Chapter 1 Crime and Criminology

1. Chapter 1Crime and Criminology Lee Ayers-Schlosser, Southern Oregon University

2. Define criminology and understand how this field of study relates to other social science disciplines. Understand the meaning of scientific theory and its relationship to research and policy. Recognize a “good” theory of crime, based on criteria such as empirical support, scope, and parsimony. Chapter Objectives (1 of 2)

3. Know the criteria for establishing causation and identify the attributes of good research. Understand the politics of criminology and the importance of social context. Define criminal law and understand the conflict and consensus perspectives on the law. Describe the various schools of criminological theory and the explanations that they provide. Chapter Objectives (2 of 2)

4. Hackers Illegal access to computer networks to gain information Don’t think what they are doing is wrong—just “looking around” How many people engage in hacking? Why do certain people engage in hacking? Why do some people commit crimes and others do not? You Are the Criminologist

5. Introduction • Crime commands attention. • Something must be done! • Crime is not cheap! • How do policy makers deal with crime? • How do we explain criminal behavior? • What are social reactions to crime?

6. Defining Criminology (1 of 3) • Criminology is the scientific study of crime. • Sutherland: Criminology is the study of law making, law breaking, and the response to law breaking.

7. Defining Criminology (2 of 3) • Criminology: law breaking (the nature, extent, and causes of crime) • Criminal justice: response to criminal behavior (policing, courts, and corrections)

8. Defining Criminology (3 of 3) • Overlap between criminology and criminal justice • Response to crime depends on one’s view of the cause of crime • Deviance—violating social norms

9. Criminology and Academics (1 of 2) • Criminology is organized around a class of behaviors (crime), not a way of understanding these behaviors (like other social sciences). • Social sciences organized on common: • Assumptions • Guiding insights • Specific research methodologies

10. Criminology and Academics (2 of 2)

11. The Dominance of Sociology (1 of 2) • Ernest Burgess and W.I. Thomas • The Chicago School of Crime • Robert Merton • Anomie • Sociological imagination • Debunking motif

12. The Dominance of Sociology (2 of 2) • Sociology and Criminology • Distinct academic area • Independent degrees • Interdisciplinary study (sociology, biology, psychology)

13. The Role of Criminologists (1 of 2) • Role of criminologists • Study various aspects of criminal behavior and law-breaking dynamics • Manage research projects • Work for think tanks specializing in research and policy issues • Engage in scientific research

14. The Role of Criminologists (2 of 2) • PhD: use research expertise to study aspects of criminal behavior and law-breaking dynamics • Master’s degree: positions in state and federal agencies within criminal justice system • Bachelor’s degree: entry-level positions within local, state, and federal agencies

15. A Primer on the Criminal Law • Criminologists do not typically receive extensive training in law. • The foundation of law is philosophy, not science. • JD or Doctorate of Juris Prudence (law degree) involves little, if any, scientific training.

16. Brief History of Criminal Law (1 of 3) • Dates back over 2000 years • Code of Hammurabi (1792 BC): the punishment should fit the crime • Mosaic Code of the Israelites (1200 BC): the Ten Commandments

17. Brief History of Criminal Law (2 of 3) • The root of American law is English common law. • Common law developed from English “circuit” courts and standardized legal code across different communities.

18. Brief History of Criminal Law (3 of 3) • Statutory law • Case law • Constitutional law

19. Defining the Criminal Law • Substantive criminal law • Prohibited behaviors • Possible sanctions • Each state has its own criminal code, as does the federal government.

20. Defining Crime (1 of 2) • Specific act (actus reas) • Criminal intent (mens rea)—a person’s mental state • Purpose • Knowledge • Negligence • Recklessness

21. Defining Crime (2 of 2) • Strict liability offenses (such as traffic offenses) do not require criminal intent. • Punishments can include imprisonment, fine, probation, etc.

