Classical, positivistic, and theories of the behavior of criminal law

 

Considering the three frames of references: classical, positivistic, and theories of the behavior of criminal law. What assumptions do each of these theories make about human nature? To what kind of criminal justice policies do each of the theories point?
As a policy maker, how would you make the objective risks of getting caught known to potential offenders? (You may use any theory to illustrate your points).

 

Sample Solution

Classical, positivistic, and theories of the behavior of criminal law

Criminology is the study of crime and punishment. There are several theories of crime that attempt to explain what makes someone become a criminal. Classical crime theory is based on the assumption that people are free of will and thus completely responsible for their own actions, and that they also have the ability to rationally weigh up their abilities. Crime is therefore the result of free and rational decisions of the acting individuals. The positivist school of criminology uses scientific techniques to study crime and criminals and focuses on what factors compel offenders to commit crimes. It comprises many types of theories of crime, including biological, psychological, sociological, and critical sociological.

o support for and against the great man theory. The suggestion that some people are natural leaders and therefore must have been born with some of the traits that make a good leader. However, individuals can learn and develop traits that will make them a good leader. Being self-aware and education goes somewhat to developing an individual. Herbert Spencer’s theory supports the idea that the situation and group characteristic are a key element of good leadership. Stogdill first survey indicated that an individual does not become a leader solely because he or she possesses certain traits. Rather, the traits that leaders possess must be relevant to the situation in which the leader is functioning or found them self in . In today’s society leadership is in general, not a standalone individual. The leader is supported by a team of advisors to guide the leader in making an informed decision. What makes a good leader is how the decision is communicated to the followers.

As we have heard earlier in the paper, Charles de Gaulle was brought up in a patriotic environment. His upbringing shaped his beliefs and his determination to peruse them. Therefore he was not born patriotic, this was learned in adolescence. We have heard that he was intellectual, again a consequence of his upbringing. Encouraged to learn, he followed his mother’s desire to read and digest information. These basic foundations set de Gaulle up in to continue this later on in his military and political career.

Trait Theory Analysis

The trait theory is intuitively appealing. It fits clearly with the notion that leaders are the individuals who are out front and leading the way in our society. This fits with the concept of a hierarchical organisation that is seen in businesses, to include government, where most countries have an elected or appointed leader. However, it could be argued that elected or appointed leaders are not necessarily good leaders and they are not necessary elected for the traits they display. Therefore not all leaders will display traits that are link

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