Overheads Fall 06-1

Overheads Fall 06-1 - Criminology Overheads Fall 2006 RDM...

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Criminology Overheads Fall 2006 RDM Defining Crime Mala in se Mala prohibita Consensus Assumption Conflict Assumption Eight Approaches to the Definition of Crime. 1. Legal-Consensus Approach: Paul Tappan. “Who is the Criminal?” (1947). Crime is an intentional act in violation of the criminal law (statutory and case law), committed without defense or excuse, and penalized by the state as a felony or misdemeanor. In studying the offender there can be no presumption that arrested, arraigned, indicted, or prosecuted persons are criminals unless they also be held guilty beyond a reasonable doubt. (1947:100) 2. Socio-Legal Approach: Edwin Sutherland. White Collar Crime (1949). Social Harm The essential characteristic of crime is that it is behavior which is prohibited by the State as an injury to the State and against which the State may react, at least as a last resort, by punishment. (1949:31) 3. Cross-Cultural Approach: Thorsten Sellin. Culture Conflict and Crime (1938). Primary Cultural Conflict Secondary Cultural Conflict Makarewicz’s Conduct-Norm Definition: A crime is an act by a member of a given social group, which by the rest of the members of that group is regarded as so injurious or as showing such a degree of antisocial attitude in the actor that the group publicly, overtly and collectively reacts by trying to abrogate some one of his rights. (quoted in Sellin 1938:31).
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4. Statistical Approach: Leslie Wilkins. Social Deviance (1964). 5. Labeling Approach: Howard Becker. Outsiders ([1963] 1991). 6. Human Rights Approach: Herman and Julia Schwendinger. “Defenders of Order or Guardians of Human Rights?” ([1970] 2001). Human rights include “ fundamental prerequisites for well-being, including food, shelter, clothing, medical services, challenging work, and recreational experiences, as well as security from predatory individuals or repressive and imperialistic social elites.” ([1970] 2001:85) Milovanovic and Henry. “Constitutive Definition of Crime: Power as Harm” (2001). “Harms of reduction ‘occur when an offended party experiences a loss of some quality relative to their present standing.’” “Harms of repression ‘occur when an offended party experiences a limit or restriction preventing them from achieving a desired position or standing.’” (2001:166-67) 7. Utopian-Anarchist Approach: The “New Criminologists”—Ian Taylor, Paul Walton and Jock Young The New Criminology: For a Social Theory of Deviance (1973). Crime as “human diversity .” 2
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8. Integrated Approaches. The Crime Pyramid: John Hagan. Modern Criminology: Crime, Criminal Behavior, and Its Control . (1985). 3
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Mark Lanier and Stuart Henry (2004). 4
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Overheads Fall 06-1 - Criminology Overheads Fall 2006 RDM...

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