1. Introduction to Criminal Justice
Chapter 3: Explaining Crime

2. Introduction Several theories attempt to explain criminal behavior
Some theories assume:
Crime is part of human nature
Crime is based on biological, psychological, sociological, and/or economic aspects

3. Theory
Theory: an assumption that attempts to explain why or how things are related to each other
Theory of crime attempts to explain why or how a certain thing is related to criminal behavior
Criminological Theory: the explanation of criminal behavior

4. Classical Theory
Based on the assumption that people exercise free will and are thus completely responsible for their actions
Criminal behavior is motivated by a hedonistic rationality, in which actors weigh the potential pleasure of an action against the possible pain associated with it

5. Classical Theory: Cesare Beccaria
An Essay on Crimes and Punishments,
Argued only justified rationale for laws and punishments was the principle of utility.
Believed basis of society, as well as origins of punishments and right to punish, is the social contract

6. Deterrence
Special or Specific Deterrence: the prevention of individuals from committing crime again by punishing them.
General Deterrence: the prevention of people in general or society at large from engaging in crime by punishing specific individuals and making examples of them

7. Classical Theory: Cesare Beccaria
Believed best way to prevent or deter crime was to:
Enact laws that are clear, simple, and unbiased, and that reflect consensus of the population
Educate the public
Eliminate the corruption from the administration of justice
Reward virtue

8. Classical Theory: Cesare Beccaria
Main real-world drawbacks:
Not all offenders are alike
Similar crimes are not always as similar as they might appear

9. Neoclassical Theory
Classical theory, difficult to apply in practice, was modified in the early 1800s, and became known as neoclassical theory
Conceded that certain factors, such as insanity, might inhibit the exercise of free will
Introduced idea of:
Premeditation as measure of degree of free will
Mitigating circumstances as legitimate grounds for diminished responsibility

10. Positivist Approaches to Explaining Crime
Grew out of positive philosophy and the logic and methodology of experimental science
Human beings were beginning to be understood not as free-willed, self- determining creatures, but rather as beings whose actions were determined by biological and cultural factors

11. Positivist School of Thought: Key Assumptions
Human behavior is determined and not a matter of free will
Criminal are fundamentally different from noncriminals
Social scientists can be objective in their work
Crime is frequently caused by multiple factors
Society is based on consensus, not on a social contract

12. Positivist School of Thought: Problems
Account for too much crime; does not explain exceptions well
Ignore the process by which behaviors are made illegal
Assume that most people agree about most things most of the time
Believe that action is determined by causes independent of a person’s free will
Believe that social scientists can be objective in their work

13. Introduction to Criminal Justice
Chapter 3: Explaining Crime

14. Biological Theories Biological positivism
Based on the belief that criminals a physiologically different from noncriminals
The cause of crime is biological inferiority

15. Criminal Anthopology Cesare Lombroso
Criminals are, by birth, a distinct type
Can be recognized by physical characteristics, or stigmata
Physical stigmata do not cause crime; they only indicate an individual who is predisposed to crime
Atavist

16. Body-Type Theory
Extension of Lombroso’s criminal anthropology developed by Ernst Kretchmer and William Sheldon
Sheldon found delinquents were more mesomorphic than nondeliquents, and serious delinquents more mesomorphic than less severe delinquents

17. Heredity Studies Family trees Statistical comparisons
Identical and fraternal twins
Adopted children
All have failed to prove criminality is heredity because they cannot separate hereditary influences from environmental influences

18. Modern Biocriminology
Ongoing research has revealed numerous biological factors associated either directly or indirectly with criminal or delinquent behavior
The Limbic System
Violent criminal behavior has also been linked to disorders in other parts of the brain

19. Endocrine Abnormalities
Criminal behaviors have also been associated with hormone abnormalities, especially those involving:
Testosterone (a male sex hormone)
Progesterone and estrogen (female sex hormones)

20. Biological Theories
Biology or genetics gives an individual a predisposition to behave in a certain way
Whether a person actually behaves in that way and whether that behavior is defined as crime depend on environmental or social conditions

21. Introduction to Criminal Justice
Chapter 3: Explaining Crime

22. Psychological Theories
Psychological causes of crime include:
Intelligence and crime
Psychoanalytic theories
Humanistic psychological theory

23. Psychoanalytic Theories
Associated with work of Sigmund Freud who believed people with unresolved deep-seated problems were psychopaths
Problems with idea that criminal are psychological “sick” include:
Bulk of research suggests no more disturbed than rest of population
Many with psychological disturbances do not commit crime
Much of theoretical structure is scientifically untestable

24. Humanistic Psychological Theory
Maslow believed that human beings are motivated by five basic levels of needs, and that people choose crime because they cannot (or will not) satisfy their needs legally
Halleck views crime as one of several adaptations to the helplessness caused by oppression

25. Sociological Theories
Most of these theories of crime assume that a criminal’s behavior is determined by his/her social environment and reject the notion of the born criminal

26. Emile Durkheim
Rejected idea that the world is simply the product of individual actions
Argued crime is a social fact
Cause of crime is anomie
Crime is functional for society and marks the boundaries of morality
Advocated containing crime within reasonable boundaries

27. Theory of the Chicago School
1920s, attempt to uncover relationship between a neighborhood’s crime rate and its characteristics
Described American cities in ecological terms
Invasion
Domination
Succession

28. Theory of the Chicago School
Neighborhoods with high delinquency rates also experienced social disorganization, the condition in which
Usual control over delinquents are largely absent
Delinquent behavior is often approved of
Many opportunities for delinquent behavior
Little encouragement, training, or opportunity for legitimate employment

29. Anomie or Strain Theory
Robert Merton wrote about a major contradiction in the U.S. between cultural goals and social structure (anomie)
Argued that limited availability of legitimate institutionalized means to wealth puts a strain on people

30. Anomie or Strain Theory
People adapt through:
Conformity
Innovation
Ritualism
Retreatism
Rebellion

31. Anomie or Strain Theory
Cohen adapted Merton’s theory to explain gang delinquency
Cloward and Ohlin further argued that the type of adaptation made by juvenile gang members depends on the illegitimate opportunity structure available to them

32. Introduction to Criminal Justice
Chapter 3: Explaining Crime

33. Learning Theories
Gabriel Tarde viewed all social phenomena as the product of imitation or modeling
Edwin Sutherland argued that criminal behavior was learning in his differential association theory

34. Learning Theories
A theory that explains criminal behavior and its prevention with the concepts of:
Positive reinforcement,
Negative reinforcement,
Extinction,
Punishment, and
Modeling or imitation

35. Social Control Theories
Key question is Why do people conform?
Hirschi argued delinquency should be expected if a juvenile is not properly socialized by establishing a strong bond to society, consisting of
Attachment
Commitment
Involvement
Belief

36. Labeling Theory
Focus is the criminalization process rather than the positivist concern with the peculiarities of the criminal
Argues that once a person commits a first criminal act, he/she may be labeled negatively as a criminal
Label may become a self-fulfilling prophecy

37. Conflict Theory
Assumes society is based primarily on conflict between competing interest groups
Criminal law and the CJ system are used to control subordinate groups
Crime is caused by relative powerlessness
All behavior occurs because people act in ways consistent with their social positions