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Reference Guide

Permachart - Marketing Reference Guide: Uniform Crime Reports, Actus Reus, Indictable Offence

6 pages348 viewsFall 2015

Department
LAW
Course Code
LAW 405
Professor
All
Chapter
Permachart

This preview shows pages 1-2. to view the full 6 pages of the document.
2Criminology 3Criminology
CONCEPTUAL APPARATUS cont.
CRIME & DEVIANCE
Definitions
• Crime is conduct in violation of criminal laws
• Deviance is conduct that violates social norms
• Not all crimes are deviant and not all deviance is criminal
Definitional Perspectives
Each perspective has its own definition of criminal
behavior and what causes individuals to engage in
criminality
NATURE AND EXTENT OF CRIME
Sources of Crime Data
Uniform Crime Report presents the number of
crimes known to police
Reliability of official statistics are questioned
because of the dark figure of crime: the amount of
unreported crime to the police
• Self-report surveys get at the dark figure of crime
by asking individuals about their law violations
• Victimization surveys ask people whether they have
been a victim of crime
Correlates of Crime
• Most reported crime occurs during the summer months
and differs by day, population density, and region
• Considerable controversy surrounds the link
between crime and social class
• Young people are more likely to commit crime
than their older counterparts
• Male crime rates are higher than females but
females are more likely to be at risk for committing
and being victimized for certain offenses
• A small proportion of chronic offenders account
for a significant proportion of all criminal acts
PROMINENT CRIMINOLOGISTS
Criminology has an interdisciplinary heritage. The
work of several prominent criminologists continues
to have an impact on research and our
understanding of crime
BECARRIA
• Developed the foundation for the criminal justice system
• Criminals choose to commit crime and the fear of
punishment is a deterrent
• Punishment should be severe, swift, certain, and
proportionate
LOMBROSO
• Regarded as the “father” of criminology and the
founder of positivist criminology
• Theory of atavism suggests that criminality is
inherited – “born criminals”
• Even if criminals choose crime they do so
repeatedly due to inherited criminal traits
DURKHEIM
• Crime is normal and functional for all societies
• Anomie is a breakdown of social norms regulating
behavior that create a state of normlessness
• Analogous behavior, including crime, arises from
a state of anomie in society where social
control becomes ineffective
MARX
• Society is composed of a class conflict between
the bourgeoisie (capitalist class) and the
proletariat (working class)
• The proletariat sell their labor to the bourgeoisie
and experience alienation
• Crime is a function of proletariat alienation
SUTHERLAND
• Defined criminology and the first to use the term
“white collar crime”
• Crime is not a function of lower class inadequacy
• Crime is learned just like any other behavior
MERTON
• Anomic conditions are created when culturally
defined goals are unobtainable using socially
approved means
• Not everyone has access to socially approved goals
and legitimate means
• Social adaptations include conformity, innovation
(most associated with criminality), ritualism,
retreatism, and rebellion
SHAW & MCKAY
• Criminal behavior is caused by ecological conditions
in urban slums
• Crime occurs in transitional
neighborhoods characterized
by residential instability,
ethnic heterogeneity, and
low socioeconomic status
• Crime is constant in these
areas despite ethnic and
population turnover
PROMINENT CRIMINOLOGISTS cont.
HIRSCHI
• People obey the law because of bonds held with
society
• A strong social bond of attachment, commitment,
involvement, and belief controls criminal behavior
due to a fear of damaging prosocial relationships
BECKER
• Crime and deviance are rule breaking behavior
that is labeled criminal or deviant by those in
power (moral entrepreneurs)
A criminal is someone to whom a label has been
successfully applied and criminal behavior is
behavior labeled as such
FARRINGTON
• Traits that predict chronic offending, continuity of
offending, and early onset leading to persistent
offending are present as early as 8 years of age
Factors predicting criminality at one point in the
life course may not be the same at another point
SAMPSON & LAUB
Age-graded theory suggests that life events can
help terminate or sustain a deviant career
Two critical turning points enabling adult offenders
to desist from crime are marriage and a career
• Social capital increases the stake in conformity
thereby inhibiting criminal behavior
INDIVIDUAL PERSPECTIVES
These theoretical explanations of crime focus on
individual traits. That is, crime is either a free will
choice made by an individual, a function of biological
propensities, psychological conditions, or both
CHOICE THEORY
• Criminals exercise free will and choose to commit
a crime after weighing the risk of:
mApprehension
mThe expected punishment
mThe value of the criminal act
mThe need for criminal gain
• A crime occurs if the benefits and pleasure
outweigh the costs and pain of the act
Routine activities theory: crime occurs with a
motivated offender, suitable target, and the lack
of a capable guardian
• Crime can be deterred in two ways:
(1) General deterrence: the threat of punishment will
deter those who have not committed a criminal act
(2) Specific deterrence: punishments should be
