Chapter 1

Crime, Criminology, and the Criminal Law

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
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
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)
What is Criminology?

Weblink:
http://www.whitehousedrugpolicy.gov/
A Brief History of Criminology

Classical Criminology 18th century

Utilitarianism emphasized behavior is considered purposeful and
useful by the actor
Cesare Beccaria (1738-1794) 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
A Brief History of Criminology

Nineteenth-Century Positivism
Application of scientific methods to study crime
Auguste Comte (1798-1857)
Two main elements: 1) human behavior is a function of forces
beyond a persons control and 2) embracing the scientific method
to solve problems
Charles Darwin (1809-1882) popularized the positivist tradition
Influences of physiognomy and phrenology
Biological determinism - Cesare Lombroso (1835-1909) atavistic
anomalies
Social positivism developed to study the major social changes
(sociology)
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
A Brief History of Criminology

The Chicago School and Beyond

Robert Ezra Park (1864-1944), Ernest W. Burgess (1886-1966),
Louis Wirth (1897-1952)
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
A Brief History of Criminology

Conflict Criminology
Karl Marx (1818-1883)
Relationship between bourgeoisie (capitalists) and proletariat
(labor) developing class conflicts
Development of conflict theory (the linkage between crime and
capitalism)
Impact on civil rights/womens movements
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
What Criminologists Do: The Criminological Enterprise

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

Criminal Behavior Systems

Involves crime types and patterns (I.E. violent, public order, and
organized crime)
Edwin Sutherlands white-collar crime
Crime typologies involve different types of crime and criminals
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.
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
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
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
How Criminologists View Crime

The Interactionist View of Crime

This position holds 1) People act according to their own
interpretations of reality, 2) People observe they way others react
either positively or negatively, and 3) 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
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)
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)
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
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
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
Crime and the Criminal Law

Criminal Defenses
Excuse defenses insanity, intoxication, and ignorance
Justification defenses necessity, duress, self-defense, and
entrapment
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 (Megans Law)
Changing technology requires modifications in criminal law
Ethical Issues in Criminology

What to study (influence of research money)

Whom to study (unmasking the poor)
How to study (experiments and harm)