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[CRM/LAW C7] - Final Exam Guide - Everything you need to know! (68 pages long)


Department
Criminology, Law and Society
Course Code
CRM/LAW C7
Professor
Ana Muniz
Study Guide
Final

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UC-Irvine
CRM/LAW C7
FINAL EXAM
STUDY GUIDE

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Lecture 1
I. Theories of Crime and Punishment
a. Criminological (Focuses on the Individual)
i. Classical
ii. Positivist
iii. Why and how?
b. Sociological (Focuses on System)
i. Why is the system as it is?
II. Classical School
a. Founded in 18th century
i. Harsh punishments
1. E.g. Torture and execution
b. Believed that people. . .
i. Are equal
ii. Have free will thus they are held responsible for their actions
iii. Are rational/utility driven
1. They run the cost/benefit analysis
c. It is people nature to want pleasure and avoid pain or cost
d. View of the system
i. Punish just severely enough to increase the cost side
ii. Punishment must be swift and certain
iii. Prioritize prevention of crime, rather than Punishment
1. They do’t support torture o the idea of a eye for a eye
iv. Focus o the crie ad ot the criial
1. Everyone receives the same punishment because we are all equal
v. Legislate punishment -> Lawmakers should set sentences and judges
should not interfere or do as they wish
1. E.g. Manslaughter vs Murder = same punishment
vi. Increase in cost, decrease in benefit
e. System -> Cost
i. How likely am I to be punished? How quickly?
ii. Deterrence
1. To prevent crime from being committed again
a. Believe that everything should go to deterrence
2. Types of Deterrence
a. Specific/Special Deterrence -> individual
b. General Deterrence -> everybody (a group) watches
punishment to change behavior.
III. Positivist
a. 19th century Italy
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b. Lombroso
i. Thought that different skulls originate in those who commit crime and
those who do not.
c. “cietific ethod to study of criials
i. Because of this we can predict and intervene
d. View of Human nature
i. People are. . ..
ii. Biologically born criminals
iii. Do’t hae free ill -> No punishment
iv. Do’t practice ratioal/choice
e. Determinism
i. Crime is determined by factors outside control of individual
ii. Determining factors
1. Biological (Genetics)
2. Psychological (Personality Disorder)
3. Environmental (Abusive Home or childhood)
f. View of System
i. They should ot puish…ieffectie
ii. Rehabilitate
iii. Medical Model-treatment vs. Individualized treatment
iv. Find defect and correct it
v. Focus on the "criminal" not the "crime"
vi. Prioritize individual assessment and judicial discretion
1. Judges should have choice on punishment
g. Have special deterrence because they rehabilitate and focus on INDIVIDUAL
treatment
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