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Class Name, Instructor Name

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1 Class Name, Instructor Name
Criminology 2011 Chapter 1 CRIMINOLOGY AND THE SOCIOLOGICAL PERSPECTIVE Class Name, Instructor Name Date, Semester

2 CHAPTER OBJECTIVES Be familiar with the sociological perspective and understand the mutual relevance of sociology and criminology. 1.1 1.2 Be able to trace the rise of sociological criminology. Understand the relationship between crime, deviance, and criminal law. 1.3 Understand how consensus and conflict perspectives contribute to different definitions of crime and our understanding of criminal law. 1.4 Be able to provide an overview of criminal law, including the goals of criminal law, legal distinctions in types of crimes, the meaning of criminal intent, and legal defenses to criminal liability. 1.5 Be familiar with the various types of research methods in criminology 1.6

3 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 1.1 Be familiar with the sociological perspective and understand the mutual relevance of sociology and criminology.

4 Crime is a Social Phenomenon
1.1 Crime is a Social Phenomenon Victims Criminals Lecture Notes Although many disciplines contribute to criminology, criminologists primarily operate from a sociological perspective This means that many theories of criminal behavior are based in sociology. Sociology emphasizes the impact society plays on people’s behavior, attitudes, and life chances. Crime is a social phenomenon. That is, all criminal events occur in a social context because it brings victims and criminals together. Class Activity: 1) Ask students if they think an environment has to do with crime. Teaching tip: Be sure to define sociology for students. Discuss any potential problems with the primacy of the sociological perspective (e.g., ignores individual differences, difficult to create effective social policies to control crime, sociology’s reluctance to accept findings about criminal behavior from other disciplines)

5 Be able to trace the rise of sociological criminology.
Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 1.2 Be able to trace the rise of sociological criminology.

6 1.1 The Rise of Sociological Criminology Adolphe Quetelet
Emile Durkeim W.E.B. DuBois Edwin Sutherland Robert K. Merton Lecture Notes Quetelet: Belgian astronomer and mathematician who gathered and analyzed crime data in France. Crime rates there, he found, remained fairly stable over time and, further, were higher for young adults than for older ones and higher among men and the poor than among women and the nonpoor Durkeim: stressed primary of social structure over the individual and thus established the sociological paradigm. Deviance will always exist because society norms are never strong enough to prevent all rule breaking. Thought deviance was a normal part of every healthy society and stressed its functions for social stability. DuBois: in order to dispute the argument that there was a biological basis for African-American crime, he wrote the book The Philadelphia Negro in which he attributed the relatively high crime rates of African-Americans to negative social conditions rather than biological problems. In U.S., sociology began developing at University of Chicago (early 20th century) Edwin Sutherland Differential association theory criminogenic conditions of urban neighborhoods White collar crime Robert K. Merton Anomie Teaching Tip 1) Make students aware that they will be learning about these criminologists in more depth in the following chapters. 6

7 Understand the relationship between crime, deviance, and criminal law.
Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 1.3 Understand the relationship between crime, deviance, and criminal law.

8 1.3 Crime Deviance Delinquency 8 Lecture Notes:
Crime: Any human conduct in violation of the criminal laws of the federal government or a local jurisdiction with the power to make such laws. Deviant behavior: Any human activity that violates social norms. Delinquency: antisocial behavior engaged in by adolescents. Consists of: 1) behavior that would be “criminal” if done by an adult, and 2) status offenses—acts that are violations only because those who engage in them are not adult (e.g., running away, underage drinking, truancy) Assignment for students You may want to assign the text definitions before class to discuss with students. Ask the class > give definition > discuss Class Activity: Ask the class for their own definition of the terms. Survey the class and hold a class vote if you have s student response system. Teaching Tip: Research other textbook definitions and social perspectives of each term and discuss with the class 8 8

9 1.3 Criminal Deviant 9 Lecture Notes: Class Activity:
Deviant behavior is defined as “human activity that violates social norms” Discuss the relationship between crime and deviance Deviance and crime overlap but are not identical Not all deviant behavior is criminal Not all criminal behavior is deviant Class Activity: Ask the class: “Is all crime deviant?” Then discuss examples of criminal but common (and often socially acceptable) behavior (e.g., speeding) Ask the class: “Is all deviance criminal?” Then discuss examples of deviant but noncriminal behavior (e.g., unusual dress styles) 9

10 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 1.4 Understand how consensus and conflict perspectives contribute to different definitions of crime and our understanding of criminal law.

