Larry J. Siegel
www.cengage.com/cj/siegel
Chapter One
Crime and Criminology
Dennis Souther • Stanly Community College, Albemarle, NC
Intro to Criminology
•In groups of 2-3, discuss the following questions
AND submit your answers upon completion:
1. How do you define crime?
2. How is criminal behavior different from deviant behavior?
3. What are some of the causes of crime?
4. How does American society deal with crime (e.g., defining
it, addressing it, preventing it)?
5. How do you think other countries deal differently with
crime and criminals?
6. What factors influence how different societies address
criminal issues?
7. What are some ethical issues related to criminal justice?
Crime and Criminology
• The Field of Criminology
–An academic discipline that uses the scientific method to
study the nature, extent, cause, and control of criminal
behavior.
–Interdisciplinary science involving two or more academic
fields (e.g., sociology, psychology, political science, biology,
forensic science, chemistry, etc...).
• Criminal Justice
–System made up of the agencies of social control
‣ police departments
‣ the courts
‣ correctional institutions (that handle criminal offenders)
Crime and Criminology
• What Criminologists Do: The
Criminological Enterprise
–Criminal Statistics/Crime Measurement
‣ Analysis
‣ Measurement
‣ Identification
‣ Testing
Crime and Criminology
• What Criminologists Do: The
Criminological Enterprise
–Sociology of Law/Law and Society/Socio-Legal Studies
‣ Investigate history of legal thought
‣ Assess effects of proposed legal change
Crime and Criminology
•Critical Thinking
– Considering the findings of Zgoba and Bachar (see
handout), would you advocate abandoning sex offender
registration laws because they are ineffective? Or might
there be other reasons to keep them active?
– What other laws do you think should be the topic of
careful scientific inquiry to see whether they actually
work as advertised?
Crime and Criminology
• What Criminologists Do: The
Criminological Enterprise
–Developing Theories of Crime Causation
‣ Psychological
- personality, development, social learning, cognition
‣ Biological
- biochemical, genetic, neurological
‣ Sociological
- neighborhood, poverty, socialization, group interaction
Crime and Criminology
• What Criminologists Do: The
Criminological Enterprise
– Penology: Punishment, Sanctions, and Corrections
• Penology: the correction and sentencing of known
criminal offenders.
–Rehabilitation
–Social control
Crime and Criminology
• What Criminologists Do: The
Criminological Enterprise
– Victimology
• Victim surveys
• Victimization risk
• Victim culpability
• Services for crime victims
The Criminological Enterprise: Summary
Crime and Criminology
• A Brief History of Criminology and
Criminological Thought
•
•
•
•
•
•
Classical
Positivist
Sociological
Conflict
Developmental
Contemporary
Crime and Criminology
• A Brief History of Criminology
– Classical Criminology
• Utilitarianism
• Free will to choose legal or illegal behavior
• Crime is attractive
• Crime may be controlled through the fear of
punishment
• Punishment works best when perceived to be:
–Severe
–Certain
–Swift
Crime and Criminology
• A Brief History of Criminology
– Positivist Criminology
• Scientific method
• Logic
• Empirical verification
• Value-free
Crime and Criminology
• Sociological Criminology
– Quetelet and Durkheim
– Relationship between social factors and crime
– Crime is a social phenomenon that can be reduced by
improving social and economic conditions
– The Chicago School
Crime and Criminology
• Conflict Theory
– Karl Marx
• Burgeoisie
• Proletariat
– Critical Criminology
Crime and Criminology
• Developmental Criminology
– Gluecks’
• Complex View
–Integration of sociological, psychological, and
economic elements
• Delinquency
Crime and Criminology
• Contemporary Criminology
– Rational Choice Theory (classical)
– Trait Theory (interaction of biology and environment)
– Social Structure Theory (from the Chicago School)
– Social Process Theory (socialization)
– Critical Theory
– Developmental Theory
How Criminologists Define Crime
• Deviant or Criminal?
– Deviance includes a broad spectrum of behaviors,
ranging from the most socially harmful, such as rape and
murder, to the relatively inoffensive, such as joining a
religious cult or cross-dressing.
– A deviant act becomes a crime when it is deemed
socially harmful or dangerous; it is then specifically
defined, prohibited, and punished under the criminal law.
• Crime or Deviant Behavior or Neither?
– graffiti, armed robbery, cheating on tests, embezzlement,
telling secrets, gay marriage, abortion, witchcraft
– other examples?
