs systematically take into account what is known as “displacement effect” o Possibility that when crime is made more difficult in one location, offenders will move on and commit their crimes in another location  crime is not reduced, it is repositioned Rational Choice Theory - Leniency is seen as the chief cause of crime, and more certain and lengthier prison terms are seen as the chief solution to the lawlessness in society - Rational choice theory leads to a preference to control crime not through state criminal sanctions but through more informal situational crime prevention Rational Choice and Crime - People bring with them background factors that include many of the influences articulated by other theories of crime, such as temperament, intelligence, cognitive style, family upbringing, class origin, neighbourhood context, and gender - These factors create “criminal motivations – deep rooted inclinations or dispositions to commit crime” - The problem with traditional theories is that they stop their analysis of crime causation at this point, but in the end crime is not simply due to underlying motivations or predispositions o crime also involves a concrete choice or a sequence of choices that must be made if motivations are to result in actual criminal act - Rational choice perspective urges to take seriously how offenders think to predict when criminal events occur - Focus on: decision to commit a crime, how area is chosen, how targets are chosen, steps taken to avoid detection, and how offenders decide to recidivate (relapse) - Decisions offenders make are “purposive”  deliberate acts, committed with intention of benefiting offender o Rationality is “bound” to offenders  choices made on limited info, under pressure, etc - Offenders generally doing best they can within the limits of time, resources, and info available to them - Approach to reducing crime: situational crime prevention o Crime is prevented not by changing offenders but rather by changing aspects of the situations in which offenses typically occur - Proposes to study offenders not as empty vessels but conscious decision makers who weigh options and act with a purpose  PROBLEM: offenders treated as though only decision makers Are Offenders’ Choices Rational? - Appearances of rationality are potentially misleading - Although offenders made conscious choices, offending did not appear to be an independent freely chosen event so much as it was part of a general flow of action emanating from and shaped by their involvement in “street culture” - From a larger perspective, one might question how rational the choice of persistent offending is when the lifestyle often knifes off conventional opportunities and rewards and leads to a life characterized by risks of violence, injury, drug abuse, addiction, arrest, and imprisonment - Because no standards are presented to judge rationality, no “choices” can be shown to be nonrational o In essence, the thesis that offenders make rational choices becomes an assumption that is difficult, if not impossible, to falsify - Social psychology has long demonstrated that people’s decisions are systematically biased by the methods or shortcuts they employ when making decisions - When assessing risks in certain situations, human brains are not designed to weigh all information in a rational fashion - Humans depend on heuristics  heuristics allow them to make decisions quickly and are psychologically comforting; requiring less effort and “feel right”  these choices would be seen as irrational Perceptual Deterrence Theory - This approach proposes that individuals refrain from breaking the law when the costs outweigh the benefits - Decision to offend depends on the perceptions of costs and benefits and not on actual or objective risks of being sanctioned or gaining rewards - Perspective differs from rational choice theory in three ways: 1. Perceptual deterrence perspective does not assume rationality  perceptions lead to behaviour 2. Traditionally focused more on perceptions of legal punishments 3. Policy proposals from perceptual deterrence theory are often unstated or unclear - Theory lacks a situational focus and thus is largely silent on the efficacy of informal crime prevention strategies - It should matter more what individuals thought were their chances of getting caught (certainty) and what they thought would happen to them after they were caught (severity) - Easy to test empirically - Perceptual deterrence due to legal sanctions is likely a weak cause of crime whos effects are dwarfed by a range of other factors - For Perceptual deterrence theory to contribute meaningfully to our understanding of rime, it must develop a richer perspective of how deterrence is specified by the nature of costs and benfits, individual differences, and complex ways in which perceptions are formed and influence behaviour - Three general categories of what scholars refer to as “non-legal costs” 1. Stigma of arrest (social degradation and loss of respect due to being caught) 2. Commitment costs (cost of future goals such as employment and education) 3. Attachment costs (loss of friends) - Also have “socially-imposed costs” (embarrassment or loss of respect), and “self-imposed costs” (feeling of shame or guilt) - Perceived benefits of crime (fun, excitement, revenge, respect) may be positively related to criminal involvement - Evidence that people who are low in