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CRJU 101 Chapter 2 Notes

by: Richard Martin

CRJU 101 Chapter 2 Notes CRJU 101 001

Richard Martin
GPA 3.59

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About this Document

These are notes covering all of Chapter 2.
Criminal Justice 101
Corey Burton
Class Notes
Criminal Justice, 101, crju
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This 4 page Class Notes was uploaded by Richard Martin on Friday January 22, 2016. The Class Notes belongs to CRJU 101 001 at University of South Carolina taught by Corey Burton in Winter 2016. Since its upload, it has received 70 views. For similar materials see Criminal Justice 101 in Criminology and Criminal Justice at University of South Carolina.


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Date Created: 01/22/16
Chapter 2: The Search for Understanding Friday, January 15, 20169:40 AM CriminalJustice • The process by which criminaloffenders come into contact with and are processed through the criminal justice system Criminology • The study of offenders and offending • Why is it important to understand the causes of crime? Theory • A statement regarding the relationshipbetween two variables ○ Ex. Crimeis more likelyin the presence of a motivatedoffender, suitable target and a lack of capable guardianship ○ Ex. Residential burglary (95% rulein criminology and other social sciences) Non-scientific Theories (pre-1700s) • Emphasize moral weakness and evil spirits as the cause of criminality • Based on falselogic or assumptions • Not based on scientific evidence ○ Ex. Salem Witch Trials (1692-1693) Schools of CriminologicalThought • ClassicalSchool (beginning in the mid-1700s) ○ ClassicalSchool was the first to use systematic methods to explaincrime ○ Crimeis a result of free will ○ Crimeis a conscious choice ○ Emphasizes deterrence as a response ○ Used in founding of laws, early correctional practices  Ex. The death penalty • Biological Determinism ○ Biological,chemical and genetic causes of crime ○ Offender often does not have free will ○ Incapacitation isused as a response ○ Little influence on law, heavy influence on correctional theory  Ex. Long prison sentences • Psychological Theories ○ Crimeis based on a subconscious influence ○ Offender must be "driven" to commit crime ○ Treatment isa key response ○ Insanity defense is the primary influence of the criminal justice system • Sociological Theories ○ Crimeis a result of socioeconomical factors, peers/learnedbehavior and conflict ○ External forces key drivingforce ○ Changing of situations can be used as a response ○ General and community-based crimeprevention techniques in criminal justice system  Ex. DARE, Boys and GirlsClubsof America Classicalvs Neoclassical Theories • Classical ○ Crimeis not a result of evil spirits ○ Free will,rational choice • Neoclassical ○ Presence of "mitigating factors" in crimeof factors that reduce criminal culpability  Ex. Age, mental capacity ○ Emphasize "proportionality" or idea that punishment should fit the crime CeasareBeccaria (1738-1794): Father of ClassicalCriminology • Advocated "Pleasure-PainPrinciple" • Believedthere were no mitigating circumstances when it came to crime • Believedall people wererational • Crimecan be prevented through deterrence with swift, certain and severe punishments ○ Opposed death penalty JeremyBentham (1748-1832): Founder of neoclassical school of criminology • Criminalbehavior ismatter of free will • Believedinmitigating circumstances ○ Ex. Cut break for young • Utilitarianism:punishment is for the good and happinessof society Implicationsof Today's CriminalJustice System • ClassicalCriminology ○ Crimeis a matter of free willand implicationsof proving crime was not a result of free will  Ex. Insanity • Neoclassical Criminology ○ Ex. Separate adult and juvenilepunishment Biological Theories • The PositiveSchool (20th Century) ○ Take into consideration emergingdisciplinesof psychology, genetics, sociology, and psychiatry ○ Make use of scientific method  Ex. Reliabledata and abilityto replicatefindings ○ Crimenot a matter of free will but matter of external and internal forces can be observed and measured CesareLombroso (1835-1909) • Father of Scientific Criminology • Viewedcriminalsas cases of "atavism" or failureof humans to fullydevelopinto modern men and women ○ Ex. Observable, primitivecharacteristics • Characterized people as "criminal"and "non-criminal" • Histheories have since been rejected • In earlyprisons, criminalsweretreated as animals • Emphasis on obedience to strict rules • Viewedas impossibleto reform "criminal man" Friday January22, 2016 Biological Theories • Modern Approach ○ "Biocriminology"focuses on research into the rolesplayed by genetic and neurophysiological variables in criminal behavior  Ex. Commonlyknown as