What is a crime?
A behavior that violates a legal norm beyond the state's tolerance with the probability of a legal sanction being applied. A violation of criminal law. Any act punishable by the government (including violations of administrative law)
Who is a criminal?
Person that behaves against a legal norm beyond the state's tolerance and will probably face a legal sanction
Crime is a form of...
Deviance
What 3 things defines deviance?
Norms. Tolerance. Sanctions
What are norms?
What people should do (are expected to do)
Norms are NOT...
Descriptions of what people actually do
Where are norms found?
Anywhere where there's people
What are examples of norms in the classroom?
Come to class on time. Don't text. Be quiet and listen when teacher's talking. Teacher comes prepared. Teacher doesn't leave classroom
What are forms of deviance?
Mental disorders. Suicide. Alcoholism. Drug addiction
What do norms revolve around?
Roles
What are examples of roles?
Me as a... Student, Hunter, Employee, Boyfriend, Brother, Son
How is elevator behavior an example of norms revolving around roles?
People in elevators should respect personal space and face the elevator door and buttons
How is the class example of asking for directions to a non-existent street an example of norms revolving around roles?
People asking for directions shouldn't ask if they already know
How is the in-class example of passing out blank flyers an example of norms revolving around roles?
People should hand out flyers only if they're advertising something
In the in-class example of handing out blank flyers, what did the person handing flyers out experience?
Sanctions
How is the in-class example of the one-price rule an example of norms revolving around roles?
People buying a non-negotiable item should not negotiate that price
How do norms change relating to culture and role?
Norms can change... Over time in the same culture, Between different cultures, in Subcultures within cultures, According to the role
What does it mean to say "norms are relative"?
Norms can change
What is an example of relative things?
fashion
Are tattoos deviant?
Depends on... Age of person getting tattooed, Age of person judging the tattooed, Political and Social views of people, Tattoo itself, Place of tattoo
What are formal norms?
Norms that are written down
What are examples of formal norms?
Laws (legal norms). Etiquette
What are informal norms?
Norms that are NOT written down
What is an example of an informal norm?
Traditions
What is Tolerance?
How much someone endures something
How does tolerance relate to norms and deviation?
Different groups tolerate different degrees of deviation from norms
How is tolerance reflected in crime?
By surveys asking people to rate the seriousness of different crimes
In the in-class example of tolerance reflected in crime (people surveying seriousness of crimes), what 2 things were found?
Consistent rating were found in violent and property crimes. Some crimes were rated differently based on tolerance
In the in-class example of the survey of Baltimore residents, what was surprisingly found?
Residents rated "using heroin" as more serious than "murder
What are sanctions?
Reactions to behavior
How are sanctions used in relation to crime?
Used as mechanisms of social control
What are different kinds of sanctions?
Positive, Negative, Formal, Informal
What are positive sanctions?
rewards
What are negative sanctions?
punishments
What are formal sanctions?
Official expressions of a group
What are informal sanctions?
Expressions by public and peers
What are examples of positive formal sanctions?
employee of the month". Diploma from graduation
What are examples of positive informal sanctions?
High-fives. Smiles. Buying-some-a-drink
What are examples of negative formal sanctions?
Speeding ticket. Fired from job. Legal sanctions
What are examples of negative informal sanctions?
Yelling at someone. Punching someone
Legal sanctions are an example of what combination of sanctions?
negative and formal
What is deviance?
Behavior violating norms beyond tolerance of the group so that there's a probability of a sanction applied
What defines an alcoholic in terms of deviance?
Quantity or behavior
What could be a sanction for an alcoholic?
Forced rehab. Divorce
In the in-class example of the difficulty of identifying norms, why can it be hard to identify the norms of sexual intercourse?
Because we have to identify norms according to... Consent, Legality, Living things, Dead things, the Type of being
Criminal behavior is...
Human behavior
What is the label "criminal"?
Social role only sometimes performed
Unlike other forms of deviance, crime is...
Relatively easier
Why is deviance inevitable?
Because norms tell only what should occur and
Criminology is NOT what, and why?
Forensics or Criminalistics, because those deal with getting information to solve crimes and apprehend criminals
Criminology is mainly what?
Sociological with CJ approaches
What are the 3 parts that make criminology?
Law Making. Law Breaking. Reactions to law breaking
What are the origins of law making?
The legal became illegal
How can illegal things become illegal?
(example would be the story behind drug laws and war on drugs)
Why should laws be reserved for certain things?
Moral landscapes shift
Crime is NOT what, but is what?
NOT random, but patterned
What is law breaking related to?