self-control, present-oriented, and/or impulsive see the rewards of crime as more attractive, and costs of crime as less important o Utility and consequences not judged equally by everyone – filtered through people’s personalities - Perceptions of certainty might decrease due to a phenomenon called “resetting” o Gambler’s fallacy  bound to win eventually - Four potential sources of perceptions: direct punishment, indirect punishment, direct avoidance of punishment, and indirect avoidance of punishment - Perceptions are not static, but dynamic  always being updated as experiences with punishment change Lilly  Page: 315-316 Choosing to Be Criminal: Crime Pays - Rational choice theory proceeds on assumptions that individuals operate by rational decisions expected to maximize profits and minimize loses - Central thesis is that people commit crime because it “pays”  benefits outweigh the costs - This explanation of crime has helped to justify numerous “get tough” policies that have increased harshness of punishments given to offenders o Make costs of offending surpass the benefits - If punishments are not working, it merely means that they are not raised high enough - Most crimes are not irrational acts, instead they are committed by people who at least implicitly compare the expected benefits with the expected costs, including the costs of being caught and punished - Among other sociological variables, unemployment and poverty are stronger predictors of crime than are many measures of punishment - Longer sentences do not deter offenders more than community-based sanctions Lilly  PAGE: 22-37 The Positivist School: Criminal as Determined - Significant difference between classical school and positivist school is search for empirical facts to confirm the idea that was crime was determined by multiple factors th - 19 century’s first positivists wanted proof that crime was caused by features within the individual The Birth of the Positivist School: Lombroso’s Theory of the Criminal Man - Considered the Father of modern criminology - Believed truly in biology  humans’ origins as creatures were connected to the rest of the animal world through evolution - The objective search for explaining human behaviour meant disagreement with free will philosophy o Become interested in psychiatry, sustained by close study of the anatomy and physiology of the brain - While being an army physician he developed that idea that diseases, especially cretinism and pellagra, contributed to mental and physical deficiencies which may result in violence or homicide - Documented physical differences among inhabitants from various regions of Italy - Believed that tattooing was a distinguishing characteristic of criminals - Criminals represent a peculiar physical type distinctively different from that of noncriminals - In general, he claimed that criminals represent a form of degeneracy that was manifested in physical characteristics reflective of earlier forms of evolution o Criminals were atavistic  throwbacks to an earlier form of evolutionary life - Classified criminals into four major categories 1. Born criminals or people with atavistic characteristics 2. Insane criminals  including idiots, imbeciles, etc 3. Occasional criminals or criminaloids  crimes explained by opportunity 4. Criminals of passion  commit crimes because of anger, love, or honour, propelled to crime by irresistible force - Each new edition that he released gave more attention to environmental explanations - Phrenology: shape of an individual’s head could explain his or her characteristics - Demonstrated the importance of examining clinical and historical records, and emphasized that no detail should be overlooked when searching for explanations of criminal behaviour Lombroso’s Legacy: The Italian Criminological Tradition - Enrico Ferri came to be one of the most influential figures in the history of criminology - Gave more emphasis to the interrelatedness of social, economic, and political factors that contribute to crime - Argued that criminality could be explained by studying interactive effects among physical factors, individual factors, and social factors - Believed crime could be controlled by social changes - Advocated subsidized housing, birth control, freedom of marriage, divorce, and public recreation facilities - Began to believe in fascism because it offered a reaffirmation of the state’s authority over excessive individualism - To create change, he believed people had to be legally responsible and not just morally responsible to God o Called for the state to act “scientifically” in matters of social policty - Raffaele Garofalo  remembered for his pursuit of practical solutions to concrete problems located in the legal institutions of his day and for his doctrine of “natural crimes” - Theoretical arguments on nature of crime and the nature of criminals were consist with social Darwinism - Argued that because society is a “natural body”, crimes are offenses “against the laws of nature” - Natural Crimes  acts that no society could refuse to recognize as criminal and to repress by punishment o These offenses violated two basic human sentiments  1. Pity  revulsion against the voluntary infliction of suffering on others  2. Probity  respect for the property rights of others - Believed that these two sentiments appear more or less in advanced form in all civilized societies - Also believed that some members