Crime, Criminology, and the Criminal Law

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Chapter 1
Crime, Criminology, and the Criminal Law
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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

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What is Criminology?

• 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

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What is Criminology?

• 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)

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What is Criminology?

• Weblink
• http//www.whitehousedrugpolicy.gov/

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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

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A Brief History of Criminology

• 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 persons 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)

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A Brief History of Criminology

• 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

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A Brief History of Criminology

• 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

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A Brief History of Criminology

• 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/womens movements

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A Brief History of Criminology

• 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

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What Criminologists Do The Criminological
Enterprise

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

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What Criminologists Do The Criminological
Enterprise

• 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)

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What Criminologists Do The Criminological
Enterprise

• 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

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What Criminologists Do The Criminological
Enterprise

• 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

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What Criminologists Do The Criminological
Enterprise

• Criminal Behavior Systems
• Involves crime types and patterns (I.E. violent,
  public order, and organized crime)
• Edwin Sutherlands white-collar crime
• Crime typologies involve different types of crime
  and criminals

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What Criminologists Do The Criminological
Enterprise

• 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.

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What Criminologists Do The Criminological
Enterprise

• 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

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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

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How Criminologists View Crime

• 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

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How Criminologists View Crime

• 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

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How Criminologists View Crime

• 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)

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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)

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Crime and the Criminal Law

• 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

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Crime and the Criminal Law

• 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

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Crime and the Criminal Law

• 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

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Crime and the Criminal Law

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

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Crime and the Criminal Law

• The Evolution of Criminal Law
• Criminal law evolves to reflect social and
  economic conditions, such as stalking statutes or
  sexual predator laws (Megans Law)
• Changing technology requires modifications in
  criminal law

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Ethical Issues in Criminology

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