Characteristics of offenders and victims. Distribution of crime (statistics on crime and criminality). Theories of criminality and patterns of offending
Most criminalogical work is in what?
Law Breaking
What is the CJ system (out of the 3 parts of criminology)?
Reactions to law breaking
How is the CJ system = Reactions to law breaking?
By prevention and treatment to Law Breaking
What are reactions to law breaking related to?
Policing. Legally processing offenders. Evaluating correctional programs
How is policing related to reactions of law breaking?
By police work and discretion
How is the legal process of offenders related to reactions of law breaking?
Offenders are processed differently according to jurisdiction
How is evaluating correctional programs related to reactions of law breaking?
By prevention and curing
What is a misdemeanor?
Offense punishable by fine or confinement less than or equal to 1 yr in prison
What is a felony?
Offense punishable by confinement more than 1 yr in prison
What is a jail?
Temporary detainment of less than 1 yr
What is a prison?
Long-term detainment of more than or equal to 1 yr
What does the definition of a jail or prison depend on?
State jurisdiction
What kind of security can either a jail or prison have?
minimum or maximum security for either
What defines probation to be different from parole?
Supervision, given by a judge, without confinement
What defines parole to be different from probation?
Supervision with some confinement
What is Etiology?
Cause of an individual's criminality. Criminal's motive
What is Epidemiology? What did the word originate from?
Distribution of crime in space and time. Originated from the distribution of an epidemic (crime = epidemic)
How is the occurrence of crime related to groups?
Occurs in some groups more often than others
What are 4 types of law in criminology?
Substantive law. Administrative law. Civil law. Criminal law
What is substantive law ?
Statuatory law made by legislators that involves peoples rights, duties, crimes, and punishments.
Who does a substantive law apply to ?
Everyone in a jurisdiction
What is an administrative law ?
Regulatory law that governs the behavior of administrative agencies and the people the agencies control. It is usually abbreviated in letters
What are some examples of administrative laws ?
FDA, OSHA, FTC
What is civil law ?
Laws that govern behavior of citizens toward one another
Civil law is not what ?
Not criminal law
Crime is called what in Civil law ?
Tort
What are some examples of civil law?
Suing a roofing company or insurance agency. Getting a divorce
How is a victim defined by criminal law versus civil law?
Criminal law sees a victim as a state. Civil law sees a victim as an individual
Who represents the state in criminal law versus civil law?
Criminal law has a prosecutor or police officer to represent the state. Civil law has an attorney to represent the state
How are offenders punished in criminal law versus civil law?
Criminal law punishes offenders through criminal sanctions (things that deprive liberty or life). Civil law punishes offenders by fines or rewarding the defendant
How is criminal intent related to criminal law versus civil law?
Criminal law requires criminal intent. Civil law does NOT require criminal intent
What standard must exist for police to make an arrest?
Probable cause
What is probable cause?
The probability that a crime occurred and a finger can be pointed at an individual
What standard must exist for a prosecutor to prosecute?
Probable cause (higher than police)
What standard must exist for a judge or jury to find an individual guilty in criminal law?
Beyond a reasonable doubt
What does "beyond a reasonable doubt" mean?
The judge or jury must be 98% sure that a crime was committed and this person committed the crime
What standard must exist for a judge or jury to find an individual guilty in civil law?
Preponderance of evidence
What price is paid when the criminal justice system is focused on not punishing the innocent?
Guilty go free
Why is the standard of proof higher in criminal cases?
Government is a party and may bring unlimited resource to bear on the prosecution of the case. Consequences are higher, with people's liberty or money at stake. Injured individuals may seek redress through civil action, even if the accused is not prosecut
What are some crimes that have changing definitions between state governments?
Homicide. Manslaughter. Assault. Aggravated assault. Forcible rape. Robbery. Theft (larceny). Burglary. Auto theft
What is homicide?
Intentionally killing someone
What is manslaughter?
...
What is assault?
Attacking a person physically or threatening to do so
What is aggravated assault?
Attacking a person physically or threatening to do so, and threatening their life or doing so with or without a weapon
What is forcible rape?
Nonconsensual sex
What is statutory rape?
Consensual sex with a minor
What is robbery?
Taking another person's property with force or threat of force
What is theft / larceny?
Taking another person's property
What is burglary?
Trespassing into a place with intending to take another person's property
What is auto theft?
Theft of stealing an auto with the intent to keep the auto
What crime is committed if a person steals an auto but does not intend to keep the auto?
Theft / larceny
What are excuses that can be used for criminal responsibility?
Accident or mistake of fact. Self-defense. Compulsion / Duress. Insanity. Immaturity
Ignorance of knowing the law is or is not an excuse for criminal responsibility?
