Chapter 1Crime and CriminologyandThe Criminal Law Criminology, 9th edition Larry J. Siegel © 2003 Wadsworth Publishing Co.
Questions What is Criminology? What is Criminal Justice?
What is Criminology? • Criminology is the scientific approach to the study of criminal behavior. This includes the objective social science inquiry into: - The nature and extent of crime - The process of making criminal laws - The causation of law violations - Society’s reaction to law violations and violators - Methods to control criminal behavior
Question Can behavior be deviant but not criminal? If so, give an example.
Deviancy or Criminality? Deviant Behavior is an action that departs from thesocial norms of society. Deviant Behavior becomes criminal behavior when it is specifically defined prohibited and punished under the criminal law.
Historical Roots of Criminology • Utilitarian philosophy of Beccaria: • Positivism • Biological determinism of Lombroso • Sociological theory of Durkheim and Quetelet • Conflict Criminology of Marx • The Chicago School
Major Criminology Perspectives CLASSICAL/ CHOICE Situation forces Crime is a function of free will and personal choice. Punishment is a deterrent to crime. BIOLOGICAL/ PSYCHOGICAL Internal forces Crime is a function of chemical, neurological, genetic, personality, intelligence, or mental traits. STRUCTURAL Ecological forces Crime rates are a function of neighborhood conditions, cultural forces, and norm conflict. PROCESS Socialization forces Crime is a function of upbringing, learning, and control. Peers, parents, and teachers influence behavior. CONFLICT Economic and Political forces Crime is a function of competition for limited resources and power. Class conflict produces crime. INTEGRATED Multiple force Biological, social-psychological, economic and political forces may combine to produce crime.
Crime Statistics Sociology of Law Criminal Behavior Systems Theory Construction Penology Victimology Criminology (subareas) The Criminological EnterpriseWhat Criminologists Do
Differing Views on the Causes and Controls of Criminal Behavior • Consensus View • The law defines crime. • Agreement exists on outlawed behavior. • Laws apply to all citizens equally.
Differing Views on the Causes and Controls of Criminal Behavior • Conflict view • The law is a tool of the ruling class. • Crime is a politically defined concept. • “Real crimes” are not outlawed. • The Law is used to control the underclass.
Differing Views on the Causes and Controls of Criminal Behavior • Interactionist view • Moral entrepreneurs define crime. • Acts become crimes because society • defines them that way. • Criminal labels are life-transforming events.
Discussion Name some examples of types of crimes that represent the consensus, conflict, and interactionist perspectives.
An Integrated 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.
Questions What is the legal code? What does the criminal law define?
Origins of Law • Mores and folkways have always influenced the law. • Code of Hammurabi was one of the earliest written codes based on lex talionis. • The Mosaic Code was the foundation for not only the Judeo-Christian moral teachings but also the basis for the U.S. legal system. • During the Dark Ages formal code were lost and legal systems featuring monetary compensation developed, i.e., compurgation and trial by ordeal.
Origins of Law • Before the Norman Conquest, the legal system in England was decentralized and power given to tithings, hundreds and shires. • Wergild (compensation) was divided between the King and victim. • Precedent based on stare decisis became the dominant standard. • Common law (a law applied to all subjects of the land and based on precedent) came into existence during the reign of Henry II.
Question How does “common law” compare to “statutory law”?
Common Law v. Statutory Law Common Lawis judge-made law. The law is found in previously decided cases. Statutory Lawsare derived from legislative acts that decide the definition of the behavior that is codified into law.
Political Conditions Social Values Economic Factors Historical Traditions Moral Beliefs Historical and contemporary factors that affect the development of the Criminal Code
Criminal and Tort Law • Both seek to control behavior. • Both impose sanctions (punishments) • Similar areas of legal action exist: e.g., • personal assaults • white-collar offenses, i.e., environmentalpollution
A public offense Enforcement is statebusiness Punishment is oftenloss of liberties or sometimes death Fines go to the state State doesn’t ordinarily appeal Proof beyond a reasonable doubt Individuals bring action A civil or private wrong Sanction is normally monetary damages Both parties can appeal Individuals receives thecompensation for harmdone “Preponderance of the evidence” is the proof required for a decision. Criminal and Tort Law
FELONY MISDEMEANOR More serious offenses, i.e., murder, rape, and burglary. Punishable by death or imprisonment for more than a year in a state prison. Less serious or petty offenses, i.e., petty larceny and unarmed assault. Punishable by incarceration for less than a year in a local jail or house of correction. Classification of Crime
Classification of Crime Mala in SeSome illegal acts are rooted in the core values inherent in Western civilization. These are some times referred to as" natural law,” or crimes that are inherently evil or depraved, i.e., murder, burglary, arson, and rape. Mala ProhibitumThese kinds of crime involve legislatively enacted laws that reflect current public opinion and social conditions. Crimes defined by the legislature are referred to as “statutory crimes,” i.e., gambling, prostitution, and tax laws.
Questions What are the specific aims and purposes of the criminal law? To what extent is the criminal law effective at controlling social harm?
Banishes Personal Retribution Social Control Expresses Public Opinion and Morality Maintains the Social Order Deterrence and Punishment Social Goals of the Criminal Law
Actus Reus Legality Causation Mens Rea Harm Concurrence Punishment The Elements of Criminal LawThe Criminological Enterprise
MENS REA (criminal intent) ACTUS REA (criminal act) Specific ELEMENTS A criminal law must indicate a type of criminal intent and the specific elements of a behavior that are illegal.
Deny the Actus Rea To claim that the act was done but there was no criminal intent To claim that the act was justifiably committed. Criminal Defenses
Ignorance or mistake Insanity Intoxication Duress Necessity Self-defense Entrapment Specific Criminal Defenses
Question Would society be better off if criminal intent (mens rea) Or, the concept of the ‘guilty mind,’ was not considered when determining guilt? In other words, if you do the crime, you do the time…
Recent Changes in Criminal Law • Federalization of many offenses • Creation of new offenses such as • Stalking • Sexual Predator • Hate crimes • Decriminalization of some offenses, i.e., sodomy laws. • New regulatory procedures such as “Community Notifications” of sexual predators.
Recent Changes in Criminal Defenses • Many new defenses are commonplace and argue that pre-existing conditions or syndromes that afflicted the accused should mitigate or relieve criminal culpability, e.g. • Vietnam Syndrome • Child Sexual Abuse Syndrome • Holocaust Survivor Syndrome
Ethical Issues in Criminology Major issues to consider: What is to be studied? Who is to be studied? How are studies conducted?