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CCJ3024 Tests 1 -8 Questions /answers and Study Guides 1 -8 Why has crime decreased since 1993? Baby -boomers have "aged out" of crime, What 2 competing interests do court decisions weigh? individual rights and public rights "Justice is not always fair but it is just" Where is the Bill of Rights? Which one protects against unreasonable search and seizure? 1st 10 Amendments to the constitution, 4th What are the "levels of certainty for 1) detention 2) arrest 3) conviction? 1) reasonable suspicion, 2) probable cause, 3) beyond a reasonable doubt, Probable Cause Be able to articulate why they think the person probably committed a specific crime When is Miranda necessary? 1) in custodial interrogation 2) if talking about the crime Who signs a warrant? What is the level of certainty? A judge, pr obable cause Good faith exception In United States constitutional law, the good -faith exemption (also good -faith doctrine) is a legal doctrine providing an exemption to the exclusionary rule. When the officer is acting in "good faith" that the person is not committing a crime within a premise Exclusionary Rule The exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law. Preliminary Hearing Within some criminal justice systems, a preliminary hearing (evidentiary hearing) is a proceeding, after a criminal complaint has been filed by the prosecutor, to de termine whether there is enough evidence to require a trial. (probable cause) Uniform Crime Report The Uniform Crime Reports (UCR) contain official data on crime that is reported to law enforcement agencies across the United States who then provide the d ata to the Federal Bureau of Investigation (FBI). National Crime Victim Survey Survey which goes to specific household to question them about how crime has effected/touched their lives Schedule 1 Drugs No acceptable medical use, not available with pres cription Most Common Drug in STL? Cocaine Is Not Guilty By Reason of Insanity a Good Defense strategy? Probably not M'Naughten Test The M'Naghten Rules (pronounced, and sometimes spelled, McNaughton) were the first serious attempt to rationalize the attitude of the criminal law towards mentally incompetent defendants. States that if a person cannot, at the time a crime is committed determine right from wrong they are "insane" (Missouri) Durham Test Mental disease of defect (Illinois) Are Hyper Mal es (XYY) more prevalent in prison populations? no Id pleasure principle Ego the go between Super -ego Conscience the "angel" Poverty line $21,834 for a family of 4 Differential Association Theory In criminology, Differential Association is a theor y developed by Edwin Sutherland proposing that through interaction with others, individuals learn the values, attitudes, techniques, and motives for criminal behavior. but can vary in frequency, duration, priority, and intensity Mens Rea In criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a crime. Actus Rea Guilty Act Incohate preparing or seeking to commit another crime Corpus Delecti Corpus delicti (plural: corpora delicti) (Latin: "body of crime") is a term from Western jurisprudence which refers to the principle that it must be proven that a crime has occurred before a person can be convicted of committing the crime. Body Typology Dr. William Shelton Ectomorph skinny Endomorph fat Mesomorph muscle, crime Burglary Burglary (also called breaking and entering and sometimes housebreaking) is a crime, the essence of which is entry into a building for the purposes of committing an offence. Robbery Forcibly taking or attempting to take the belongings of another Forcible Rape In criminal law, rape is an assault by a person involving sexual intercourse with another person without that person's consent. Motivated by power, control Where do you find Missouri Statutes online? Too many, no t online, some not all Crime Rate Crimes Per 100,000 UCR Hierarchy Rule The worst crime 1 person commits in a given set of actions (one event) is what is counted in the UCR Social Control Theory Travis Hirschi strong social bonds reduce delinquency Hedonistic Calculus The felicific calculus is an algorithm formulated by utilitarian philosopher Jeremy Bentham for calculating the degree or amount of pleasure that a specific action is likely to cause. Stare Decisis Stare decisis (Latin: , Anglicisati on: ) is the legal principle by which judges are obliged to obey the precedents established by prior decisions. What is criminology scientific study of crime what three aspects of crime and criminal behavior that crimionologist focus on making laws, bre aking laws, societies reaction True or false norms are created through social interaction true true or false a behavior to be considered a crime it must cause an object harm false what two crimes have led to the death penalty treason and which craft when was arson added to crime index 1979 according to mesner and rosen feld what weakens none economic penetration, accomodation, devauluation Three forms of power economic, ideology, force the most effective form of power is ideology mens rea is guilty mind people under what age cant be under mens rea 7 there is no universal definition for terrorism true or false true who invented the penopticon benthom what is crime illigitimate redistribution of power DO POLICE RECORD ALL CRIME no if someone breaks in to a business after it is closed and steals stuff it is a burglary what r the 8 index crimes muder, burglary, larceny, auto theft, agrravated assault, rape, arson, robbery what is it called when the compare three forms triangulatio n ehat is culture values, norms, attitudes, beliefs problems with cross national data countries have different laws and stuff hierarchy rule crimes are under reported by design only most serious crimes do crimes take into accoutn population size yes what region of the country has teh highest crime rate south gender is socioloy constructed true or false true males are more likely to be victims of crimes true criminal behavior is affected by chemicals yes does devaince violate nroms yes what is data information, facts, observation limitations of self report data people lie women commit more crime than previously thought true or false true All societys have crime and punishment what is theory an explanation anomie durkheim normless break down in social structure aging out phenomenon is when people get older they don't commit crimes Social disorganization theory shaw and McCay seven things must be there for crime mens rea, law, punishment, mala in se bad in itself mala proh ibita Malum prohibitum (plural mala prohibita, literal translation: "wrong [as or because] prohibited") is a Latin phrase used in law to refer to conduct that constitutes an unlawful act only by virtue of statute, as opposed to conduct evil in and of itsel f, or malum in se. Cases Plea Bargained 90% social control theories reckless containment theory, social bond/contro theory(hirschi), matza and sykes drift/neutralization theory, general theory of crime (hirschi and gottfredson), control balance theory (tit tle) labeling theory reintegrative shaming scientific paradign a set of practices and assumptions hwo does the paradign you choose affect your research what, the questions, how the study, how results interepreted positivist perspective absolutism, objectivism, determinism constructionist perspective relativism, subjectivism, voluntarism what can constructionist do that positivsts cant it permits inquiry into false accusations, positivists tend to ask why do they do it, constructionis ts can ask