Ignorance of the law is NOT an excuse for criminal responsibility
If you plead insanity does it keep you away from imprisonment or not?
No, you will most likely be treated in a mental hospital and feel like you are imprisoned
What is the age majority (in NE) to use the excuse of immaturity?
19 years old
What is the minimum age (in NE) to use the excuse of immaturity?
7 years old
If a criminal is found guilty and is in between the minimum age and the age majority, where do they go?
To juvenile courts and corrections
What is crime?
Behavior contrary to law and required state of mind
What is Mens rea?
Guilty mind or criminal intent
What are "strict liability" crimes?
Crimes in which intent does NOT have to be proven
What are some Anglo-Saxon influences of crime?
Reliance on state power to enforce rules. Crime is an act against the state and personal injury or loss. Law makers are different from law enforcers. Judges settle disputes. Peers are ultimate deciders in a case
Why is crime an act against the state?
Because the crime can happen to anybody in the community and it affects the morality of the community
What are crimes brought to Essex County Court from 1636 - 1682?
Disturbing congregation. Absence from church. Contempt of clergy. Criticism of government. Child delivery to soon after marriage
What are the 3 purposes / perspectives of law?
Consensus perspective. Pragmatic perspective. Conflict perspective
What is the consensus purpose / perspective of law?
To reinforce and amplify mores (something the people feel strongly about). Norms are laws because we all agree these mores should be reinforced and amplified
What is the pragmatic purpose / perspective of law?
To protect the community, regardless of its morals. It deals with serious behavior
What is the conflict purpose / perspective of law?
To protect the interest of only certain groups, not the whole community
What does the conflict perspective / purpose of law originate from?
Group conflict
What is Quinney's theory?
Law is a creation and interpretation of rules in a political context. Law and politics are almost the same
What is common law?
Judge made law" in the decisions in court cases, in which the decisions are governed by stare decisis or precedent
What is procedural law?
Law that governs behaviors of the decision makers in the CJ system. The "rules" of making decisions
What are characteristics of Quinney's theory?
Certain groups have certain values and goals which may conflict with those of other groups. Law arises from the most powerful group. Societies are organized with an interest to protect the most powerful groups
What are 3 elements of Quinney's theory?
Pluralism. Conflict. Unequal distribution of power
What is pluralism?
Multitude of different groups
How are the conflicts of abortion and contraception, between the catholic church and planed parenthood, an example of Quinney's theory?
Catholic church believe abortion and contraception is wrong and should be illegal. Planned parenthood believes abortion and contraception is right and should be legal. The belief of planned parenthood usually is the dominant overlap in the conflict, but n
What supports Quinney's theory?
Laws changing. Vagrancy. The carriers case. Personal letters. Sunday laws / Blue laws
How do changing laws support Quinney's theory?
Laws change when different groups have different values and the most powerful group's values becomes the values of the majority of people
? How does Vagrancy support Quinney's theory?
? Homelessness wasn't against the law until a plague killed half of the English population. When the population decreased, there became less laborers. When there's less laborers, the law is relaxed. When there's more laborers, the law is enforced. Since t
How is the carrier's case support Quinney's theory?
A carrier took contents of a private package, which was legal at the time. The majority of people, and mainly the economic influence with foreign trade, wanted to make this situation illegal. Law arose from the majority and most powerful group
How do Sunday laws / Blue laws support Quinney's theory?
If the majority of people want Sunday laws to be enforced or manipulated, then those laws will be. Sunday laws are absent in the U.S. because the people don't want them. Blue laws are manipulated in the U.S. to not sell liquor or wine before noon on Sunda
What goes against Quinney's theory?
Laws don't ONLY come from the power of the most powerful groups. Laws protect everyone, not ONLY the most powerful groups. Tautology
What is tautology?
Saying the same thing twice in different words
What is an example of tautology?
People are "sick" because they committed the crime. People committed the crime because they're "sick
? How is tautology go against Quinney's theory?
?
Crime rate =
(reported crimes) / ((population) / (100,000))
How are crime rates limited in what they account for ?
They are only computed for...
Certain crimes (some out of many reported crimes at once).
1 calendar year.
Certain jurisdictions
When crime rates decline, what can it mean?
Crime has declined. Reported crime has declined. Police become worse at detecting criminals. Population has increased
Where do official crime rates come from?
UCR, NIBRS, NCVS, self-reports
How does the UCR put out crime data info?
By publishing "Crime in the U.S." each year
How does the UCR get crime data?
From police departments voluntarily giving the info
How does the UCR organize crime data?
