1. Who said the following, "Nature has placed mankind under the governance of two sovereign masters, pain and pleasure"?
2. According to William Graham Sumner, mores and folkways govern behavior in relatively small primitive societies, whereas in large, complex societies, they are reinforced and formalized through __________________.
3. __________ consist of proscriptions covering potentially serious violations of a group's values. Murder, rape, and robbery, for example, would probably be repugnant to the mores of any social group.
4. Acts that are ___________________ are said to be fundamentally wrong, regardless of the time or place in which they occur. Forcing someone to have sex against his or her will and the intentional killing of children are sometimes given as examples of behavior thought to be [fundamentally wrong].
5. ___________________ offenses are those acts that are said to be wrong for the simple reason that they are prohibited. So-called victimless or social-order offenses like prostitution, gambling, drug use, and premarital sexual behavior provide examples of [prohibited] offenses. The status of such behaviors as [prohibited] is further supported by the fact that they are not necessarily crimes in every jurisdiction.
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6. Modern criminal law is the result of a long evolution of legal principles. The ___________________________ is one of the first known bodies of law to survive and be available for study today.
7. Early Roman law derived from the____________________ , which were written around 450 B.C. The Tables were a collection of basic rules regulating family, religious, and economic life. They appear to have been based on common and fair practices generally accepted among early tribes, which existed prior to the establishment of the Roman Republic.
8. It has often been called the major source of modern criminal law. ____________________ refers to a traditional body of unwritten legal precedents created through everyday practice in English society and supported by court decisions during the Middle Ages. Common law is so-called because it was based on shared traditions and standards rather than on those that varied from one locale to another.
9. The Magna Carta, designed originally to prohibit the king from prosecuting the barons without just cause, was expanded into the concept of _________________________, a fundamental cornerstone of modern legal procedure. Because of these later interpretations, the Magna Carta has been called "the foundation stone of our present liberties."
10. Thomas Hobbes described the natural state of men and women as one that is "nasty, brutish, and short." Fear of violent death, he said, forces human beings into a _____________________ with one another to create a state. The state, according to Hobbes, demands the surrender of certain natural rights and submission to the absolute authority of a sovereign, while offering protection and succor to its citizens in return.
11. In 1690, English philosopher John Locke published his Essay Concerning Human Understanding, in which he put forth the idea that the natural human condition at birth is akin to that of a _____________________ upon which interpersonal encounters and other experiences indelibly inscribe the traits of personality.
12. To help prevent crimes, Cesare Beccaria argued, adjudication and punishment should both be_________________, and once punishment is decreed, it should be_______________. In his words, "The more promptly and the more closely punishment follows upon the commission of a crime, the more just and useful it will be."
13. Cesare Beccaria concluded that punishment should be only severe enough to ______________ the personal benefits to be derived from crime commission. Any additional punishment, he argued, would be superfluous.
14. Cesare Beccaria distinguished among three types of crimes. DESCRIBE the three types as listed in your assigned textbook.
15. Jeremy Bentham advocated neither extreme nor cruel punishment-only punishment sufficiently distasteful to the offender that the discomfort experienced would outweigh the pleasure to be derived from criminal activity. Generally, Bentham argued, the more serious the offense is the more reward it holds for its perpetrator and therefore the more weighty the official response must be. "Pain and pleasure," said Bentham, "are the instruments the legislator has to work with" in controlling _____________________________________ behavior.
16. Jeremy Bentham believed that individuals could be expected to weigh, at least intuitively, the consequences of their behavior before acting so as to maximize their own pleasure and minimize pain. The value of any pleasure, or the inhibitory tendency of any pain, according to Bentham, could be calculated by its ______________________________________________________ (or remoteness in time).
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17. Bentham's other major contribution to criminology was his suggestion that prisons be designed along the lines of what he called a "_________________________." The Panopticon, as Bentham envisioned it, was to be a circular building with cells along the circumference, each clearly visible from a central location staffed by guards. Bentham recommended that Panopticons be constructed near or within cities so that they might serve as examples to others of what would happen to them should they commit crimes.
18. The heritage left by the Classical School is still operative today in the following five principles, each of which is a fundamental constituent of modern-day perspectives on crime and human behavior. LIST and DESCRIBE the five principles as noted in your assigned textbook.
19. By the end of the 1800s, classical criminology, with its emphasis on free will and individual choice as the root causes of crime, had given way to another approach.___________________, which made use of the scientific method in studying criminality. It is important to realize that positivism, in its original formulation, was based upon an acceptance of hard determinism, or the belief that crime results from forces that are beyond the control of the individual.
