Flashcards on Classical and Positivist Criminology

Classical and Positivist Criminology: An Overview for Students

1 / 63

What is the central principle of Bentham's utilitarian philosophy as it relates to crime and punishment?

Social action should aim to ensure the greatest happiness for the greatest number; offences merit punishment only if they produce 'evil' (unhappiness

Tap to flip · Swipe to navigate

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