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CRM/LAW C7 Study Guide - Midterm Guide: Piper Kerman, Due Process, Scientific Method

Criminology, Law and Society
Course Code
Keramet Reiter
Study Guide

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Mid-Term Review
20 multiple choice questions (majority have seen in class, few is if we did
5 short answer questions (2-3 sentences and answer them)
Kraska & Brent chapter (micro, macro table in back that is a good review. Pick a
theory or two and explain it)
Basic Theories of Criminal Justice
1. What is the criminal justice system?
2. What purpose does the system serve?
3. What makes it just or unjust?
Purposes of Criminal Justice
Cullen & Gilbert (Ch. 1):
Classical v. Positivist theories
Based on DISTINCT set of ideologies for PUNISHMENT
Classical School
Beccaria and Bentham
Reform of criminal justice system, believe humans should be held
responsible for their actions because they possess free will,
punishment should fit the crime and not the criminal
Based decisions on RATIONAL thought
Everyone created EQUALLY so they can all think equally
To gain security & liberty, humans freely had to give up part of
their liberty
Punishment based on CRIME NOT ACT
Presumed innocent until proven guilty by a court of law
Make sure offender understands that crime does not pay by
ensuring punishment outweighs happiness
Crime is an individual’s CHOICE
Positivist School
Scientific study
Application of scientific method, crime is determined by factors
outside of the individual’s control, multiple factor causation (crime
caused by a number of complex variables), believed in
rehabilitation to effect change, emphases on offender rather than
Born criminal more primitive/biological traits on why a criminal
Social & environment factors in causation of crime
Crime is determined by factors outside of control of individual
Multiple factor causation/criminals do not freely choose their
criminal behavior
Rehabilitation as a solution
Focus on offender; punishment wont do anything
Constraints from other factors (drugs, mental illness, peer
influence, poverty, etc)
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Garland (Ch.2):
Individual v. Sociological Theories
Classical Theories
Make Laws
By passing laws we stop crime
Stop crime from happening (before it happens)
Same for everyone regardless of situation
Crime-focused (on the particular kind of crime)
Applies to everyone equally
More about the crime than about the person who committed the crime
Positivist Theories
Requires a judge
Judge makes individual decisions about case
The crime you committed was predetermined
Make you better (recover)
Punishment based on individual circumstances
Your behavior isn’t up to you
More focused on criminal and their situation rather than the crime
Individual v. Sociological
Individual: (Prescriptive)
Prescriptive: giving exact rules, directions, or instructions about how the
law should be applied or how the law works
What works? (Phenological)
Goal of punishment is to control crime
What is just? (Philosophical)
Punishment is a moral problem
Sociological (Descriptive)
How do specific penal measures come to be?
What social functions does punishment perform
How do penal institutions relate to other institutions?
Sociological Theories
Durkheim: morals
Punishment is a MORAL process to preserve shared values in society
NOT to control crime
Sentiment based
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