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Classical Theory Of Crime 18th Century
Classical Theory 18th Century
The classical theory was a theory by Cesare Beccaria and Jeremy Bentham who enforced the idea that everybody has free will when making the decision to commit crime or not, and that punishments can be a deterrent for crime under the conditions that the punishment fits the crime, that it is proportional and is carried out promptly. This theory was more
based on the crime itself rather than the individual who had committed the crime. -
Effect of Classisim on the Criminal Justice System
These control measures had a huge impact on the Criminal Justice System. If people were sentenced to longer prison sentences, this would cost the government a lot of money because even though being in prison is a punishment, you have shelter, food, water and home like facilities in the jail cell. The more people in jail, the more this would cost. -
Classical Theory
The task of this was not to understand the causes of human behaviour and why someone had committed a crime, but the task was more to find ways of controlling and directing behaviour. This resulted from the reward of committing the crime to be greater than the punishment given because of that crime. -
Crime Control Methods of Classicism
From this theory, crime control measures were put into place to lower the rate of crime. Cesare Beccaria suggested equal punishments between the different classes of society. This meant that the rich would face the same punishment for a crime as poor person would face if they committed that same crime. Another crime control measure that came into place was harsher punishments; this could have meant longer imprisonment sentences for particular crimes and also capital punishment. -
Crime Control Methods of Classicism
If the punishment was not severe enough then the benefit would outweigh the risk of the crime therefore the individual would go on to commit this crime again. Crime punishments were also given straight away. -
Effects of Classicism on the Criminal Justice System 3
Prison could have been seen as a benefit to some people, if people could not afford food, water or shelter, they would receive this in prison so why would they not want to be there? This would cause the crime rate to increase therefore imprisonment would only work for certain individuals and not for all. -
Effects of Classicism on the Criminal Justice System 2
Also if more people were being sent to prison and for a longer time rather than short periods of time, the prisons would be not only filled up but filled up for a longer period so other offenders may not have a cell to be sentenced which would lead to more prisons being built and costing more money. -
Control methods of Voluntarism 2
Longer imprisonment sentences were given due to the regular reports in the media which reduced the amount of crime being committed on the streets but prisons were filled up quicker and for a longer period. -
Affect of crime Control Methods of Voluntarism on Criminal Justice system
The different control methods enforced from this theory affected the criminal justice system because of the costing of prisons. More people were being sent to prison for longer periods which reduced the space in prison. -
Voluntarism Theory Of Crime
The theory of voluntarism is that an individual who is committing a crime is aware of their actions and is committing their crime under free will. This links in the classical theory. Our intelligence gives us the ability to differentiate right from wrong and out free will gives us the ability to act upon this. From this, the advantages and disadvantages of the crime will be put into consideration and a decision will be made from this as to if the criminal will then go on and commit the crime. -
Control Methods of Voluntarism
From the theory of voluntarism, harsher punishments was used as a crime control method because people were committing crime under their free will so therefore should be punished for committing those actions. There were set punishments for the different crime. Also if we know right from wrong, why should people commit the wrong doings? -
Affect of Crime Control Method of Voluntarism on Criminal Justice System
If people knew what punishment they would get from committing a crime then they would have second thoughts on whether or not it is actually worth committing that crime due to the punishment penalty they would have to face. This would make it easier for the Criminal Justice System to give the set punishments to those who do not abide by the law. -
Positivism Theory Of Crime
Positivism is a theory that looks at how criminal behaviour can be studied using different ways of science and also looks at the individual themselves as to what has caused them to commit a crime. This looks at the nature side of an individual and the factors that could have influenced crime to be committed. This theory links in with biological positivism. This looks at the genetics, psychology and pathological reasons as to why the individual committed the crime and also to find a cure. -
Positivism Theory of crime 2
From this they are looking at the whole picture of the crime and not just the crime and punishment. This theory links closely with Cesare Lombroso who was a medical doctor who carried out scientific experiments to prove that those who commit crime were physically distinct from those who did not break the law. -
Crime control measures from Positivism
The different crime control measures enforced because of this theory were treatment based. This was because positivist thought criminals could be cured to no longer commit crimes. This theory also looks at how science can be used to study peoples behaviour as to if they will go on to commit crime or if they have committed a crime before then why they had done so. -
Crime control measures from Positivism 2
The crime measures also involved finding out why someone had committed a crime and then a cure for this factor. This could result in sending them to a mental institute or finding a treatment. -
Impact of Positivism on the Criminal Justice System
This would have an impact on the Criminal Justice Service because of costing solely. The amount of money for treatment courses or for developing a cure for someone costs a lot of money for the government. If a criminal is tested to see whether or not they need a cure, whether or not they do it will cost a lot of money to just scientifically tested. -
Impact of Positivism on the Criminal Justice System
