FCND2 Part I: Introduction (Chapters 1 and 2) Chapter 1: Introduction Copyright © 2015 Carolina Academic Press. All rights reserved.

What is Crime? Tappan’s (1960) definition: “an intentional act or omission in violation of criminal law (statutory and case law), committed without defense or justification, and sanctioned by the state as a felony or misdemeanor” What constitutes a crime varies by time and place Drinking age in the UK versus the US and drinking age in the US over time The prescribed sanctions (punishments) for crime vary widely The death penalty is used in 36 states and at the federal level and in those 36 states, which crimes can get the death penalty vary Copyright © 2015 Carolina Academic Press. All rights reserved.

Types of Crime Four ways to classify crime by type 1. Mala in se versus mala prohibita crimes Mala in se crimes are inherently bad These are the worst of the worst crimes (murder, rape, robbery, theft) and are universally condemned as wrong and deserving of punishment Mala prohibita crimes are bad because they have been designated as such Examples include drug use and prostitution and are illegal in certain places and during certain times Whether these actions are considered wrong and deserving of punishment depends on whether they have been called crimes Copyright © 2015 Carolina Academic Press. All rights reserved.

Types of Crime Four ways to classify crime by type (cont.) 2. Felonies versus misdemeanors This allows us to categorize crimes by their seriousness Felonies are considered more serious and this is reflected in the prescribed punishment In LA, the punishment for a felony includes death or imprisonment at hard labor Felonies also carry longer sentences than misdemeanors A sentence of one year or more of incarceration is reserved for felonies Copyright © 2015 Carolina Academic Press. All rights reserved.

Types of Crime Four ways to classify crimes by type (cont.) 3. Violent versus nonviolent Violent crimes involve the actual, attempted or threatened use of force against a person; the use of a weapon may be involved Examples include murder, rape, robbery Nonviolent crimes do not involve the use of force against a person and can include both property and public order crimes Examples include burglary, prostitution and drug use Even though these crimes are not violent, they can be classified as felonies and can carry long prison sentences Copyright © 2015 Carolina Academic Press. All rights reserved.

Types of Crime Four ways to classify crime by type (cont.) 4. Personal versus property crimes Personal crimes include murder, rape, robbery, assault and domestic violence Property crimes involve the theft or destruction of property Personal crimes are considered more serious than property crimes But property crimes can result in prison time Some crimes are both personal and property crimes E.g., armed robbery Copyright © 2015 Carolina Academic Press. All rights reserved.

What Is Criminal Law? A formal criminal law comes into existence when society has an interest in proscribing or prescribing and punishing certain acts Our modern laws have a direct connection to the Law of the Twelve Tables from Rome in 450 B.C. When we think about the creation of laws, we should think about who creates them and why Chambliss (1974): those with special interests and political power may pass laws that support their interests and punish the activities of those in opposition Copyright © 2015 Carolina Academic Press. All rights reserved.

Changing Times, Changing Laws? Laws often remain on the books long after their relevance has passed Examples of sodomy, treason, misprision of treason and criminal anarchy in Louisiana Why is this so? Legislators rarely vote to remove laws from the books for fear of being labeled soft on crime When new laws are passed, there is an increase in the number of activities that are considered criminal Copyright © 2015 Carolina Academic Press. All rights reserved.

What is Criminology? Criminology is the scientific study of crime Criminologists focus on: What causes crime How and why crime rates change Why some people and groups engage in crime more than others Why some activities are criminalized and others are not How to prevent crime Criminologists use the scientific method to study their areas of interest Criminology has advanced to include experimental as well as observational studies Copyright © 2015 Carolina Academic Press. All rights reserved.

The Emergence of Classical Criminology (1700s) Cesare Beccaria is the father of classical criminology Wrote On Crimes and Punishments in 1764 that was concerned with crime and how to control it Believed that humans are rational and acted in their own self-interest, choosing actions that would maximize pleasure and minimize pain Five most influential principles that form the classical school: Punishment should be a deterrent, not a retribution Punishment should be proportionate to the crime committed Certainty and swiftness of punishment, not severity will achieve the greatest deterrent effect Criminal procedures should be public Punishment by death has no utility and the state has no right to kill Copyright © 2015 Carolina Academic Press. All rights reserved.

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