Criminology Outline Test 3 Criminology as a Discipline o Criminal ideas are not random basis in historical circumstances o Schools of thought examples of ideology classical positive critical criminology Could be said about any set of ideas ideological terms o Human subject who knows idea expresses it tries to know the real world and express it as an idea The knowing subject is rooted in particular circumstances inter ests that are historical inform process of knowing Have our own circumstances that influence how we know and un derstand the world Example our teacher and a Colombian student he can t know the world the way she knows it because of the particularity of cir cumstances o Everything is the product of a knowing subject not an actual reflection of the real world rooted in the real world o Ideas have the real world as their object and they have roots and con sequences in the real world o Ideas warrant actions in the real world Ideology What is it o The use of reports about the world that justify commands to do some thing in the world of a public nature that will impact interests that are rooted in particular circumstances o Reports ideas commands flow from ideas interests circumstances o Example circumstance we pay tuition interest to keep it as low as provide roots possible o Interest is having a stake o Example teachers have different circumstances than we do they make money off our tuition so they have a different interest raise tu ition to make more salary Students make reports about tuition would include drop outs debts make reports to justify command not to raise tuition o Circumstances interests reports commands circumstances o Ideology is a normative rational discourse Normative because it justifies action Rational because it uses evidence for basis of action Justify action based on evidence of reports leavers to action o Reports make people think what do you think we should do If done who s interests will be served Classical Criminology o Beccaria crimes and punishment Demolish accumulated eras of centuries Against punishment change principles o Circumstances that gave rise to classical criminology feudalism to capitalism Enlightenment try to apply ideas to criminology critique of feu dalism order using human nature as ideal Critique of law punishment justice In established order people got what they got because of who they were not what they did rigid exclusive social arrange ments Land ownerships guilds church mercantilism examples Interest most benefitted Boujodyoisi emerging class separate from land ownership and other rigid hierarchal exclusive social arrangements Market people trade money for what they do not who they were Emerging class taking over Had a lot of stuff which were easy for people to take steal warehouses ships shoes o More circumstances State power was controlled and exercised by the land owners who specialized courts punishment for nobility No public humiliation and no witnesses For others punishment was a spectacle of inconsistent excess Because of perceived excessiveness courts reluctant to put death penalty more inconsistency Coco first attempt at social control by managing how people think soft fibers of the brain Shift from control of bodies to control of mind which proved to be more effective 200 capital offenses extraordinary cruel torture attack on the body burned ashes brutal spectacle example the horses tearing the body apart Masses reacted to this brutality tried to take away execu tioner from scaffold needed strong military presence o Interests served by classical criminology Subordinate rising boujodysi Reports start with human nature Core of boujodyi rational calculation of utility They wanted as much freedom to do that as possible Precarious uncertain living environments take risks put money up for commodities hoping to make more money unpredictable market Anything adding to unpredictability was detrimental Reports o Sensual pleasure and pain are key to behavior Bentham pain and pleasure dictate what we shall do utility motive and also what he shall do moral ethical normative standard If punishment cannot promote utility it is unjust Individual motive of behavior and measure of justness o Human nature rationality crime of choice notes o Evidence really matters in making smart choices o Free as individuals natural condition of human beings Boujodysi wanted little government intrusion as possible Wanted as much freedom from nobility o Make punishment consistent proportional certain swift o Why Logical outgrowth of circumstances justified by reports Quick Summary Commands o Commands are justified in reports where their reason is grounded o Punishment should be consistent with human nature o What is true about human nature Free from intrusion Punishment should intrude as little as possible on freedom Little government intrusion punishment should be limited o Punishment should promote utility Utility greatest good for the greatest number normative moral when not individual Can only be justified if it does Why If you are intruding on natural freedom you must justify it by making it for the greater good Greater good punishment should deter others from doing crime Punishment serves as evident that a rational utility maximizing person uses to decide whether to do a crime Effectively serves as evidence if consistence because if inconsis tent don t know if it will actually happen to you goes back to swift certain consistent proportional punishment November 20 2012 Finished talking about classical criminology last time It is the perfect instance of ideology in the idea of reports and commands Positive Criminology as an example of ideology in the sense that classical crimi nology was a subordinate ideology in that it was a critique of power It was a cri tique of how it was being used in the law and criminal justice o Because punishment was a spectacle of inconsistent success it was fre quently not applied to crimes of taking which affected the boujuarsie be cause they had a lot of things that people could and did take They were the primary beneficiaries of the idea that swift proportionate justice be cause when it was it was inconsistent and it just didn t happen o Positive criminology is different in the sense that it is a superordinate ide ology Superordinate describing the power of an entity Together superor dinate and subordinate make up a power Where ever there is power re gardless of what kind of power it is you have super and sub
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