note cards.docx - Defining Crime in Crimonology Legalistic Representative of the approach Definition of crime Preferred focus of criminology Tappan

note cards.docx - Defining Crime in Crimonology Legalistic...

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Unformatted text preview: Defining Crime in Crimonology Legalistic Representative of the approach Definition of crime Preferred focus of criminology Tappan Judicially determined violation of criminal law Adjudicated criminals Modified Legalistic Sutherland Normative New Sellin Mannheim Socially harmful act with provision for penalty by the state White-collar offenders and reactions to them Violations of conduct norms Antisocial behavior Variety of norm violations and reactions to them Variety of behaviors judged antisocial and reactions to them Taylor, Walton & Young Political and economic production of deviance Schwendingers Political and economic factors that shape state responses to deviance Imperialism, racism, sexism and poverty Violation of human rights Legalistic perspective: reduces subject matter of criminology to subset of those actions or inactions proscribed by criminal law, consisting of only those behaviors successfully processed by the criminal justice system + Excludes behavior that is not criminalized, detected or reported to law enforcement authorities and prosecuted. + Viewed as a restrictive definition. Modified Legalistic: Sutherland introduced the concept of white-collar crime, broadened the boundaries creating a modified legalistic + Unlawful act is not defined as criminal by the fact that it is punished, but by the fact that it is punishable. + Whitecollar crime meets such a legalistic definition because it is punishable by fines, injunctions etc. (even though less punitive processes have been developed to soften the consequences of illegal behaviors by powerful people) Normative: pushing towards a broader definition of criminology (Hermann Mannheim/Thorsten Sellin) + Mannheim rejected the value of law in delineating criminological boundaries, identifying all antisocial behavior as the subject matter + Similarly, Sellin defined criminology as the study of violations of conduct norms, only a subset of which are embodied in the criminal law at any given place or time. New/Radical: broadest criminological perspective + From this perspective, crime and deviance are also considered synonymous. + This approach broadens the criminological theory by contending that political and economic forces play the key role in generating crime and deviance; these factors are termed “the political economy of crime” + New criminologists found the more restrictive definitions of the criminological domain shortsighted because they depoliticized criminology; + Schwendingers offer an alternative humanistic definition of crime founded upon the notion of human rights * Objective properties + > perceptions of punishment - > criminal behavior (raise prop raise perception and lowers behavior) Crime: absence of capable guardianship to prevent, motivation to commit, presence of opportunities/targets to commit crime WAKE STUDENTS: Wake criminology students consistently rank violent crimes as the most serious across the board. In our survey, killing someone for money, releasing poison resulting in death and assault were ranked the three most serious crimes and all three are violent crimes. Interestingly, victimless crime was not as clear cut as violent crimes with prostitution ranking fifth and smoking marijuana coming in as the least serious. Property crimes such as theft ranked 4, 6, and 8 th on our rankings. Marijuana: moved from (UCR): toleratedOldest in themeasure early 1900s TYPES OF LAW: Uniform Crime Reports 1929to a serious by midcentury then less stigmatized in the 1960s-1970s followed by harsh reversal and“Crimes slowBurden de-criminalization Civil (“Tort”) Intent: Not required of Proof: Preponderance of evidence likely than Remedies: Injunction, Products of Policing: Arrests, known to police”, Part 1 (Index), Part II (more (Non-Index), Overnot) 95% Departments Reporting Tobacco: Within U.S., shift from an entirely unregulated consumption of tobacco, widespread etc. to fines, compensatory and punitive damages Goals: Restitution andpublic compensation Strengths: Collaborative between thealmost FBI, local, law enforcement minimizes redundancy. Nationwide crime advertising statistics which the opposite more smoking in restaurants, limits onhave advertising, no selling minors etc.) Tobacco companies had injunctions, to Administrative (Regulatory) Intent: Not The required Burden of been Proof: Administrative determination Remedies: Closure, allow for city(no and regional comparisons. statistics collected andto stored since 1930 and are updated monthly. acknowledge publicly that tobacco is a harmful butand now e-cigs are to become popular disbarment, fines Goals: Compliance Weaknesses: Emphasis upon conventional streetdrug, crimes exclusion ofstarting other serious crime. Tool for political manipulation. Rape: Over 60-years, 119 countries definition doubt of rape, used to beIncarceration, legally impossible for a restitution, man to rapefines his wife OR for a Criminal Intent: Burden ofexpanded Proof: Reasonable Remedies: probation, Goals: Problems can alsoRequired arise from recording practices. man to be a victim. Not specifically defined, now included penetration by ANY object in any sexual While the definition Protect society Actus reus: guilty act Mens rea: orifice. guilty mind Self-Report Surveys (SRD): Second oldest 1947 of rape has Help really expanded the U.S., it iscan relative country to doesn’t country unfortunately Strengths: close gapin(we know we than UCR) rely uponabout second thirdthat hand Not subject IDEOLOGY : aus set of beliefs or values that all do of better usfrom develop, usually unconsciously, theorway theaccounts, world is or ought to Types of Deterrence to or politicization like UCR be;manipulation underlie religious, political, social, and data moral positions Absolute- we punish