Introduction to Criminology

(CRIM.SOC.-1) Introduction to Criminology and Psychology of Crimes Rico T. Musong Registered Criminologist

Concepts of Crime and Criminology The problem of crime and delinquency is not only a headache to the law enforcement agencies of the government but most of all it is a growing cancer in the society. For centuries, human learning was divided into four areas: law, medicine, theology and philosophy. All the knowledge the universities recognized and taught and confined in those four areas. It was not until the 18 th and 19th centuries that the natural social sciences became full-fledged disciplines. In fact, the science of criminology has been known as such for only a little more than a centuries. In 1885, the Italian law professor Raffaele Garafalo coined the term CRIMINOLOGIA, but the first use the term CRIMINOLOGY IS credited to Paul Topinard, a French anthropologist in 1887. The suffix OLOGY refers to a science or branch of learning and the term implies a scientific study of crime or criminals.

What is Criminology? •

Edwin H. Sutherland and Donald R. Cressey definedà -Criminology is the body of knowledge regarding crime as a social phenomenon.

It includes: -The processes of making laws, of breaking laws, and of reacting toward the breaking of laws •

Based on the premise, criminology can also be defined as the scientific study of causes of crime in relation to man and society who set and defined rules and regulations for himself and others to govern.

Making of laws •

Law is passed because of the consensus of the will of the public. In the Philippines, we have bicameral system of legislation. It is called bicameral because it is composed of two houses; the Senate and the House of Representatives. We have three major divisions or branches in the government; the executive, vested on the office of the president; the legislative, cited and explained above; and the judiciary vested on the Supreme Court. We are being represented by the legislative branch in making laws.

• Early laws worldwide setting: 1. 2. 3. 4. 5. 6. 7. 8.

Code of Hammurabi- Babylon (1700 B.C.) Mosaic Code- Israelites (1200 B.C.) Draconian Code- Greece (17th century) Hindu Code of Manu- India Koran- Islamic Society Law of twelve tables- Romans Sumerian Code- Summer (3500 BC.) Law of moses ( 1500 B.C.-1900 B.C.)

• Early laws in the Philippines: 1. Maragtas Code (1215) -the oldest law of Panay Island. 2. Kalantiaw Code (1433) -2nd code of criminal justice.

Breaking of Laws •

All violations of laws are violations of the will of the majority in the society. Violation of the provisions of the criminal laws created by the public thru representation is called CRIME.

Crime- is an act or omission in violation of criminal law. Act- is outward movement tending to produce effect. Omission-

Reaction of the society towards the breaking of laws •

Society either reacts positively or negatively when someone commits crime. However, seldom has the society reacted positively; it reacts negatively by imposing punishment on the law-breaker.

Phenomenon- observable; something which can be observed; any fact, circumstances, or experiences which can be explained scientifically.

• Criminology is interdisciplinary: • • • • • •

Sociology Criminal justice Political science Psychology Economics Natural science

Objectives of Criminology The development of a body of general and verified principles and of other types of knowledge regarding this process of law, crime, and its control and prevention, and the treatment of the youthful offenders.

Nature of Criminology Criminology continues to bring together in a very amorphous manner people who do the following kinds of work: 1. academicians (often sociologists) who teach students a subject called criminology, including those criminologists who also do research and write on the subject; 2. teachers who train other people for professional roles in crime control and criminal justice work; 3. those who are involved in policy research within the criminal justice system; and 4. those who apply criminology that is all the people who are employed in criminal justice agencies, ranging from policemen to lawyers to prison wardens to correctional workers. Even this list of broad groupings does not exhaust the possibilities as criminology and criminal justice increasingly play prominent roles in the further development of society.

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

Criminology and Deviance • •

Deviant behavior departs from social norms Not all crimes are deviant and not all deviant acts are criminal

Is Criminology a Science? There is at present a continuing argument whether criminology is a science or not. Edwin H. Sutherland and Donald Cressy both American Criminologist argued that criminology is not a science but it has hopes of becoming a science. However, George L. Wilker said that criminology cannot possibly become a science.

