1. Crime, Criminology, and the Criminal Law
Chapter 1
Crime,
Criminology,
and the Criminal Law

2. What is Criminology?
Criminology is the scientific study of the nature, extent, cause, and control of criminal behavior.
Criminology is an interdisciplinary science:
Sociology
Criminal justice
Political science
Psychology
Economics
Natural science

3. What is Criminology? Criminology and Criminal Justice
Criminology explains the origin, extent, and nature of crime in society
Criminal justice refers to agencies of social control
Both discipline areas overlap

4. What is Criminology? Criminology and Deviance
Deviant behavior departs from social norms
Not all crimes are deviant and not all deviant acts are criminal
Criminologists study both criminology and deviance to understand the nature and purpose of law (I.E. drug use)

5. A Brief History of Criminology
Classical Criminology 18th century
Utilitarianism emphasized behavior is considered purposeful and useful by the actor
Cesare Beccaria ( ) believed people have free will to choose criminal or lawful solutions to meet their needs
Choice is controlled by fear of punishment
Punishment should be severe, swift, and certain to control behavior

6. A Brief History of Criminology
Nineteenth-Century Positivism
Application of scientific methods to study crime
Auguste Comte ( )
Two main elements: 1) human behavior is a function of forces beyond a person’s control and 2) embracing the scientific method to solve problems
Charles Darwin ( ) popularized the positivist tradition
Influences of physiognomy and phrenology
Biological determinism - Cesare Lombroso ( ) atavistic anomalies
Social positivism developed to study the major social changes (sociology)

7. A Brief History of Criminology
Foundations of Sociological Criminology
L.A.J. Quetelet – cartography (demographic variables)
Emile Durkheim – anomie ( role confusion)
Crime calls attention to the social ills
Rising crime rates can signal the need for social change

8. A Brief History of Criminology
The Chicago School and Beyond
Robert Ezra Park ( ), Ernest W. Burgess ( ), Louis Wirth ( )
The Chicago School - social ecology (reaction to an environment that was inadequate for proper human relations and development)
Edwin Sutherland suggested people learn criminality
Walter Reckless linked crime to an inadequate self-image.
Both views linked criminality to the failure of socialization

9. A Brief History of Criminology
Conflict Criminology
Karl Marx ( )
Relationship between bourgeoisie (capitalists) and proletariat (labor) developing class conflicts
Development of conflict theory (the linkage between crime and capitalism)
Impact on civil rights/women’s movements

10. A Brief History of Criminology
Contemporary Criminology
Rational choice theory argues people are rational decision makers
Social structure theory argues social environment controls criminal behavior
Social process theory argues criminal behavior is learned

11. What Criminologists Do: The Criminological Enterprise
Criminal Statistics
Measuring the amount and trends of criminal activity
Creating valid and reliable measurements of criminal activity

12. What Criminologists Do: The Criminological Enterprise
Sociology of Law
Subarea of criminology concerned with the role of social forces in shaping criminal law (i.e. legality of art works)
Criminologists help lawmakers alter the content of criminal law to respond to the changing times (i.e. sex offender registration)

13. What Criminologists Do: The Criminological Enterprise
Developing theories of Crime Causation
Psychological view contends crime is a function of personality, learning, or cognition
Biological view incorporates biochemical, genetic, and neurological linkages to crime
Sociological view includes social forces such as poverty, socialization, and group interaction

14. What Criminologists Do: The Criminological Enterprise
The Nature of Theory and Theory Development
Social theory is a systematic set of interrelated statements that explain some aspect of social life
Some theory may be grand, while others are narrow in their focus
Theory is based on social facts, which can be readily observed

15. What Criminologists Do: The Criminological Enterprise
Criminal Behavior Systems
Involves crime types and patterns (i.e. violent, public order, and organized crime)
Edwin Sutherland’s “white-collar” crime
Crime typologies involve different types of crime and criminals

16. What Criminologists Do: The Criminological Enterprise
Penology
Correction and control of known criminal offenders
Capital punishment is used as social control
Mandatory sentences are aimed at social control and prevention of criminal acts.

17. What Criminologists Do: The Criminological Enterprise
Victimology
Examines the critical role of the victim in the criminal process (Hans von Hentig andStephen Schafer)
Use of victim surveys to measure the nature and extent of criminal behavior
Creating probabilities of victimization risk
Victim culpability or precipitation of crime
Designing services and programs

18. How Criminologists View Crime
The Consensus View of Crime
Substantive criminal law defines crime and punishment
Criminal law is a function of beliefs, morality and rules
Laws apply equally to all members of society
Acts which are considered as social harms should be outlawed to protect the social fabric and members of society

19. How Criminologists View Crime
The Conflict view of Crime
Criminal law reflects and protects established economic, racial, gendered, and political power and privilege
Definition of crime is controlled by wealth, power, and social position
Crime is shaped by the values of the ruling class and not the moral consensus of all people

20. How Criminologists View Crime
The Interactionist View of Crime
This position holds
People act according to their own interpretations of reality,
People observe they way others react either positively or negatively,
People reevaluate and interpret their own behavior according to the meaning and symbols they have learned from others
There is not objective reality, according to interactionists
The definition of crime reflects the preferences and opinions of people who hold social power
Crime is socially defined by moral entrepreneurs

21. How Criminologists View Crime
Defining Crime
Crime is 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
The definition combines all three criminological perspectives (consensus, conflict, and interactionist)

22. Crime and the Criminal Law
Code of Hammurabi (eye for an eye)
Mosaic Code (basis for U.S. legal system)
Compurgation (use of oathhelpers)
Trials by ordeal (divine intervention)

23. Crime and the Criminal Law
Common Law
English system of law based on precedent cases
Mala in se- refers to crime considered as evil
Mala prohibita -refers statutory crimes
Legislatures supplement common law with statutes

24. Crime and the Criminal Law
Contemporary Criminal Law
Felony offenses are serious criminal actions
Misdemeanor offenses are minor or petty criminal actions
Criminal law seeks to: Enforce social control, Discourage revenge, Express public opinion and morality, Deter criminal behavior, Punish wrongdoing, and Maintain social order

25. Crime and the Criminal Law
The Elements of a Crime
Actus Reus is the action of a crime
Mens Rea is the mental intent of a criminal action
Strict Liability does not necessarily require specific intent

26. Crime and the Criminal Law
Criminal Defenses
Excuse defenses – insanity, intoxication, and ignorance
Justification defenses – necessity, duress, self-defense, and entrapment

27. Crime and the Criminal Law
The Evolution of Criminal Law
Criminal law evolves to reflect social and economic conditions, such as stalking statutes or sexual predator laws (Megan’s Law)
Changing technology requires modifications in criminal law

28. Ethical Issues in Criminology
What to study (influence of research money)
Whom to study (unmasking the poor)
How to study (experiments and harm)