and there is zero crime (ideal but doesn’t usually happen) Weaknesses: Very limited application, Response bias-people what they think want to more hear (over-reporting, Conservatives: Assume that the offender is flawed or morallygive defective + Call for placing people in prisonfalsification for longer etc.), General (social)- criminal is punished and others see what happened to them, deters population from committing the crime. May notofbetime nationally representative periods + Advocate broad use of death penalty + Favor low age of criminal responsibility for juveniles (adult time for Specific (individual)- if a criminal is punished, and then when released, doesn’t commit a crime for fear of being punished again Victimization (NCVS): recent 1967for drug users + Favor mandatory and minimum prison sentences for many adult crime) +Surveys Favor high levels Most of incarceration Restrictive- restrict type of crime (violent criminal to property criminal-commit less serious crime); offenses are more private Strengths: Findlong muchprison moresentences crime outfor there thantypes fromofpolice, info collected about few crimes in more detail crimes + Favor many crimelot andofcriminals + Favor userelatively of criminal laws to control vices + Favor Not ZERO crime, but lessening the serious of the offenses in one way or another Weaknesses: Same problems as self-report: possible under/over-reporting, inaccuracy at recall. Recount traumatic experiences. harsh prison conditions Characteristics of crimes White-collar victims don’t realize social they’vesupports been victimized. Explicit rapefor question asked; pre and post bigthe shift Progressive: Advocate enhancing for those most at risk criminalnot behavior + Oppose the1992 use of death Rational versus irrationalrational are more deterrable Temporal: decreasing since 1990s, 6pm-6am, Friday for andjuveniles Saturday,+July andminimal August,levels and December penalty + Favor higher age of criminal responsibility Favor incarceration for drug + Instrumental versus expressive-instrumental more deterrable (expressive are much more inofheat of the moment andusers emotional) Geographical: Westtothen South, Urban highest, prison then suburban then rural (location crime andsentences reporting for mayselected skew data) Generally opposed mandatory minimum sentences + Favor reservingof long crimes and Property versus violentviolent isand more deterrable (crimes are more emotional) 90%prison of crime is property, 10% is violent Correlates of Crime: age 16-22,the intra-racial, low income victimization, increase faster comfortable rate than malesprison (law isconditions less chivalrous) criminals Generally oppose useevils of criminal lawshighest to murder)control vices + female Favor humane Mala in se+ (offenses wrong because in themselves, no law people would and not murder because seen as evil in itself General Conclusions: more toa fear of property v. the violent crime, “target hardening”, beyond purpose they were intended MEDIA - Theare media substantial rolethat in of crime andused its causes. Mala prohibita moreplays deterrable (offenses are misunderstanding wrong simply because the law says they are wrong i.e., parking) Tiger Prevention: taking creditmedia for decrease in crime criminal - At the root ofofthe inadequate is believed to beby their need tojustice securesystem high ratings in order to reap greater advertising profits Characteristics criminals Warden’s Survey: warden sees manyhave people in prisons assumes the criminal justice system hasthe failed - The result ofyounger-older skewed media coverage is already a misinformed citizenry, shallow publicbehavior discourse about crime problem, and Older versus people passedand through age of criminal (16-22) Classical Era (c. 1764-1860s): deviance but no crime prior, church was the mediator for offenses ultimately poor public policy. Female versus male-females more likely deterred by shaming, less risk-taking to begin with, more socially integrated than males Cesare (Onlower Crimes and Punishment 1764): new system based on law,innoconformity crime without law + Separate judicial and Brutalization effect – death penalty drives up criminal Higher Beccaria class versus class-higher class because theybehavior have a greater stake legislativewas judge/jury/executioner + Preventative ideal: certainty, severity, and celerity + certainty carries most weight Future-oriented versus present-oriented: future oriented are more deterrable How have judge criminologists regarded the role of certainty, severity, and swiftness of punishment? Deterrence: Failure toisengage inhigh criminal behavior based on ones fearhigh of legal punishment self-control versus low self-control: self-control more deterrable -High Strong consensus that certainty most important. Substantial evidence shows certainty associated with low levels of crime Jeremy From tolaw prevention Uniformity oftopunishmentmore mathematically oriented + What isBentham: criminology? study of Retribution law making, breaking reactionsseverity law breaking - Deterrence theoryReformist: alsoThe suggests that crime should decrease as+and punishment increases. Utilitarianism“the greatest good for the greatest number” + “Hedonistic Calculus”-the between pleasure pain; Do you think crime has increased/decreased/stayed the same for the last five years?balance Crime has decreased sinceand early 1990s. individuals arecrime? likely to move in directions that offer greater and lesser (need to make(nature punishment severe What causes Competing paradigms: rational choice pleasure (weighs means and pain ends), positivism of the just individual), enough, just certain swift enough that individuals will (challenge not be tempted to commit a crime) and theoretical interactionism (fromenough groups and one just associates with), critical criminology traditional understandings) Classical Developments: advancements we still use (courts, policing, penology) integrationSchool (combine several theories) ...
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