Ultimate List CMY3701 Marking Scheme

Ultimate List CMY3701 Marking Scheme AGGRAVATING CIRCUMSTANCES - ANSWER-are those circumstances that cause the offender to be punished more severely than they would normally be for a specific crime. For example, conviction for the rape of a child would warrant a more serious punishment than rape of an adult, because society views a child as more vulnerable and helpless (Hunter & Dantzker, 2002:3±32). CLASSICAL CRIMINOLOGY - ANSWER-as an approach to studying crime emphasises the importance of free will and views a criminal act as one that had been consciously carried out by its perpetrator; the perpetrator has rationally weighed up the advantages and disadvantages of undertaking the action. The main focus of classicist criminology is on the operation of the criminal justice system. Classicists believe that, if this system operated in a consistent and predictable fashion, it would eliminate crime (because those who committed crime knew that they would not get away with it (Joyce, 2006:557)). CRIMINAL EVENT DECISIONS - ANSWER-are shorter processes that use more limited information that relates mainly to the immediate circumstances and situations (Cote,2002:292). CRIMINAL INVOLVEMENT - ANSWER-refers to the processes through which individuals initially choose to become involved in particular forms of crime, to continue on this path, and then, later to desist from crime (Cote, 2002:29). LIMITED OR BOUNDED RATIONALITY - ANSWER-is a term used to indicate that even though individuals may make poor decisions, often based on incomplete or simply inadequate information, they are nonetheless rational actors (Newburn, 2007:949). MITIGATING CIRCUMSTANCES - ANSWER-are those circumstances that would result in a more lenient sentence that would normally be imposed for a similar crime. A firsttime offender would normally receive a lighter sentence than someone with a long criminal history (Hunter & Dantzker, 2002:32). NEO-CLASSICAL SCHOOL - ANSWER-is a body of theory that contends that scientific criminology (positivism), with its belief in rehabilitation, is invalid. According to this school of thought, society should return to the principles of classical criminology and should deal with crime by concentrating on the administration of justice and the punishment of offenders (Empey, Stafford & Hay, 1999:418). ROUTINE ACTIVITIES THEORY - ANSWER-is theory (associated primarily with Marcus Felson) which suggests that for crime to occur three factors must be present, namely a motivated offender; a suitable victim; and the absence of capable guardians (Newburn, 2007:952). RATIONAL CHOICE THEORY - ANSWER-is a theory which emphasises the importance of rationality in human action, even if this is limited (bounded). It emphasises the decision-making processes involved in the choices made by offenders (Newburn, 2007:95). SOCIAL CONTRACT - ANSWER-is when an individual is bound to society only by his or her own consent, and society is therefore responsible to him or her (Hunter & Dantzker,2002:29). Burke (2005:28±29) identifies the following central attributes of the classical and neoclassical schools, which laid down the foundations of the rational actor model: - ANSWER-. A fundamental concentration on the criminal law and the legal definition of crime. . The central concept that the punishment should fit the crime rather than the offender. . The doctrine of free will, according to which all people are free to choose their actions. From this perspective, it is assumed that there is nothing ''different'' or ''special'' about offenders that differentiate them from other people. . The use of non-scientific methodology coupled with a lack of empirical research. neoclassicists, - ANSWER-= a person is still accountable for his or her actions, but with certain minor reservations = it is acknowledged that the offender's past history and present situation both influence the likelihood of reform = sane adults were still considered fully responsible for their actions, and all equally capable of either criminal or law-abiding behaviour. = that children (and in some circumstances the elderly) were less capable of exercising free choice and were therefore less responsible for their actions = insane and ``feeble-minded'' might be even less responsible = admitted into the courts for the first time non-legal "experts'' including doctors, psychiatrists and, later, social workers. = purpose of this intervention was to determine the extent to which offenders were responsible for their actions. = outcome was that sentences became more individualised, depending on the perceived degree of responsibility on the part of the offender and on whether there were mitigating circumstances elements that increase or decrease the likelihood that persons will be victims of personal (direct contact) or property crime are: - ANSWER-= The availability of suitable targets in the form of a person or property, = The absence of capable guardians, such as police, homeowners, neighbours, friends, and relatives. = The presence of motivated offenders, such as young males, drug users and unemployed adults