of society may have a higher than average sense of morality because they are “superior members of the group” - Argued that criminals lacked true altruistic sentiments  criminals had psychic or moral anomalies that could be transmitted through heredity - Reasoned that because true criminals’ actions reveal an inability to live by rh basic human sentiments necessary for society to survive, they should be eliminated  deaths would contribute to the survival of society o Lesser criminals’ form of elimination would be life imprisonment or overseas transportation - By giving society or the group supremacy over the individual, garafalo and ferri were willing to sacrifice individual rights to the opinions of “scientific experts” The Continuing Search for the Individual Roots of Crime - Kretschmer’s study identified four body types: asthenic, athletic, pyknic, and mixed unclassifiable types - Based on white male inmates in penitentiary: o Pyknics were more likely than asthenics or athletics to have been convicted of fraud, violence, or sex offenses o Asthenics and athletics were more likely to have been convicted of burglary, robbery, or larceny - Hooton stated that criminals are inferior to civilians in nearly all of their bodily measurements - Low foreheads indicated inferiority and that a depressed physical and social environment determined negro delinquency to a much greater extent than it does for whites - Sheldon studied youth’s and classified the boys’ physiques by measuring the degree to which they possessed a combination of three different body components: endomorphy (soft, fat), mesomorphy (muscular, athletic), and ectomorphy (skinny, fragile) - Concluded that because youths came from parents who were delinquent in very much the same ways the youths were, the factors that produce delinquency is inherited - Psychogenic Causes of Crime o Search for causes of crime is directed to the mind - Seek to explain crime by focusing on the personality and how it was produced - Freud argued that if an explanation can be found for normal behaviour, then surely it could also explain crime o Believed that all behaviour is motivated and purposive o Not all desires and behaviour are socially acceptable, so they must be repressed into the unconsciousness of the mind for the sake of morality and social order o The result is that tensions are created between the unconscious ID (reservoir of aggressive biological and psychological urges) and the conscious ego (controls and molds the individual) o Superego: force of self-criticism that reflects basic behaviour requirements of a particular culture o Crime is a symbolic expression of inner tensions that each person has but fails to control. It is an acted out expression of having learned self-control improperly - Researchers would believe that some children don’t develop superego’s, operate on the “pleasure principle”, develop delinquent ego’s, and develop antisocial behaviour which makes them prone to delinquency - Feeblemindedness, insanity, stupidity, and dullwittedness were thought to be inherited - Recent scholars argue that low IQ is a central cause of criminal behaviour The Positivist School and the Control of the Biological Criminal - Darwin’s theory not only offered revolutionary new knowledge for the sciences but also helped to shatter many philosophies and practices in other areas o It commanded so much attention and prestige that the entire literate community felt ‘obliged” to bring his world outlook into harmony with their findings - It was argued that any policies that advocated government-sponsored social change would, if executed, actually be an interference with nature  best approach was “let nature take its course” - Policies designed for equal treatment were opposed - Social welfare meant keeping the survival of people who were negligent, and retarding individual and national economic development - Eugenics Movement: o Inheritance could explain the presence of simple and complex human behaviour characteristics o Reinforced the ideas of biological determinism and contributed greatly the argument that many of the th social problems of the late 19 century, such as conflict over wages, could be traced to genetic inferiority of foreigners who were working in the United States o Between 1911-1930 many states established laws requiring sterilization for behaviour traits thought to be determined genetically  Laws targeted behaviour such as criminality, alcoholism, sodomy, bestiality, feeblemindedness, and tendency to commit rape  result was sterilization of 64,000 people  Many states passed laws permitting psychosurgeries  Certain states disallowed marriages between African americans and whites, along with whites and Asians  Passed the Immigration Restriction Act  directed explicitly to a population of people thought to be biologically inferior The Positivist School and Criminal Justice Reform - If one assumes that the causes determining crime are changeable, example unemployment, then the policy implications are much more optimistic - The challenge is to rehabilitate offenders so that they might rejoin society as “normal” citizens - Lombroso dreamed of having a criminal justice system that reacts to offenders according to their degree of innate dangerousness - Troubles of criminals could be rectified through counselling or by fixing the social environments in which they lived - In first two decades