what is utilitarianism?
peoples behavior are motivated by the idea to achieve pleasure and avoid pain.
*crimes occur when potential pleasure outweighs punishment. Punishment must be sufficient
*Beccaria theroem is that in order for punishment to be eefctive it must be public, prompt, necessary, proportionate and dictated by law.
Classical criminology
Theoretical perspective suggesting that
(1) people have free will to choose criminal or conventional behaviors
(2) people choose to commit crime for reasons of greed or personal need;
(3) crime can be controlled only by fear of criminal sanctions/punishment
Elements of classical criminology
(1) people have free will to choose criminal or lawful solutions to meet their needs or settle their problems.
(2) crime is attractive when promise great benefits with little efforts
(3) crime may be controlled by the fear of punishment
(4) punishment that is or is perceived to be severe, certain, and swift will deter criminal behavior
Positivist
The branch of social science that uses the scientific method of the natural sciences and suggest that human behavior is a product of social, biological, psychological, or economic forces.
Elements of Positivist
(1) Scientific method use to conduct research. Scientific method is objective, universal, and culture free.
(2) Predicting and explaining social phenomena in a logical manner. This means identifying necessary and sufficient conditions under which a phenomena may or may not occur
(3) Empirical verification. all beliefs or statements must be proved through investigation guided by SM.
(4) Science must be value free and must not be influenced by the observers biases or political view.
who is the father of criminology
Cesare Lombroso
Cesare Lombroso research
studied the cadavers of executed criminals in effort to determine scientifically how criminals differed from noncriminals.
*Lombroso was convinced that violent offenders had inherited criminal traits. They were "born criminals" suffered from "Atavistic anomalies"; physically they were throwbacks to more primitive times when people were savages and were believed to have the enormous jaws and canine teeth.
**By 20th century American authors were discussing "the science of penology". Although Lomobroso version of strict biology is no longer taken seriously he was the first to link crime and biological traits. And it is believed that social and environmental conditions influence human behavior.
Biosocial theory
focuses on the interaction between biological and social factors as they are related to crime
Durkheim
believed crime is normal, it is impossible to imagine a society without crime. it is inevitable because people are so different from each other.
*suggested that crime can be useful and occasionally healthful for society because it allows social change. Used greek philosopher socrates who was considered a criminal and was put to death for corrupting moral views simply because he expressed different ideas.
Anomie
book written (The Division of Labor in Society)
* a lack of norms or clear social standards. Because of rapidly shifting morals values, the individual has few guides to what is socially acceptable.
Chicago School
Group of urban sociologists who studied the relationship between environmental conditions and crime.
- they examined how neighborhood conditions such as poverty influence levels of crime rates.
- these sociologists argued that crime was not a function of personal traits but rather a reaction to the environment the person developed.
- they challenged the belief that crime was a biological impairment instead they argued it was a social phenomenon and could be eradicated by improving social and economical conditions.
Felony
is a serious offense that carries a penalty of imprisonment, usually for one year or more, and may entail loss of political rights. Crimes such as murder, rape, and burglary are felonies.
Misdemeanor
a minor crime usually punish by minor jail time and/or fine. Crimes such as unarmed assault and battery, petty larceny, and stirring the peace are misdemeanors.
Critical criminology
(Criminologists began to analyze the social conditions in the United states that promoted class conflict and crime)
*the view that crime is a product of the capitalist system
Karl Marx
believed the economic system controls all facets of human life, consequently people's live's revolve around the means of production. The exploitation of the working class would eventually lead to class conflict and the end of a capitalist system.
Critical criminologists
members of a branch of criminology that focuses on the oppression of the poor, women, and minorities, thereby linking class conflict sexism, and racism to crime rates. Critical criminologists examine how those who hold political and economic power shape the law to uphold their self interests.
British Common Law
Early English law developed by judges, which became the standardized law of the land in England and eventually formed the basis of the criminal law in the United States.
*State legislators standardized common law crimes such as murder, burglary, arson and rape by putting them into statutory form in criminal codes.