why are these rules enforced how do crimionologists do research paradign, theory, data, methods, positivist theories rational choice, anomie/strain, social learning, control theories constructionist labeling theory, conflict theories, crit ical race theory, feminism Social control threories. crime is the result of weak social constraint antisocial behavior, ask why people obey rules instead of breaking them hobbes vs locke containment theory walter c. reckless internal and external facto rs contribute to law abiding behavior what is containment aspect of he socila bond that prevent individuals from commiting crime, stabilizing force According to durkheim no society could enforce total conformity, crime permits and enables social change a nd flexibility, punishment promotes solidarity Scientific research what do crimionologists do data, theory, prevention how do we measure crime in the US federal data: UCR and NIBRS, Victimization data, self repot data, violent personal crime murder, rape aggravated assault, robbery property crime burglary, larceny, motor vehicle theft, arosn hate crimes have to be for religion, race, ethinicity, sexual orientation, disabilities 3 main goals of criminal law keep the public safe from criminals, ar ticulate our society's moral vvalues and concerns, protect teh rights and freedoms of the nations citizenry mala prohibita violate the law but not necessarily moral standards Mala in se crimes violate tradtioenal norms and moral codes how are norms c reated through social interactions: individuals, roles in institutions, informal social controls what is law a set of specific rules regarding human conduct what is crime any behavior in violation of criminal law that is subject to punishment for a b ehavior to be regulated by law, the behavior has to meet what 7 criteria cause harm, be illegal, intentional conduct, mens rea, conduct + intent must be linked, causal relationship between conduct and harm, punishment associated with the behavior on the bo oks six legal defenses to criminal liability accident or mistake, ignorance, duress, self -defense, entrapment, insanity what three main ways that people can harm other people body, property, ideals ucr offenses knwon to the police and clearances what three crimes are women more likely than men to commit prostitution, shoplifting, welfare fraud what explains the race -crime relationship crime is intraracial in part due to segregation, poverty influences homicide violent crime and property crimes rat es, resource dedeprivation, street crime perpetrated by poor, urban offenders is highly visible to the police cesare beccaria punishment must be swift, certain and severe, enought o ouwiegh the benefits of crime. he believed tourture was unjust Jeremy bentham the pain of crime commission must outwiegh teh pleasure to be derived from criminal activity. punishment should be suffiently distatsteful to the offender so as to outwiegh pleasure of crime the value of any pleasure or pain could be calcu lated by its what according to bentham intensity, duration, certainty, immediacy foucault benthams panoptican led to change from nasty public executions to private never seen humane ones Heritage of classical school rationality, hedonism, punishment, h uman rights, due process neoclassical crimionology rational choice theory, routine activities theory rational choice theories assert crime is the result of rational actors, weighing from the best of their ability, the rewards and punishment pf deviance routine activities theory cohen and felson. extends rational choice theory. motivated offender, suitable target, absence pf a capable guardian four crime control strategies based on rational choice situtional crime prevention, general deterrence strat egies, specific deterrence strategy, incapacitation strategies Marxs methodology historical materialism, history and material economis reality dialectic hegel a german philosopher is the early 1800s influenced marx Marxian dialectic marx used dialecti c method to explain how economic modes of production change, the history of all hitherto existing society is the history of class struggles marxian dialectic thing thesis antithesis synthesis. feudalism class conflict capitalism. capitalism class conflic t in the capitalist mode of production bourgeisie onw the means of production, proletariat are forced to sell thier labor, surplus value is created through exploitation of labor, the rich get richer the poor get poorer, workers are alienated alianation from the product of labor, from the proces of production, from other workers, from themselves as a species of being because workers are alienated they dont recognize their common interests in overthrowing capitalism there has never been a truly marxis t revolution disagreement about role of state and bureaucracies in post capitalist societies, the frankfurt school herbert marcuse eros and civilization. combined freuds pleasure principle vs. reality principle sublimination and marxs historical; materia lism and class conflict. argued that one day we could all have the opportunity to find pleasure in our work willem bonger in capitalist societies, only those who lack power are subject to criminal laws corruption of capitalism leads to criminality geor ge b. Vold crime is the product of political conflict between groups and is an expression fo the ongoing struggle for power control and material well -being william J. Chambliss what makes teh behavior of some criminal is the coercive power of the state t o enforce teh will of the ruling class radical marxist crimionology middle and upper class criminals are more likely to escape/avoid punishment by the cjs. penal law can be seen as a way to keep the proletariat in submission, less intense class struggle should lower the crime rate Left realism most crime is poor working class on poor workng class, crime is the result of relative deprivation, instead of revolution reduce inequeality, realistic community policing democratic criminal justice process crimin ology study of making laws breaking laws society's reaction to the breaking of laws deviance behavior that violates social norms crime behavior that is considered so harmful that it is banned by criminal law consensus view assumes an agreement of opinions of different people on what the social norms of behavior are and should be formal laws represent the interests of all segments of the public laws are internally consistent people obey them cuz they reflect their values crime violates these social norms punishment is necessary to ensure continuing social stability conflict view assumes that members of the public disagree on what is considered socially appropriate these disagreements reflect their disparate positions based on inequalit y of wealth and power laws represent the powerful and help the ruling majority maintain their social position mala in se crimes evil in themselves behaviors that violate traditional norms and moral codes mala prohibita crimes wrong only because they a re prohibited by law violate contemporary standards felonies crimes punishable by more than 1 year in prison misdemeanors crimes punishable by less than 1 year actus reus refers to the defendant actually committing the criminal act mens rea defenda nt intended to commit the act knowingly committed the criminal act defenses to criminal liability accident ignorance duress self defense entrapment insanity research important cuz? helps in understanding the patterns in criminal behavior helps dispel i naccurate notions about crime and deviance helps us evaluate out policies and