CCJ 560 Bethel University Criminological Theory and Social Behavior Discussion The assignment that I need help with is in the attached word document. The r

CCJ 560 Bethel University Criminological Theory and Social Behavior Discussion The assignment that I need help with is in the attached word document. The reading for this chapter is also in the attached word document. David Levenson/Alamy
CHAPTER 3
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CLASSICAL AND
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NEOCLASSICAL
THOUGHT
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LEARNING OUTCOMES
After reading this chapter, you should be able to
answer the following questions:
What are the major principles of the Classical School
of criminology?
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What were some forerunners of classical thought in
criminology?
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Who were some important thinkers of the Classical
School of criminology, and what was their legacy?
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What is neoclassical criminology, and how does it
differ from the classical perspective? How does it build
on it?
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What is the role of punishment in neoclassical
criminology?
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What are the policy implications of the Classical
School and of neoclassical thought?
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What are the criticisms of classical and neoclassical
perspectives on crime?
ISBN 1-323-65050-4
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Criminology Today: An Integrative Introduction, Eighth Edition, by Frank Schmalleger. Published by Pearson. Copyright © 2017 by Pearson Education, Inc.
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■ mores Behavioral proscriptions covering potentially serious
violations of a group’s values. Examples include strictures against
murder, rape, and robbery.
Introduction
Major Principles of
T
the
Classical School
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The first part of this chapter summarizes the central features of the
R
Classical School of criminological thought, while a later section
describes
the neoclassical perspective—a modern day offshoot of
N
that early school. The eight key principles of classical and currentE
day neoclassical criminology are shown in Figure 3-1.
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,
Forerunners of
T
Classical Thought
A notion of crime as a violation of established law did not exThe
ist
Min most primitive societies. Lack of law-making bodies, absence of formal written laws, and loose social bonds precluded
M concept of crime as law violation, but all human societies,
the
from
Y the simplest to the most advanced, did evidence their
own widely held notions of right and wrong. Sociologists call
such fundamental concepts of morality and propriety mores and
folkways.
Mores, folkways, and law are terms used by William
1
Graham Sumner to describe the three basic forms of behav5
ioral strictures imposed by social groups upon their members.4
Mores
2 and folkways govern behavior in relatively small primitive societies, whereas in large complex societies, they are rein1
forced and formalized through written laws.
T Mores consist of proscriptions covering potentially serious
violations of a group’s values (e.g., murder, rape, and robbery).
S
Folkways are time-honored customs; although they carry the
force of tradition, their violation is less likely to threaten the
survival of the social group. The fact that American men have
traditionally worn little jewelry illustrates a folkway that has
given way in recent years to various types of male adornment,
including earrings, gold chains, and even makeup. Mores and
folkways, although they may be powerful determinants of behavior, are nonetheless informal because only laws have been
codified into formal strictures wielded by institutions and created specifically for enforcement purposes.
Another method of categorizing socially proscriptive rules is
provided by some criminologists who divide crimes into the dual
categories of mala in se and mala prohibita. Acts that are mala in se
Criminology Today: An Integrative Introduction, Eighth Edition, by Frank Schmalleger. Published by Pearson. Copyright © 2017 by Pearson Education, Inc.
ISBN 1-323-65050-4
A number of crimes are relatively spontaneous unplanned
events that occur in the heat of passion or when an unanticipated opportunity presents itself. A wallet left on the seat of
an unlocked car whose window is rolled down, for example,
is an invitation for anyone walking by to steal the wallet, and
some people will be unable to resist the temptation to reach
out and grab it. The majority of crimes, however, are likely
planned—at least to some degree. Crime planning, which
involves rational decision making on the part of the offender,
means not only that criminals assess the pros and cons of perpetrating offenses (i.e., the benefits versus the likelihood of
being caught and punished), but also the means of crime commission. An example of clear thinking in support of criminal
activity was recently available on listverse.com, a site that
touts itself as “focused on lists that intrigue and educate.”1
One list featured among the site’s crime and mystery series is
“Top 10 Tips to Commit the Perfect Crime.”2 Among the
tips offered are ensuring that anyone contemplating an offense
not leave any discoverable DNA at the scene of the crime.