Criminology is a science in itself when applied to law enforcement and prevention of crimes under the following nature: 1. It is an applied science- in the study of the causes of crimes, anthropology, zoology, psychology, sociology and other natural sciences may be applied. While in crime detection, chemistry, medicine, physics, mathematics, ballistics, photography, legal medicine, question documents examination may be utilized. This is called instrumentation 2. It is a social science- in as much as crime is a social creation and that it exists in a society being a social phenomenon, its study must be considered a part of social science. 3. It is dynamic- criminology changes as social conditions changes. It is concomitant with the advancement of other sciences that have been applied to it. 4. It is nationalistic- the study of crimes must be in relation with existing criminal law within a territory or country. Finally, the question as to whether an act is a crime is dependent on the criminal law of a country.

The Scope of Criminology 1. Study of the causes of crimes and development of criminals. 2. Study of the origin and development of criminal laws. 3. Study of the different factors that enhances as: a. criminal sociology- study the effects of social conditions on crime and criminals including the machinery of justice and the evolution of criminal law and punishment. b. criminal psychiatry- study of human mind in relation to criminality. c. criminal ecology- the study of criminality in relation to special distribution on a community. d. criminal demography- study of the relationship between criminology and population. e. criminal epidiomology- study of the relationship between environment and criminality. f. Criminal physical anthropology- study of criminality in relation to physical constitution of men.

g. Victimology- study of the role of the victim in the commission of the crime. 4. Study of the various process and measures adopted by society in cases of violation of criminal laws: a. b. c. d. e. f.

the detection and investigation of crimes, the arrest and apprehension of criminals, the prosecution and conviction of the criminal in a judicial proceeding, the enforcement of laws, decrees and regulations, the administration of the police and other law enforcement agencies, maintenance of recreational facilities and other auxiliary services to prevent the development of crimes and criminal behavior.

Three Divisions of Criminology • • •

Criminal Etiology- it is an attempt at scientific analysis of the causes of the crime. Sociology of Law- which is an attempt at scientific analysis of the conditions which penal/criminal laws has developed as a process of formal and social control. Penology- which is concerned with the control and prevention of crime and the treatment of offenders.

The Criminologist Criminologists are interested as how criminal laws are created, who has the power to create them, what are the purpose of such laws, how they are enforced and violated. The criminologists study the kinds of sanctions or incentives that can best protect the environment. The criminologists study the relationship between ideology and power in the making, enforcing, and breaking of laws.

Criminologist, defined •

A Criminologist is a person who studies the causes of crimes, its treatment and prevention using scientific methods.

•

Criminologists use scientific principles à • • •

Gather data Create theories Employ established method of social science inquiry •

Experimental designs

•

Sophisticated data analyses

Is a Policeman considered a Criminologist Generally speaking, a policeman is a criminology practitioner not a criminologist, because he is focused only in the enforcement of the law, which is only one aspect in the work of a criminologist.

What is a Criminology Practitioner A criminology practitioner is any person who is a consumer of the knowledge and research of criminologists, applied in the prevention, control and treatment of a crime. Examples: any member of any law enforcement agency of the government, crime laboratory technicians, correctional officers, and other workers of the criminal justice system.

What is then is a Licensed Criminologist A licensed criminologist is a degree holder of Criminology or a Criminology practitioner who passed the licensure (Board) Examination for Criminologist and is registered with the Professional Regulation Commission (PRC). R.A. 6506- an Act Creating the Board of Criminology in the Philippines and for other purposes.

