1. © 2003 Wadsworth Publishing Co. Chapter 1 Crime and Criminology and The Criminal Law Criminology, 9 th edition Larry J. Siegel

2. Questions What is Criminology? What is Criminal Justice?

3. 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

4. Question Can behavior be deviant but not criminal? If so, give an example.

5. Deviancy or Criminality? Deviant Behavior is an action that departs from the social norms of society. Deviant Behavior becomes criminal behavior when it is specifically defined prohibited and punished under the criminal law.

6. 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 Utilitarian philosophy of Beccaria: Positivism Biological determinism of Lombroso Sociological theory of Durkheim and Quetelet Conflict Criminology of Marx The Chicago School

7. Major Criminology Perspectives CLASSICAL/ CHOICE CLASSICAL/ CHOICE Situation forces Crime is a function of free will and personal choice. Punishment is a deterrent to crime. Situation forces Crime is a function of free will and personal choice. Punishment is a deterrent to crime. BIOLOGICAL/ PSYCHOGICAL BIOLOGICAL/ PSYCHOGICAL Internal forces Crime is a function of chemical, neurological, genetic, personality, intelligence, or mental traits. 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. 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. 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. 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. Multiple force Biological, social-psychological, economic and political forces may combine to produce crime.

8. Crime Statistics Sociology of Law Theory Construction Penology Criminal Behavior Systems Victimology Criminology (subareas) The Criminological Enterprise What Criminologists Do

9. 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. Consensus View The law defines crime. Agreement exists on outlawed behavior. Laws apply to all citizens equally.

10. 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. 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.

11. Differing Views on the Causes and Controls of Criminal Behavior Interactionist view Moral entrepreneurs define crime.Moral entrepreneurs define crime. Acts become crimes because societyActs become crimes because society defines them that way. Criminal labels are life-transforming events.Criminal labels are life-transforming events. Interactionist view Moral entrepreneurs define crime.Moral entrepreneurs define crime. Acts become crimes because societyActs become crimes because society defines them that way. Criminal labels are life-transforming events.Criminal labels are life-transforming events.

12. Discussion Name some examples of types of crimes that represent the consensus, conflict, and interactionist perspectives.

13. Crime and Multiple Perspectives

14. 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.

15. Questions What is the legal code? What does the criminal law define?

16. 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. 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.

17. 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. 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. Origins of Law

18. Question How does “common law” compare to “statutory law”?

19. Common Law v. Statutory Law Common Law is judge-made law. The law is found in previously decided cases. Common Law is judge-made law. The law is found in previously decided cases. Statutory Laws are derived from legislative acts that decide the definition of the behavior that is codified into law. Statutory Laws are derived from legislative acts that decide the definition of the behavior that is codified into law.

20. Historical Traditions Moral Beliefs Economic Factors Political Conditions Social Values Historical and contemporary factors that affect the development of the Criminal Code

21. Criminal and Tort Law Both seek to control behavior. Both seek to control behavior. Both impose sanctions (punishments) Both impose sanctions (punishments) Similar areas of legal action exist: e.g., Similar areas of legal action exist: e.g., personal assaults personal assaults white-collar offenses, i.e., environmental pollution white-collar offenses, i.e., environmental pollution

22. A public offense Enforcement is state business Punishment is often loss of liberties or sometimes death Fines go to the state State doesn’t ordinarily appeal Proof beyond a reasonable doubt Criminal and Tort Law Individuals bring action A civil or private wrong Sanction is normally monetary damages Both parties can appeal Individuals receives the compensation for harm done “Preponderance of the evidence” is the proof required for a decision.

23. Classification of Crime More serious offenses, i.e., murder, rape, and burglary. Punishable by death or imprisonment for more than a year in a state prison. FELONY 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. MISDEMEANOR

24. Classification of Crime Mala in Se Some 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 in Se Some 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 Prohibitum These 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. Mala Prohibitum These 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.

25. Questions What are the specific aims and purposes of the criminal law? To what extent is the criminal law effective at controlling social harm?

26. Social Control BanishesPersonalRetribution Expresses Public Opinion andMorality DeterrenceandPunishment Maintains the Social Order Social Goals of the Criminal Law

27. The Elements of Criminal Law The Criminological Enterprise Legality ActusReus Causation Harm Concurrence MensRea Punishment

28. 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.

29. Deny the Actus Rea Deny the Actus Rea To claim that the act was done but there was no criminal intent To claim that the act was done but there was no criminal intent To claim that the act was justifiably act was justifiablycommitted. To claim that the act was justifiably act was justifiablycommitted. Criminal Defenses

30. Specific Criminal Defenses Ignorance or mistake Insanity Intoxication Duress Necessity Self-defense Entrapment

31. 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…

32. 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. 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.

33. 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

34. Ethical Issues in Criminology Major issues to consider: What is to be studied? Who is to be studied? How are studies conducted?