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Who were the founders of classical criminology?
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Becarria and Bentham
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What were the foundational beliefs of classical criminology?
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1. Human behaviors is based on free will
2. The rational man acts to seek pleasure but also to avoid punishment (hedonism) |
What was Cesare Beccaria view of utilitarianism?
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-people have free will
- crime pays better than non-criminal behavior -fear of punishment deters crime -severe certain and swift punishments work |
Who popularized Beccaria's view and advocated for utilitarianism?
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Jeremy Bentham
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Accoring to classical theory what are the 3 central concepts?
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1. Human nature (people are egotistical, rational, and motivated by pain and pleasure. People chose their behavior, behavior can be modified by fear of punishment)
2. Society (must provide the greatest good for greatest # of people) 3. Social contract (individuals give up some freedom in return for social protection) |
In regards to classical theory what is its central concept of the law?
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1. shouldn't legislate morality
2. must be written, transparent, rational, and just 3. innocent until proven guilty 4. no torture |
In regards to classical theory what is its central concept of punishment?
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1. must be specified in advance
2. should be certain, sever, and swift 3. should be sufficient to deter crime 4. should not be excessive |
What are the 4 main objectives of punishment under classical theory?
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1. to prevent all criminal offenses
2. to convince determined offender to commit a lesser crime 3. to ensure that a criminal uses no more force than necessary 4. to prevent crime as cheaply as possible |
What did the declaration of the rights of man state?
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The law shall inflict only such punishments as are strictly and clearly necessary.
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What does the charter of rights and freedoms of 1982 state?
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Everyone has the right not to be subjected to any cruel and unusual treatment or punishment
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Who came up with Choice theory?
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James Q WIlson
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What 5 characteristics does Wilson say criminals have under choice theory?
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1. Lack inhibition
2. Seek excitement and thrills 3. Have low stake in conformity (little to lose) 4. Some are rational, will fear sever punishment 5. The irrational must be incapacitated |
What does the general deterrence theory state?
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The ways in which individuals, on seeing offenders receiving punishment, will be deterred from breaking the law themselves
*problem: white collar crime is dealt with informally |
What did the time series analysis find on the effects of capital punishment?
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Capital punishment no more effective than live imprisonment
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What did immediate impact studies find on the effects of capital punishment?
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-brutalization effect
-short term effect: found that people were less likely yo commit crimes for a short term after a capital punishment was highly publicized |