Chapter 1

Criminology

The study of crime, an academic discipline that uses the scientific method to study the nature, extent, cause and control of criminal behavior.

Age of responsibility

6 yrs. and under = never responsible
7 - 14 yrs. = sometimes responsible (it depends)
15 yrs. and older = always responsible

Delinquent acts include:

Truancy, running away, curfew violations, underage drinking

A deviant act becomes a crime when

deemed socially harmful or dangerous

Consensus View of Crime

The law defines crime
Agreement exists on outlawed behavior
Laws apply to all citizens equally

Conflict View of Crime

The law is a tool of the ruling class
Crime is a politically defined concept
"Real crimes," such as racism, sexism, and classism, are not outlawed
The law is used to control the underclass

Interactionist View of Crime

Moral entrepreneurs define crime
Acts become crimes because society defines them that way
Criminal labels are life-transforming events

The breaking of laws is

a process, which encompasses a series of events.

Schools of Criminological thought

Classical
Positivist
Sociological
Conflict
Developmental
Contemporary

Classical Criminology

The theoretical perspective suggesting that:
People have free will to choose criminal or conventional behaviors
People choose to commit crime for reasons of greed or personal need
Crime can be controlled only by the fear of criminal sanctions (punishment)
Beccaria

Positivist Criminology

Began during the 19th century
Uses the scientific method of the natural sciences and suggests that human behavior is a product of social, biological, psychological, or economic forces
Empirical Verification
"look of a criminal", "Brain of a criminal

Sociological Criminology

Based on the work of Quetelet and Durkheim, this approach focuses on the relationship between social factors and crime.
Structural perspective, ecological forces.
Crime is not a function of personal characteristics but a social phenomenon that can be reduced or controlled by improving social and economic conditions

Conflict theory

Advanced by Karl Marx, this approach suggests that human behavior is shaped by interpersonal conflict and those who maintain social power use it to further their own ends

Developmental Criminology

Began during the 20th century (40's and 50's)
An integration of sociological, psychological, and economic elements came together to form the perspective that criminality is a dynamic process influenced by social experiences as well as individual characteristics

Contemporary Criminology

Various schools over the past 200 years have resulted in a number of contemporary theories:
Rational choice
Trait
Social structure
Social process
Critical
Developmental

Crime

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

The Code of Hammurabi

was the first written criminal code, developed in Babylonia about 2000 BC

Mosaic Code

included the laws of the ancient Israelites found in the Old Testament of the Judeo-Christian Bible

Common Law

was early English law developed by judges, which became the law of the land in England and eventually formed the basis of criminal law in the U.S.

mala in se

(Latin "wrong or evil in itself")

mala prohibita

(Latin "wrong [as or because it is] prohibited")

Models of Criminal Law

Consensus and conflict

The consensus model

behavior is threatening to society's survival that they are designated as crimes.
Assumes that ALL members of a society by and large agree on distinctions between right and wrong.
Laws function to reconcile and to harmonize most of the interests that most of society accepts, with the least amount of sacrifice.

The conflict model

suggests that the criminal law expresses the values of the ruling class in a society, and the criminal justice system is a means of controlling the classes that have no power.

Social goals of Criminal Law

Deterrence
Equity
Social Control
Punishment
Express morality
Maintain Social Order
Retribution

Deterrence

Deter people from crime through fear of punishment

Equity

Make criminals pay back for their crime

Social Control

Prohibit behavior harmful to others

Punishment

Reaction to wrong doing

Express morality

The law reflects public opinion and morals

Maintain social Order

Supports the capitalist system

Retribution

Eliminate need for personal revenge

Ethics issues is Criminology

What to study
Whom to study
How to study

Criminologists strive for what kind of results

Valid and reliable measures

Penology

The study of corrections

Rehabilitation

treatment aimed at preventing future criminal behavior

Utilitarianism

The view that people's behavior is motivated by the pursuit of pleasure and avoidance of pain.

Beccaria

Classical Criminology father
Believed in utilitarianism
Beccaria's ideas declined by the end of the 19th century and re-emerged in the 1960s

Auguste Comte

Founder of sociology, positivist
Embracing scientific studies is a "positive" stage

Biological Determinism

Cesare Lombroso "Father of criminology"
Do criminals and non-criminals have different biological traits?

Bio-social theory

Link between Biological traits and criminal behavior

Cesare Lombroso

Father of criminology" believed in biological determinism

Anomie

Lack of norms or social standards. Norm-less-ness

Chicago School

studied the relationship between environmental (social) conditions and crime

Rational Choice theory

Criminals think out and have form a rational decision to commit a crime, Cost-Benefit analysis

Trait theories

Abnormal biological or psychological traits cause one to commit a crime

Social Structure theory

social environment directly controls criminal behavior. The disadvantaged common class is a primary cause of crime.
Chicago school.

Social Process theories

Children learn to commit crime by the behavior they see.

Felony

serious offense

Misdemeanor

Minor crime