Introduction To Criminal Law Day 1

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Criminology
Those in group "A" are all shoplifters, "B" are swindlers, "H" are purse snatchers, "E" are murderers, etc
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

Definition
Human beings are
rational, and make
decisions freely and with
understanding of
consequences.


Persons rationally choose
actions that will bring
them pleasure.
Crime is an immoral form
of behaviour.
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Solutions
Punishment is because
people choose to commit
a crime.
The punishment should
be severe enough to
deter criminals from
committing a crime.
The punishment should
fit the crime.

Focused on
biological and
psychological
factors to explain
criminal behaviour
rather than legal
system
◦ Lombroso “born
criminal theory”
◦ XYY theory
◦ Proposed by Emile
Durkheim
◦ Argued that as society
moved from rural to urban,
traditional values that
regulated behaviour
weakened
◦ People would turn to crime
living in a big city, no
longer restrained by norms
of society
◦ Called this state of
isolation “anomie”
◦ Argued that criminal
behaviour was
encouraged or fostered
in certain environments
◦ Communities that
suffered from high
poverty & social
disintegration were
more likely to condone
criminal activity than
affluent areas
◦ Consensus theorists
assume there is a
universal definition
of right and wrong
and that criminal law
reflects this
consensus
◦ Argue that criminal
laws prohibit
behaviours that
society agrees are
harmful
◦ Argues that people commit
crimes when they believe
they cannot achieve their
desires and goals through
legitimate means.
◦ The stress of goals of
acquiring wealth (success
and power), and the means
to achieve these goals
(education, economic
resources) are denied to
the economically
disadvantaged
◦ Suggests the key
influences leading to
criminal behaviour
are found in
upbringing, peer
groups, and role
models
◦ Argues that some human
traits such as intelligence,
personality, chemical and
genetic makeup may
predispose people to engage
in criminal behaviour
◦ Research suggests that the
following can cause a person
to become a criminal
 Poor diet (“Twinkie Defense”)
 Influence of hormones
(androgens)
 Exposure to drugs/alcohol in the
womb
◦ Focus on the study of
brain activity and
how neurological
dysfunctions are
connected with
criminal activity
 Twin studies
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