Because DNA is ubiquitous, the list author explains that “[t]
he best solution … is to commit your crime in a place that is
likely to have a lot of DNA from strangers.” A park, a shopping mall, or “anywhere that a lot of people tend to gather”
is recommended as an offense location. The list author opines
that “[f]inding your DNA will be like finding a needle in a
haystack.”3
This chapter examines the belief that at least some illegal
activity is the result of rational choices made by individuals
seeking various kinds of illicit rewards. The perspectives presented in this chapter form the basis for strict policies of social
control—those based on punishment as a primary means for
curtailing continued criminality. As you read through this chapter, however, you might
Some illegal activity is ask yourself how the
theoretical approaches
the result of rational
that it describes can
counter the
choices made by indi- effectively
rewards of crime that
viduals seeking various might be imagined by
those who are considerkinds of illicit rewards. ing violating the law.
■ folkways Time-honored customs. Although folkways carry
the force of tradition, their violation is unlikely to threaten the
survival of the group.
■ mala in se An act that is thought to be wrong in and of
itself.
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■ mala prohibita
prohibited.
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An act that is wrong only because it is
Human beings are fundamentally rational,
and most human behavior results from free
will coupled with rational choice.
Pain and pleasure are the two central
determining factors of human behavior.
Punishment serves to deter law violators
and serves as an example to others who
might contemplate violating the law.
The principles of right and wrong are
inherent in our nature and cannot be denied.
Society exists to provide benefits to
individuals that they would not receive living
in isolation.
When people band together for the protection
offered by society, they forfeit some of their
personal freedoms in order to enjoy the
benefits of living among others
cooperatively.
Certain key rights of the individual are
necessary of the enjoyment of life, and
governments that restrict and prohibit the
exercise of those rights should be
disbanded.
Crime lessens the quality of the contractual
bond that exists between individuals and
their society. Therefore, criminal acts cannot
be tolerated by any members if everyone
wants to receive the most benefit from living
in a cooperative society.
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FIGURE 3-1 Key Principles of Classical and
Neoclassical Criminology
Source: Schmalleger, Frank, Criminology. Printed and Electronically reproduced
by permission of Pearson Education, Inc., Upper Saddle River, New Jersey.
ISBN 1-323-65050-4
AlexandreNunes/Shutterstock
Key Principles of Classical
and Neoclassical Criminology
are said to be fundamentally wrong, regardless of the time or place
in which they occur (e.g., forcing someone to have sex against
his or her will and the intentional killing of children). Those
who argue for the existence of mala in se offenses usually point
*RRGDQGHYLODUHVKRZQDWWHPSWLQJWRLQIOXHQFHDPDQ Crime
and other social evils have always begged for explanation.
What would today’s criminologists think of the claim that “the
devil made him do it”?
to some fundamental rule, such as religious teachings (the Ten
Commandments, the Koran, and so on), to support their belief
that some acts are inherently wrong.
Offenses termed mala prohibita are said to be wrong in
areas where they are prohibited (e.g., prostitution, gambling,
drug use, and premarital sexual behavior). The status of such
behaviors as mala prohibita is supported by the fact that they are
not necessarily crimes in every jurisdiction; prostitution, for example, is legal in parts of Nevada, as is gambling.
The Demonic Era
Since time began, humankind has been preoccupied with
what appears to be an ongoing war between good and evil.
Evil has often appeared in impersonal guise, as when the
great bubonic plague (the “black death”) ravaged Europe
and Asia in the fourteenth century, leaving as much as threequarters of the population dead in a span of 20 years. At
other times, evil has seemed to wear a human face, as when
the Nazi Holocaust claimed millions of Jewish lives during
World War II.
Whatever its manifestation, the very presence of evil in the
world has begged for interpretation, and sage minds throughout
human history have advanced many explanations for the evil
conditions that individuals and social groups have at times been
Criminology Today: An Integrative Introduction, Eighth Edition, by Frank Schmalleger. Published by Pearson. Copyright © 2017 by Pearson Education, Inc.
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■ Code of Hammurabi
An early set of laws established by
the Babylonian king Hammurabi, who ruled the ancient city of
Babylon from 1792 to 1750 b.c.