Some Important Terms in the Study of Criminology 1. Criminogenic Processes- Explain human behavior and the experience which help determine the nature of a person’s personality as a reacting mechanism; that factors or experiences in connection thereto infringe differentially upon different personalities, producing conflict which is the aspect of crime. 2. Criminal Psychodynamics- the study of mental processes of criminals in action; the study of genesis, development, and motivation of human behavior that conflicts with accepted norms and standards of society; this study concentrates on the study of individuals as opposed to general studies of mass populations with respect to their general criminal behavior. 3. Cultural Conflicts- A clash between societies because of contrary beliefs or substantial variances in their respective customs, language, institutions, habits, learning, tradition, etc. 4. Dementia Praecox- a collective terms of mental disorder that begins at, or shortly after puberty and usual leads to general failure of the mental faculties, with the corresponding physiological impairment. 5. Delusion- In medical jurisprudence, a false belief about self, caused by morbidity, present in paranoia and dementia praecox.

6. Episodic Criminal- A non-criminal person who commits a crime when under extreme emotional stress; a person who breaks down and commits a crime as a single incident during the regular course of natural and normal events. 7. Erotomania- A morbid propensity to love or make love; uncontrollable sexual desire, or excessive sexual craving by members of either sex. 8. Inheritance- the transmission of physical characteristics, mental traits, tendency to disease, etc., from parents to offspring. In genetics, the tendency manifested by an organism to develop in the likeness of a progenitor due to the transmission of genes in the productive process. 9. Hereditary- Have been believe to share about equally in determining disposition, that is, whether a person is cheerful or gloomy, his temperament, and his nervous stability. 10. Hallucination- An individual with a strongly self-centered pattern of emotion, fantasy, and thought. 11. Kleptomaniac- an uncontrollable morbid propensity to steal or pathological stealing. The symptoms of this disease usually consist of peculiar motives for stealing and hoarding. 12. Masochism- a condition of sexual perversion in which a person derives pleasure from being dominated or cruelly treated. 13. Melancholia- A mental disorder characterized by excessive brooding and depression of spirits; typical of manic-depressive psychosis, accompanied by delusions and hallucination. 14. Megalomania- A mental disorder in which subject thinks himself great or exalted. 15. Necrophilism- Morbid craving, usually of an erotic nature for dead bodies. It is also a form of perversion where sexual gratification is achieved either through sexual intercourse with, or mutilation of a dead body. 16. Anthropology- it is the science devoted to the study of mankind and its development in relation to its physical, mental and cultural history. 17. Autophobia- it is a morbid fear of ones self, or of being alone. 18. Biometry- In Criminology, a measuring or calculating of the probable duration of human life; the attempt to correlate the frequency of crime between parents and children or brothers and sister (siblings). 19. Biosocial Behavior- A persons biological heritage, plus his environment and heritage, influence his social activity. It is through the reciprocal actions of his biological and social heritages that a persons personality is developed. 20. Logomacy- A statement that we would have no crime if we had no criminal law, and that we could eliminate all crime merely by abolishing all criminal laws.

Important Personalities in the Study of Criminology 1. Dr. Cesar Lombroso- Italian Doctor. Considered as the father of Criminology. The world famous authority in the field of criminology who advocated the Positivist theory: that crime is essentially a social and moral phenomenon and it cannot be treated and by