By Part 1 offenses and Part 2 offenses
Why don't people rec. reality?
Accurate info is unavailable to most people. Media unintentionally or intentionally distorts crime for most people. When people are scared, they may exaggerate the threat
What is clearance rate?
Percentage of solved crime by police
What does clearance, in clearance rate, mean?
Police will not investigate that crime any further
Why don't police departments usually show their clearance rates?
Because it can give the public a bad perception of the progress that police departments make
What is NIBRS?
National incident based reporting system. Will probably replace the UCR decades later.
What is UCR?
Uniform crime reports
How many police departments use NIBRS, and why?
12-15% police departments, because they don't like change
What are problems with the UCR?
Only accounts for reported crimes. Rates are accounted in an arbitrary way (based on chance/impulse, not controlled/reasoned). It's voluntary. No uniform national criminal code. Different reporting methods from different police departments. Depends on cit
What is the typical criminal?
Male, young, poor, in urban areas
What are official crime statistics?
UCR and NIBRS
What are unofficial crime statistics?
Self-report studies
What are self-report studies?
Crime reports where people tell on themselves as criminals or victims
What are usual results of self-report studies?
Minor crimes committed. Small samples
What are problems with self-report studies?
NOT usually reliability issues, because people are usually honest. Questions are limited by time. Only covers certain types of crimes
What is NCVS?
National crime victimization survey done by the Bureau of Justice that samples 40,000 houses of 75,000 people 12yrs old or older
What are problems with the NCVS?
Starts with large samples. High refusal rate. Only covers certain types of crimes. Person being questioned can't answer for other house members. Selective recall and memory problems
What is the "Interest group theory of law" ?
...
sex ratio
...
medical model
...
stigmata
...
biological inferiority
...
phrenology
...
XYY chromosome criminals
...
id
...
ego
...
anomie
...
ritualism
...
conformity
...
Comparative Research Method - Positivism
...
criminal anthropology
...
atavism
...
physiognomy
...
body type theories
...
psychoanalytic approach
...
innovation
...
rebellion
...
retreatism
...
lombroso
...
beccaria
...
bentham
...
freud
...
merton
...
What things do criminology theories have to explain?
Etiology, Crime rates, Epidemiology
What were early explanations for crime?
Evil explanations
When did early explanations for crime change?
During the 1700's ("age of enlightenment") when studying criminal law
How did early explanations for crime change?
Changes in the legal code, focusing on reason NOT emotion
What is the focus of Bentham's criminology theory?
People act in self interest to get pleasure and avoid pain. It weighed each alternative
What is the focus of Beccaria's criminology theory?
Crime is a choice. Criminals are hedonists, choosing crime for self interest / pleasure. Crime is hedonism. Agrees with Bentham
Who is Beccaria?
Italian judge from the School of Criminology who challenged the system a lot. Wrote "Essay on crimes and punishment", which was smuggled out of Italy and published in 1764. He influenced the administration of justice
What are some reforms Beccaria suggested?
Eliminate torture, favoritism, secret accusations, and capital punishment. Criminals should be punished according to the severity of their crime. Crimes and punishments should be written down. More serious the crime = More severe the punishment. Purpose o
What are Beccaria's arguments?
Government doesn't have right to kill. Death penalty is NOT a useful or a necessary punishment
What are some facts about biological theories of crime?
Biology and environment are not zero-sum games (not having 2 sides). Unknown solutions if biology causes crime. Theories are based on scientific methods, easily showing truth and facts. They never go away. Something new can always be found. If they can be
Who are the individualistic theorists from the school of criminology?
Bentham. Beccaria
What do biological theorists of crime argue and focus on?
Early explanations of crime are false. "Evil causes evil". Crime is caused by "bad seeds". Criminals are born. Criminals are clearly different from other individuals. Structure determines function
What are the predecessors to biological theories of crime?
Physiognomy, Phrenology, Darwin's "Origin of species
What is physiognomy?
Study of facial features to determine character
Who is Lavater?
Biological theorist of criminology that focused on physiognomy
What is phrenology?
Study of head shapes to determine character. Studies exterior of skull to determine the shape of the brain, which determines the size of parts of the brain, which determines character
Who is Gall?
Biological theorist of criminology that focused on phrenology. He published 6 volumes of work, which is popular today
What is Darwin's "Origin of species"?
Work published by Darwin that provides biological development of human and animal evolution.
How does Darwin's "Origin of species" provide basis for biological theories of crime?
The "survival of the fittest" theory was misinterpreted
Who are the biological theorists from the school of anthropology?
