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CCJ 3014 Introductory Exercise What is correlation? What is causation? –3 criteria of? What is culture? –What elements make up culture? What is the relationship between theory and practice? What is the cause of crime? What is the cure?
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Crime and Criminology What is Crime and Deviance What is Criminology Criminology vs. Criminal Justice Consensus vs. Conflict Perspective 1
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What is Crime? Crime Behaviors deemed by the State to be illegal. May or may not be deviant
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What is Deviance? Deviance Behavior that departs from social norms that may or may not be illegal
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What is Criminology? Definition Criminology is a scientific approach to the study of criminal/deviant behavior –Scientific Method Objective vs. Subjective Deductive and Inductive Logic –Interdiscplinary 4
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What makes us Tick? Monsters or Victims? "It was an urge..... A strong urge, and the longer I let it go the stronger it got, to where I was taking risks to go out and kill people--risks that normally, according to my little rules of operation, I wouldn't take because they could lead to arrest.“ -- Edmund Kemper – Where does this urge come from, and why is so powerful? If we all experienced this urge, would we be able to resist? – Is it genetic, hormonal, biological, or cultural conditioning? – Do criminals have any control over their desires? – We all experience rage and inappropriate sexual instincts, yet we have some sort of internal cage that keeps our inner monsters locked up. Call it morality or social programming?
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Classical vs. Positivist Criminology Classical Criminology (18th Cent) Rationality & Utilitarianism Pleasure Pain Principle Free Will Positivist Criminology (19th Cent) Scientific Method – Darwin’s “Cult of Science Behavior product of external forces (August Comte) 1) Biological Positivism 2) Sociological Positivism 3) Conflict Criminology Gun Control or Bullet Control – Free Will or Outside Forces 5
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Criminology vs. Criminal Justice Criminology refers to the study of the nature of crime or why crime occurs (criminal stats, sociology of law, theory construction, penology, victimology) Criminal Justice refers to the study of the agencies of social control (criminal justice systems, policing, courts, corrections) 6
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Consensus vs. Conflict Views of Crime Consensus View Conflict View Interactionist View 7
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Criminal Law and Social Control Types of Social Control Societal Typologies and Social Control Origins of Law Origins of Common Law Classification of Law Functions of Criminal Law 1
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Types of Social Control Informal Social Control regulation of behavior through norms, mores, cultural beliefs Formal Social Control regulation of behavior through laws and rules Gun Control
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Societal Typologies (Durkheim) Mechanistic Solidarity Small homogeneous societies Bound by tradition Behavior regulated by informal social controls Consensus perspective Organic Solidarity Large heterogeneous societies Bound by need to prosper Behavior regulated by formal social controls Conflict perspective 5
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Origins of Law Criminal behavior recoginized in many early societies (400 B. C. +) Formal Laws in Place - Code of Hammurabi - Mosaic Code - Twelve Tables Formalized codes lost in “Dark Ages” - Administration of Law and justice done abritrarily
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Origins of Common Law Subsequent to Norman Conquest (1066 A.D.) law & social control very informal - kith/kin – tythings - hundreds - shires Societal Development resulted in centralization and formalization of laws Common Law vs. Statutory Law Societal Typologies 4
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Evolution of Criminal Law Publicized Cases that Generate Fear and Preempt Change –Celebrity Stalking Cases (1989) Bardo’s shooting of Rebecca Shaeffer 25 states enacted stalking statutes Megan’s Law 1996 Shifts in culture and social conventions –Lawrence vs. Texas (2003) Sodomy laws unconstitutional (sexual orientation) –Corporate Violations making headlines ENRON SCANDAL Arthur Andersen Takes Heat –Recreational Drug Use –Technology Changes and Global Roles for Men and Women
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Classification of Law Criminal Law and Civil Law Felonies vs. Misdemeanors Mala in Se vs. Mala Prohibitum 6
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Functions of Criminal Law Provide Social Control Discourage Revenge Express Public Opinion and Morality Deter Criminal Behavior Maintain Social Order 7
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