Chapter 1

Crime and Criminology

What is Criminology?

The definition of Criminology is: The scientific approach to studying criminal

behavior Important areas of interest for criminologists

Crime as a social phenomenon The process of making laws The breaking of laws and the reaction towards

breaking the laws Development of principles

Criminology and Criminal Justice

The terms are often interchanged Sometimes the information can overlap

There are major differences between them Criminology

Explains the origin of crime Explains the extent and nature of crime in society

Criminal Justice The study of the agencies of social control

Police Courts Corrections

Criminology and Deviance Deviance is defined as:

Behavior that departs from the social norm but is not always criminal

A Crime is defined as: An act deemed as socially

harmful or dangerous that is specifically defined, prohibited, and punished under criminal law

A Brief History of Criminology

Emergence of the Classical School During the Middle Ages (1200-1600) people who

broke the “rules” or “laws” were looked at as being possessed by the devil

By the 1700s social philosophers started to think with reason Bentham and utilitarianism – pain of punishment

should exceed the benefit of crime Believed that crime and punishment needed to be

more balanced and fair Influence penal practices for more than 200 years

Basic Elements of Classical Criminology

People have free will and criminal or lawful solutions to meet needs

Criminal solutions can be attractive

A person will not commit crime if they believe that

the pain expected from the punishment is greater

than the promised reward (deterrence)

Punishment needs to be severe, certain, and swift to

be effective

19th Century Positivism

New way to look at crime that challenged the validity of the classical school

In other areas of study (biology, chemistry, and astronomy) scientists started using the scientific method Careful observation and analysis of natural

phenomena

Basic Elements of Positivism

All true knowledge is acquired through direct observation Statements that could not be backed up by direct

observation are invalid The scientific method must be used if research

findings are to be considered valid. Includes steps Identifying problems Collecting data Formatting hypotheses Conducting experiments Interpreting results

Biological Positivism

Physiognomists Studied facial features of criminals to determine if

the shape of ears, nose, and eyes were associated with antisocial behavior

Phrenologists Studied the shape of the skull and bumps on the head to

determine whether they were associated with criminal behavior

Cesare Lombroso

Believed that serious offenders were born criminals They had an inherited set of primitive physical

features that he called atavistic anomalies Considered these individuals genetic throwbacks Specific features:

Large jaws and cheekbones Strong canine teeth

Others expanded on his works Biological determinism Criminal anthropology Biosocial theory

The Chicago School and Beyond

Formed by a group of scientists who looked at crime from a sociological perspective

Believed there was a relationship between the environment and crime Neighborhood conditions influence the shape and

direction of crime rates Challenged the positivists who argued that

crime was a biological or psychological condition

Social-Psychological Views

1930s and 1940s Individuals began to link social-psychological

interactions to criminal behavior Believe that human interaction and

relationships effect crime Group dynamics Relationships to social processes

Education, family, peers Socialization

Conflict and Crime

Developed by Karl Marx (economic and political forces)

Believed human behavior is due to conflict between those who have all the power and money (bourgeoisie)

They use this power to further their own needs Believed that the working class (proletariat) was

exploited and eventually they would lead a revolt and ultimately end a capitalistic society

Developmental Criminology

Emerged in the 20th Century Began to look at crime from all angles

including sociological, psychological, and economic (multiple forces)

Believe that crime is a dynamic process that is influenced by our social experiences and individual characteristics Can look at the life course of a career criminal to

determine the issues as to why people begin to commit crime

Contemporary Criminology

The various schools of criminology have developed and evolved over the past 200 years

Each continues to impact the field of criminology Rational choice theory

Deterrence theory Trait theory Social structure theory Social process theory

How Criminologists View Crime

Consensus View Believe the law defines crime; Society agrees about what

should be outlawed and the law should apply equally to all Deviant behavior causes social harm

Conflict View Society is a collection of diverse groups and they are in

constant conflict Owners, workers, professionals, students

Interactionist View People act according to their own interpretations of reality They observe the way other react They reevaluate and interpret their own behavior according

to the meaning they have learned from others

Definition of Crime

Because of all these views of crime we need a general (integrated) definition of crime; which is: A violation of societal rules of behavior as

interpreted and expressed by a criminal legal code created by people holding social and political power

Individuals who violate these rule are subject to sanctions by state authority, social stigma, and loss of status

Crime and the Criminal Law Criminal behavior is tied to criminal law Criminal Law has been around for thousands of

years Code of Hammurabi

First written criminal code developed around 2000 B.C. Based on retribution

“An eye for an eye” Mosaic Code

Laws of the Old Testament including the Ten Commandments

Foundation of Judaism and Christianity Bases for the U.S. legal system

Common Law Early English law (around 1100s) Developed by judges who would travel around and decide what

to do for specific crimes Courts were bound by the judges decisions Eventually judges published their decisions in local cases Other judges began to use these written decisions as a basis for

future procedure They eventually became precedent and the basis for common

law Common law is just the standard law of the land in England

which eventually formed the basis of criminal law in the U.S. Mala in se Mala prohibitum

Contemporary Criminal Law

All U.S. laws are listed in statutes or Acts Divided into felonies and misdemeanors

Government says people who commit these unacceptable acts need to be sanctioned; there are social goals Enforce social control Discourage revenge Express public opinion and morality Deter criminal behavior Punish wrongdoing Maintain social order

Evolution of Criminal Law

Criminal law is constantly changing Some acts are being decriminalized while other

penalties are increasing Must always reflect social values and

contemporary issues/problems Our court system allows for exposure of laws

that may need to be changed Trial, appellate, supreme

Ethical Issues in Criminology

There are political and social consequences from results of criminological research

Need to be aware of ethical issues What to study

Cannot let funding dictate what you choose to study Whom to study

Should not just focus on poor and minorities How to conduct studies

Need to inform subjects of the purpose of research Keep records confidential Selection of research subjects need to be random and

unbiased