of 20 century, states began to establish separate juvenile courts to “save” children from lives of crime - Efforts were made to make release from prison based on the extent to which a person had ben rehabilitated, not on the nature of the crime - Probation and parole began to be implemented - Some criminologists believe that the discretion given to criminal justice officials allowed offenders to be abused - Meanwhile, others believe rehabilitation has helped humanize a system that is punitive by nature Kit: “Social Change and Crime Rate Trends” - Structure of everyday life activities influences criminal opportunity and therefore affects trends in a class of crimes referred to as direct-contact predatory violations - Predatory violations: illegal acts in which someone definitely and intentionally takes or damages the person or property of another - We do not examine why individuals or groups are inclined criminally, but rather we take criminal inclination as given and examine the manner in which the spatio-temporal organization of social activities helps people to translate their criminal inclinations into actions - Three temporal components of community structure 1. Rhythm  periodicity with which events occur 2. Tempo  number of events per unit of time 3. Timing  coordination among different activities, such as coordination of an offender’s rhythms with those of a victim - Timing of work, school, and leisure may be of central importance for explaining crime rates - Empirical evidence indicates strong spatial variations over community areas in crime and delinquency rates - Criminologists have underemphasized the importance of the convergence of suitable targets and the absence of capable guardians in explaining recent increases in the crime rate - The very factors that make life enjoyable, are the same factors that increase the rates of crime Kit: “Editor’s Introduction - Theory of the born criminal  dangerous individual marked by what he called “anomalies”, physical and psychological abnormalities - These anomalies resembled the traits of primitive peoples, animals, and even plants, proving that the most dangerous criminals were atavistic throwbacks on the evolutionary scale - Urged that the severity of the crime should be determined by the dangerousness of the criminal - Many of his views were not racist, they were standard and rooted in humanitarian impulses - As an early student of prison culture, Lombroso analyzed poems, graffiti, and the shape of inmates script for clues to their moral character - Proof results not from following a rigorous and clearly defined methodology, but from the accumulation of examples, no matter how disparate - Criminal is a diseased person, criminologist has to be creative in locating and reading the symptoms - Mattoid: self-fashioned prophets and revolutionaries who rise from the lower classes to spout utopian ideas - Believed inmates should live and work in separate cells to prevent communication and moral contamination - Believed that capital punishment in this social Darwinist view, would simply accelerate natural selection, ridding society of the unfit - Believed prostitution was the typical form of female crime o Women did not pose great threat to society, so they only deserve mild punishment - Believed in divorce to rid females of abusive or criminal husbands without resorting to domestic homicide - Seen all children as criminal because they display atavistic psychological traits such as vanity, cruelty, laziness, fickleness, and dishonesty - Believed, in regards to tattoos, that images signify atavism, vanity, and kinship with savages o Links science and art, operating simultaneously on the visual and narrative levels, drenching objects with symbolic meanings Kit: “Excerpts from Criminal Man” - A few skulls with open sutures had a large cranial capacity, but others had a small one accompanied by many monkeylike anomalies - Criminals have the following rates of abnormality: 61 percent exhibit fusion of the cranial bones, 92 percent prognathism or an ape like forward thrust of the lower face, 63 perceptn overdevelopment of the sinus, 27 percent cranial thickness, 9 percent open mediofrontal suture, 20 percent a large jawbone, 25 percent a receeding forehead, 74 percent wide or overdeveloped cheekbones, 45 percent overly large wisdom theeth, 59 percent small cranial capacity - Criminals appear to be taller than the average Italian - Criminals with beautifully sculpted skulls are misleading, and have uncommon intelligence - Although there may not be a noticeable fierce look in offenders, there is nearly always something strange about their appearance - Criminals are more energetic when they work continuously than in situations that permit them to be idle - Female criminals tend to be masculine - Criminals tend to resemble savages and the coloured races - Found that in both male and female criminals they have an insensitivity to pain, lack of moral sense, revulsion for work, absence of remorse, lack of foresight, vanity, superstitiousness self-importance, and an under-developed concept of divinity and morality - Theory of social defense in lombroso’s eyes: offenders should be incarcerated to protect society - Brain malnutrition and poor nerve conductivity are also causes of crime - Arrested development theory: the cause of physical and psychological pathology, explaining the infinite variety in the combinations