Criminology

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