CJ

CRJC210BarkanCh5.ppt

Classical and Neo-Classical Perspectives

Chapter 5

Note – some information in the slides is from the publisher, but I have heavily edited the information and added new information

Reading Quiz – study tips

Be sure to use the information from the book and the PowerPoint slides on Quizzes by translating them into your own words. I do not award points for my own words
When I use the word “describe” – do not simply “list”
Give details means specifics of what you learned not just general observations
Do your own work, the result will be more accurate and will take less time
You must answer the essay style questions on the 1st attempt to get full credit on the 2nd attempt

Social Scientific literacy continued

This section of the class delves into the origin of theories of crime and criminality.

Criminology as a social science outlines a framework to understand, explain, predict and control social phenomena related to crime and victimization.

As Criminologists we make empirical observations that lead to explanations. We must evaluate those explanations with scientific analysis to move on to effective prediction and control.

Remember that theories are made up of concepts that are linked together in some sort of predictive relationship.
This statement becomes a research hypothesis when concepts become variables you are measuring and the relationship is specific

It is important to remember new social science terms and theoretical/conceptual terms that come up in the book, also place an emphasis on remembering names of theorists.

Introduction to Criminological Theory

Why are some individuals more likely to commit crime?

Why are some categories or kinds of people more likely than others to commit crime?

Why is crime more common in some locations than in other locations?

The authors of the book put forward a Sociological framework to explain crime, however, we must examine the historical development of Classical theories and Positivist theories first

Theories come from certain historical and intellectual circumstances and are often adapted and changed in modern times with changes in culture and research findings

All theories have limitations – logical flaws and lack of empirical evidence; consider this for each theory
Do you think there is likely to be a single theory that explains all types of criminality?

Types of Theory

What level of relationship and causal factors are present?

Micro level relationship: These theories are described as looking at the constitution of an individual – their biological make up or their personality characteristics.

Biological and Psychological theories

Macro level relationship: These theories are described as looking at issues in the social environment as the context of learning and behavior that impact decisions and opportunities of individuals

Sociological theories

From Theology to Science

Prior to 17th century (pg 95)

For most of history in western Judeo-Christian countries, religion formed most explanations of human behavior through the dark ages and the middle ages
The priests decided laws (or the King/Queen as sanctioned by the church)

Crime and deviance
caused by God and the Devil/Demons
punishments were “eye for an eye” and personal blood feuds
state punishments were brutal – drawing and quartering, hanging, burned at the stake, etc.

17th and 18th Centuries in Western Europe (pg 95)

Rise of the Age of Reason and the Enlightenment Era
View of human nature changes to free will and ability to reason based on evidence
Using “scientific” understanding of the world

This was based on empirical observation, reason and logic – use of evidence: Think about Darwin, Origin of Species

As nation states start to form in this period in Europe and the Americas – the influence of religion is weakened.

Drawing and Quartering: Classical School era
and before

https://www.tes.com/lessons/Q9zsC-76c8w4VA/the-enlightenment

Beccaria: human nature and the effective criminal justice system as a response to the brutality of the earlier era (pg 96-96)

Human nature:

Individuals have free will and use rational choice
Choice is guided by urge to maximize pleasure and avoid pain
Group nature: utilitarianism (T 5-1)
When we make laws we should seek to accomplish the greatest good for the greatest number of people
Criticism of utilitarianism: the greatest good for the greatest number of people who count.

To control behavior, the criminal justice system needs to perform effectively – a rational person responds best to a rational state policy not overly brutal punishment
The state must prevent crime – not be arbitrarily brutal (as in the past), no torture or death penalty (a rational person will kill to cover up a crime if they know death is the result)

To deter individuals from engaging in crime, punishment should be rational – specifically: Certain, Swift, Severe

Jeremy Bentham (1748-1832)

Bentham and Panopticon

https://www.themantle.com/philosophy/visibility-trap-body-cameras-and-panopticon-police-power

Mid-twentieth Century theorists offer Neo (new) Classical Perspectives

Cornish and Clark: Rational Choice theory

Evaluating (Limitations) of Rational Choice Theory (pg 99)

Deterrence Theory

Deterrence theory research

Considerations for why deterrence may not work

Type of offense – instrumental vs expressive (pg 100)
High or low commitment to criminal behavior
Public or private setting of crime

Bottom Line: In reality, the general and specific effects of legal sanctions are small or nonexistent

It is methodologically difficult to test deterrence- how do you measure non-action?

For example, I have never committed murder. I have always lived in a state with a death penalty (Florida, Nebraska, North Carolina). Is this this reason I have never committed murder? The death penalty is not a swift or certain punishment in any state. Also, rival causal factors include my morals, religion, etc.
US Criminal justice system is not swift or certain with any regularity and severity may be subjective

Routine Activities Theory (Cohen and Felson) as Rational Choice; pg 103-104)

Sound policy needs sound theory (pg 105)

Positivism is next – it is built on the criticisms of the Classical School and the emergence of natural science principles

Auguste Comte suggested forces, beyond a person’s free will, control/determine human behavior

Positivism –

“1. a philosophical system that holds that every rationally justifiable assertion can be scientifically verified or is capable of logical or mathematical proof, and that therefore rejects metaphysics and theism.

2. the theory that laws are to be understood as social rules, valid because they are enacted by authority or derive logically from existing decisions, and that ideal or moral considerations (e.g., that a rule is unjust) should not limit the scope or operation of the law.”

Source:

https://www.google.com/search?q=positivism+definition&rlz=1C1GGRV_enUS756US757&oq=positivism&aqs=chrome.1.69i57j0l5.6051j0j9&sourceid=chrome&ie=UTF-8

Positivism (cont.)

Charles Darwin (pg 97) was a naturalist putting forth a theory of human evolution with a method of inquiry based on the empirical observation and logic that later gets applied to social problems:

He helped establish the credibility of science for understanding human behavior and other social and physical phenomena through description and observation