intervention strategies to determine if what we are doing is effective common research techniques official records surveys experiments and quasi experiments longitudinal desig ns qualitative designs independent variable variable that influences or has an effect on another variable dependent variable the variable that is being changed influenced or affected causality x and y must be statistically related x must precede y in time x and y must not be a spurious relationship prevalence the proportion of respondents who have committed a particular offense at least once during the study period incidence the average number of offenses per person in the particular s tudy validity to what degree does the method accurately measure crime reliability to what degree does the method provide consistent results regarding crime UCR FBI police agencies voluntarily submit the number of crimes that occurred in their jurisdi ction tell whether crime has been cleared Strengths large coverage major source of stats limitations reported only crimes only most serious crime counted reflect police arrest activities reflect citizen reporting patterns NCVS random survey of us househ olds collects data on context of crime and characteristics of the victim and offender more crime than UCR strengths collects detailed info about crime victim as source provides data on unreported crimes limitations self reporting lack of detailed geographical analysis SHR part of UCR provides additional detailed info about homicides situation code victim and offender demographics type of weapon victim/offender relationship homicide circumstancess self report studies asks respondents directly a bout their experience with crime and victimization fueled by the concern over accuracy of official data strengths help id hidden crime relatively inexpensive accessible samples limitations focus on minor offenses respondents lit focus on males public he alth surveillance systems measure the burden of a disease monitor trends in the burden of a disease guide to implementation of programs evaluate public policy criminal careers continued offending into adulthood interpersonal violence threat attempt or actual use of physical force by one or more persons that results in physical or non physical harm nonphysical harm fear anxiety and other emotional states corporate violence pollution unsafe products political violence terrorism genocide aggravated assault the crime of physically attacking another person which results in serious bodily harm and or is made with a deadly or dangerous weapon simple assault committed when a person is threatening to us fists or feet to do bodily harm to anoth er person robbery the taking of or attempting to take anything of value from care custody or control of a person or persons by force or threat of force or violence and or by putting victim in fear rape forced sexual intercourse sexual assault unwante d sexual contact not involving intercourse battering physical attacks committed by intimates stalking persistent following observing and or harassment of an individual burglary the attempted or completed unlawful entry of a structure to commit a felo ny or a theft larceny/theft the unlawful taking carrying leading or riding away of property from possession of another arson the willful or malicious burning or attempting to burn with or without intent to defraud a dwelling house public building or mo tor vehicle forgery/counterfeiting making altering uttering or possessing with intent to defraud anything false in the semblance of that which is true fraud obtaining money or property by false pretenses embezzlement misappropriation or misapplicatio n of money or property entrusted to one's care social organization refers to roles different property criminals play and social networks supporting their criminal ways amateur theft young unskilled and commit when opportunity arises professional thef t older and more skilled plan offenses carefully snitches amateur shoplifters who steal items of little value they keep for themselves boosters skilled professionals who sell their stolen goods to fences or pawnshops joyriding committed usually by te en boys who take the car for a ride then dump it tipsters give burglars info on suitable targets fences sell stolen goods target hardening what is the definition of mass murder the killing of more than 3 individuals at the same time thsi si highly debated spree killers kill repeatedly over a short period of time less than a few weeks serial killers have a cooling off period to troll for victims typology of mass murders levin and fox. based on motivation of offenders. revenge, love, profit, ter ror why are mass murderers easier to apprehend than serial killers they rarely leave the scene of the crime. 3 most common outcomes suicide, suicide by cop, apprehended theories of mass murder 1. mental illness 2. sociopaths (lack internal controls, di sregard common values, seek to dominate others) psychological characteristics alone cannot explain the actions of mass murders Why has crime decreased since 1993? Baby -boomers have "aged out" of crime, What 2 competing interests do court decisions weigh? individual rights and public rights "Justice is not always fair but it is just" Where is the Bill of Rights? Which one protects against unreasonable search and seizure? 1st 10 Amendments to the constitution, 4th What are the "levels of certainty for 1) detention 2) arrest 3) conviction? 1) reasonable suspicion, 2) probable cause, 3) beyond a reasonable doubt, Probable Cause Be able to articulate why they think the person probably committed a specific crime When is Miranda necessary? 1) in custodial interrogation 2) if talking about the crime Who signs a warrant? What is the level of certainty? A judge, probable cause Good faith exception In United States constitutional law, the good -faith exemption (also good -faith doctrine) is a legal doctrine providing an exemption to the exclusionary rule. When the officer is acting in "good faith" that the person is not committing a crime within a premise Exclusionary Rule The exclusionary rule is a legal principle in the United States, und er constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law. Preliminary Hearing Within some criminal justice systems, a preliminary hearing (evidentiary hearing) is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. (probable cause) Uniform Crime Report The Uniform Crime Reports ( UCR) contain official data on crime that is reported to law enforcement agencies across the United States who then provide the data to the Federal Bureau of Investigation (FBI). National Crime Victim Survey Survey which goes to specific household to ques tion them about how crime has effected/touched their lives Schedule 1 Drugs No acceptable medical use, not available with prescription Most Common Drug in STL? Cocaine Is Not Guilty By Reason of Insanity a Good Defense strategy? Probably not M'Naug hten Test The M'Naghten Rules (pronounced, and sometimes spelled, McNaughton) were the first serious attempt to rationalize the attitude of the criminal law towards mentally incompetent defendants. States that if a person cannot, at the time a crime is com mitted determine right from wrong they are "insane" (Missouri) Durham Test Mental disease of defect (Illinois) Are Hyper Males (XYY) more prevalent in prison populations? no Id pleasure principle Ego the go between Super -ego Conscience the "angel " Poverty line $21,834 for a family of 4 Differential Association Theory In criminology, Differential Association is a theory developed by Edwin Sutherland