Chapter 2: The Ideological Framework For Crime Control And Explanations For Crime Anderson & Slate...

Chapter 2: The Ideological Framework For Crime Control And Explanations For

Crime

Anderson & Slate

Copyright © 2011, Patrick Anderson and Risdon Slate, All Rights Reserved

Models of Criminal JusticeConservative Crime Control Model

• “Get tough on crime”• “Lock ‘em up”• “Unleash cops & prosecutors”• Criminal sanctions resemble parental

discipline• Abolish “loopholes” in criminal justice• Assembly-line justice• Punishment-deterrence• Quick, efficient processing of guilty

persons• Presumption of guilt• Factual Guilt

Liberal Due Process Model

• Criminal justice resembles a classroom

• Emphasis on causes of crime• Due process of law• Criminal justice should be an

obstacle course, erect hurdles• Quality, not quantity, of arrests

and convictions• Control the police and prosecutors• Individual rights• Legal guilt


Conservative Crime Control Model

Most important functions of criminal justice include:Repression of criminal conductHigh rate of apprehension and convictionSpeed and finality of criminal justice processing

Finality is created by minimizing the occasions for challenging or derailing the criminal justice process.


Samuel Walker

• Why does he refer to it as liberal and conservative theology?

• What does Walker say about the death penalty as a general deterrent?


In the adult system, it is called arraignment; in the juvenile, it is called a detention hearing.

In the adult system, there is a right to a jury trial; in the juvenile, there is no right to a jury trial.

In the adult system, it is called, trial; in the juvenile, it is called an adjudicatory hearing.

In the adult system, one is found guilty; in the juvenile, one is adjudicated delinquent.

In the adult system, it is called a sentencing hearing; in the juvenile, it is called a dispositional hearing.

In the adult system, it is called a presentence report; in the juvenile, a pre-dispositional report.

In the adult system, one is sent to prison; in the juvenile system, one is sent to a state training school.


Mckeiver v. Pennsylvania

• Juveniles and Jury Trials


Classical Criminology

• According to the classical school of criminology all behavior is a product of the individual’s free will.

Cesare

Beccaria

1738-1794

Age of

Enlightenment

On Crimes and Punishment

• As a result of the belief that the people being governed have to be in agreement with the control of their government: “ government by the consent of the

governed ” Copyright © 2011, Patrick Anderson and Risdon Slate, All Rights Reserved

Considerations• Classical Criminology does take

into consideration those who do not have “free will” to make decisions

-the young, the insane and the incapacitated

• For such individuals, treatment is thought to be more appropriate than punishment.

• Those who do commit criminal acts out of their own “free will” are to be punished quickly and justly.

FREE WILL!

K


Neoclassical School

there is free will, but…• sometimes circumstances

that may negate or lessen someone’s responsibility for the commission of an act may exist.

• not all behavior is based on rational choice

• Insanity and coercion could cause the commission of crime.


Positive Criminology• Believes people are naturally

social, conforming individuals

• Takes environment into consideration when attempting to explain crime

• Therefore: –Criminal behavior is abnormal

or pathological•Detectible and curable


The Positive School of Criminology

• Positive Criminologist study biological, psychological, and sociological factors that contribute to criminal behavior.

Today we use several methods to identify crime as an attempt to capture criminals so that they can be dealt with accordingly.

• Education programs (Junior Police)

• Neighborhood watch

• Surveillance (shopping center, bank etc.)


Continuum on Responsibility

Classical School Neoclassical School Positive School

Free Will Soft Determinism Hard Determinism

Fully Responsible Responsibility mitigated by circumstances Not Responsible


Biological DeterminismCesare Lombroso: “father of modern criminology”

Believed criminals were not as evolved as non criminals

Criminals were characterized by animal like, amoral behavior

Atavistic: throwbacks to a more primitive stage of development


Focus of Biological Determinism

• Biological Determinism theories focus on studies of stigmata, or body types, genes and chromosomes as well as differences in brain or central nervous system

Cesare

Beccaria

Free

will

Cesare

Lombroso

Biological

Determinism

Atavistic

Classical

Criminology


Phrenology

• Phrenology: “lumps on head” theory

In Europe:Francis Gall developed a system to show the relationship between head shapes or knobs, and behavior and character traits

In America:Charles Caldwell reported three compartments in the brain

One for active propensities, one for moral sentiment, and one for intellectual faculties


Body Types and Crime• William Sheldon studied

delinquent boys in Boston and classified body types as:

– Endomorph: rotund and jovial with outgoing personalities

– Mesomorph: muscular, well proportioned, with competitive, aggressive, and driven personalities

– Ectomorph: slender and frail, introverted, withdrawn behaviors


Exploring Genetic Influences• Studies of prisoners revealed that a

statistically significant number of prisoners had an XYY chromosome abnormality.– Supermale: more aggressive and potentially

criminal individuals with an extra Y chromosome– XYY male: said to be 6 inches taller than the

average male with a lower IQ

Further research showed that the XYY male was less aggressive and less likely to commit crimes against persons than the XY male

BUT


DNA and Crime• Genetic influences on crime are still being

researched, but the advances in technology have allowed for the identification of and individual through hair and skin cells amongst other things that contain DNA.

• This has not only assisted in identifying the criminal but also in identifying the victim in cases of severe disfiguration and lack of identification.

• Unfortunately, areas such as forensic science have grown in popularity and have become the focus of several television shows. – The oversimplified plots that take place on television

result in the jury’s increased expectations when it comes to the evidence found at the scene of a crime.

– As a result, experts have to testify explaining why the evidence is not there in order to satisfy the jury’s expectations.

– This increases the length of the trial process and therefore, increases court costs.Copyright © 2011, Patrick Anderson and Risdon Slate, All Rights Reserved

Contemporary Biological Research

• Today heredity is the generally accepted causative factor in things such as:– Alcoholism– Cancer– Heart disease– Violent behavior

C. Ray Jeffery: leading proponent of genes influencing behavior through brain chemistry, hormonal systems and their interaction with environment

Nutrition and early childhood effect behavior patterns for years after their actual occurrence.


Psychological Explanation of Crime

• Psychological theories about crime have focused on intelligence, personality disorders, and insanity.

Alfred Binet: used task-related skills that measured reasoning ability

– Intelligence Quotient (IQ): mental age divided by chronological age and multiplying by 100

– Binet-Simon scale: tasks arranged from 54-90 that covered mental ages from three years to what is called the

“superior adult”Copyright © 2011, Patrick Anderson and Risdon Slate, All Rights Reserved

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Chapter 2: The Ideological Framework For Crime Control And Explanations For Crime Anderson & Slate...

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