the imposition of punishment; and that a criminal is just any person who is sick, that he should be treated in the hospital for his possible rehabilitation and reformation. 2. Dr. Charles Goring- English statistician who studied the case histories of 2,000 convicts and found that heredity is more influential as determinant criminal behavior than environmental. 3. Alphonse Bertillon- One who originate a system of classifying criminals according to bodily measurements. Human skeleton is unchangeable for the period of twenty years. 4. Edwin Sutherland- American authority in criminology who in his book, Principle of Criminology, considered criminology at present as not a science but it hopes of becoming a science. 5. R. Garafalo- Italian authority in criminology, who developed a concept of the natural crime and defined it as a violation of the prevalent sentiment of pity and probity. 6. W.A. Bonger- An international authority in criminology who classified crimes by motives of the offender as economic crimes, sexual crimes, political crimes, and vengeance as the principal motives. 7. Cesare Beccaria- Who, in his book: An Essay of Crimes and Punishment, advocated and applied doctrine penology, that is to say make punishment less arbitrary and severe; that all persons who violated a specific law should receive identical punishment regardless of age, sanity, wealth, position, or circumstance. 8. Enrico Ferri- Italian born 1856, published the book in 1878-The Theory of Imputable and Denial of Free Will. He emphasizes on the following: a. physical factor- geographical climate b. anthropological including psychological c. economic, political, as well as age, sex, education and religion 5. R. H. Goddard- who advocated the theory that feeblemindedness inherited as Mendelian Unit, causes crime for the reason that a feebleminded persons is unable to appreciate the consequences of his behavior, or appreciate the meaning of the law. 6. David W. Maurer- an American authority in police administration who, in his book the Big Con, once said, the dominant culture could control the predatory cultures without difficulty, and what is more, it would exterminate them, for no criminal subculture can operate continuously and professionally without the connivance of the law. 7. Peter Rentzel- a private person who in 1669, established a work house in Hamburg at his own expense because he had observed that thieves and prostitutes were made worse instead of better by pillory, and he hoped that they might be improved by work and religious instruction in the workhouse. 8. John Howard- the great prison reformer, who wrote the State of Prisons in England in 1777, after a personal investigation of practically all the prisons in England.

* TERMS OF CRIMINOLOGY * Anthropometry: The attempt to derive character traits by measuring the human body. Anthropometrical approaches to crimininality include Lombroso's measurement of atavistic stigmata, and Sheldon's measurement of general physique, or "somatotype." Atavism: Atavism refers to Lombroso's theory that while most individuals evolve, some devolve, becoming primitive or "atavistic". These evolutionary "throwbacks" are "born criminals," the most violent criminals in society. Born criminals could be identified through their atavistic stigmata. (For a good account of Lombroso's theories of atavism, see Gould's The Mismeasure of Man, pages 151-75.) Celerity: Swiftness. Beccaria argues that in order to be an effective deterrent, punishments must possess celerity. A punishment that occurs quickly after the crime helps to form a strong connection between the punishment and the crime in the minds of the general public, so that whenever a citizen contemplates a criminal act, he will instantly recall the punishment and weigh it into his deliberation. See also certainty and severity. Certainty: According to Beccaria, a punishment must be certain to follow from the crime in order to be an effective deterrent. The greater the extent to which a would-be offender thinks that she can get away with a crime, the less she will weigh the punishment into her deliberation of whether or not to commit the crime. See also celerity and severity, or play the proportionality game! Constitutional Theories: Theories such as Lombroso's or Sheldon's that locate the origins of criminality in a person's biological or psychological make-up. Refers to one's physical constitution (not a legal constitution). Culture: The development of criminology to some degree can be told as the story of a deepening understanding of culture. For early sociological criminologists—and for many today —'culture' is primarily understood as the values and goals that orient individual actors. Many subcultural and labeling theorists deepen this understanding, seeing a 'culture' as the understandings and behaviors that arise, in the words of Howard Becker, ". . . in response to a problem faced in common by a group of people . . ." (Outsiders, 81).

Finally, recent criminologists—especially feminist and critical criminologists—view culture very broadly, as the beliefs and values, tastes and interests, knowledge, behavior, and even the very ways that individuals conceive their of 'selves'. Culture, in short, has come to be seen as the fabric out of which the social is made. Deterrence: A strategy of punishment associated with the Classical School. Deterrence can either be specific, punishing an individual so that she won't commit a crime again, or general, punishing an individual to set an example to society, so that others will not commit the same crime. For the Classical School, punishment was primarily justified in terms of general deterrence. See also Retribution, Rehabilitation, and Incapacitation. Etiology: The study of the causes or origins of behavior. Positivist approaches to criminology are characterized by their interest in determining the etiology of criminal behavior. "Ex-Post Facto": Laws that apply retroactively, that is, to punish actions conducted before they were pronounced illegal. Free Will: For Beccaria and the classical school, even though people are hedonistic, they also possess reason, and can therefore calculate the course of action that is really in their selfinterest. This gives them a degree of freedom over their situation. Hedonism: The idea held by the classical school, that people only act according to what they find pleasurable and in their self-interest. See also Free Will/Reason. Incapacitation: A strategy of punishment associated with positivist approaches to criminology. Sick offenders are removed from society (institutionalized or imprisoned) if they cannot be cured and rehabilitated, in order to protect society from harm. See also Deterrence and Retribution. Positivism: In criminology, 'positivism' has two meanings. (1) Specifically, it refers to the evolutionary assumptions and scientific methods of the 'positivist school' of criminology. (2) More generally, it is used to characterize all approaches to criminology that are

