"Judges, in criminal cases, have no right to interpret the penal laws, because they are not legislators. . . . In every criminal cause the judge should reason syllogistically. The major should be the general law; the minor, the conformity of the action, or its opposition to the laws; the conclusion, liberty, or punishment. If the judge be obliged by the imperfection of the laws, or choose, to make any other, or more syllogisms than this, it will be an introduction to uncertainty. There is nothing more dangerous than the common axiom: the spirit of the laws is to be considered. . . . The spirit of the laws will then be the result of the good, or bad logic of the judge; and this will depend on his good or bad digestion; on the violence of his passions; on the rank, and condition of the accused, or on his connections with the judge; and on all those little circumstances, which change the appearance of objects in the fluctuating mind of man."
beccaria - determinate sentencing
"It is, then, of the greatest importance, that the punishment should succeed the crime as immediately as possible, if we intend, that in the rude minds of the multitude, the seducing picture of the advantage arising from the crime, should instantly awake the attendant idea of punishment. Delaying the punishment serves only to separate these two ideas; and thus affects the minds of the spectators rather as being a terrible fight, than the necessary consequence of a crime; the horror of which should contribute to heighten the idea of the punishment."
beccaria: general deterrence and celerity
In the study of human affairs we rely on the same principles used to study other natural causes."
"The crimes which are annually committed seem to be a necessary result of our social organization. . . . Society prepares the crime, and the guilty are only the instruments by which it is executed."
"The share of prisons, chains, and the scaffold appears fixed with as much probability as the revenues of the state. We are able to enumerate in advance how many individuals will stain their hands with the blood of their fellow creatures, how many will be forgers, [and] how many poisoners."
a lot of criminal behavior results from clinical disorders (epilepsy) --> revised ideas to look at social factors
The most ferocious animals are physiognomically close to the born criminal; tigers and hyenas have bloodshot gray eyes identical to those of assassins.
In general, thieves are notable for their expressive faces and manual dexterity, small wandering eyes that are often oblique in form, thick and close eybrows, distorted or squashed noses, thin beards and hair, and sloping foreheads. Like rapists, they often have jug ears.
property crimes increase and violent crimes decrease for modernizing nations --> refutes whose theory
Durkheim anomie theory
"For its part, crime must no longer be conceived of as an evil which cannot be circumscribed closely enough. Far from there being cause for congratulation when it drops too noticeably below the normal level, this apparent progress assuredly coincides with and is linked to some social disturbance"
"A high frequency of deviant behavior is not generated merely by lack of opportunity . . . It is only when a system of cultural values extols, virtually above all else, certain common success-goals for the population at large while the social structure rigorously restricts or completely closes access to approved modes of reaching these goals for a considerable part of the same population, that deviant behavior ensues on a large scale
"Today, as then, we have still much to learn about the processes through which social structures generate the circumstances in which infringement of social codes constitutes a 'normal' (that is to say, an expectable) response. . . . Our primary aim is to discover how some social structures exert a definite pressure upon certain persons in the society to engage in nonconforming rather than conforming conduct. If we can locate groups peculiarly subject to such pressures, we should expect to find fairly high rates of deviant behavior in these groups, not because the human beings comprising them are compounded of distinctive biological tendencies but because they are responding normally to the social situation in which they find themselves. Our perspective is sociological. . . . Should our quest be at all successful, some forms of deviant behavior will be found to be as psychologically normal as conforming behavior, and the equation of deviation and psychological abnormality will be put in question
"The theory holds that any extreme emphasis upon achievement—whether this be scientific productivity, accumulation of personal wealth or, by a small stretch of the imagination, the conquests of a Don Juan—will attenuate conformity to the institutional norms governing behavior designed to achieve the particular form of 'success,' especially among those who are socially disadvantaged in the competitive race. It is the conflict between cultural goals and the availability of using institutional means—whatever the character of the goals—which produces a strain toward anomie."
Why does the United States have far higher crime rates than other western industrial nations?
Messner and Rosenfeld
what is the American Dream? Who said it?
"The American Dream refers to a commitment to the goal of material success, to be pursued by everyone in society, under conditions of open individual competition."
Messner and Rosenfeld
What are the four dimensions of the AMerican dream?
achievement, individualism, universalism, fetishism of money
What are the 3 consequences of a dominant capitalist society on other institutions?
devaluation, accommodation, penetration
what is functionalism and which theory does it go with?
institutions support each other and hold others up when they are weak - messier and rosenfeld institutional anomie