swift, severe and certain to deter individuals from
committing another criminal act
TRAIT THEORIES
• Basic human drives are linked to antisocial
behavior
• No single biological or psychological attribute
explains criminality; these predispositions are
triggered by environmental stimuli
• Biological explanations of crime include body
types, biochemical (diet, hormones),
neurophysiological (neurological, minimal brain
dysfunction, to name a few), genetics, and evolution
• Psychological explanations include:
mPsychodynamic (unconscious)
mBehavioral (learning, rewards and punishments)
mCognitive (way of thinking)
mPersonality (antisocial personality)
mIntelligence (IQ) factors
SOCIOLOGICAL PERSPECTIVES
These theories take a macro perspective towards
understanding crime through the examination of the
structure, process, and conflict inherent in society
SOCIAL STRUCTURE THEORIES
The primary cause of crime is the disadvantage of
economic inequality
• In socially disorganized areas,
institutions of social control, such as
the family, are ineffective; with
ethnic heterogeneity, residential
turnover, and low socioeconomic
status, crime flourishes in these
areas due to residents’ conflict and
despair
• The ability to obtain socially
approved goals is class dependant,
creating anger, frustration, and
resentment known as strain; crime is
an alternative means to achieve success
Cultural deviance theory: criminal behavior is
conformity to lower-class subcultural values by
individuals feeling strain in socially disorganized
communities
SOCIAL PROCESS THEORIES
The primary cause of crime is the process of
socialization. The assumption is that everyone has
the potential to be delinquent or law-abiding
Social Learning Theories
Differential association theory: criminal behavior,
skills, and motives are learned (as any other
behavior) through contact with individuals and
exposure to pro-crime values
Differential reinforcement theory: combines
differential association theory principles with
direct conditioning which occurs when criminal
behavior is either rewarded or punished through
interactions with others
© 2007-2012 Mindsource Technologies Inc. © 2007-2012 Mindsource Technologies Inc.© 2007-2012 Mindsource Technologies Inc.
Criminology concerns itself with the etiology, prevention, control
and treatment of crime and delinquency. As criminology is
the scientific study of crime and criminals, criminological theories
and typological explanations help us to understand how and
why crime occurs. This Permachart provides an outline of the major
theoretical and substantive approaches used by criminologists to
understand criminality.
www.permacharts.com
CRIMINOLOGY
CRIMINOLOGY
CONCEPTUAL APPARATUS
The origin, scope, and perspectives in criminology
involve a set of core issues including the concepts
of crime and law and the nature and extent of
criminality
WHAT IS CRIMINOLOGY?
• Scientific approach to crime as a social
phenomenon including the process of making
laws, the cause of law violations, and societal
reaction to the breaking of laws
• Sub areas include:
mCriminal statistics
mThe sociology of law
mTheory construction
mCriminal behavior systems
mPenology
mVictimology
• Criminology looks at the causes of crime
• Criminal justice focuses on the agencies of social
control
ORIGINS OF LAW
The law defines the behaviors that society deems
to be criminal. Criminal law incorporates historical
definitions, morality, social beliefs, and economic
and political developments
• Common law is case law derived from previous
cases and forms the basis of criminal law
• Statutory laws reflect social conditions and deal
with issues of morality such as gambling and
sex-related offences
Classification of Law
Types of law
mCriminal law: Penal law containing common
and statutory law about crime and
punishment for criminal offenses
mCivil law: All other areas including property,
contract, and tort law
• Types of criminal law
mIndictable offence: Serious offences with no
limitation on prosecution, more serious
penalties, and trial by judge or jury
mSummary offence: Minor or petty crimes, six
month limitation on prosecution, and
limitations on punishment
Types of offences
mMala in se: Crimes that are seen as
fundamentally wrong, e.g. murder
mMala prohibitum: Crimes that reflect public
opinion and social values, e.g. obscenity
Legal Definition of a Crime
In order to fulfill the legal definition of a crime,
several elements must be present
Actus reus is the Latin term for “guilty act”;
voluntary criminal act
Mens rea is the Latin term for “guilty mind”; the
intent, knowledge, recklessness, and negligence
associated with actus reus
• Strict liability offenses require only actus reus,
e.g. traffic offenses
Criminal Defenses
• Ignorance or mistake
are not legally
justifiable defenses
• A defendant can be
held not criminally
responsible on
account of:
mMental disorder
mIntoxication under
certain circumstances
mDuress
mNecessity
mSelf-defense
mEntrapment
Perspectives
Consensus
Conflict
Interactionist
View of Crime
The law defines crime; agreement
by members of society; laws
apply to all citizens equally
The law is a tool of the ruling
class to control the underclass;
crime is politically defined; thus,
real crimes are not criminalized
Moral entrepreneurs define
crime; crimes are illegal as they
have been defined that way;
criminal label is life-transforming
TM
permacharts
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2Criminology 3Criminology
CONCEPTUAL APPARATUS cont.
