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Aantekeningen Hoorcolleges Advanced Criminology

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Aantekeningen van alle hoorcolleges inclusief afbeeldingen van de slides. Ik kon helaas niet komen bij hoorcollege 5, daarom zijn dit alleen de afbeeldingen en tekst van de slides.

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  • January 17, 2023
  • 67
  • 2022/2023
  • Class notes
  • Veronika nagy
  • All classes
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LECTURE 1 INTRODUCTION,
CLASSICAL CRIMINOLOGY




WHAT IS CRIMINOLOGY ?

The systematic study of the nature, extent, causes and control of law-breaking and deviant behaviour.

WHAT DO CRIMINOLOGISTS STUDY?




Population  activist groups for example




These factors can influence the way we see deviancy and how we act towards it

SUBCONCLUSION

Current criminology is moving toward a more inclusive and expansive criminology that views crime as harm —
regardless of regulatory law.

,Comparative and global criminology is moving toward recognizing the interconnectedness of people in
different countries and cultures

CLASSICAL PERIOD 17 T H CENTURY

 The idea was that people were born as 'social types' with associated rights and privileges such as
status, wealth and power (e.g. landed gentry and serfs).
 Absolute monarchies, and "justice" was arbitrary, barbaric and very strict
 Corporal punishment and death penalty widely used (e.g. the gallows)
 Torture to force a confession
 People were born in a particular position in terms of power and wealth
 Aristocratic vs poor
 Growth of the middle class, wanted to cover their security with a new type of philosophy  non elite
but more powerful than peasants, new administrative system  classical period
 Classical period : more predictable and reliable, which an secure the security of the new classes

CATEGORIES OF THE POOR




 Deserving vs undeserving people in society
 To treat people on a more fair level
 Poor: categories of people who does deserve penalties and those who do not
 Indecent poor: morally less justified to commit crime

THE ENLIGHTMENT

 An important change took place in the 17th century: utilitarian philosophers recognized the injustices
of the legal and political system.
 The primary focus of utilitarian philosophers was to transform arbitrary criminal law into a fair, equal,
and humanitarian system.

CESARE BECCARIA (1738-1794)

 Humans are born as free, equal, and rational individuals with both natural rights (e.g. private property)
and natural qualities (e.g. freedom of reason).
o Free will
 Individual sovereignty; individual rights take precedence over the state – laws to protect individuals.
 Elected legislators to be represented by the people.
 Aristocratic
 “We shouldn’t consider people on the basis of class and power”  fair treatment

,  The social contract, the legitimacy of the state's authority over the individual, arises from a contract
concluded between the two; certain freedoms are given up, including the right to play in their own
court, in exchange for protection.
 Crime breaks the social contract
 Responsibility to protect the innocent and convict the guilty  law should serve the social contract
 Shift to new administrative system
o Idea of freedom
o Subsidiarity principle
o Proportionality principle
o Legality principle
o Weigh costs and benefits

JEREMY BENTHAM (1748-1832)

 Humans are rational beings whose laws must prohibit harmful behaviour in order to increase the
happiness of the community.
 Founder of utilitarian school: seeking as much happiness as possible and avoiding bad experiences 
the goal of society should be “The greatest happiness shared by the greatest number.”
 Penalties are higher for repeat offenders
o Beccaria: if you steal a bread ten times, you get ten times the same punishment
o Bentham: higher penalties for repeat offenders
o 3 strikes and out policy  dangerous consequence of this idea
 Punishment proportional to crime
 More prison penalties, less physical harms
 Since punishment also inflicts damage, this is only fair if it reduces a greater evil.
 Rejected the death penalty, as it would do more harm than good and therefore violates the principle
of utilitarianism.
 Rational system of supervision in a prison
 Hedonistic (pain-pleasure) calculus
o Choose behaviours that bring pleasure
o Avoid behaviours that bring pain
 Punishment depends on ability to understand repercussions of actions


BENTHAM AND HIS PANOPTICON
 Ultimate disciplinary prison:
o Inmates cannot see who is in central tower and/or they are being watched
 Inmates are thought the behave better in this type of prison and it is thought that this has a positive
effect when they are released

, LIMITATIONS OF THE CLASSICAL THEORIES?

 Are individuals treated equally on the basis of intellectual ability, age, mental capacity, and gender
today?
 Does this fit in a system in which a number of people receive more prosperity (welvaart) while all
persons are formally equal?
 Why do some people commit more crimes than others, when they would all have the same sense?
 Classical criminology: Focus on how tot treat people who are breaking the social contract
 Can we really treat everybody in terms of freedom, decision making and ratio as equal?
 Would they all have the same sense when committing crime?

DETERRENCE THEORY

Punishments must be:

 Severe (severe enough to balance out the impact of the crime)
 Certain (individuals must know the punishment is certain to come if they commit the criminal act)
 Swift (the punishment must come swiftly after the crime has been committed, so the two are
inherently tied together)
 Specific deterrence  applies by reoffending decisions by individual offenders
 General deterrence  the effects of legal punishment on the general public (potential offenders)

THE SHIFT TO JUSTICE THEORY

 Beginning in the 19th century, Darwinian evolutionary ideas, science and technology promised to
"liberate" mankind from the philosophical perspectives of the Enlightenment.
 Specific scientific rules, such as observation and manipulation of variables were developed.
 Violators were diagnosed and deemed to require treatment based on their diagnosis.
 Shift from deterrence to rehabilitation (justice)

RATIONAL CHOICE THEORY

 Rational choice theory explains how some people consciously and rationally choose to commit crimes.
 Potential offenders, with free will, consider the net benefits of committing crimes (cost-benefits).
 Circumstances, situations and possibilities influence decisions, as these factors are taken into account
in the calculation of the cost-benefit analyses of the risks (deterrence).
  cost-benefit decisions





 Clarke: increase of costs would decrease the interest in crime  balance shifts

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