Lombroso, Goring, Hooton, Sutherland, Sheldon, Cortes
Theorists from the school of criminology argue what kind of theories?
Individualistic theories
Theorists from the school of anthropology argue what kind of theories?
Biological theories
What is the focus of Lombroso's criminology theory?
Criminals having stigmata and atavism. Criminals can have 3 forms. Work was NOT done in a scientific method
Who is Lombroso?
Italian physician who became a biological criminology theorist. Looked at autopsies to study human bodies. Published "the criminal man", which became a standard reference of work
What is stigmata?
Attribute that separates someone from others
What is atavism?
Someone who hasn't fully evolved
According to biological criminologists, what 3 forms could criminals have?
Criminals can be born with their body of physical characteristics. Criminals can be insane, having something mentally wrong with them. Criminals can be criminaloids, doing serious crimes but not having stigmata
Who is Goring?
Biological criminology theorist
What is the focus of Goring's criminology theory?
Wrote "the English criminal". Tried replicating Lombroso's work to be scientific
Why Lombroso's work fail?
Because criminals aren't born, there is no distinctive physical type of criminals
Who is Hooton?
Harvard anthropologist who believed Lombroso's theory. Wrote "the American criminal" and "crime and the man
What is the focus of Hooton's criminology theory?
Criminals are physically different from non-criminals. Differences are shown by biological inferiority. Biological inferiority causes crime
What is the difference between Lombroso's and Hooton's theories?
Lombroso never gives a solution to the potential problem of biology causing crime. Hooton gives a solution to the potential problem of biology causing crime
What is Hooton's solution to the problem of biology causing crime?
Engenics (elimination and selective breeding)
Who is Sutherland?
Biological criminology theorist
What is the focus of Sutherland's criminology theory?
Found problems in Hooton's work
What problems does Sutherland find in Hooton's work?
Hooton had samples of select criminals. Hooton had a control group of certain people. Hooton didn't have enough variables. Hooton did NOT explain his way of translating physical deviations to physical inferiority
Who is Kretschmer?
Biological criminology theorist of Germany
Who is Sheldon?
Biological criminology theorist that continued Kretschmer's work in America. His study compared 200 university students to 200 inmates at a Boston boy's school (inmates at boy's school were more criminal)
What is constitutional inferiority?
Life starts as an embryo as a continuous digestive tube of 3 tissues that have interrelatedness. Whichever tube dominates mostly will have the most effect of the individual's behavior and character
What are the 3 tissues in constitutional inferiority?
Endoderm, Mesoderm, Ectoderm
What was the scheme of biological theories of crime and constitutional inferiority?
physique causes temperament causes behavior
What is the focus of Sheldon's criminology theory?
Biological structure translates to behavior by constitutional inferiority
What are the problems with biological criminology theories?
Sampling may or may not be random. Too general. No answer to how does body type cause behavior. No answer explaining how biology doesn't cause behavior
What is a spurious relationship?
Something A causes Something B and Something C
What is a spurious relationship in the biological criminology theories?
Something causes Biology and Crime
How is chromosome research a biological criminology theory?
Abnormalities during meiosis can make more than 1 chromosome, causing birth defects or criminal behavior. Person with additional chromosome XYY is thought to be a criminal
What are problems with chromosome research being a biological criminology theory?
Not reliable. Doesn't explain mechanism (how it works). Doesn't explain why XYY chromosomes do NOT ALWAYS make criminals
What are facts of psychoanalytic theory of criminology?
Theorists went to medical school
Who is Freud?
European psychiatrist. Distinguishes neurosis from psychosis. Wrote "the unconcious mind
What is the focus of Freud's criminology theory?
The unconcious mind. Believed we dream what we don't act out. Oedipus and Electra complexes. Id, Ego, Superego. Opposite of Sheldon
What is the Oedipus complex?
Son has a strong sexual attraction to mother and wants to kill father
What is the Electra complex?
Daughter has a strong sexual attraction to father and wants to kill mother
What techniques do psychoanalysists use to figure out our unconcious mind?
Ask about our lengthy histories and memories. Free association by stimulus words. Projective tests of psychiatrist showing pictures and patient describing pictures
What are the usual different forms of projective tests?
Rorschach inkblot tests. TATs (Thematic Apperception Tests) of psychiatrist showing neutral pictures and patient describing them. Dream analysis. Play analysis
What is our Id?
Things we desire / impulse. In our unconcious
What is our Ego?
Our self-concept. In our concious
What is our Superego?
Our conciense. Bridge between our unconcious and concious. Controls our Id from affecting our Ego
How is Freud the opposite of Sheldo?
Has biological theories, but let's Sheldon explain those