CRIME & DEVIANCE
Definitions
• Crime is conduct in violation of criminal laws
• Deviance is conduct that violates social norms
• Not all crimes are deviant and not all deviance is criminal
Definitional Perspectives
Each perspective has its own definition of criminal
behavior and what causes individuals to engage in
criminality
NATURE AND EXTENT OF CRIME
Sources of Crime Data
Uniform Crime Report presents the number of
crimes known to police
Reliability of official statistics are questioned
because of the dark figure of crime: the amount of
unreported crime to the police
• Self-report surveys get at the dark figure of crime
by asking individuals about their law violations
• Victimization surveys ask people whether they have
been a victim of crime
Correlates of Crime
• Most reported crime occurs during the summer months
and differs by day, population density, and region
• Considerable controversy surrounds the link
between crime and social class
• Young people are more likely to commit crime
than their older counterparts
• Male crime rates are higher than females but
females are more likely to be at risk for committing
and being victimized for certain offenses
• A small proportion of chronic offenders account
for a significant proportion of all criminal acts
PROMINENT CRIMINOLOGISTS
Criminology has an interdisciplinary heritage. The
work of several prominent criminologists continues
to have an impact on research and our
understanding of crime
BECARRIA
• Developed the foundation for the criminal justice system
• Criminals choose to commit crime and the fear of
punishment is a deterrent
• Punishment should be severe, swift, certain, and
proportionate
LOMBROSO
• Regarded as the “father” of criminology and the
founder of positivist criminology
• Theory of atavism suggests that criminality is
inherited – “born criminals”
• Even if criminals choose crime they do so
repeatedly due to inherited criminal traits
DURKHEIM
• Crime is normal and functional for all societies
• Anomie is a breakdown of social norms regulating
behavior that create a state of normlessness
• Analogous behavior, including crime, arises from
a state of anomie in society where social
control becomes ineffective
MARX
• Society is composed of a class conflict between
the bourgeoisie (capitalist class) and the
proletariat (working class)
• The proletariat sell their labor to the bourgeoisie
and experience alienation
• Crime is a function of proletariat alienation
SUTHERLAND
• Defined criminology and the first to use the term
“white collar crime”
• Crime is not a function of lower class inadequacy
• Crime is learned just like any other behavior
MERTON
• Anomic conditions are created when culturally
defined goals are unobtainable using socially
approved means
• Not everyone has access to socially approved goals
and legitimate means
• Social adaptations include conformity, innovation
(most associated with criminality), ritualism,
retreatism, and rebellion
SHAW & MCKAY
• Criminal behavior is caused by ecological conditions
in urban slums
• Crime occurs in transitional
neighborhoods characterized
by residential instability,
ethnic heterogeneity, and
low socioeconomic status
• Crime is constant in these
areas despite ethnic and
population turnover
PROMINENT CRIMINOLOGISTS cont.
HIRSCHI
• People obey the law because of bonds held with
society
• A strong social bond of attachment, commitment,
involvement, and belief controls criminal behavior
due to a fear of damaging prosocial relationships
BECKER
• Crime and deviance are rule breaking behavior
that is labeled criminal or deviant by those in
power (moral entrepreneurs)
A criminal is someone to whom a label has been
successfully applied and criminal behavior is
behavior labeled as such
FARRINGTON
• Traits that predict chronic offending, continuity of
offending, and early onset leading to persistent
offending are present as early as 8 years of age
Factors predicting criminality at one point in the
life course may not be the same at another point
SAMPSON & LAUB
Age-graded theory suggests that life events can
help terminate or sustain a deviant career
Two critical turning points enabling adult offenders
to desist from crime are marriage and a career
• Social capital increases the stake in conformity
thereby inhibiting criminal behavior
INDIVIDUAL PERSPECTIVES
These theoretical explanations of crime focus on
individual traits. That is, crime is either a free will
choice made by an individual, a function of biological
propensities, psychological conditions, or both
CHOICE THEORY
• Criminals exercise free will and choose to commit
a crime after weighing the risk of:
mApprehension
mThe expected punishment
mThe value of the criminal act
mThe need for criminal gain
• A crime occurs if the benefits and pleasure
outweigh the costs and pain of the act
Routine activities theory: crime occurs with a
motivated offender, suitable target, and the lack
of a capable guardian
• Crime can be deterred in two ways:
(1) General deterrence: the threat of punishment will
deter those who have not committed a criminal act
(2) Specific deterrence: punishments should be
swift, severe and certain to deter individuals from
committing another criminal act
TRAIT THEORIES
• Basic human drives are linked to antisocial
behavior
• No single biological or psychological attribute
