Chapter 2 Classical Theory Flashcards
A group(s) of rational and self-interested individuals came together to form a contract, which created society. Social rules were created that meant, while each individual gave up a bit of freedom, their self-interest would be protected.
Social Contract
A general set of reciprocal legal and military obligations among the warrior nobility of Europe during the middle ages
Feudalism (land).
An economic system where economic activity is primarily directed toward the production of commodities for sale in the marketplace
Capitalism
Judges have authority and duty to decide what the law is when there is no other authoritative statement of the law. Forms a major part of the legal systems of countries with a history of territories or colonies of the British empire
Common Law
is an ethical theory which states that the best action is the one that maximizes utility. “Utility” is defined in various ways, usually in terms of the well-being of sentient entities.
Utilitarianism
-examples include wearing a seat belt law, windows down for dogs…
refers to inducing others tempted to commit this offence not to do so. It is especially important with crimes involving premeditation or planning and persistence, and with crimes which are fairly common.
General Deterrence
- “if x is killed, you will be too”
is a method of punishment in the criminal justice system intended to discourage criminal behaviour in the specific individual charged with the crime.
Specific Deterrence
-“If you’re killed, YOU won’t do it again”
Who was Beccaria
- Discussed and wrote about the death penalty
- In his time he would have been killed
What is based on
- Free will
- Deterrence
- Social Contract
- Hedonistic Calculator
- Weighing Pleasure vs Pain
- Utilitarianism
The Classic School of Criminology
is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence.
Mitigating Factors
Mitigating Factors include
- Mentally ill people
- Death penalty is not a deterrent due to increase in violent crime following an execution ($$$)