primarily concerned with questions of etiology, and which believe that social phenomena can and should be explained in the manner of the natural sciences. "Promoting the Greatest Good for the Greatest Number . . .": The purpose of laws and punishments for the classical school. Thinkers differ, however, on who the "greatest number" are. For Beccaria and other thinkers who believed that the state should be conceived as a social contract, this meant that because the state was created by a decision made by each one of its citizens, it was obligated to produce the greatest good shared equally among all of its citizens. For Bentham, whose utilitarianism accepted that the purpose of legislation should be "promoting the greatest happiness for the greatest number" but rejected the idea of the social contract, the "greatest number" could mean the greatest good for the majority of people in society. . . so that the interests of particular individuals might need to be sacrificed for the greater social good. Proportionality: The Classical School believed that punishments could only deter if they were "proportional" to their crime, where proportionality means (1) that the severity of punishments correspond to the severity of the harm done by the crime, so that more serious crimes receive more serious punishments, and (2) that the type of punishment resembles the crime, so that others in society can best associate the punishment with the crime (see general deterrence). Beccaria further argues that proportionality is the only punishment that is morally acceptable according to the social contract. Reciprocal Obligation: The basis of the social contract according to The Classical School. Because people are hedonistic, driven by their self-interest, yet rational, capable of rationally considering what is really in their self-interest, they will come to the conclusion that life is more pleasurable with a degree of security—attained by everyone in society promising not to act in ways that will harm others. These "reciprocal obligations"—the promises that all rational individuals would make in a society—can be considered a society's fundamental "social contract." Rehabilitation: A strategy of punishment associated with positivist approaches to criminology. Offenders are understood to be sick; the state attempts to cure them and reintroduce them into society. Retribution: A justification for punishment that argues the guilty must be punished not, or not only, for instrumental ends, but because criminal actions simply 'deserve' to be punished.

Somatotyping: The derivation of behavioral types from particular forms of the body. Somatotyping was first applied to criminology by William Sheldon and Eleanor and Sheldon Glueck. Severity: According to Beccaria, punishments ought to proportional in their severity. Social Contract: The idea of Beccaria and other members of the Classical School that government can be thought of as created by its citizens for certain shared and common ends. "Social contract theory" uses this notion to determine when laws are just or unjust, by arguing that just laws ought to be thought of as promises that everyone in society would realize is in their best interest to make to one another. Stigmata: As a term of medicine, 'stigmata' refers to the physical marks and characteristics that suggest an individual is abnormal. For Lombroso, 'atavistic stigmata' were those physical characteristics that suggested an individual to be atavistic. Such stigmata included abnormal skull sizes, hawk-like noses, large jaws and cheekbones, and fleshy lips. Utilitarianism: Specifically, utilitarianism refers to the theory of Jeremy Bentham and John Stuart Mill that the overall utility or benefit produced by an action ought to be the standard by which we judge the worth or goodness of moral and legal action. More generally, utilitarian principles can be seen in the arguments of the early social contract theorists: the idea that government was utilitarian in nature followed from their understanding of human nature as hedonistic, and bringing about government because they realize it is in their benefit. See the social contract, "Promoting the Greatest Good for the Greatest Number," and instrumentalism.