explains criminality; these predispositions are
triggered by environmental stimuli
• Biological explanations of crime include body
types, biochemical (diet, hormones),
neurophysiological (neurological, minimal brain
dysfunction, to name a few), genetics, and evolution
• Psychological explanations include:
mPsychodynamic (unconscious)
mBehavioral (learning, rewards and punishments)
mCognitive (way of thinking)
mPersonality (antisocial personality)
mIntelligence (IQ) factors
SOCIOLOGICAL PERSPECTIVES
These theories take a macro perspective towards
understanding crime through the examination of the
structure, process, and conflict inherent in society
SOCIAL STRUCTURE THEORIES
The primary cause of crime is the disadvantage of
economic inequality
• In socially disorganized areas,
institutions of social control, such as
the family, are ineffective; with
ethnic heterogeneity, residential
turnover, and low socioeconomic
status, crime flourishes in these
areas due to residents’ conflict and
despair
• The ability to obtain socially
approved goals is class dependant,
creating anger, frustration, and
resentment known as strain; crime is
an alternative means to achieve success
Cultural deviance theory: criminal behavior is
conformity to lower-class subcultural values by
individuals feeling strain in socially disorganized
communities
SOCIAL PROCESS THEORIES
The primary cause of crime is the process of
socialization. The assumption is that everyone has
the potential to be delinquent or law-abiding
Social Learning Theories
Differential association theory: criminal behavior,
skills, and motives are learned (as any other
behavior) through contact with individuals and
exposure to pro-crime values
Differential reinforcement theory: combines
differential association theory principles with
direct conditioning which occurs when criminal
behavior is either rewarded or punished through
interactions with others
© 2007-2012 Mindsource Technologies Inc. © 2007-2012 Mindsource Technologies Inc.© 2007-2012 Mindsource Technologies Inc.
Criminology concerns itself with the etiology, prevention, control
and treatment of crime and delinquency. As criminology is
the scientific study of crime and criminals, criminological theories
and typological explanations help us to understand how and
why crime occurs. This Permachart provides an outline of the major
theoretical and substantive approaches used by criminologists to
understand criminality.
www.permacharts.com
CRIMINOLOGY
CRIMINOLOGY
CONCEPTUAL APPARATUS
The origin, scope, and perspectives in criminology
involve a set of core issues including the concepts
of crime and law and the nature and extent of
criminality
WHAT IS CRIMINOLOGY?
• Scientific approach to crime as a social
phenomenon including the process of making
laws, the cause of law violations, and societal
reaction to the breaking of laws
• Sub areas include:
mCriminal statistics
mThe sociology of law
mTheory construction
mCriminal behavior systems
mPenology
mVictimology
• Criminology looks at the causes of crime
• Criminal justice focuses on the agencies of social
control
ORIGINS OF LAW
The law defines the behaviors that society deems
to be criminal. Criminal law incorporates historical
definitions, morality, social beliefs, and economic
and political developments
• Common law is case law derived from previous
cases and forms the basis of criminal law
• Statutory laws reflect social conditions and deal
with issues of morality such as gambling and
sex-related offences
Classification of Law
Types of law
mCriminal law: Penal law containing common
and statutory law about crime and
punishment for criminal offenses
mCivil law: All other areas including property,
contract, and tort law
• Types of criminal law
mIndictable offence: Serious offences with no
limitation on prosecution, more serious
penalties, and trial by judge or jury
mSummary offence: Minor or petty crimes, six
month limitation on prosecution, and
limitations on punishment
Types of offences
mMala in se: Crimes that are seen as
fundamentally wrong, e.g. murder
mMala prohibitum: Crimes that reflect public
opinion and social values, e.g. obscenity
Legal Definition of a Crime
In order to fulfill the legal definition of a crime,
several elements must be present
Actus reus is the Latin term for “guilty act”;
voluntary criminal act
Mens rea is the Latin term for “guilty mind”; the
intent, knowledge, recklessness, and negligence
associated with actus reus
• Strict liability offenses require only actus reus,
e.g. traffic offenses
Criminal Defenses
• Ignorance or mistake
are not legally
justifiable defenses
• A defendant can be
held not criminally
responsible on
account of:
mMental disorder
mIntoxication under
certain circumstances
mDuress
mNecessity
mSelf-defense
mEntrapment
Perspectives
Consensus
Conflict
Interactionist
View of Crime
The law defines crime; agreement
by members of society; laws
apply to all citizens equally
The law is a tool of the ruling
class to control the underclass;
crime is politically defined; thus,
real crimes are not criminalized
Moral entrepreneurs define
crime; crimes are illegal as they
have been defined that way;
criminal label is life-transforming
TM
permacharts
You're Reading a Preview

Unlock to view full version


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