Crim 100 Outline 1-5

Crim 100 Outline 1-5 - Outline Crim 100 Chapters 1-5...

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Outline Crim 100 Chapters 1-5 Chapter 1 Criminology: Science or discipline that studies crime and criminal behavior A. Forms of criminal behavior B. Causes of crime C. Definition of criminality D. Societal reaction to criminal activity Emergence of Criminology A. Auguste Comte 1. French Sociologist 2. Progression of knowledge – 3 stages a. Theological b. Metaphysical (philosophical) c. Scientific B. Scientific stage 1. Combined the rational spirit of investigation with the scientific method a. Emphasized empiricism or experimentation Crime and Deviance A. Deviance refers to a broad range of activities society would view as dangerous, bizarre, or annoying
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1. Refers to behavior that is outside the range of normal societal toleration B. Cultural values are prized beliefs , or beneficial to the group William Sumner A. American Sociologist 1. Folkways (1906) a. Three types of norms: 1. Folkways: least serious of norms, refers to traditions, customs (manners, etiquette) 2. Mores: more serious norms, moral judgments (rewards or punishments) 3. Laws: formal modes of control, codified rules of behavior 2. General maxim a. If laws do not have the support, mores of a culture will be ineffective Mala in Se and Mala Prohibita A. Acts mala prohibita a. bad because they are prohibited 1. not viewed as bad in themselves, but are violations 2. traffic violations, gambling B. acts mala in se a. acts bad in themselves 1. forbidden behaviors with consensus in mores for prohibition 2. murder, rape, assault C. Undercriminalization
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a. When criminal law fails to prohibit acts in which many feel are mala in se 1. Corporate violence, racism D. Overcriminialization a. Overextension of criminal law to cover acts that are not responsibly enforced 1. Attempts to regulate personal conduct not involving a clear victim (drug abuse, sexual conduct) Social Change and the Emergence of Law A. Gemeinschaft-type a. Society that is complex, individualistic 1. Extensive division of labor, formal controls B. Robert Merton a. Manifest functions are intended, planned, consequences of introduced changes b. “the noble experiment” the prohibition era C. Latent functions a. Unintended consequences with positive or negative outcomes Emile Durkheim A. Sociologists a. Crime is a normal, functional part of society b. “Crime as a Functional Necessity” 1. Crime establishes borders for a society Consensus vs. Conflict Model of Law
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A. Consensus mode a. Agreement among members of society as to what constitutes wrong B. “Social Contract Theory” a. Locke, Hobbes,Rousseau 1. Conflict model- sees criminal law as origination in the conflict of interests of different groups 1. Definition of crime is assumed to reflect the wishes of interest groups 2. Crim law is used to control behavior Crime and Criminal Law A. Characteristics of criminal Law 1. Assumed by political authority. Murder is a crime against the state and the person 2. Must be specific, defining both the offense and the punishment 3. Law is uniformly applied.
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This note was uploaded on 04/08/2008 for the course CRIM 100 taught by Professor Berube during the Spring '08 term at CSU Fresno.

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Crim 100 Outline 1-5 - Outline Crim 100 Chapters 1-5...

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