CRM 1301 Lecture Notes - Lecture 4: 18 Months, Cruel And Unusual Punishment, Pickpocketing
26 Jun 2018
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LECTURE 4: CLASSICAL CRIMINOLOGY
First “real” theory of understanding and explaining criminal behavior.
ECONOMIC/SOCIAL CONTEXT: LIFE DURING THE 18TH CENTURY
Shift from feudalism to early forms of capital punishment
oFeudalism is an economic system based on repression
oThe shift away from Feudalism shows that society is now evolving and
moving away for an absolute monarchy.
oThe Capitalists (Bourgeoisie) are the ones that have control over society.
oSociety is now becoming more democratic rather than controlled by the
power of the King.
Protestant Reformation
oThe Church’s role in creation and administration of the law is starting to
weaken.
oSociety believes that men are free thinkers
People living in society are not puppets of the church and are not a
reflection of God.
They are entities on their own.
Population growth
oThe population of Europe is drastically increasing
oPeople are no longer living in small town but are now moving into big
cities.
oThe distribution of the population is becoming more dense
oSociety used to be based on sameness but is now based on diversity.
Need new forms of social control
oThe social control used previously is no longer effective.
oThere is a need for new forms of social control because:
Society does not rely on superstition in order to explain things.
In the past, people lived in small towns in which everyone would
have a social bond. At this time, people could not create a social
bond because the population was too large; meaning the aspect of
public shaming is no longer affective. People are not motivated to
come out for the public spectacle.
INTELLECTUAL CONTEXT: THE ENLIGHTENMENT (AGE OF REASON)
(1650-1800)
This is what people believed
The Enlightenment (renaissance) is all about philosophers and philosophy. It is the era of
people such as Voltaire, John Lock… They start to present different parts of the worlds
and the problems that come with it, such as political problems. They are adapting more
secular views and logical explanations and moving away from supernatural and religious
explanations.
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1. Reason is idealized
People don’t believe that God directly controls human behavior.
People no longer believe that the Church’s authority and power should be
excepted without question.
People start questioning social organization.
People believe that “reason” will allow society to develop. It will be the
instrument that rewards society and its institutions.
2. Doctrine of free will
The idea that people possess free will
oPeople have the ability to make their own choices. They decide what
they want to do and what they don’t want to do.
3. Rationality
The idea that people are rational beings
oThey can anticipate the consequences of every action and calculate
the most beneficial outcome.
They are able to weight out the pros and cons of an action.
4. Natural rights exist
The state has the role to ensure that people’s rights are upheld and that
individuals pursuing their own happiness does not jeopardies others
happiness.
Everyone in society has natural rights; it is not just the upper class, kings and
lords anymore.
oThese rights must be protected by the law
People are ready for a government by the people, for the people and of the
people.
5. Humans and hedonistic
People will engage in a sort of risk analysis before committing a crime.
oThey want to maximize their pleasure and minimize their pain.
oThey will weigh the potential pleasures with the pain from its
consequence.
DO YOU AGREE OR DISAGREE?
Offenders make choices about committing crimes based on the anticipated rewards
Individuals will decide NOT to commit crimes when the risks are too high or the rewards
are not adequate
A classical criminologist will agree with these statements.
Some rewards that are associated with committing crime are:
oNot having to pay for it
oRevenge
oA form of power/popularity
oMoney
oA form of adrenaline/stimulation/excitement
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find more resources at oneclass.com
What are some risks associated to committing crime?
oGetting caught/going to prison/loosing freedom
oHaving to pay a fine
oRuined status: Loosing prestige, status and popularity. You can lose your
family and friends.
oGuilt
oPossibility of getting killed in the process of committing the crime
oIf you’re religious; the possibility of going to hell.
WHAT IS THE SOCIAL CONTRACT?
An unwritten agreement shared by everyone in a society in which they give up
some freedom for security.
oThe government is essential for this to work as they enact laws that make
the social contract work.
oSociety should work for the people
oLiving together and in peace with laws is better than living with an
absolute monarchy.
oFor example: We all would like to drink over the speed limit; however,
most of us will follow it. We are giving up this freedom because it
benefits everyone in society.
oFor example: We have laws in regards to assault. If we did not have these
laws, society would be living in chaos.
What is a crime?
oBreaking of social contract
Society agrees that the state has the right to punish those who
breach, break and violate the social contract.
Demonstrable social harm: The greater the harm, the more
punishment there will be.
CRITIQUE OF CRIMINAL JUSTICE DURING THE 18TH CENTURY
Capital punishment
1. Negative effect
Many people argued that the use of capital punishment had a
negative effect on people as it was too gruesome.
2. Judges reluctant to convict
If judges did not convict people, they would not be
discouraging crime; however, judges did not want to punish
people because they thought that capital punishment was too
cruel.
3. Limitations of effectiveness
When a large group of people gather to watch the executions
of a thief, often there were thieves lingering in the crowd
pick-pocketing the audience showing how ineffective this
was.
Transportation
oWhat to do with all the prisoners?
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
First real theory of understanding and explaining criminal behavior. Protestant reformation: the church"s role in creation and administration of the law is starting to weaken, society believes that men are free thinkers. People living in society are not puppets of the church and are not a reflection of god. Need new forms of social control: the social control used previously is no longer effective, there is a need for new forms of social control because: Society does not rely on superstition in order to explain things. In the past, people lived in small towns in which everyone would have a social bond. At this time, people could not create a social bond because the population was too large; meaning the aspect of public shaming is no longer affective. People are not motivated to come out for the public spectacle. Intellectual context: the enlightenment (age of reason) (1650-1800) The enlightenment (renaissance) is all about philosophers and philosophy.