■ retribution The act of taking revenge upon a criminal
perpetrator.
forced to endure. Some forms of evil, like the plague and the
Holocaust, appear cosmically based, whereas others—including personal victimization, criminality, and singular instances
of deviance—are the undeniable result of individual behavior.
Cosmic-level evil has been explained by ideas as diverse as
divine punishment, karma, fate, and vengeful activities of offended gods. Early explanations of personal deviance ranged
from demonic possession to spiritual influences, to temptation
by fallen angels.
Early Sources
of Criminal Law
Code of Hammurabi
Modern criminal law is the result of a long evolution of legal principles. The Code of Hammurabi is one of the
first known bodies of law to survive for study today. King
Hammurabi ruled the ancient city of Babylon from 1792 to
1750 b.c. and created a legal code consisting of strictures that
were originally intended to establish property and other rights
and that were crucial to the continued growth of Babylon as a
significant commercial center. Hammurabi’s law spoke to issues
of theft, property ownership, sexual relationships, and interpersonal violence. Well-known criminologist Marvin Wolfgang
observed, “In its day, 1700 b.c., the Hammurabi Code, with its
emphasis on retribution, amounted to a brilliant advance in penal philosophy mainly because it represented an attempt to keep
cruelty within bounds.”5 Prior to the code, captured offenders
often faced barbarous retribution, frequently at the hands of
revenge-seeking victims, no matter how minor their transgressions had been. Learn more about the Code of Hammurabi at
Web Extra 3–1.
Early Roman Law
The best-known legal period in Roman history occurred
during the reign of Emperor Justinian I (a.d. 527–565). By
the end of the sixth century, the Roman Empire had declined
substantially in size and influence and was near the end of
its life. Possibly to preserve Roman values and traditions,
Justinian undertook the laborious process of distilling Roman
laws
T into a set of writings. This Justinian Code consisted of
three lengthy legal documents—the Institutes, the Digest, and
U
the Code itself—and distinguished between two major legal
R
categories: public laws and private laws. Public laws dealt with
the
N organization of the Roman state, its Senate, and governmental offices; private law concerned itself with contracts,
E
personal possessions, legal status of various people (citizens,
free
R people, slaves, freedmen, guardians, husbands, and wives),
and injuries to citizens. It contained elements of our modern
,civil and criminal law, and it influenced Western legal thought
up through the Middle Ages. Learn more about early Roman
law at Web Extra 3–2.
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A
Common Law
Common
law refers to a traditional body of unwritten legal
M
precedents that was created through everyday practice in English
M
society, was based on
shared traditions and
Common
law refers
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standards, and was supported by court decisions during the Middle
Ages. As novel situations
arose and were handled
by British justices, their
declarations became the
start for any similar future deliberations.
Common law was
given considerable legitimacy in the eleventh century with the official declaration that
it was the law of the land by King Edward the Confessor (a.d.
1042–1066). The authority of common law was further reinforced by the decision of William the Conqueror to use popular
customs as the basis for judicial action following his subjugation
of Britain in a.d. 1066.
Eventually, court decisions were recorded and made available to barristers (English trial lawyers) and judges. As criminologist Howard Abadinsky wrote, “Common law involved
the transformation of community rules into a national legal system. The controlling element [was] precedent.”7 Today, common law forms the basis for much of our statutory and case law
and has been called the major source of modern criminal law
to a traditional body
1
of unwritten legal
5
precedents that was
2
created through
1
everyday
practice in
T
English
society.
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Criminology Today: An Integrative Introduction, Eighth Edition, by Frank Schmalleger. Published by Pearson. Copyright © 2017 by Pearson Education, Inc.
ISBN 1-323-65050-4
Of considerable significance for our own legal tradition is early
Roman law. Roman legions under Emperor Claudius I (10
b.c.–a.d. 54) conquered England in the middle of the first century, and Roman customs, law, and language were forced upon
the English population during the succeeding three centuries
under the Pax Romana—a peace imposed by the military might
of Rome.6
Early Roman law derived from the Twelve Tables, a
collection of basic rules regulating family, religious, and economic life written around 450 b.c. They appear to have been
based on common and fair practices generally accepted among
early tribes existing prior to the establishment of the Roman
Republic; only fragments of the tables survive today.
