Chapter 1 Crime, Criminology, and the Criminal Law

Chapter 1

Crime, Criminology, and the Criminal Law

What is Criminology?

• Criminology is the scientific study of the nature, extent, cause, and control of criminal behavior.

• Criminology is an interdisciplinary science: Sociology Criminal justice Political science Psychology Economics Natural science


• Criminology and Criminal Justice Criminology explains the origin, extent, and nature of crime in

society Criminal justice refers to agencies of social control Both discipline areas overlap


• Criminology and Deviance Deviant behavior departs from social norms Not all crimes are deviant and not all deviant acts are criminal Criminologists study both criminology and deviance to

understand the nature and purpose of law (I.E. drug use)


• Weblink:

http://www.whitehousedrugpolicy.gov/






A Brief History of Criminology

• Classical Criminology 18th century Utilitarianism emphasized behavior is considered purposeful and

useful by the actor Cesare Beccaria (1738-1794) believed people have free will to

choose criminal or lawful solutions to meet their needs Choice is controlled by fear of punishment Punishment should be severe, swift, and certain to control

behavior


• Nineteenth-Century Positivism Application of scientific methods to study crime Auguste Comte (1798-1857) Two main elements: 1) human behavior is a function of forces

beyond a person’s control and 2) embracing the scientific method to solve problems

Charles Darwin (1809-1882) popularized the positivist tradition Influences of physiognomy and phrenology Biological determinism - Cesare Lombroso (1835-1909) atavistic

anomalies Social positivism developed to study the major social changes

(sociology)


• Foundations of Sociological Criminology L.A.J. Quetelet – cartography (demographic variables) Emile Durkheim – anomie ( role confusion) Crime calls attention to the social ills Rising crime rates can signal the need for social change


• The Chicago School and Beyond Robert Ezra Park (1864-1944), Ernest W. Burgess (1886-1966),

Louis Wirth (1897-1952) The Chicago School - social ecology (reaction to an environment

that was inadequate for proper human relations and development)

Edwin Sutherland suggested people learn criminality Walter Reckless linked crime to an inadequate self-image. Both views linked criminality to the failure of socialization


• Conflict Criminology Karl Marx (1818-1883) Relationship between bourgeoisie (capitalists) and proletariat

(labor) developing class conflicts Development of conflict theory (the linkage between crime and

capitalism) Impact on civil rights/women’s movements


• Contemporary Criminology Rational choice theory argues people are rational decision

makers Social structure theory argues social environment controls

criminal behavior Social process theory argues criminal behavior is learned

What Criminologists Do: The Criminological Enterprise

• Criminal Statistics Measuring the amount and trends of criminal activity Creating valid and reliable measurements of criminal activity


• Sociology of Law Subarea of criminology concerned with the role of social forces in

shaping criminal law (I.E. legality of art works) Criminologists help lawmakers alter the content of criminal law to

respond to the changing times (I.E. sex offender registration)


• Developing theories of Crime Causation Psychological view contends crime is a function of personality,

learning, or cognition Biological view incorporates biochemical, genetic, and

neurological linkages to crime Sociological view includes social forces such as poverty,

socialization, and group interaction


• The Nature of Theory and Theory Development Social theory is a systematic set of interrelated statements that

explain some aspect of social life Some theory may be grand, while others are narrow in their focus Theory is based on social facts, which can be readily observed


• Criminal Behavior Systems Involves crime types and patterns (I.E. violent, public order, and

organized crime) Edwin Sutherland’s “white-collar” crime Crime typologies involve different types of crime and criminals


• Penology Correction and control of known criminal offenders Capital punishment is used as social control Mandatory sentences are aimed at social control and prevention

of criminal acts.


• Victimology Examines the critical role of the victim in the criminal process

(Hans von Hentig andStephen Schafer) Use of victim surveys to measure the nature and extent of

criminal behavior Creating probabilities of victimization risk Victim culpability or precipitation of crime Designing services and programs

How Criminologists View Crime

• The Consensus View of Crime Substantive criminal law defines crime and punishment Criminal law is a function of beliefs, morality and rules Laws apply equally to all members of society Acts which are considered as social harms should be outlawed to

protect the social fabric and members of society


• The Conflict view of Crime Criminal law reflects and protects established economic, racial,

gendered, and political power and privilege Definition of crime is controlled by wealth, power, and social

position Crime is shaped by the values of the ruling class and not the

moral consensus of all people


• The Interactionist View of Crime This position holds 1) People act according to their own

interpretations of reality, 2) People observe they way others react either positively or negatively, and 3) People reevaluate and interpret their own behavior according to the meaning and symbols they have learned from others

There is not objective reality, according to interactionists The definition of crime reflects the preferences and opinions of

people who hold social power Crime is socially defined by moral entrepreneurs


• Defining Crime Crime is a violation of societal rules of behavior as interpreted

and expressed by the criminal law, which reflects public opinion, traditional values, and the viewpoint of people currently holding social and political power

The definition combines all three criminological perspectives (consensus, conflict, and interactionist)

Crime and the Criminal Law

Code of Hammurabi (eye for an eye) Mosaic Code (basis for U.S. legal system) Compurgation (use of oathhelpers) Trials by ordeal (divine intervention)


• Common Law English system of law based on precedent cases Mala in se refers to crime considered as evil Mala prohibita refers statutory crimes Legislatures supplement common law with statutes


• Contemporary Criminal Law Felony offenses are serious criminal actions Misdemeanor offenses are minor or petty criminal actions Criminal law seeks to: Enforce social control, Discourage

revenge, Express public opinion and morality, Deter criminal behavior, Punish wrongdoing, and Maintain social order


• The Elements of a Crime Actus Reus is the action of a crime Mens Rea is the mental intent of a criminal action Strict Liability does not necessarily require specific intent


• Criminal Defenses Excuse defenses – insanity, intoxication, and ignorance Justification defenses – necessity, duress, self-defense, and

entrapment


• The Evolution of Criminal Law Criminal law evolves to reflect social and economic conditions,

such as stalking statutes or sexual predator laws (Megan’s Law) Changing technology requires modifications in criminal law

Ethical Issues in Criminology

What to study (influence of research money) Whom to study (unmasking the poor) How to study (experiments and harm)

Documents

Chapter 1 Crime, Criminology, and the Criminal Law