Crime and Criminology
• The Concept of Crime
– Consensus View of Crime
• majority of people in society agree on what is a crime
• e.g., _______________
– Conflict View of Crime
• diverse groups do not agree and laws represent interests of
rich and powerful
• e.g., _______________
– Interactionist View of Crime
• diverse groups do not agree and laws represent interests of
those who hold social power (“moral crusaders”
• e.g., _______________
Crime and Criminology
• A Definition of 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.
• Individuals who violate these rules are subject to
sanctions by state authority, social stigma, and
loss of status.
Crime and Criminology
• Crime and the Criminal Law
– Criminal Law
• The written code that defines crimes and their punishments
• Reflects the values, beliefs, and opinions of society’s mainstream
– Code of Hammurabi (1792-1750 BC)
• emphasis on “an eye for an eye”
– Mosaic Code of the Israelites (1200 BC)
• 613 laws of the Old Testament including the 10 Commandments
• basis for American legal system
Crime and Criminology
• Crime and the Criminal Law
– English Common Law
• judges began publishing decisions in 1154
• these decisions were basis for future decision-making
• Precedent: a rule derived from previous judicial decisions;
basis for common law (commonly applied)
• Mala in se (“evil in itself”)
– crimes initially defined by judge-made common law
– e.g., murder, rape, burglary, arson
• Mala prohibitum (“wrong because prohibited”)
– Statutory crimes, those enacted by legislative bodies to reflect existing
social conditions
Contemporary Criminal Law
SOCIAL GOALS
• Enforcing social control
• Discouraging revenge
• Expressing public
opinion and morality
• Deterring criminal
behavior
• Punishing wrongdoing
• Creating equity
• Maintaining social order
Contemporary Criminal Law
• Felony
– serious offenses
– e.g., murder, rape, burglary
– punishable by long prison
sentences, even death
• Misdemeanor
– minor or petty crimes
– e.g., unarmed assault & battery,
petty theft, disturbing the peace
– punishable by fines and/or
county jail time
The Evolution of Criminal Law
– Criminal law in any given society reflect exisiting social
and economic condition
• murder of actress Rebecca Shaeffer in 1989 led to 25 states enacting
stalking laws
• widespread passage of sexual predator laws in the U.S. after the murder of
7-year-old Megan Kanka in 1994
• Supreme Court ruling in Lawrence v. Texas (2003) rule that anti-sodomy
laws were unconstitutional leading to the a series of gay rights’ initiatives
across the country
– Future Direction of Criminal Law
• political corruption
• corporate crimes
• recreational drug use
• changes in technology
• increasing globalization
Ethical Issues in Criminology
1. What to Study
• often depends on who is providing support for your study
• government may provide money only for topics they are interested in
• funding source raises questions of OBJECTIVITY of research
• e.g., studying effectiveness of defensive use of handguns funded by gun
manufacturer
2. Whom to Study
•
often researchers focus attention on the poor and racial/ethnic minorities rather than
middle-class white-collar crime, organized crime, or government crime
•
e.g., can lead to controversial “findings” such as those found in THE BELL CURVE
(criminals have lower IQs than average citizens; since average IQ score is lower
among some minority groups, their crime rates are higher)
3. How to Study
•
•
confidentiality issues
negative impact of findings for those participants in the study
Ethical Issues in Criminology
•SCARED STRAIGHT! Twenty Years Later
•Debriefing Questions (20 pts.)
1.Did you expect so many of the teens to be changed by their
experience at Rahway? Why or why not?
2.Were you surprised by what happened to any of the convicts or
teenagers? If so, explain why?
3.Which teen or convict was the most memorable for you? What did
you learn by watching the person’s experiences?
4.Do you believe it’s ethical to use tactics like the Lifers used with
juvenile offenders in an attempt to deter them from future criminal
activity? Why or why not?
For Discussion and Review
1. Beccaria argued that the threat of punishment controls crime. Discuss other forms of social
control that exist. Aside from the threat of legal punishment, what else controls an
individual’s behavior?
2. What research method would you employ if you wanted to study drug and alcohol abuse at
South Warren High School. Explain how you would conduct this research and the obstacles
you would expect to encounter.
3. In order to better understand the workings and motivations of a criminal gang, would it be
ethical for a criminologist to hang out with gang members and watch as they commit crime?
Should the criminologist report observed criminal gang behavior to the police? EXPLAIN
YOUR ANSWERS.
4. Discuss with each other whether you or someone you know have ever been a crime victim.
What problems did you experience as a result of your victimization? Did your own behavior
contribute to the crime in some way? If so, were you blamed for your victimization? Consider
the difference between victim precipitation and victim blaming in your discussion.
5. Discuss with your group which acts, now legal, you would make criminal and which
currently criminal acts you would legalize. Discuss any commonalities among the group’s
responses and identify some of the socialization processes and values they represent.