proposing that through interaction with others, individuals learn the values, attitudes, techniq ues, and motives for criminal behavior. but can vary in frequency, duration, priority, and intensity Mens Rea In criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a crime. Actus Rea Guilty Act Incohat e preparing or seeking to commit another crime Corpus Delecti Corpus delicti (plural: corpora delicti) (Latin: "body of crime") is a term from Western jurisprudence which refers to the principle that it must be proven that a crime has occurred before a p erson can be convicted of committing the crime. Body Typology Dr. William Shelton Ectomorph skinny Endomorph fat Mesomorph muscle, crime Burglary Burglary (also called breaking and entering and sometimes housebreaking) is a crime, the essence of which is entry into a building for the purposes of committing an offence. Robbery Forcibly taking or attempting to take the belongings of another Forcible Rape In criminal law, rape is an assault by a person involving sexual intercourse with another person without that person's consent. Motivated by power, control Where do you find Missouri Statutes online? Too many, not online, some not all Crime Rate Crimes Per 100,000 UCR Hierarchy Rule The worst crime 1 person commits in a given set of actions (one event) is what is counted in the UCR Social Control Theory Travis Hirschi strong social bonds reduce delinquency Chapter 1 Introduction to Criminological Theory Terms Causality. A concept more applicable to the hard sciences. Does the appearance of X cause effect Y? In a perfect relationship, the appearance of X would always cause the effect Y each and every time the relationship is seen. Empirical Validity. This is t he most important factor in evaluating a theory, and means that the theory has been supported by research evidence. Ideology. A belief system and a set of core values or philosophy. In a pure sense, an ideology states or explains how things should be, an d a theory explains how things actually are. Internal Logical Consistency. A theory needs to be presented in a logical manner and to have clearly stated propositions that agree with or do not contradict one another. Restated, does the theory make logical and consistent sense? Macro. Macro theories of criminal behavior explain the “big picture” of crime —crime across the world or across a society. They attempt to answer why there are variations in group rates of crime. Other authors have used the terms “epidemiology” or social structural theories. Micro. Micro theories of criminal behavior focus on a small group of offenders or on an individual crime. They attempt to answer why some individuals are more likely than others to commit crime. Other authors h ave used the terms “individual conduct” or processual theories. Necessary Condition. This means that X must be present to produce effect Y. If X is not present, Y will not occur. Parsimony. This refers to how many propositions, steps, or statements are involved. How simple is the theory? Policy Implications. If the theory is empirically valid, what solutions are suggested. Probabilistic Causality. A concept more applicable to the social sciences. X is more or less likely to cause effect Y. Restated, X tends to cause Y. Scope. Refers to how much or how many types of crime or deviance the theory covers. Soft Determinism. The view that human behavior is not wholly caused, determined, or 3 predictable by any set of biological, psychological, or s ociological forces but that these interact with exercise of choice and will by individuals. Therefore, explaining or predicting human behavior is difficult. Sufficient Condition. Each time X is present, effect Y will always occur. Tautology. Circular r easoning. If a theory states that greed causes people to commit crime, and then says we know Jon is greedy because he committed a crime, it becomes impossible to subject the theory to the scientific process. In this case, you would find that greed has been defined as someone who commits criminal acts. The circle of the reasoning never stops. Testability. To be valid and ultimately useful, a theory must be able to be subjected to scientific research. Theories may be untestable if they are tautological, pro pose causes that are not measurable, or are so open -ended that empirical findings can always be reinterpreted to support the theory. Theory. In simple terms, theory is an explanation of something. Theories of Criminal and Deviant Behavior. Theories in this category attempt to explain why an individual commits criminal or delinquent acts. Theories of Law and Criminal Justice. Theories in this category attempt to explain how laws are made, and how the criminal justice system operates as a whole. Usefu lness. This refers to the real -world applications that the theory proposes or suggests, and the ability to implement those applications. Key Concepts 1. Theories are useful tools that help us to understand and explain the world around us. In criminolog y, they help us to understand the workings of the criminal justice system and the actors in the system. 2. Theories suggest the way things are, not the way things ought to be. They are not inherently good or bad; however, they can be used for good or b ad purposes. 3. A theory can try to explain crime for a large social unit or area (macro), or it can attempt to explain crime at the individual or smaller unit level (micro). 4. Because we are dealing with human behavior, the social sciences will never be like the hard sciences. In the hard sciences, the theory of relativity will not change. In the social sciences, however, we deal with probabilities. The social scientist will say things such as, “A severely neglected child will probably commit, or tend to commit, delinquent acts.” 5. To be used for maximum effectiveness, theories must make sense (logical consistency), explain as much crime as possible (scope), and be as con cise as possible (parsimony). Most important, the theory must be true or correct (validity). Having 4 met these basic goals, the theory must then have some real world applications and policy implications. 6. Many theories have common traits, but di fferences among them still exist. Understanding these differences is key to understanding the often contradictory views of crime and deviance they purport to explain. Chapter Review The goal of criminological theory is to help one gain an understatin g of crime and criminal justice. Theories cover the making and the breaking of the law, criminal and deviant behavior, as well as patterns of criminal activity. Individual theories may be either macro or micro. Theories can be used to guide policy makin g, and can be evaluated on a number of criteria including: clarity, scope, parsimony, testability, practical usefulness, and empirical validity. Questions 1. Before you began reading this book, what was your personal theory of crime causation? Which of the theories introduced in this chapter came closest to your personal view? 2. If any given theory were able to explain 30 percent of all the crimes committed, would you consider that theory to be successful? Why or why not? 3. If you were a wa rden at a state prison, how effective must a theory of rehabilitation be before you would implement it in your institution? Policy application of Theory A has yielded modest results in preventing crime with low costs to implement. Policy application of The ory B has yielded a high success rate at preventing crime with very high costs to implement. Which theory would you prefer and why? 4. Many disciplines