Also there is only a certain amount of space in mental institutes which would limit the amount of people being sentenced there; it would cost money to build more mental institutes. If everyone to be tested and cured for committing crimes, different offenders might need different cures which would cost even more than it would to develop one cure to solve crime. -
Biological Positivism Theory Of Crime
This theory looks entirely on the biological explanations of crime and was influenced by Charles Darwins theory on Evolution. This lead to the development of the theory of Atavism. This theory of Atavism involved the belief that a criminal was born a criminal and could be distinguished using physical stigmata. This looks at the body type of an individual and how this could be the reason as to why they committed a crime. -
Biological Positivism
William Sheldon carried out a study attempting to link the body type of an individual to their personality. He separated these into three somatotypes; endomorphs; a heavy round built body structure; a relaxed and sociable personality, mesomorph; a well built muscular body structure; active, aggressive and sometimes violent personality; and ectomorph; a delicate weak build; with a sensitive and intellectual personality. -
Crime control Measures of Determinism
This theory leads of from positivism so the control measures for crime were quite similar. Determinism looks at how someone should be given help if they can not control their problems which had lead them to carrying out crime. A policy that leads from this was rehabilitation. This process consisted of programmes that would help individuals get back into the law-abiding society by expert and professional help and support. -
Affect of Determinsim on the Criminal Justice System
This would help and benefit the Criminal Justice System because people with mental health issues who have no control over themselves were receiving the help that they needed, however rehabilitation was a costly process. If people were being sent to rehabilitation centres and not to jail, offenders will want to pass that they have a mental illness so they would not get the punishment they deserve. -
Affect of Determinism on the Criminal Justice System
This could leave the criminal justice system giving individuals the wrong type of control measure. Does rehabilitation always work? This could be questioned as to whether how many people have gone on to commit other crimes even though they have had expert support and help. -
Determinism Theory of Crime
Determinism is the theory that an individual has no control of their actions which could lead to a crime being committed. We do not have free will therefore there are factors that are beyond our control that can encourage crime. It would be wrong to punish someone for committing a crime that they had no control over. This theory looks at the individual committing the crime and whether the factors that have uncontrollably influenced them to do so mean that the individual has to be punished or not -
Interactionism - Labeling Theory
Interactionists argue that law abiding people are no different to those who go against the law therefore this theory is about people labelling deviant behaviour and stereotypically labelling individuals as offenders which may encourage them to commit crime. Deviant behaviour is only deviant because of how people label it using rules and sanctions. -
Howard Becker - Labeling Theory - Interactionism
Howard Becker, an American sociologist argued – “Deviancy is not a quality of the act a person commits but rather a consequence of the application by others of rules and sanctions to an ‘offender’. Deviant behavior is behavior that people so label.” From this, Becker believed that a criminal and deviant career usually follows after an individual is labeled, this can be seen as a master status to the individual. -
Genetic explantation of Crime
This study looks solely on the genetic coding of an individual and how this could be the factor as to why they are committing a crime. A genetic study was also carried out to determine genetics being a factor for crime. The ‘XYY syndrome’ is a biological mutation which results in males having an extra Y (male) chromosome. Scientists believe that this chromosome allows the individual male to be more aggressive and violent therefore more likely to commit crime. -
Realism – left – right 20th century
Realism is the theory looking at crime in general but also from the public’s perspective and that crime had to be taken seriously. It has a realistic view of crime itself and looks at the crime the public are more concerned about and fear but also how society can have an effect on an individual committing a crime. It also looks at the different crime measures introduced because of earlier theories and how these measures are not working to reduce the rate of crime. -
Period: to
Realism
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Right realism
Right realism gives the argument that an offender will make a choice on whether or not to commit a crime weighing out the benefits and risks from committing the crime. This theoretical approach believes that the victim of the crime should have more attention than the offender because they would be the one suffering rather than the offender; this differs from positivism which looks at the offender not the crime or victim. -
Right Realism
James Q Wilson, an advisor on Crime and Justice argued that the reason crime is committed is because the offender outweighs the risk of the crime with the benefits of committing the crime. Another contribute of right realism is personal and individual responsibility. This would involve individuals looking after their property and personal belongings for example; locking cars. -
CCTV Control Method
This crime control method was also argued that it was invading people’s privacy. Why should people be watched if they are not doing anything wrong and are abiding the law? This crime control method has increased over the decade and have also been used to detect other types of crime for example; car speeding. -
Left Realism
Left realism was a dominating challenge to right realism. Labour politician Tony Blair has very different views from right realism. He believed that crime should be taken seriously but the offenders of crime are working class individuals committing crime against other members of the working class society. -
Neighbourhood Watch - Policy from Right Realism
Neighbourhood watch is a scheme were individuals apart of a community come together to make their community a better and safer place. This scheme was introduced to protect inviduals themselves and their property and also lower the fear of crime.