11 Consensus Perspective
1.4 What is Criminal? Consensus Perspective Conflict Perspective Lecture Notes Consensus perspective assumes a consensus among people from all walks of life on what social norms, or laws, represent the interests of all segments of the public. People obey laws not because they fear being punished but because they have internalized the norms and regard them as appropriate to obey. Punishment is necessary to ensure continuing social stability. Conflict perspective assumes that members of the public disagree on many of society’s norms, with their disagreement reflecting their disparate positions based on the inequality of wealth and power. Laws represent the views of the powerful, not the powerless, and help them stay at the top of society’s hierarchy and keep the powerless at the bottom. Behavior labeled criminal by laws is conduct by the poor that threatens the interests of the powerful. Class activity 1) Ask the class whether they believe what is determined criminal in the United States is done using the consensus or conflict perspective. Or, are some laws determined with the consensus perspective and some laws are determined with the conflict perspective?

12 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 1.5 Be able to provide an overview of criminal law, including the goals of criminal law, legal distinctions in types of crimes, the meaning of criminal intent, and legal defenses to criminal liability.

13 1.5 Criminal Law Goals Prevent and Control Crime Articulate
Society’s Moral Values Protect Rights and Freedoms Lecture Notes: Criminal law ideally tries to achieve several goals. Help keep the public safe from crime and criminals OR to prevent and control crime and criminal behavior Articulate our society’s moral values and concerns Protect the rights and freedoms of the nation’s citizenry by protecting it from potential governmental abuses of power—rule of law. 13

14 1.5 Mala in Se Mala Prohibita 14 Lecture Notes:
Mala in se acts are said to be fundamentally or inherently wrong regardless of time or place (e.g., rape, murder) Mala prohibita acts are said to be wrong only because they are prohibited and their status varies among jurisdictions (e.g., prostitution, gambling, drug use) Class Activity: Ask students to name some mala in se and mala prohibita crimes. Teaching Tip: Present the class with examples of mala in se and mala prohibita crimes so they can understand the difference. Mala in Se Mala Prohibita 14

15 1.5 Lecture Notes Felony is a criminal offense punishable by death or incarceration in a prison facility for at least one year. Homicide; Forcible rape; Aggravated assault; Robbery. Burglary; Motor vehicle theft; Arson; Larceny. Convicted felons typically lose certain privileges upon release from prison: Right to vote or hold public office. Ability to enter certain professions. Right to carry or possess a firearm. Right to serve on a federal grand or petit jury. Right to federal jury service. Right to enlistment in any of the armed forces. Teaching Tip A good point of discussion is to poll the students as to which rights should be lost due to the commission of a crime – do they agree with the above? Felony 15 15

16 1.5 Misdemeanor 16 Lecture Notes
Misdemeanor is an offense punishable by incarceration, usually in a local confinement facility, typically for one year or less. A misdemeanor, must take place in front of the officer or a civilian witness who signs a complaint for the arrest to occur. Considered a minor offense in comparison to a felony. Summary offenses or violations. In some jurisdictions, minor crimes sometimes described as ticketable or punishable by a fine. Jaywalking, spitting on sidewalk, littering. Certain traffic violations. Teaching Tip: Discuss the actions of students on campus that could be considered an offense – ex: jaywalking Misdemeanor 16 16

17 1.5 Actus Reus Omission Commission 17 Lecture Notes:
Actus reus (actual act) refers to the actual criminal act of which the defendant is accused. Actus reus is an act in violation of the law, called a “guilty act”, and includes both an action taken, or a failure to act. Crimes of commission involve an act the law prohibits. Such as murder, rape, and shoplifting. Crimes of omission involve failure to act when the law requires an individual to take action. Such as child neglect or failure to file taxes. One can “think” about committing a crime, but without engaging in the illegal act, thinking alone is not enough to make it a crime. 17

18 1.5 Mens Rea Purposeful Knowing Reckless Criminal Negligence 18
Lecture Notes: Mens rea is the state of mind that accompanies a criminal act; also referred to as the guilty mind or criminal intent. Based on the assumption that individuals have the ability to make reasonable decisions about right and wrong and can choose between alternatives of conduct. State must show the defendant intended to commit the act. Types of mens rea: Purposeful (intentional) - also known as “direct intent.” Knowing - the person is aware that the act could result in illegal behavior and/or harm. Reckless - activity that increases the probability of harm. Criminal negligence - a person fails to reasonably perceive substantial, unjustifiable risks of dangerous consequences. Assumes person should have known better. Class Activity: Ask students to give examples crimes that would illustrate each type of mens rea. 18

