Theories, Methods and Criminal Behavior Chapter 1: Introduction

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Presentation transcript:

Theories, Methods and Criminal Behavior Chapter 1: Introduction Hagan, Introduction to Criminology, 9e. © 2016, SAGE Publications, Inc.

Chapter Outline Criminology Emergence of Criminology Crime and Deviance Social Change and the Emergence of Law Crime and Criminal Law The Crime Problem Hagan, Introduction in Criminology, 9e. © 2016, SAGE Publications, Inc.

Criminology Criminology: Scientific study of the definition, forms, causes, and societal reactions to criminal behavior Seeks causal explanations of crime Criminal justice: application of systems such as policing, courts, and corrections Criminalistics: the scientific study of physical evidence Hagan, Introduction to Criminology, 9e. © 2016, SAGE Publications, Inc.

The Emergence of Criminology The Progression of Knowledge (Comte): Theological/Supernatural (pre-18th century) Religious explanations Metaphysical Philosophy Scientific Rationality, emphasizing scientific method (measurement, observation, proof, replication, and verification) Field based on many sciences Hagan, Introduction to Criminology, 9e. © 2016, SAGE Publications, Inc.

The Emergence of Criminology Roots in Europe (late 1700s) Major contributions from United States Criminology: Sub-discipline of sociology Interdisciplinary Hagan, Introduction to Criminology, 9e. © 2016, SAGE Publications, Inc.

Crime and Deviance Deviant Behavior: Behavior outside society’s expectations The boundaries of deviant behavior vary by social context Sumner’s Norms (least to most serious): Folkways Mores Laws Hagan, Introduction to Criminology, 9e. © 2016, SAGE Publications, Inc.

Crime and Deviance Law is socially constructed As society becomes more complex, so does the need for formal law. Mala prohibita: “acts bad according to law” Morality crimes Traffic Violations Mala in se: “acts bad in themselves” Murder Rape Hagan, Introduction to Criminology, 9e. © 2016, SAGE Publications, Inc.

Social Change and the Emergence of Law Undercriminalization: criminal law fails to prohibit acts that many believe are mala in se Overcriminalization: criminal law penalizes acts that many believe are mala prohibita Hagan, Introduction to Criminology, 9e. © 2016, SAGE Publications, Inc.

Social Change and the Emergence of Law Characteristics of Gemeinschaft societies (informal social control): Simple Communal Lack of extensive division of labor Sacred traditions Similar cultures, isolated from others Folkways and mores largely sufficient to maintain control Limited need of formal controls Hagan, Introduction to Criminology, 9e. © 2016, SAGE Publications, Inc.

Social Change and the Emergence of Law Characteristics of Gesellschaft societies (formal social control): Complex Individualistic Extensive division of labor Largely secular Variety of moral views Increased need for formal controls Hagan, Introduction to Criminology, 9e. © 2016, SAGE Publications, Inc.

Social Change and the Emergence of Law Laws have both manifest (intended) and latent (unintended) functions. Laws are not the most effective means of social control. An increase in the use of law typically reflects a weakening of informal methods of social control. Hagan, Introduction to Criminology, 9e. © 2016, SAGE Publications, Inc.

Social Change and the Emergence of Law Émile Durkheim describes crime as: Normal Functional necessity in a healthy society Reinforces social solidarity “wrongdoing or crime serves to force societal members to react, condemn, and thus establish the borders of and reconfirm societal values. It is this organized resentment that upholds social solidarity.” Hagan, Introduction to Criminology, 9e. © 2016, SAGE Publications, Inc.

Social Change and the Emergence of Law Consensus model: Views the law as agreement among members of a society as to what constitutes wrongdoing Conflict model: Views the law as originating in the conflict of interests of different groups. Interactionist model: Views humans as responding to abstract meanings and symbols as well as to concrete meanings Hagan, Introduction to Criminology, 9e. © 2016, SAGE Publications, Inc.

Crime and Criminal Law Four Characteristics of Law 1.It is assumed by political authority (state). 2. It must be specific, defining both the offense and punishment. 3.The law is uniformly applied. 4.The law contains penal sanctions (punishment) enforced by the state. Hagan, Introduction to Criminology, 9e. © 2016, SAGE Publications, Inc.

Crime and Criminal Law Crime: “intentional act or omission in violation of criminal law, committed without defense or justification, and sanctioned by the state as a felony or misdemeanor.” Felonies: Generally offenses punishable by a year or more in a state or federal prison Misdemeanors: Less serious offenses punished by less than a year in jail Hagan, Introduction to Criminology, 9e. © 2016, SAGE Publications, Inc.

Crime and Criminal Law In U.S. criminal law, an act must meet the following to be considered a crime: The act is prohibited by law and includes legally prescribed punishment prior to the violation A criminal act must take place Social harm of a conscious, voluntary nature is required The act is performed intentionally The voluntary misconduct must have directly or indirectly caused the harm. Hagan, Introduction to Criminology, 9e. © 2016, SAGE Publications, Inc.

Crime and Criminal Law Evolution of Crime Crime was originally a private matter Evolved to include wrongdoing against the state Fines and compensation are paid to the state as the wronged party Hagan, Introduction to Criminology, 9e. © 2016, SAGE Publications, Inc.

The Crime Problem Should criminologists restrict their inquiry solely to acts in violation of criminal law? Sociological views of crime Expand beyond a legal perspective “Crime in the streets” versus “crime in the suites” It would be difficult to study crime across time and geography, due to changes in social context. Hagan, Introduction to Criminology, 9e. © 2016, SAGE Publications, Inc.

The Crime Problem The cost of crime is difficult to assess. Economic Psychological Social Hagan, Introduction to Criminology, 9e. © 2016, SAGE Publications, Inc.

The Crime Problem Crime and the Media Media coverage of famous trials Bruno Hauptmann O.J. Simpson Federal court rooms ban cameras Hagan, Introduction to Criminology, 9e. © 2016, SAGE Publications, Inc.

Chapter Outline Criminology Emergence of Criminology Crime and Deviance Social Change and the Emergence of Law Crime and Criminal Law The Crime Problem Hagan, Introduction in Criminology, 9e. © 2016, SAGE Publications, Inc.