factor into criminological theories, such as psychology, sociology, biology, political science, and criminal justice. Do you feel that the integration of all of these disciplines holds the best chance for explaining the most crime, or should the disciplines remain pure? 5 Chapter 2 Deterrence and Rational Choice Theories Terms Absolute Deterrence. This refers to the amount of crime that has been prevented simply due to the fact that a formal system is in place so that an individual could be legally punished for committing a crimi nal act. Acute Conformists. One of three types of individuals coined by Pogarsky. These individuals comply with the law because it is the right thing to do. Boot Camps. Programs used in place of incarceration, and based upon a military model of disc ipline and order. These programs are designed to have a deterrent effect on young offenders, but they have generally failed to yield long -term reductions in recidivism. Celerity. One of the three elements of deterrence. Celerity refers to how quickly an individual is punished after committing a crime. Certainty. One of the three elements of deterrence. Certainty refers to how likely it is that an individual will be caught and punished for a crime that he or she has committed. Certainty is the most impor tant of the three elements. Classical Criminology. A school of thought based upon utilitarian notions of free will and the greatest good for the greatest number. At its core, classical criminology refers to a belief that a crime is committed after an ind ividual weighs the pros and cons. The decision to commit a crime is a rational decision, and is best countered through a deterrence - based system. Crime Prevention Through Environmental Design (CPTED). This refers to a set of practices designed to make po tential criminal targets less attractive. The belief that crime is a rational act is used to make a potential target less attractive to a criminal, and thus not a “rational” target. Deterrable Offenders. One of three types of individuals coined by Pogar sky. This is the only group that may be deterred by threat of sanctions. Deterrence Theory. A core principle of classical school and rational choice theories. This theory states that crime can be controlled through the use of punishments that combine t he proper degrees of certainty, severity, and celerity. Deterrence is a key element in the U.S. justice system. Expected Utility Principle. Economic theory which states that people will act in a manner that increases their benefits and reduces their loss es. This ties in closely with classical criminology and, by definition, rational choice theory, where people seek to increase their pleasure and reduce their pain. 6 Free Will. The belief that humans are rational, and have the ability to make decision s according to each individual’s own will and purposes. Under this perspective, people can understand the difference between right and wrong, and can choose to commit criminal acts or to follow the law. In later chapters, this view will be contrasted with views that claim that crime is a result of biological, psychological, or social forces beyond an individual’s control. General Deterrence. General deterrence is the doctrine that a community or a society of people can be deterred from committing a crimin al act after having witnessed the punishment of an individual or individuals for having committed that act. Incorrigible Offenders. One of three types of individuals coined by Pogarsky. These people are so committed to criminal activity that they canno t be deterred. Perceptual Deterrence. This concept applies to an individual offender, and refers to what he or she believes the likelihood of arrest to be, and how severe he or she believes the punishment for a crime will be if caught. The perceptions o f the individual are often very different from the actual reality experienced. Proportionality. Punishment should fit the crime without regard to individual differences. Rational Choice Theory. This is the 1980s formulation of classical criminology. Wh ile the beliefs of rational choice theory can be traced back to eighteenth -century philosopher Cesare Beccaria, this version adds a new dimension that emphasizes the expanding role of the economist in criminological thought. The emphasis is placed on the e xpected reward for committing a crime, and other associated costs and benefits surrounding criminal activity. Retribution. Making the punishment fit the crime. Also referred to as “an eye for an eye.” Routine Activities Theory. This theory states that for crime to be committed, three elements must be present: an available target, a motivated offender, and a lack of guardians. Scared Straight. This program began in the 1970s with the belief that taking young offenders or potential offenders to a prison environment, and exposing them to the realities of prison life, could prove beneficial in reducing delinquency. Like boot camps, however, Scared Straight did not produce the expected results. Severity. One of the three elements of deterrence. Severity r efers to how harsh the punishment for a crime will be. In classical criminology, it is important to remember that a punishment must fit the crime. If a punishment is not severe enough, it will not deter crime. If it is too severe, it is unjust and can lead to more crime. Shock Incarceration. This approach generally uses a combination of a brief prison sentence followed by probation. The hope is that a brief exposure to the realities of incarceration will deter the offender from further criminality. Spec ific Deterrence. This style of deterrence is used with a specific offender in mind. The belief is that if an individual is punished for a criminal act, then that individual will 7 be less likely to violate the law in the future. Thoughtfully Reflective Decision Making (TDRM). This term describes a process of good decision making where all the relevant information is collected and analyzed, and possible solutions and alternative s olutions are thought about. Reflection on what went right and wrong is also part of the process. Key Concepts 1. Classical criminology was designed to provide a rational, logical, and philosophical alternative to what was often an abusive, cruel, inhum ane, and arbitrary system of justice. 2. The operation of the current criminal justice system relies on the classical criminological perspective. The Classical School is reflected in both the Declaration of Independence and the United States Constituti on. 3. Classical school theories operate from a perspective of choice. The assumption is that individuals have the ability to make a rational choice to either follow the law, or to violate it. A system of punishments is necessary to deter individuals from committing criminal acts. Committing criminal acts brings a certain amount of pleasure to the individual. To counteract this pleasure, punishments must be provided that carry with them enough pain to outweigh the pleasure received by committing a devia nt or criminal act. 4. A classical school approach is attractive to many because it is centered on choice. People choose to commit criminal acts. This perspective will be countered in later chapters by theories that rely on biology, psychology, and the environment, to name just a few. Choice theory is attractive to politicians because it puts the blame for the crime problem squarely on the shoulders of the individual, and not on society as a whole. The theory implies that the criminal needs to take resp onsibility and to make better choices. 