19 1.5 Concurrence Actus Reus Mens Rea 19 Lecture Notes:
Concurrence (of actus reus and mens rea) is the coexistence of… An act in violation of the law (actus reus) and… A culpable mental state (mens rea). The “guilty act” and the “guilty mind” must concur in time to be able to convict an individual of a crime. If there is too much time between the guilty mind and the actual guilty act, the guilty mind could not have informed the guilty act and the two required elements are not present. 19 19

20 ≠ 1.5 Mens Rea Motive Purposeful/Knowing Reckless/Negligent 20
Lecture Notes Mens rea is the state of mind that accompanies a criminal act; also referred to as guilty mind. Mens rea must be inferred from a person’s action and from all circumstances that surround those actions. “Purposeful” and “knowing” constitute the most clear cases. “Reckless” and “negligent” constitute grounds for prosecution. Mens rea and motive are not the same. A motive is a person’s reason for committing a crime. Strict liability is liability without fault or intention. Strict liability offenses do not require mens rea. 20 20

21 Legal Defenses to Criminal Liability
Accident or Mistake Ignorance Duress Self-Defense Lecture Notes Accident: committed the act by accident or mistake Ignorance: mistakes of fact—when someone engaged in an illegal activity without being aware it is illegal. Duress: commit a crime out of fear for one’s life or safety Self-defense: prevent an offender from harming you or someone nearby Entrapment: situation in which someone commits a crime only because law enforcement agents induced the offender to do so. Insanity: defendant does not have the capacity (e.g., knowing right from wrong) to have criminal intent at the time he/she commits a criminal act, the person is not assumed to have the necessary mens rea, or guilty mind, for criminal liability. Teaching Tip 1) Give “real life” examples of these defenses. For example, Patty Hearst’s involvement in the SLF’s bank robberies due to “duress,” or John Hinckley, Jr’s assassination attempt of President Reagan (insanity plea). Entrapment Insanity

22 Be familiar with the various types of research methods in criminology.
Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 1.6 Be familiar with the various types of research methods in criminology.

23 1.6 Qualitative Quantitative vs. 23 Lecture Notes:
Qualitative: research technique that produces subjective results, or results that are difficulty to quantify (i.e., attach numbers to them) The aim is a complete, detailed description. The design emerges as the study unfolds. Researcher is the data gathering instrument. Data is in the form of words, pictures or objects. Research is subjective – individuals interpretation of events is important ,e.g., uses participant observation, in-depth interviews etc. Qualitative data is more 'rich', time consuming, and less able to be generalized.  Quantitative: research techniques that produce measurable results that can be analyzed statistically. Data that is expressed numerically. The aim is to classify features, count them, and construct statistical models in an attempt to explain what is observed. All aspects of the study are carefully designed before data is collected. Data is in the form of numbers and statistics. Research is objective--seeks precise measurement & analysis of target concepts, e.g., uses surveys, questionnaires etc. Quantitative data is more efficient, able to test hypotheses, but may miss contextual detail. Teaching Tip: Give examples of the two types of research. 23 23

24 1.6 Strategies of Criminological Research Surveys Experiments
Observing and Intensive Interviewing Research Using Existing Data Comparative and Historical Research Lecture Notes: Survey: Involves the administration of questionnaire to group of respondents. Face-to-face interviews, Mailed surveys, Telephone surveys Generalize results from the sample to the population Experiments: subjects are assigned randomly either to an experimental group, which is subjected to an experimental condition, or to a control group for comparison. These are less common in criminological research. Observing and Intensive Interviewing Field studies/ethnographies involve observing various groups (i.e. homeless women, urban African American men) Involves intensive interviewing Increasingly, intensive interviewing has been combined with surveying in longitudinal studies--same people are studied over a period of time Research using existing data Using existing statistics from government agencies and other resources to examine a particular issue Comparative and Historical Research Comparative: cross-cultural or international research Historical: examining an issue throughout time Teaching Tip: Give examples of each type of strategy. Strategies of Criminological Research 24 24

25 CHAPTER SUMMARY Be familiar with the sociological perspective and understand the mutual relevance of sociology and criminology. 1.1 1.2 Be able to trace the rise of sociological criminology. Understand the relationship between crime, deviance, and criminal law. 1.3 Understand how consensus and conflict perspectives contribute to different definitions of crime and our understanding of criminal law. 1.4 Be able to provide an overview of criminal law, including the goals of criminal law, legal distinctions in types of crimes, the meaning of criminal intent, and legal defenses to criminal liability. 1.5 1.6 Be familiar with the various types of research methods in criminology


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