Caesar Beccaria (1735)
Was one of the first people to develop a systematic understanding of why
people commit crime
Believed in the concept of ultitarianism:
The view that people’s behavior is motivated by the pursuit of pleasure
and the avoidance of pain.
Classical school:
People have the free will to choose criminal or conventional
behaviors. People choose to commit crime for reasons of
greed or personal need. Crime can be controlled only by the
fear of criminal sanctions.
Positivism:
The branch of social science that uses the scientific method of the natural
sciences and suggests that human behavior is a product of social, biological,
psychological, or economic forces.
Compe (1798): the founder of
sociology Sociology
Scientific method:
The use of verifiable principles and procedures for the systematic acquisition
of knowledge; typically involves formulating a problem, creating hypotheses,
and collecting data, through observation and experiment, to verify the
hypotheses.
Phrenology:
Franz Gall
Studied the shape of the skull and bumps on the head and concluded that
these physical attributes were linked to criminal behavior. They believed
that the size of the brain area could be determined
Lombroso
“Father of Criminology”
Was convinced that serious and violent offenders had inherited criminal
traits; these “born criminals” suffered from “atavistic anomalies”
, Sentencing
Beccaria definite (10 years)
Lombroso indefinite (610
years) Probation: alternate to
jail
Parole: subsequent to jail after minimum is
served Violations
Technical: pushing boundaries (ex. Drinking alcohol)
Direct: violating parole as a result of committing a crime (ex. DUI); can result
in reincarceration
Rational Choice
Theory Beccaria
The view that crime is a function of decisionmaking process in which the
wouldbe offender weighs the potential costs and benefits of an illegal
act.
General deterrence: communicated to a deterable audience (DUI
commercial, PSA) Specific deterrence: communicated to a specific person
(parole, etc)
Incarceration vs. recidivism:
Jail only puts off recidivism while
incarcerated Crime
1. Act/omission
2. Mens rea (Latin for guilty mind)
3. Statute
4. Sanction
5. Stare Decisis: conforming to common law