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Announcements. Documents are available by going to the library…Faculty Website Reading Assignment for weekend: Pages 2-22,90-95, 106-130 Question pools . Review. What is Deviant behavior? How did society deal with deviant behavior? Every criminological theory implies a _______ ?
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Announcements • Documents are available by going to the library…Faculty Website • Reading Assignment for weekend: Pages 2-22,90-95, 106-130 • Question pools
Review • What is Deviant behavior? • How did society deal with deviant behavior? • Every criminological theory implies a _______ ? • The most important evaluation criterion for theory is_______?
What is a Theory? An explanation
What is a Theory? An explanation
What is a Theory? A statement of why or how things are related to each other
A Crime Theory Explains: • Why or how certain things are related to criminal behavior
Crime Theory Criminal Behavior For example: Unemployment
Some Theories Assume….. Crime is a part of human nature
Some Theories Explain….. How human nature is related to crime
Other Crime Theories Focus on….. } • Biological Factors • Psychological Factors • Sociological Factors • Economic Factors
Most Criminal Justice.. • Practices are based on theory • Policies are logical products of theory
Reasons for Studying Criminological Theory Be aware of theoretical problems that could undermine criminal justice policies
Classical Theory-Deterrence Free Will Pleasure vs Pain
Classical Theory If a person believes the legal penalty threatens more pain than the gain, they will not commit the crime
Classical Theory • Their calculation is based on • Own experience with punishment • The likelihood they will get caught • Their knowledge of the law • Their awareness of what punishment has been given in the past
Cesare Beccaria • All criminals should receive identical punishments
Cesare Beccaria • Punishment for crimes should be determined in advance
Cesare Beccaria • The penalty should be severe enough to overcome the pleasures
Cesare Beccaria • Certainty and Celerity • “The more immediately after the commission of a crime a punishment is inflicted, the more just and useful it will be”
Cesare Beccaria • Certainty and Celerity • “The more immediately after the commission of a crime a punishment is inflicted, the more just and useful it will be”
Jeremy Bentham • Agreed with the Deterrence Theory Doctrine • “…for each crime a punishment whose pains would outweigh any possible pleasure to be gained from them and by assuring the certain and swift administration of justice, rational men, deterred by the realization that a net loss will inevitably result from the criminal act, will refrain from breaking the law.”
Classical School • If the “Punishment most fit the crime” does that mean that “pain for gain” is the same for everyone? • Does this mean that legislature should have an exact scale of crimes with an exact scale of punishments?
Specific Deterrence • If I know that when I was caught the first time, I was severely punished. I do not want that again.
General Deterrence • The punishment for that crime is rather severe. I would not commit that crime because I do not want that.
Deterrence Doctrine The philosophical foundation for western criminal law
Modern Adaptations • Blumstein (1978) • “…longer sentences, if not a deterrent, will keep an inmate in longer” • President Clinton ”Violent Crime Control Act and Law Enforcement Act of 1994”
Group Project • There have been several different methods proposed to reduce drug abuse in the United States. • Which do you think will be more successful: • Minimum and mandatory sentencing or • An increase in spending on rehabilitation plans? • List three reasons in your answer