of criminality and moral insanity - Brief and repeated prison sentences should be avoided because prison is a school for crime o Probation system o Elmira reformatory (takes people ages 16-30 who committed non-serious crimes  creates individual program of reform o Criminal insane asylums - Punishment should vary according to whether the criminal is young or old; male or female; a country or city dweller; and a criminal of passion, occasional criminal, born criminal, or insane criminal - Abortion should only receive a judicial warning because: o Abortion does not undermine family order o Abortion does not violate legal protection of bodily inytegrity o Society derives no advantages from the birth of illegitimate children o It is contestable whether the fetus is a social being - Same reasons above go for infanticide - Nothing to be gained by sending the elderly to prison when they are already crippled and unable to commit harm - For crimes of passion punishment should be  remorse provoked by crime is already a punishment in itself - For political criminals punishment should be  if there is a crime that merits neither the death penalty nor serious punishment then it is a political crime  mental hospitals because they are usually mentally insane - For occasional criminals punishment should be  punished by fines - Adultery  should constitute only a misdemeanor - Criminaloids  suspended sentence accompanied by bail, a judicial warning, and payment of damages or forced labour - Habitual criminalsl  should be treated like born criminals  treated by dangerousness of offender - Insane criminals  insane asylums only solution - Incorrigible criminals and born criminals  must be interned in special institutions for the incorrigible  second time recidivists be condemned to lifelong penal servitude - Death Sentence  when criminals repeat bloodthirsty crimes for the third or fourth time, despite being punished, there is no choice but to resort to that extreme form of natural selection READING FOR OCTOBER 11 , 2012 TH Lilly  Chapter 14 The Search for the “Criminal Man” Revisited - Biology, in the form of Darwinism, had become the most fashionable science of the late 19 century th - Social Darwinism of the early 20 century made it plausible to trace criminality to some form of biological inferiority or “unfitness” - Biology had lost most of its influence because it was due to the realization that social Darwinism had been used as an excuse to blame the victim - Biological sciences were also eclipsed by the scientific prominence of natural sciences such as physics - E.O. Wilson, in his new book, believed that virtually all of human behaviour could be understood as biologically determined activities of individuals directed toward reproduction so that their “selfish” genes would be passed on to future generations - In 2005, the Human Genome Project was complete o Forensic courses proliferated in criminal justice programs o CSI is focused on employing all sorts of biological and technological techniques - Those advocating a biological approach to crime or criminality sometimes describe serious difficulties faced due to academic misunderstandings of their work by criminologists with little knowledge of biology - The question is whether there are truly distinctive criminals, a dangerous class of people who are inherently wicked and beyond redemption - For biological theorists, everything that is not specifically genetic is “environmental” Evolutionary Psychology: Darwin Revisited Theoretical Diversity - Cheater Theory  argues that some males have evolved alternative reproductive strategies that unconsciously ensure that their genes are passed on to succeeding generations o Use force or deception to impregnate females o In reference to Darwinian theory, some males may develop “cad” behaviour as a result of environmental experiences while others inherit the tendency - r/K Theory (differential K theory)  stresses that organisms vary in their approaches to reproduction, with rapidly producing organisms following an “r strategy” emphasizing production of large numbers of offspring without spending much time caring for each one, while other organisms follow a “K Strategy” involving slower reproduction with careful devotion to each offspring o criminal behaviour would be more associated with “r strategy” - conditional adaptation theory  antisocial behaviour is part of an overall adaptive response to an unstable or hostile environment o argues that in an adaptive response designed to ensure reproduction, children who live in such environments will enter puberty early and engage in early sexual activity o suggests that development of a stable, caring environment would reduce, if not eliminate, these antisocial adaptations o assumes humans have essentially that same genetic potential for antisocial behaviour - Alternative Adaptation Theory  assumes some people inherit a greater tendency to engage in antisocial behaviour o Said to be individuals who are driven more by mating urges than by parenting urges o Should be individuals of lower intelligence who are aggressive sensation – seeking types with a strong sex drive - Evolutionary Expropriative Theory  all humans have an equal genetic potential for antisocial behaviour o Theory asserts that humans are genetically driven not only to seek mates but also to acquire res
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