5. Various programs have been tried around the country using deterrence and choice as primary elements. Programs such as Scared Straight have attempted to use fear and deterrence to keep young offenders from commi tting additional crimes. Boot camps have attempted to use fear, discipline, and brief incarceration to keep offenders from committing additional crimes. These types of programs are controversial, and have yielded mixed results at best. 6. While deterre nce is a factor in preventing individuals from committing criminal acts, it most likely is not the deciding factor. Most people will not commit criminal acts because they believe it is wrong to do so, and because they have been socialized to follow the nor ms of society. 8 Chapter Review Deterrence theory states that if punishment is certain, severe, and swift, then people will refrain from committing criminal acts. Deterrence theory is at the core of the criminal justice system, and the basis for most of strict punishments and long prisons sentences. Is deterrence theory empirically valid, however? That is a difficult question to answer. Studies have found mixed support for deterrence theory. Modifications like rational choice and routine acti vity theory have found mixed support as well. Questions 1. Certainty, severity, and celerity are the key elements of deterrence theory. What makes certainty so important? Could we not reduce crime by making the punishment so severe that a “rational” individual would be scared to death to commit criminal acts? 2. Programs such as Scared Straight and boot camps are controversial, and may not yield long -term reductions in recidivism. They are, however, cheap and easy to operate. In this case, should cost considerations and the fact that these programs may help a few individuals justify the continuation of these programs? 3. Routine activity theories look at people, both offenders and victims, and their routines. As a result, some of the blame in a criminal incident may be placed on the victim. Is that fair? Is a victim ever responsible, or partly responsible, for his or her own victimization? 4. Explain the evolution of classical school criminology from Beccaria, through Deterrence Theory, Rout ine Activity Theory, Rational Choice Theory, and Just Deserts. What modifications have been made along the way? 5. Classical school criminology relies heavily on the concept of free will. How can one ever demonstrate empirically the existence of a free will? 6. How has the recent research on the effects of specific deterrence verses perceptual deterrence changed the way the entire concept of deterrence is viewed? What additional studies should be conducted to clarify the issue? Notable Individuals Beccaria, Cesare: (1738 –1794) Italian nobleman, prominent in the eighteenth century, wrote On Crimes and Punish ment (1764). Bentham, Jeremy: (1748 –1832) Jurist and philosopher, prominent in the eighteenth and nineteenth centuries, advocated abolishing the death penalty. 9 Cohen, Lawrence E.: Collaborated with Marcus Felson in developing the routine activitie s theory. Felson, Marcus: Collaborated with Lawrence Cohen in developing the routine activities theory. 10 Chapter 3 Biological and Biosocial Theories Terms Adoption Studies. Studies that have been done with children reared by biological pare nts compared to their siblings or twins reared by adoptive parents in an attempt to demonstrate a genetic link to criminal behavior. Results have been mixed. Atavism. Part of the theory developed by Lombroso in which a person is a “born criminal.” Atavis tic or primitive man is a throwback to an earlier stage of human evolution, and will commit crimes against society unless specifically restrained from doing so. Autonomic Nervous System (ANS). Mednick’s theory that individuals who inherit a slower than n ormal autonomic nervous system learn to control aggressive or antisocial behavior slowly or not at all. This leads to increased violence and criminal activity. Behavioral Genetics. This covers a range of theories in which a combination of genetics and th e environment influences behavior. Biological School. A view of crime, also referred to as biological positivism, that claims that criminal behavior is the resu lt of biological or inborn defects or abnormalities. This view directly conflicts with classic al criminology, which claims that criminal activity is the result of free will. Under a biological perspective, deterrence is of little value. Biosocial Theories. Theories that examine the combined effects of biology, behavior, and the environment on cri minal behavior. Biosocial Arousal Theory. This theory states that an individual’s level of arousal works in conjunction with the social environment. Those with low levels of arousal are less likely to learn appropriate ways to deal with aggression and violence and thus are more prone to commit crime. Born Criminal. One of three criminal types identified by Lombroso. This type of criminal is the most dangerous, and can be identified through his or her stigmata or identifying characteristics. Concordanc e. This examines the degree to which criminal or law -abiding behavior of siblings, identical twins, or fraternal twins is similar to one another. Criminaloid. One of three criminal types identified by Lombroso. The criminaloid is motivated by passion, an d will commit criminal acts under the proper circumstances. Determinism. In considering biological theories, determinism refers to the view that an individual’s criminal lifestyle or actions is the direct result of genetic inheritance or biological predis position. Soft Determinism, as explained by Matza, examines the role of determinism, but also acknowledges that other factors, from environmental to choice, 11 may be part of the equation. This assumes that behavior is not completely and strictly determined by the individual’s genetic or biological makeup. Evolutionary Theory. A broad -based view that certain types of criminal behavior are genetic and passed dow n from one generation to the next through evolutionary processes of natural selection and survival. Gene -Based Evolutionary Theory. A general approach that suggests that the process of natural selection has resulted in criminal genetic tendencies that ar e passed down from generation to generation. Insane Criminal. One of three criminal types identified by Lombroso. The insane criminal type includes idiots, imbeciles, epileptics, psychotics, and the mentally unstable. These criminals are unable to contro l their actions; however, they do not possess the stigmata or identifying characteristics of the born criminal. Mental Functioning and Delinquency. A neurophysiology approach that believed that delinquents were feebleminded or had some form of a learnin g disability. This approach has also been used to look for a relationship between IQ and crime. Additionally, aspects of mental functioning, verbal ability, and mental flexibility have been examined. Stigmata. Characteristics claimed by Lombroso that could be used to identify the “born criminal.” They include things such as extra fingers or toes, large lips, receding chins, excessive skin wrinkles, and large monkey -like ears. Testosterone and Criminal Aggressiveness. A biochemistry approach that lo oks at the relationship between the male hormone testosterone and antisocial aggressive behavior. Key Concepts 1. The fundamental concept behind the early biological theories was the belief that individual difference could be scientifically measured . 