* TERMS OF SOCIAL SCIENCE *

Epistemology: Strictly speaking, refers to philosophies or theories of the nature of knowledge. In social science, epistemology often refers to how individuals perceive "truth," and the social processes by which knowledge is constructed and accepted as "true."

Extrinsic: Existing outside of a thing. Instrumental: Actions done to accomplish a greater consequence or end. For example, punishments carried out in the name of (general) deterrence punish particular individuals in order to prevent others in society from commiting the same actions; punishment teaches others in society a lesson. This is in contrast to retributionist justifications for punishments. Reciprocal: Something exchanged, given, or owed between two or more individuals. According to The Classical School, the basis of order in society are those promises that every individual in society would make if they thought about it rationally, and therefore would make reciprocally.

THEORIES OF HUMAN NATURE Until the 20th century, theories about criminality were explicitly derived from more general ideas about "human nature." For the "classical school" of criminology (a very broad category for the legal theorists and reformers of the 17th and 18th centuries) criminal behavior was a natural consequence of people's drive toward hedonism--a drive perceived to be held by all individuals. A well-ordered state would not attempt to change people's behavior, but would attempt to construct a social and legal environment in which criminal behavior was not in people's self-interest. While this view was also held by the "positivist school" of criminology (the Italian criminal anthropologists of the late 19th and early 20th centuries), true criminal behavior was the product of those people in society who did not possess "civilized" human nature. The constitution of these "born criminals" was less than human, "primitive," "savage," and "atavistic," needing to be altered or separated from society. Thus for the classical school, criminals are like ourselves, while for the positivist schools, criminals are very different.

A Brief History of Criminology • A Recent Development •

The study of crime and criminality is relatively young, however criminal codes have existed for thousands of years

•

Middle Ages (1200 – 1600) • • •

Witches and demons The Inquisition Burned to death

• Classical Criminology • Cesare Beccaria (1738-1794) • • •

Essays on Crimes and Punishments His writings have become the core of what we call “Classical Criminology” the purpose of criminal punishment is to ensure the protection and order of society

• Six Principles of Beccaria • • • • • •

1. greatest good for the greatest number of people (utilitarianism) 2. crime is an injury to society and the measure of crime is the measure of harm 3. prevention of crime is more important than punishment; laws should be created and written so that they can be understood 4. abolish torture and secret confessions; give the accused a right to trial and the right to provide evidence on their behalf 5. punishment is not for revenge; therefore certainty and swiftness are more important that severity 6. imprisonment should be more widely utilized; conditions should be good and prisoners should be housed by classification

• Jeremy Bentham • • • •

Hedonistic Calculus people will naturally seek the greatest pleasure over the greatest pain punishments should be created with this idea in mind to create deterrence

Basic Elements à 1. Believed people have free will to choose criminal or lawful solutions to meet their needs 2. Crime is attractive because it usually requires less work for a greater payoff 3. Choice is controlled by fear of punishment 4. Punishment should be severe, swift, and certain to control behavior

• Positivist Criminology •

Application of scientific methods to study crime

•

Charles Darwin (1809-1882)

•

Auguste Comte (1798-1857)

•

Two main elements à 1. Human behavior is a function of forces beyond a person’s control, and 2. Embracing the scientific method to solve problems

•

Lavater à Shape of ears, nose, and eyes and the distance between them shows a relationship to antisocial behavior (physiognomy)

•

Gall & Spurzheim à Shape of the skull and bumps on it (phrenology) • The brain’s 30 different areas

•

Pinel, Rush, etc. 1. the mind was the cause 2. psychopathic personality

•

Biological determinism 1. Cesare Lombroso (1835-1909) 2. Atavistic anomalies à Throwbacks to primitive times 3. criminal anthropology

• Positivistic Criminology •

Social positivism developed to study the major social changes (Sociology) 1. Population 2. Machinery

• Foundations of Sociological Criminology 1. Quetelet – cartography (demographic variables) {“cartographic school”}

