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natural law
reders to a legal theory that hold the following to be moreally irrefutable: some rules and principles derive from more than the experiences of mena and women, but rather nature itself creates them and humankind discovers them.
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positive law
law derived out of the political process
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social contract
mythical state of afiars wherein each person agrees to a pact, the basic stipulation of which is that all men are created equal.
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classical school
- Beccaria & Bentham
- free will--every person has ability to choose right from wrong
- humans tend toward hedonism
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Beccaria's classical theory / 3 elements / punishment
- certainty
- celerity
- severity
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certianty
refers to the probability that offending persons will receive a sanction for their deed
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severity
pain of any sanction must outweigh the pleasure received from engaging in illegal act
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celerity
aka promptness
refers to the elapsed time between the act and the sanction
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necoclassicalism
- maintains classical theory's emphasis on free will
- allows for mitigating or aggrevating circumstances
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perceptual deterrence hypothesis
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cost-benefit analysis
individual measures cost/benefit of behavior
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general deterrence
refelct the idea that persons watching, hearing about, or otherwise becoming aware of a sanctioning process will view the outcomes as too costly and not engage in the punished conduct.
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specific (or individal) deterrence
persons who have been caught, convicted, and punished.
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absolute deterrence
once individuals come to see the error of their ways or the potential losses they face, the will refrain from all crime.
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restrictive deterrence
- offenders may refrain from an act that previously landed them in trouble or that threatens trouble
- modify criminal behvior but not abandon it
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time discounting
- and idea from economics
- has implications for how deterrence operates
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deterrence research questions
- 1. is it a theory or a hypothesis?
- 2. whether theory or hypothesis, can deterrence stand on its own, or must it be tied to other theories?
- 3. is the theory's conceptual base too narrow?
- 4. does deterrence work to control only minor forms of conduct but not crimes that are more serious?
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deterrence/brutalization thesis
capital punishment increases stranger homocides
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mandatory sentencing
- punishments for certain crimes (usually violence and drugs)
- convicted offenders may not be placedon probation and must serve a specific sentence prior to release on parole, if parole is an option.
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neuve classical school
- two primary forms:
- rational choice theory
- routine activities theory
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choice structuring
occurs when individuals asses their own skills and needs in light of a specific crime's characteristics
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involvement decision
a multistage evaluation process that ends with the decision to get involved in crime
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event decision
- based on information obtained about a criminal act
- before commission but after involvment
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fig 2.2 rational choice theory
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predatory crime depends on...
- 1. motivated offender
- 2. sutable target
- 3. lack of capable guardian
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predatory crime
violent crimes against persons and crimes of theft in which the victim is present
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motivated offender
someone who feels the need for cash, itmes with immediate liquidity, or other items of calue such as clothing or cars
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suitable target
well-heeled pedestrian in the wrong part of town, a car on interstate, or house with valuable goods
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capable guardian
no homeowner present, no police, or lone traveler
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4 dimensions of target suitability
- 1. exposure
- 2. guardianship
- 3. attractiveness
- 4. proximity
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exposure
visibility and physical accessiblity of the target
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guardianship
the ability and presence of persons or objects to prevent crime from occurring
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attractiveness
material or symbolic value of persons/property
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proximity
the physical distance btwn potenial targets and populations of potenial offenders
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figure 2.3 routine activies theory
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hot spots
places where lots of crime happen
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hot spot patrols
police target hot spots through special patrolling
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diffusion of crime-control benegits hypothesis
increasing enforcement in one area will drive down the crime rates of nearby areas as well
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spatial displacement hypothesis
suggests that hot spot practices may reduce one area's crime rates, but only because the criminals move to nearby areas where crime control is less aggressive.
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table 2.1 deterrence theories of crime
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