2. Early biological theories view criminal behavior as the result of a defect in the individual. This defect can be biologica l or genetic in nature, and serves to separate the criminal from the law -abiding citizen. Contemporary biological theories concentrate more on variations in genetic and other biological factors in interaction with the environment, and are less likely to refer to biological defects or abnormalities. 3. Punishment serves a different goal in biological theories. While punishmen t may be appropriate to protect society, it will not have a deterrent effect. Because there is an inherent defect or abnormality within the individual, deterrence or the threat of punishment will not affect behavior. 4. Although early biological theori es lacked validity, they were among the first to use the scientific method. The process of measuring body parts, shapes, and sizes (although flawed) represented a dramatic shift from the philosophical approach offered by the classical school. 12 5. Biological theories trace back to Lombroso, and vary in the amount of determinism built in. Atavistic man or the “born criminal” was always going to be at odds with civilized society. More modern biological theories seek to establish a link between things like IQ, testosterone, and criminality. While they share a biological link, modern theories understand that the influences of choice and the larger society also play a role in the crime dynamic. 6. If traditional biological theories are correct, then s ociety is limited in its responses to offenders. There are five basic responses. First, we could try to fix the offender. This may be accomplished through medication, treatment, or therapy. Second, we could lock the offender up and keep him or her physical ly separated from larger society. Third, we could sterilize the offender. This would keep individuals from passing along defective genes to future generations. Fourth, we could deport or banish the offender. Finally, we could choose to kill the offender. I f crime is truly biologically determined, these options, or close derivatives of these options, would prove more useful than any punishment designed to remove the pleasure from a criminal act. 7. More recent biological or biosocial theories believe tha t even if some biological traits are passed down that would make an individual more predisposed to commit criminal acts, these traits can be dealt with through effective social programs. Having a biological trait, then, is not the end of the story. It does not doom one to a life of crime, and can in fact be dealt with and managed. Chapter Summary/Keeping Tabs Chapter 1 introduced the basic vocabulary and rules necessary to understand crime from a criminological point of view. Understanding the terms and rules is necessary to go beyond a “commonsense” understanding of criminal and deviant activity. Theories of the causes of crime and deviance fall on a continuum from a “micro” focus on the characteristics of individuals to a “macro” focus on the character istics of the larger society. Chapter 2 examined classical school criminology. Classical school, or rational choice theory, advances the view that crime is the result of a choice made by the individual offender. Under this perspective, the offender weighs the potential pleasure of comm itting the act along with potential pain if caught and punished for the act. If the pleasure outweighs the pain, the offender will make a rational choice to commit the crime. Under this perspective, the proper way to prevent criminal activity is through th e use of deterrence and punishment. Chapter 3 looks at biological theories. Traditional biological theories state that individuals commit criminal acts due to biological or genetic defects. Crime is a result of these abnormalities, and not a choice made by the offender. Crime can be prevented by isolating, treating, separating, sterilizing, or killing the individual. Modern biosocial theories believe th at an individual with an inherited trait can benefit from social programs, and that an inherited trait a lone is not sufficient to doom an individual to a life of crime. It is important to note that biosocial theories have found new life in mainstream criminological theory. After being widely discredited, new biosocial theories that rely on advances in genet ics, brain functioning, neurology, nutrition, and biochemistry, and less on strict determinism have gained growth and 13 acceptance in the field. While controversy still exists when trying to establish a relationship between IQ and crime, for example, biologically based theories remain an important part of criminological theory. Questions 1. Things like eye color, hair color, facial features, and personality are passed down from generation to generation. If this is true, why would we not expect things like criminal behavior to be passed down as well? 2. It is well established that inmates as a population have a lower IQ than people in the rest of society. Does this fact prove a genetic or biological link in understanding crime? 3. What ha ve we learned about biology and crime from adoption and twin studies? Should these studies be replicated and improved upon today? 4. Should scientists continue looking for biological causes of criminality? Could such research be attacked on grounds that it promotes racist, sexist, or class -based stereotypes? 5. How should history judge the work of Lombroso? Is it fair to use standards from 2012 to judge the work he did in 1876? 6. Compare and contrast the views of the traditional biological theo ries to the modern biosocial theories. Notable Individuals Lombroso, Cesare: (1836 –1909) First to use scientific method in criminology, wrote The Criminal Man (1876). Eysenck, Hans J.: Proposed the biosocial “arousal” theory. Ferrero, William: Co authored Female Offender (1958 [1897]) with Lombroso. Goring, Charles: (1870 –1919) British criminologist, proposed the idea that criminals are shorter, weigh less, and “mentally defective,” wrote The English Convict: A Statistical Study (1913). Hooten, E. A.: (1887 –1954) Anthropologist and neo -Lombrosian, proposed the idea that crime is caused by physical inferiority, wrote Crime and the Man (1939). Mednick, Sarnoff: Developed the best -known and most systematically stated and tested modern biosocial t heory. 14 Chapter 4 Psychological Theories Terms California Psychological Inventory (CPI). A test designed to measure personality traits such as dominance, tolerance, and sociability. Ego. One of the three components of Freudian personality development. The ego is referred to as the executive or ration al part of the personality, and it acts to keep the id in check. Electra Complex. This occurs at the beginning of the phallic stage (around ages 3 to 6) in which a girl develops a desire to possess her father and a hatred and fear of her mother. Freudi an. This view of behavior focuses on early childhood development. It claims that criminal activity is the result of a conflict between the id, ego, and superego, which can be traced back to a conflict in early childhood. Id. One of the three components o f Freudian personality development. The id contains basic instincts and drives, such as the need for food, water, sex, and pleasure. Minnesota Multiphasic Personality Inventory (MMPI). A test designed to use different scales of questions to measure abnor mal personality traits, such as depression, hysteria, paranoia, psychopathology, and compulsiveness. Oedipus Complex. This occurs at the beginning of the phallic stage (around ages 3 to 6) in which a boy develops a desire to possess his mother and a hatr ed and fear of his father. Personality Theory. This theory believes that criminal activity is the result of a defective, deviant, or inadequate personality. Examples of deviant personality traits include hostility, impulsiveness, aggression, and sensatio n-seeking. Psychoanalytic Theory. A general perspective stating that the causes of criminal behavior can be found in the mind of the individual. Psychological Counseling. The process by which an underlying mental issue can be addressed. The assumptions are that only by treating an individual who has committed a criminal act as someone who is sick and in need of treatment can the problem truly be addressed; punishing the criminal act without addressing the root mental cause is of little or no value; and c ounseling is the only way in which the root mental cause can be dealt with adequately. Psychological Theory. A general perspective that looks to the psychological functioning, development, and adjustment of an individual in explaining criminal or deviant acts. Under this approach, the criminal act itself is important only in that it highlights an underlying mental issue. 