Neighbourhood watch was first iontroduced in 1982 after being set up in Mollington, Cheshire. Neighbourhood watch was influence by a similafr scheme in Chicage, United States. -
Objective of Neighbourhood Watch
An objective of neighbourhood watch would be to create and maintain a caring community and increase crime prevention awareness that will reduce crime opportunity.
Assisting the Police by detecting crime and also improving security of the community.
Improve communication between police forces and communities to help tackle crime together and come up with crime prevention strategies. -
CCTV
As part of right and left realism, a crime control measure of realism in whole was CCTV. This included cameras to be placed in certain areas of where crime was being committed. This allowed the police services to monitor the crimes that were being committed and who was committing them. This was introduced to see whether or not if people knew they were being watched, would they still go on to commit crimes? -
Zero Tolerance Policy - Right Realism
The Zero Tolerance Policy was introduced from realism. This policy includes a strong approach to crime resulting in minor crimes being treated as if they were major crimes therefore harsher punishments were given for crime as a whole. This allowed a more powerful approach on crime. This came from the ‘Broken Windows Theory’ that claims that there is a link between crime and disorder, and a community that falls into disorder is one of the main factors of crime. -
Individual Reponsibility
Individual responsibility is also a crime control method. This included neighbour hood watches, communities working together and also self pride. This encouraged individuals to looks after their property and stop crime being committed to them. This came about in the Broken Windows Theory. If you cut down the crime opportunities that encourage crime, then crime will be committed less. Dos this shift the blame onto the victim rather than the offender? -
Asbo - Anti Social Behaviour Order - Left Realism
Asbo (anti social behaviour order) is a civil order in the UK against an individual who has been shown through evidence that they have been commititng anti-social behaviour. This policy was introduce in Left realism by Tony Blair. This was introduced to correct minor crimes that would not lead to a prosectution. These restrict behaviour by prohibiting an individual to a certain area or place (shop). This ASBO was a response to behaviour.conduct that would cause harm, harrassment or distress. -
Realism replaces Positivism - Rehabilitation
Research of the rehabilitation crime control method has shown that rehabilitation does not work. If rehabilitation does not work then crime is still going on to be committed therefore this crime control method is useless in preventing crime. Also the cost of rehabilitation is high. If the cost is high and is shown to not always work, then money is being wasted. -
Realsim Replacing Positivism - Voluntarism
Voluntarism – People commit crime through choice and free of will, people make decisions on their actions. This is a lack of self control and responsibility which encourages an offender to commit crime. How do we prevent someone from choosing right from wrong in their own decision making? -
Realism Replaces Positivism - Opportunities of Crime
A way of which crime rate can be decreased is by reducing the amount of crime opportunities. If there are many crime opportunities taking place, this encourages individuals to commit a crime more easily. It would be easier for an individual to make a decision on whether or not to commit a crime if they are being encouraged by open crime opportunities. Therefore if these are reduced, less crime is going to be committed because there is no encouragement of crime. -
Realism Replaces - Positivism - Crime Factors
When individuals commit crime, there are many potential factors that encourage one to commit. Suggesting that there are simply too many factors and impossible to design programmes to treat individuals of crime. Also liberal arguments about social factors influencing crime is wrong, social factors like poverty and employment decrease during he 1950’s but there was a increase in crime rather than a decrease. -
Realism Replacing Positivism - Moral Standards
Crime has also been considered to be a symptom of declining moral standards. For example family breakdowns and single parenting, and also poor parenting whether that be by a single parent or not, these are considered to motivate criminal behaviour. How do we prevent family breakdowns and single parenting? Parental guidance can be given to help those in poor parenting but can we actually stop family breakdowns or separations if its other peoples choice and decision? -
Restorative Justice
restorative justice is a process introduced to bring the victim of a crime and also the offender together and enbaling them to commicate to restore the harm and find a positive way forward.
This policy can empower the victim to have a voice and gives the offender the chance to take the responsibility for their actions and help make amends with the victim of the crime. -
Merits of Interactionism.
The labeling theory can be a very hard to prove as we don't know how deviant an individual was before they were given a label, and whether or not they are given a label or not, the crime that they have committed can still be seen as deviant for example; Murder.
some individuals may not react to the labels they are given and may not commit crime, does this prove that it is not the label statuis that is incourging them to commit crome but the individual themself.