Ethical issues in criminology
1) what to study
2) whom to study
3) how to study
UCR
Uniform Crime Report is a large database, complied by the FBI, of crimes reported and arrests made each year throughout the United States. it also collects data on the individuals arrested for committing the crime (age, gender,race)
UCR Part 1 crimes
the 8 most serious offenses included in the UCR: murder, rape, assault, burglary, robbery, arson, larceny, and motor vehicle theft.
Part II crimes
all other crimes, aside from the eight part 1 crimes, included in the UCR arrest data. Part II crimes include drug offenses, sex crimes, and vandalism, among others.
social goals of criminal law
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National Incident-Based Reporting System (NIBRS)
a program that collects data on each reported crime incident. The new program requires local police agencies to provide at least a brief account of each incident and arrest, including incident, victims and offenders information.
*program require local police agencies to provide a brief account of each incident and arrest within 22 crime patterns, including incident, victim, and offender information.
National Crime Victimization Survey (NCVS)
The ongoing victimization study conducted jointly by the justice department and the U.S. census bureau that surveys victims about their experiences with law violation.
*nationwide survey of victimization conducted annually by the U.S. census bureau for the bureau of statistics. the NCVS collects info on crimes suffered by individuals and households, whether or not those crimes were reported to law enforcement holding that as an advantage compared to UCR reports on crime reported to the police.
**strengths: includes crimes not reported to police. uses careful sampling techniques and its a yearly survey
homicides rates in 1980
from 1980 to 1991 the homicide rate rate started to fluctuate between 8 to 10 per 100,000 population. between 1991 and 2008 homicide rates dropped more than 40 percent; about 16,000 murder occur in a year.
Crime mapping
use to create graphical representations of the spatial geography of crime. Computerize crime maps enables criminologists to analyze and correlate a wide array of data to create immediate, detailed visuals of crime patterns.
*helpful for law enforcement agencies increase effectiveness of their patrol efforts
Ecology of crime
most crime occur during warm weathers usually July and august. usually beginning of the month. except for murders and robberies occur more in December and January.
instrumental crimes
those unable to obtain desire goods and services through conventional means may consequently resort to theft and other illegal activities such as selling narcotics in order to obtain them.
*offenses designed to improve the financial or social position of the criminal
Expressive crimes
rape and assault, as a result of their rage, frustration, and anger against society
*offenses committed not for profit or gain but to vent rage, anger, or frustration.
aging out of crime
people commit less crime as they age. they commit less crime as they mature.
neurotransmitters
a chemical substance, such as dopamine, that transmits nerve impulses from neuron to another (neurons are specialized cells that make up the body's nervous system).related to aging out crime. dopamine increases while serotonin reduces as adolescent. as grow older reverse which creates aging out of crime
three strike law
require people convicted of 3 felonies to serve a mandatory life sentence and "truth in sentencing policies" which require that convicted felons spend significant portion of their sentence behind bars.
Characteristics that predict chronic offending
1. School behavior (attendance problems, poor grades, and behavior problems) 2. family problem factor (poor parental supervision and control, significant family problems, criminal family members, documented child abuse, neglect, or family violence. 3. substance abuse factor (alcohol or drug use by minors in any other way other than experimenting) 4. delinquency factor (stealing pattern of behavior, runaway pattern behavior, gang member)
murder
they must have acted with malice and committed the act knowing it could result in death. their should be proof that had intention to kill or harm individual
manslaughter
homicide without malice. There should be proof of a mental element that played a part in the killing, such as self defence, provocation or the being of an unstable mind.
victimologists
criminologists who focus on the victims of crime
violent crimes by juveniles
violent crime by juveniles alone costs the united states $158 billion each year.
symptoms of PTSD
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cycle of violence
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victim precipitation theory
the view that victims may initiate either actively or passively, the confrontation that leads to their victimization. Some people actually initiate the confrontation that eventually lead to their injury/death.
active precipitation
aggressive or provocative behavior of victims that results in their victimization. when victims use threats or fighting words.
passive precipitation
personal or social characteristics of victims that make them attractive targets for criminals; such victims may unknowingly either threaten or encourage their attackers.
deviant place theory
the view that victimization is primarily a function of where people live. victims encourage crime but are vulnerable because they reside in socially disorganized high crime areas where they have a greater risk of coming into contact with criminal offenders, no matter what their own behavior or lifestyle.