22. Classification of Crime (1 of 2) • Mala in sec crimes (evil in themselves, such as homicide, robbery) vs. • Mala prohibita crimes (wrong because they are prohibited, such as gambling, prostitution)

23. Classification of Crime (2 of 2) • According to the seriousness of the offense (felony and misdemeanors) • According to degree (first-, second-, or third-degree offenses)

24. Procedural Law • What actions actors within the criminal justice system may legally take • For example: search-and-seizure law (how police interact with citizens) or how criminal trials proceed (admissibility of evidence)

25. Civil Law • Contract law • Property law • Tort law

26. Defining the Criminal Law • Laws are dynamic and influenced by: • Current events • Politics • Economics • Other external factors (e.g., new technology)

27. Perspectives on the Criminal Law • Functions of criminal law • Discourage revenge • Express public opinion and morality • Warning to other citizens

28. Consensus Perspective • Laws are set to keep people from harming others. • Laws are in place to be fair to all members of society.

29. Conflict Perspective • Laws are the result of a continuous competition among members of society. • Laws reflect the interests, values, and beliefs of the group in power.

30. Defining Scientific Theory • A testable set of principles or statements that attempt to explain how concepts are related (e.g., how one or more factors lead to criminal behavior) vs. • Circular (tautological) reasoning • Crime causes crime • Lack of conscience causes crime

31. Evaluating Theory (1 of 4) • Empirical evidence • When applied to the real world, does this theory work? • Does research support this theory? • Must consider the weight of the evidence.

32. Evaluating Theory (2 of 4)

33. Evaluating Theory (3 of 4) • Demonstrating cause and effect • Causal relationship (e.g., hanging around with criminal friends causes criminal behavior) • Spurious—related factors but no causal relationship

34. Evaluating Theory (4 of 4) • Correlation • Having criminal friends is related to criminal behavior. • Time ordering • Having criminal friends happens before engaging in criminal behavior. • Longitudinal study (extended time period) • Relationship between criminal friends and criminal behavior is not spurious.

35. Experimental Design (1 of 2) • Most efficient way to: • Establish cause-and-effect relationships • Exclude spuriousness • Many theoretical concepts cannot be studied experimentally.

36. Experimental Design (2 of 2)

37. Nonexperimental Design (1 of 2) • Most crime research involves nonexperimental methods • Surveys and questionnaires • Common problem—useful to establish correlation but not effective to exclude spuriousness

38. Nonexperimental Design (2 of 2) • Demonstration of cause-and-effect relationships • Identify and measure those factors that might render a relationship spurious • Control for these factors in a mathematical model

39. Scope and Parsimony • Scope—what a particular theory can explain • Grand theories (wide scope)—try to explain all types of criminal behavior • Parsimony—simple formulation of a theory • Good theories have both large scope and parsimony (they explain a lot with few concepts)

40. Organizing Theories of Crime • Law breaking • Why do people commit crimes? • What makes some countries more prone to crime than others? • Law making • Why are some acts outlawed while others are not? • Why do legal acts become illegal over time? • Reaction to law breaking • Why do police arrest certain offenders and not others? • Why are certain laws enforced more stringently than others?

41. Macro and Micro Explanations • Micro level—why some individuals engage in crime and others do not • Most crime theories operate at the micro level • Macro level—explain differences in groups of people (e.g., why some neighborhoods have higher crime rates)

42. Academic Disciplines and Theoretical Traditions • Traditions evolve • Basic thrust remains the same • Details updated or revised

43. Origins of Criminological Theory • Demonic perspective • Devil makes people commit crimes • Middle Ages—witches • Torture and corporal punishment

44. The Classical School of Crime (1 of 2) • The Age of Enlightenment • God instilled in humans the capacity to exercise free will and the ability to choose a course of behavior through reason.

45. The Classical School of Crime (2 of 2) • Beccaria: properly designed legal system will deter criminal behavior • Bentham: hedonistic calculus • Neoclassical theories

46. The Positive School of Crime • More rational, scientific understanding • Scientific method to study the causes of crime

47. The Classical and Positive School

48. Crime Policy (1 of 2) • Criminology = applied social science • Criminologists investigate crime in order to generate practical solutions to the problem.

49. Crime Policy (2 of 2) • Gibbs: major questions criminologists attempt to answer • Why does the crime rate vary? • Why are crimes committed by certain individuals and not others? • Why is there variation in reactions to alleged criminality? • What are the possible means of controlling criminality?

50. Policy Without Theory • Intensive supervision programs • Solution to crowding in American jails and prisons • Research initially found higher rates of probation revocation and little influence on recidivism. • Lack of any truly successful theory • Rehabilitative aspects of the program have been proven effective.