■ Twelve Tables Early Roman laws written approximately
450 b.c. that regulated family, religious, and economic life.
■ common law Law originating from usage and custom rather
than from written statutes. The term refers to nonstatutory customs, traditions, and precedents that help guide judicial decision
making.
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■ social contract The Enlightenment-era concept that human beings abandon their natural state of individual freedom to
join together and form society. In the process of forming a social
contract, individuals surrender some freedoms to society as a
whole, and government, once formed, is obligated to assume responsibilities toward its citizens and to provide for their protection
and welfare.
■ Enlightenment A social movement that arose during the
eighteenth century and that built upon ideas like empiricism, rationality, free will, humanism, and natural law.
in English-speaking countries around the world. Learn more
about common law at Web Extra 3–3.
Magna Carta
Chris Maddaloni/CQ Roll Call/Newscom
The Magna Carta (literally, “great charter”), another importantT
source of modern laws and legal procedure, was signed on JuneU
15, 1215, by King John of England at Runnymede, under pressure from British barons who took advantage of his militaryR
defeats to demand a pledge to respect their traditional rights andN
to be bound by law. At the time of its signing, the Magna Carta
E
(63 chapters in length) was little more than a feudal document
8
listing specific royal concessions. Its original purposes were toR
ensure feudal rights, to guarantee the king would not encroach
,
on landowning barons’ privileges, to guarantee the freedom of
the church, and to ensure respect for the customs of towns.
Its wording was later interpreted during a judicial revolt inT
1613, however, to support individual rights and jury trials. Sir
Edward Coke, chief justice under James I, held that the MagnaA
Carta guaranteed basic liberties for all British citizens and ruledM
that any acts of Parliament that contravened common law
would be void, a famous ruling that possibly became the basisM
for the rise of the U.S. Supreme Court, with its power to nul-Y
lify laws enacted by Congress.9 Similarly, a specific provision of
the Magna Carta, designed originally to prohibit the king from
prosecuting the barons without just cause, was expanded into1
the concept of due process of law, a fundamental cornerstone of
5
modern legal procedure. Because of these later interpretations,
the Magna Carta has been called “the foundation stone of our2
present liberties.”10
ISBN 1-323-65050-4
The Enlightenment
7KH0DJQD&DUWD an important source of modern Western laws
and legal procedure. What are some other significant sources of
modern criminal law?
Leviathan (1651). Fear of violent death, he said, forces human
beings into a social contract with one another to create a state
that demands the surrender of certain natural rights and submission to the absolute authority of a sovereign while offering protection and succor to its citizens. The social contract concept
significantly influenced many of Hobbes’s contemporaries, but
much of his writing was condemned for an overly pessimistic
view of both human nature and existing governments.
1
T
S John Locke
The Enlightenment (or the Age of Reason), a highly significant social movement occurring during the seventeenth
and eighteenth centuries, was built upon ideas developed
by many important thinkers. Because of their indirect contributions to classical criminological thought, it will be
worthwhile to spend a few paragraphs discussing the writings of a few of these historical figures. Learn more about the
Enlightenment and the intellectual figures who gave it life at
Web Extra 3–4.
Thomas Hobbes
English philosopher Thomas Hobbes (1588–1679) developed
what many writers regard as a negative view of human nature
and social life, which he described in his momentous work,
In 1690, English philosopher John Locke (1632–1704) published his Essay Concerning Human Understanding, putting forth
the idea that the natural human condition at birth is like a blank
slate upon which interpersonal encounters and other experiences indelibly inscribe the traits of personality. In contrast to
earlier thinkers, who assumed that people are born with certain
innate propensities and rudimentary intellectual concepts and
ideas, Locke ascribed the bulk of adult human qualities to life
experiences.
In the area of social and political thought, Locke further developed the Hobbesian notion of the social contract
and contended that human beings, through a social contract,
abandon their natural state of individual freedom and lack of
interpersonal responsibility to join together and form society.
Criminology Today: An Integrative Introduction, Eighth Edition, by Frank Schmalleger. Published by Pearson. Copyright © 2017 by Pearson Education, Inc.
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■ natural law The philosophical perspective that certain immutable laws are fundamental to human nature and can be readily
ascertained through reason. Human-made laws, by contrast, are
said to derive from human experien…
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