Flashcards on Classical and Positivist Criminology
Classical and Positivist Criminology: An Overview for Students
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Classical criminology theories
63 cards
Card 1
Question: What is the central principle of Bentham's utilitarian philosophy as it relates to crime and punishment?
Answer: Social action should aim to ensure the greatest happiness for the greatest number; offences merit punishment only if they produce 'evil' (unhappiness
Card 2
Question: How did Bentham distinguish between types of offences in deciding what should be punished?
Answer: He distinguished crimes (produce 'evil' deserving punishment) from mere offences against morality that may not warrant punishment.
Card 3
Question: What two key characteristics did Bentham argue punishments must have?
Answer: They must be proportionate to the crime and understandable/predictable to the offender.
Card 4
Question: Why did Bentham oppose having the same penalty for offences of very different seriousness?
Answer: If two offences with widely differing seriousness carry the same penalty, a rational criminal has little incentive to avoid committing the more seriou
Card 5
Question: List one type of punishment Bentham was critical of and the reason he rejected it.
Answer: He rejected punishments where there is no ground for punishment (e.g., where there was consent or harm outweighed by good, such as justifiable homicid
Card 6
Question: Give another example of a punishment Bentham found objectionable and why.
Answer: Punishment limited in effect—where the offender is mentally incapacitated or the behaviour seemed involuntary—because it would not achieve the intende
Card 7
Question: Why did Bentham oppose punishments that were 'unprofitable'?
Answer: Because their 'evil' (harm caused by the punishment) outweighs the evil of the offence.
Card 8
Question: When did Bentham consider punishment 'unnecessary' and therefore objectionable?
Answer: When the ends sought (e.g., reform or prevention) can be achieved more easily by other means like education or instruction.
Card 9
Question: What is the panopticon and how was it intended to function?
Answer: A circular prison design with a central watchtower from which guards could observe surrounding cells at all times, intended to ensure constant surveil
Card 10
Question: What elements did Bentham want inside panopticon-style prisons to promote reform?
Answer: Segregation of inmates, teaching of trades, regular religious instruction, and occupation of every waking moment to discourage idleness and encourage