The Nature of Crime Chapter 9

Theories of Criminal Behaviour Pre-18th Century Religious basis: devil or supernatural force caused the behaviour

Theories of Criminal Behaviour Classical Theory (18th Century “Enlightenment”) Humans are morally independent beings Arrive at decisions through rational thought Crime is a rational, calculated activity, not related to social, environmental and genetic factors Ignored poverty, mental disorders and intelligence as factors

Theories of Criminal Behaviour Positivist School (includes various theories) Viewed from science perspective (vs philosophical) use statistics to correlate factors with crime: Brain, hormonal activity, heredity Biological basis for the theories Treatment not punishment

Theories of Criminal Behaviour Psychological theories: Psychoanalytic theory Criminal conduct is the result of repressed memories and feelings of guilt, causing the person to feel a compelling need to be punished

Theories of Criminal Behaviour Psychological theories: Moral development theory Individuals develop universally through stages in which they learn about right and wrong and how to reason morally Criticisms of these theories: All ignore gender and ethnic differences

Theories of Criminal Behaviour Sociological theories: Consensus theory universal understanding of right and wrong Conflict theory Morality is defined differently by social groups

Theories of Criminal Behaviour Sociological theories: Interactionist theory Criminals acquire criminal identity through association with criminals Social Control theory Individuals with weak connections to social institutions (school, family, religion) are more likely to be involved in crime Personality theories Personal characteristics, i.e. psychopaths or sociopaths who have a complete lack of remorse Antisocial personality disorder

Factors correlated with criminal activity Age – 15-18 Gender – Male Poverty –financial stress, marital disharmony These are FACTORS not CAUSES

Other social factors are correlated when combined… Parent criminality uncaring parenting Family violence Weak parent-child relations Parental discipline based on physical force Associating with delinquent friends (gangs)

Other social factors are correlated when combined con’t Trouble in school Poor educational performance Unstable work record Living in public housing Unstable relationship with spouse/partner Alcohol and drug use Viewing violent TV Poor diet – causes hyperactivity

Morality & the Law What do you think?

Purpose of Criminal Law Rules protect us and allow us to deprive liberty from lawbreakers for the following reasons: To prevent injury to others (private harm) To prevent damage to public institutions & practices (public harm) To prevent offence to others (offence principle) To prevent harm to oneself (legal paternalism) To prevent and punish sin, or the enforcement of morality (legal moralism)

Should the state regulate if there is no harm to an individual or the state? P. 253, Q.4. Soliciting for the purpose of illicit sexual intercourse Selling pornographic books and videos Pirating computer software Euthanasia Abortion Possessing marijuana Dangerous driving Causing a disturbance by swearing in a public place

Criminal Law & Morality No obvious social harm, may qualify as a nuisance, or giving offence (i.e. disgust) If private immoral acts continue, will they cause public harm by weakening the entire social fabric? Does punishing immoral conduct satisfy public opinion? Q. 5, p. 253.