1. The Nature of Crime
Chapter 9

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

3. 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

4. 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

5. 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

6. 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

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

8. 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

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

10. 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)

11. 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

12. Morality & the Law
What do you think?

13. 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)

14. 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

15. 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.

16. Case Analysis – R. v. Butler
Q`s 1-6 in textbook
1 Mark
3 Marks
4 Marks
2 Marks
TOTAL: / 15 Marks