• • • •

Population density Gender Religious affiliations Wealth

• Foundations of Sociological Criminology •

Durkheim à 1. Crime is normal • Poverty and prosperity 2. Rising crime rates can signal the need for social change • Programs to relieve human Suffering 3. Anomie = Norm and role confusion = “normlessness”

• The Chicago School and Beyond • •

• • • •

Park (1864-1944), Burgess (1886-1966), & Wirth (1897-1952) The Chicago School: 1. Social ecology (reaction to an environment that was inadequate for proper human relations and development) 2. Natural areas for crime Criminologists use scientific principles à Gather data Create theories Employ established method of social science inquiry Social Psychological Views 1. Sutherland suggested people learn criminality 2. Reckless linked crime to an inadequate self-image. 3. Both views linked criminality to the failure of socialization

• Conflict Criminology •

Marx (1818-1883) 1. Relationship between bourgeoisie (capitalists) and proletariat (labor) developing class conflicts 2. Development of conflict theory (the linkage between crime and capitalism)

•

The United States in the 1960’s 1. Impact on civil rights/women’s movements

• 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 Critical criminology inter-connects personal, situational, and social factors

What Criminologists Do the Criminological Enterprise? • Criminal Statistics • •

Measuring the amount and trends of criminal activity Creating valid and reliable measurements of criminal activity

• Sociology of Law •

Subarea of criminology concerned with the role of social forces in shaping criminal law •

•

Example à the legality of art works

Criminologists help lawmakers alter the content of criminal law to respond to the changing times •

Example à sex offender registration

• Theory Construction •

Social theory: •

A set of interrelated statements or principles that explain some aspect of social life

•

Ideally based on social facts •

•

Hypothesis •

•

Can be quantified and measured

Testable expectations

Innovative methods

• Criminal behavior system

•

Research on specific criminal types and patterns • white-collar crime • Crime typologies

• Penology •

Correction and control of known criminal offenders

• Victimology •

Victim surveys, costs of crime, factors that increase likelihood of being victimized, victim services

How Criminologists View Crime •

The Consensus View of Crime • • • • •

Substantive criminal law: • Defines crime and punishment Consensus: • Implies that there is general agreement among citizens on what should be outlawed 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 {but not all are}

• The Conflict view of Crime • • • •

There is a limited number of resources that groups are in constant competition for control of 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

• The Interactionist View of Crime • • •

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

• symbolic interaction • criminals achieve a stigmatization because of their acts

• The Interactionist View of Crime • • • •

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 Critics claim that criminal law is the product of so called moral crusaders or moral entrepreneurs…

• 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

Crime and the Criminal Law • Criminal law • • •

Code of Hammurabi à eye for an eye Mosaic Code of the Israelites à basis for U.S. legal system Early German & Anglo-Saxon societies • •

Compurgation à use of 12-25 oathhelpers Trials by ordeal à divine intervention

• 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

• Contemporary Criminal Law • • •

Felony offenses à serious criminal actions Misdemeanor offenses à minor or petty criminal actions Criminal law seeks to: • Enforce social control

• • • • •

Discourage revenge Express public opinion and morality Deter criminal behavior (social control) Punish wrongdoing, and Maintain social order

• The Evolution of Criminal Law •

Evolving to reflect social and economic conditions • • •

Stalking Megan’s law {pedophile notification} Lawrence vs. Texas {sodomy laws}

Ethical Issues in Criminology • What to study (influence of research money) • • • •

Criminologists interests Government and institutional funding in recent years • Example à study of criminal careers • What happens to objectivity? Pressure to draw research funding “Gotta keep ‘em happy”

• Whom to study (unmasking the poor) • • •

Poor and minorities? White collar criminals? Ethics of publishing research that is biased or subjective

• How to study (experiments and harm) •

Ethics •

•

Protecting subjects from harm •

•

Example à True purpose of surveys

Example à “Scared Straight” program

Other examples of harm: