Fluent Essays

The assignment that I need help with is on the attached Word Doc. The unit reading in the text book for this assignment is also attached. unit_2_discussion_.docx unit_2_read.pdf Unformatted Attachment Preview Course: Criminological Theory: CCJ5600_0518_19101 Textbook: Schmalleger, F. J. (2012). Criminology today: An integrative introduction (6th ed.). Upper Saddle River, NJ: Prentice Hall. Assignment: Comment on this statement- thinking like a criminologist. Respond Min 300 words with 3 scholarly references. APA format but NO COVER SHEET required. From a criminological perspective as well as faith-based viewpoint, explain the term crimes against humanity. David Levenson/Alamy CHAPTER 3 T U R N E R , CLASSICAL AND T NEOCLASSICAL THOUGHT A 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? ● What were some forerunners of classical thought in criminology? ● Who were some important thinkers of the Classical School of criminology, and what was their legacy? 1 5 2 1 T S ● What is neoclassical criminology, and how does it differ from the classical perspective? How does it build on it? ● What is the role of punishment in neoclassical criminology? ● What are the policy implications of the Classical School and of neoclassical thought? ● What are the criticisms of classical and neoclassical perspectives on crime? ISBN 1-323-65050-4 ● M M Y Criminology Today: An Integrative Introduction, Eighth Edition, by Frank Schmalleger. Published by Pearson. Copyright © 2017 by Pearson Education, Inc. 54 CHAPTER 3  t &/$66,&$/$11(2&/$66,&$/7+28*+7 ■ 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 U 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. R , 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. )25(5811(562)&/$66,&$/7+28*+7   ■ mala prohibita prohibited. 55 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. T U R N E R , T A M M Y 1 5 2 1 T S | 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. 56 CHAPTER 3  t &/$66,&$/$11(2&/$66,&$/7+28*+7 ■ 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. T 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 Y 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. S 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. )25(5811(562)&/$66,&$/7+28*+7   57 ■ 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 j ... Purchase answer to see full attachment