Terms in this set (42)
What is the sociological persepctive of punishment?
That punishment is shaped by social forces.
What is the penalogical perspective of punishment?
Punishment is technique of crime control reduction.
What is the philosophical perspective of punishment?
Based on ethical reasoning and morality. Justice.
Marxist vs Durkehieman perspective on punishment.
Marxist: Punishment reflects economic motivations - labor of convicted offenders as exploitable resource.
Durkheimanian: Motivated by moral sentiments of the community
How does the classical school view human nature?
People are ...
Have free will - and can therefore be held responsible for their actions
Rational and utility-driven - run cost/benefit analysis
What is the most important function of the criminal process for the classical school? Why
The prevention of crime to maintain public order and human freedom and liberty of law abiding citizens.
What is the focus of classivists? Crime or criminal?
What is the goal of punishment for the classical school?
Punishment is used as method of preventing crime (DETERRANCE), not because criminal deserved it. Punished just severely enough to increase the cost side. Certainty and swiftness of punishment is vital.
What is role of judge in collectivist school.
To determine guilt or innocence. Not to determine punishement. Punishment should be decided through legislation.
How does the positivist school view human nature?
Bioliogically born criminal.
Do not have free will -cannot be punished for their actions
Do not practice rational choice
What term is used by positivists to describe the lack of freewill to make choices and therefore making them morally excused for their actions?
What does the positivst school attribute criminal behavior to, if not the criminal's free will?
Crime is determined by factors outside control of individual.
Determining factors of crime may be biological (genetics) (early idea), psychological (personality disorder), environmental (abusive home).
What is the most important function of the criminal process of the posititvist school? Why
Not to punish byt to rehabilitate the criminal. Individual assessment of individual through judicial discretion.
Focus of postiivist school on crime or criminal?
What is goal of punishment in the postivist school? Why?
To rehabilitate the criminal for the good of society and the criminal because he can't do it on his own.
What is the role of the judge in the positivist school?
To assess individual and determine punishment appropriate for individual rehabilitiaton. Judicial discretion vital.
Are mandatory sentences positivist or classical? Why
Classical due to lack of judicial discretion.
What is the main focus of the Crime Control Model? What view postiivist or classical, is this likely to be in aggreance with?
Repression of crime by enforcement of laws, classical.
Describe Speed, Uniformity, and Finality as they are work to promote Efficiency in the Crime Control Model.
Efficiency: the system's capacity to apprehend, try, convict,a and dispose of criminal offenders.
Speed: The time it takes to process a criminal.
Uniformity: Routine, stereotyped procedures (mandorty sentences)
Finality: minimizing occasions for challenge (appeals)
Describe how Informality is emphasized in the Crime Control Model.
Preliminary Investigation primary way of determining guilt. Presumption of Guilt. Does not favor formal processes.
Crime control model is to assembly line as Due process model is to an...
What is the main focus of the Due Process Model? Why do they think this is important. What view postiivist or classical, is this likely to be in aggreance with?
Fairness of system through adjudication (formal processing). Because people wont obey laws that are not fair. Positivist.
What are Due Process Model views on Efficiency and Finality?
Maximum efficiency = tyranny
Low demand for finality
Determine whether factual or legal guilt is important to each crime model.
Factual guilt important to Crime Control Model.
Legal guilt important to Due Process Model.
Theory vs ideology
Thoery: based on data, tested and modified
Ideology: unprovable sets of assumptions, emotionally charged, resistant to change.
Emphasizes evidence, theories tested against observations.
Leadership or dominance, especially by one country or social group over others. "The white male hegemony in this nation has led to the hypercriminalzation of people of color and the opression of women."
Independent variable does/does not change.
Name independent/dependent variable: Black drivers are dispropritoanlly stopped.
drivers race and how many times stopped.
Subcultures are marked by.
Hegemony / informal dominance.
Is the Professional model of Policing Centralized or decentralized? What is main purpose for this?
Centralized - to combat corruption.
What are some words that descrive the Profession Model of Policing.
When was the Professional Model of Policing used in American history?
1930s - 1970s (REFORM ERA), 2000's to present.
Is the professional model of policing more in line with the classical or postivist view? Why?
Classical because it does not allow for discretion in policing.
Is the Community model of Policing Centralized or decentralized? What is main purpose for this?
Decentralized. To allow police to connect with and understand the community they are policing.
What is the main aspect of the Community model of Policing which is different that the Professional model?
Allows for Discretion
What is the main risk of community policing?
When was community policing prevelant in American history?
At creation of police departments in 1840s-early 1900s. Aslo called POLITICAL ERA because departments connected to political machines. Unequal enforcement of laws led to Reform Era.
1970's-1990's COMMUNITY ERA - After urban riots (Watts riots 1965)
Prosecutorial Discretion has increased or decreased in our counrty?
What is the result of increased prosecutorial discretion?
uneven jurisdiction. Judges have less discretion.
What is "downstream orientation"
Predicting how victim, suspect, and incident will be viewed and evaluated by judge and jurors.
What are "perceptual shorthands"
Stereotypes of real crimes and credible victims.