biosocial criminology ○ "XYY ChromosomeTheory of Violent Behavior"  Normal maleshave one X and one Y chromosome  Extra Y chromosome has been shown to correlate with violentmale behavior • Biological Theories and today's criminal justice system ○ Overall, biologicaltheories have not been incorporated into criminal just practice Psychological Theories • Psychoanalytic Theory ○ Advanced by SigmundFreud in the late 1800's Does not directly address but is still useful in criminal justice ○ Does not directly address but is still useful in criminal justice ○ Based on the 3 components of the unconscious mind: 1. Id - unconscious desiresand conflicts 2. Ego - the rational mind 3. Superego - moral valuessystem • Psychological Theories and today's criminal justice system ○ Not widely used in the criminal justice system except in the insanity plea, criminal profiling and rehabilitation Sociological Theories • Social DisorganizationTheory ○ Theory that socially disorganizedurban areas lead to increased crimerates ○ Based on EmileDurkheim'snotion of "Anomie"or a feeling of normlessness resulting from social isolation ○ Social Disorganizationsand The Chicago School  Advanced by Robert Park and Ernest Burgess  More specifically, Social Disorganizationtheory states that increased crime is not a matter of an individualcharacteristic or group trait, it is the result of the surrounding environment □ Ex. Examining crime in Chicago, Parkand Burgesscame up with the "concentric zone model" of crime or "concentric zone theory" ○ Social Disorganizationand today's criminal justice system  If crime isa result of poor schools, few employmentopportunities, substandard housing or lack of access to medical facilities, the solution has been governmentsponsored programs aimedat improving social conditions  More specific to criminal justice has been the implementationof CrimePreventionThrough Environmental Design(CPTED) and Broken Windows theory • Interactionism ○ Differential Association Theory- advanced by Edwin Sutherland (1883-1950), argues that criminal behavior islearned through peer groups that reward or reinforce anti-social or deviant behavior  Ex. Crimeis learnedthrough interactions, not urban environmental conditions or heredity  Primaryshortcoming: Differential Association Theory does not explainwhy some people who are surrounded by criminalschoose not to engagein crime ○ Cultural Deviance Theories- argue that crime and deviance are the result of sub-cultural norms that outweigh the influence of lawsand norms of the largersociety  Ex. Organized crime families,juvenilegangs ○ Interactionism and today's criminal justice system  Sutherland's Differential Association Theory is widelyused in criminal justice, aimed at rehabilitativeefforts that encourage positive peer associations □ Ex. Not aimedat improvingother sociological factors/inequalities  Various subcultures clash with the criminal justice system □ Ex. Polygamists,honor killers • Social Control ○ Social Control Theory - social and cultural values exert control over people's behaviorwhile social institutions reinforce those values  Ex. Formal vs informal social control ○ NeutralizationTheory - advanced by Gresham Sykes and DavidMatza, arguesthat most people have committed some type of crime and felt a sense of guiltfor doing so, and have sought to neutralize this guiltas a result  Ex. Rationalization, denial or appeal to higherauthorities ○ Strain Theory - advanced by Robert Merton, arguesthat anti-social behavior (including crime) is the result of people wanting to achieve a middle-classlifestylebut feel this is impossiblethrough traditional, socially acceptable means  Key note: Strain depends on a person's attitude regardingthe goal of economic success and his or her attitude toward the meansof achieving the goal his or her attitude toward the meansof achieving the goal □ Ex. Conformity, innovation, ritualism, retreatism and rebellion ○ Social Control Theories and today's criminal justice system  Crimereduction mayoccur through programs that assist people in finding legitimate employmentor educational/vocational programs in prisons  Limits of Strain Theory □ Difficult to test the effects of strain on crime □ Limited to crimes where monetary gainis the motive • Labeling Theory ○ Arguesthat crime may be the result of society's negative reaction to someone's criminal act, which is internalized, and negativelyimpacts the person's self-esteem and behavior ○ Heavy emphasison juveniledelinquency  Ex. Condemnation vs forgiveness • Conflict Theories ○ Assert that powerful ruling political and social elitesexploitthe less powerful and use the criminal justice system to their own advantage to maintain their power and privilege  Ex. The relationshipbetween the haves and have-nots of society


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