20. The resulting resurgence of classical ideals, referred to as____________________________, focused on the importance of character (a kind of middle ground between total free will and hard determinism), the dynamics of character development, and the rational choices that people make as they are faced with opportunities for crime.
21.___________________________ , a product of the late 1970s and early 1980s, mirrors many of the principles found in classical criminology. The theory rests upon the belief that criminals make a conscious, rational, and at least partially informed choice to commit crime. It employs cost-benefit analysis, akin to similar theories in the field of economics, which view human behavior as the result of personal choice made after weighing both the costs and the benefits of available alternatives.
22. Rational choice theory is noteworthy for its emphasis on the rational and adaptive aspects of criminal offending. It "predicts that individuals choose to commit crime when the benefits outweigh the costs of disobeying the law. ________________________ according to such theories, "when opportunities are limited, benefits are reduced, and costs are increased."
23. Central to the __________________________ approach is the claim that crime is likely to occur when a motivated offender and a suitable target come together in the absence of a capable guardian.
24. _________________________ provides an example of soft determinism. It views criminal behavior "as a function of choices and decisions made within a context of situational constraints and opportunities." The theory holds that "crime is not simply a matter of motivation; it is also a matter of opportunity."
25. Twenty-five techniques of situational crime control can be identified, and each can be classified according to the five objectives of situational prevention. DESCRIBE the five objectives as noted in your assigned textbook.
26. Crime, Jack Katz says, is often pleasurable for those committing it, and pleasure of one sort or another is the major ____________________ behind crime.
27. Crime prevention research and policy have traditionally been concerned with offenders or potential offenders. Researchers have looked to define strategies that would deter individuals from involvement in crime or rehabilitate them so they would no longer want to commit criminal acts. In recent years, crime prevention efforts have often focused on the _______________________ of high-rate or dangerous offenders so they are not free to victimize law-abiding citizens.
28._____________________________, looks to develop greater understanding of crime and more effective crime prevention strategies through concern with the physical, organizational, and social environments that make crime possible. The situational approach does not ignore offenders; it merely places them as one part of a broader crime prevention equation that is centered on the context of crime.
29. Rational and situational choice and routine activities theories can be criticized for an overemphasis on _______________________ and a relative disregard for the role of social factors in crime causation, such as poverty, poor home environment, and inadequate socialization.
30. M. Lyn As Exum notes, other studies show that approximately _________ of offenders are under the influence of alcohol when committing the crimes for which they are arrested. Exum suggests that future research involving the rational choice perspective should include the role of emotions and the potential impact of psychopharmacological agents such as drugs or alcohol.
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31. Finally, the emphasis of rational and situational choice theories upon changing aspects of the immediate situation to reduce crime has been criticized for resulting in the __________________ of crime from one area to another.
32. The old adages "He got what was coming to him" and "She got her due" well summarize the thinking behind the______________________________ of criminal sentencing. Just deserts, a concept inherent in the justice model, refers to the concept that criminal offenders deserve the punishment they receive at the hands of the law and that any punishment imposed should be appropriate to the type and severity of crime committed.
33. According to the neoclassical perspective, __________________________ ultimately comes down to an official meting out of what is deserved. Justice for an individual is nothing more or less than what that individual deserves when all the circumstances surrounding that person's situation and behavior are taken into account.
34. ________________________ is a goal of criminal sentencing that seeks to prevent a particular offender from engaging in repeat criminality.
35.________________________, in contrast, works by way of example and seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced.
36.______________________ means, quite simply, the repetition of criminal behavior by those already involved in crime. Recidivism can also be used to measure the success of a given approach to the problem of crime.
37. Notions of deterrence, retribution, and just deserts all come together in __________________________ . The many different understandings of crime and crime control, along with arguments over free will and social determinism, combine with varying philosophies of punishment to produce considerable disagreement over the efficacy of death as a form of criminal sanction.
38. According to the Washington-based Death Penalty Information Center, the death penalty has been imposed disproportionately on racial minorities throughout most of American history. Statistics maintained by the center show that "since 1930 nearly 90% of those executed for the crime of rape in this country were___________________.
39. _____________________________ is a strategy that mandates a specified and fixed amount of time to be served for every offense category. Under determinate sentencing schemes, for example, judges might be required to impose seven-year sentences on armed robbers, but only one-year sentences on strong-armed robbers (who use no weapon).
40. _________________________ requires judges to assess and make public the actual time an offender is likely to serve, once sentenced to prison, and many recently enacted truth-in-sentencing laws require that offenders serve a large portion of their sentence (often 80%) before they can be released.
41._____________________, simply put, is the use of imprisonment or other means to reduce the likelihood that an offender will be capable of committing future offenses.