Unit 3: Criminal Law Criminology

Historical Perspectives On Criminology Those in group "A" are all shoplifters, "B" are swindlers, "H" are purse snatchers, "E" are murderers, etc

Historical Perspectives: Classical Theory Solutions Punishment is because people choose to commit a crime. The punishment should be severe enough to deter criminals from committing a crime. The punishment should fit the crime. Definition Human beings are rational, and make decisions freely and with understanding of consequences. Persons rationally choose actions that will bring them pleasure. Crime is an immoral form of behaviour.

Positivist School Focused on biological and psychological factors to explain criminal behaviour rather than legal system Lombroso “born criminal theory” XYY theory

Theory Of Anomie Proposed by Emile Durkheim Argued that as society moved from rural to urban, traditional values that regulated behaviour weakened People would turn to crime living in a big city, no longer restrained by norms of society Called this state of isolation “anomie”

Ecological School Argued that criminal behaviour was encouraged or fostered in certain environments Communities that suffered from high poverty & social disintegration were more likely to condone criminal activity than affluent areas

Consensus Theory Consensus theorists assume there is a universal definition of right and wrong and that criminal law reflects this consensus Argue that criminal laws prohibit behaviours that society agrees are harmful

Contemporary Theories Of Crime

Strain Theory Argues that people commit crimes when they believe they cannot achieve their desires and goals through legitimate means. The stress of goals of acquiring wealth (success and power), and the means to achieve these goals (education, economic resources) are denied to the economically disadvantaged

Socialization Suggests the key influences leading to criminal behaviour are found in upbringing, peer groups, and role models

Biological Theories

Biological Trait Theory Argues that some human traits such as intelligence, personality, chemical and genetic makeup may predispose people to engage in criminal behaviour Research suggests that the following can cause a person to become a criminal Poor diet (“Twinkie Defense”) Influence of hormones (androgens) Exposure to drugs/alcohol in the womb

Neurophysiological Theory Focus on the study of brain activity and how neurological dysfunctions are connected with criminal activity Twin studies