CRIM 300W Lecture Notes - Lecture 3: Gabriel Tarde, Social Ecology, Social Philosophy

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1) he denied that free will as the basis of criminal responsibility: should be held accountable (cid:396)ega(cid:396)dless of (cid:862)f(cid:396)ee (cid:449)ill(cid:863, liability & punishment, relevant to the harm to society. 2) viewed classical legal reforms as impractical: viewed individuals, circumstances, & motives for (cid:272)(cid:396)i(cid:373)i(cid:374)al (cid:271)eha(cid:448)io(cid:396) as (cid:862)u(cid:374)i(cid:395)ue(cid:863, should not be subjected to the uniformity of the cjs. Determinism was greatly at fault: for rendering the justice system ineffective. Positivism if accepted as the basis of cjs: only t(cid:449)o (cid:862)u(cid:374)a(cid:272)(cid:272)epta(cid:271)le(cid:863) st(cid:396)ategies could be used to deal with deviant behavior, complete forgiveness of a crime, extermination of a criminal, eugenics, death. Advocated for the need for individualization and discriminating judgment to for individual circumstances. This code treated everyone exactly alike, regardless of individual differences and circumstances: first offenders were treated the same as repeat offenders, minors were treated the same as adults. Insane individuals were treated the same as sane individuals.

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