15 Psychopathic. A general term referring to a variety of antisocial personality disorders. Psychopathy Checklist (PCL -R) Develop ed by Hare, this is a tool comprised of a checklist that is designed to measure the feeling and relationships of an individual, along with the social deviance of an individual. This tool is the main one used in the measurement of a psychopathic personality . Superego. One of the three components of Freudian personality development. This part of the personality contains the conscience of the individual. Key Concepts 1. Psychoanalytic theorists believe that criminal behavior is the result of a mental dis turbance. From a Freudian perspective, this may have been caused by a conflict between the id, ego, and superego, or it may be the result of an improper fixation during a stage of emotional development. 2. Personality theorists believe that criminal be havior is the result of an improper or defective personality or personality traits. Instead of developing a conforming appropriate -social personality, the criminal has developed a personality based upon conflict, impulsiveness, and aggression. The criminal does not have the ability to feel empathy, remorse, or guilt for his or her actions, and has not developed a sense of right and wrong. 3. Under both of these approaches, the criminal act is not important, in that it is only one of many symptoms of the underlying psychological or personality disorder. Both approaches recommend various forms of therapy and treatment to fix the disorder. When the underlying psychological or personality disorder is addressed, the criminal and deviant acts should cease. 4. Psychological theories are difficult if not impossible to test. One cannot see, identify, or measure the id, ego, or superego. As a result, testing these theories becomes virtually impossible. Similar difficulties are faced when trying to test personal ity theories, and tautological issues remain a problem. 5. Programs that offer therapy and counseling in attempts to reduce delinquency have not been shown to be particularly effective. While the role of psychology in criminal justice and criminology i s indeed important, we have not yet reached a place where the key concepts of psychological and personality theories, along with their recommended treatments, have had a measured impact on criminal activity. Chapter Review/Keeping Tabs Chapters 2, 3, and 4 all focus on characteristics and processes within the individual that produce individual criminal behavior. In Chapter 4, crime is viewed not as a choice or a biological defect, but rather as a problem dee p in the offender’s mind. Problems in early childhood development, or in the personality of the offender, are viewed as responsible for deviant activity. Criminal activity is seen not as the core problem, but rather as a symptom of the underlying mental is sue. According to this theory, crime and deviant activity can be prevented through counseling, treatment, or modification of an individual’s personality. Indeed, this approach is used most often in the juvenile justice system, but the results of this techn ique cast doubt on the ability 16 of counseling alone to reduce criminal activity. It is also doubted that the true psychopath can benefit from any type of counseling or treatment. Questions 1. What impact does Freudian theory have on the criminal justice system today? 2. If psychological theories have validity problems, why are psychiatrists so often called upon to testify in court? If the theories are so tautological, how can we ever be sure a person is truly insane? 3. Is personality an in nate quality or a socially developed phenomenon? Regardless of your answer, how would you go about changing another person’s personality? Can you change your own personality? 4. What can be learned from projects like the Wayne County Clinic and the Camb ridgeSomerville Youth Study? 5. How would you develop a long -term psychiatric treatment program for delinquent or antisocial boys? Would the program differ for delinquent or antisocial girls? 6. According to the research, what are the prospects of su ccessfully rehabilitating a psychopath? Notable Individuals Freud, Sigmund: (1856 –1939) Psychologist, pioneer of psychoanalysis and psychological theory, theorized the Oedipus complex and the Electra complex, coined the terms id, superego, ego, sex driv e, and libido. Friedlander, Kate: Wrote The Psychoanalytic Approach to Juvenile Delinquency (1947). 17 Chapter 5 Social Learning Theory Terms Behavior Theory. Burgess and Akers expanded differential association and included elements of behavior theory and behavior modification. This expansion allowed them to identify the learning process, and included elements such as operant behavior, responden t conditioning, discriminative stimuli, and schedules of reinforcement. Definitions. One of the four main concepts of Akers’s social learning theory. The process through which an individual rationalizes, evaluates, and assigns right and wrong. Definition s of the law may be general or specific. One may have the general view that the law needs to be obeyed, but a specific view that a 20 -year -old who can fight in a war should be allowed to drink a beer. This person may follow the law in general, but violate the liquor law. Differential Association. A theory of crime and delinquency developed by Sutherland. This is a social learning theory presented in nine steps. Criminality is basically the result of engaging in inappropriate behaviors exhibited by those w ith whom we interact. Also, one of the four main concepts of Akers’s social learning theory. Akers retains the process of differential association, and expands upon it in his theory. Differential Identification. A modification of differential association theory. In this view, people commit criminal or delinquent acts if they believe that it will lead to acceptance by and approval of these important people in their lives. Differential Reinforcement. One of the four main concepts of Akers’s social learnin g theory. The concept refers to the potential rewards and punishments for committing or not committing a criminal or deviant act. This process includes a consideration of punishments and rewards that have been received in the past, as well as present and f uture rewards and punishments. Discriminative Stimuli. Internal or external factors or cues that aid an individual in determining an appropriate response to a given situation.