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Lecture 2

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Criminology and Criminal Justice
CRCJ 1000
Nicolas Carrier

CRCJ 1000 Lecture 2 Notes January 15 2012 What is Crime? - Malum in se: some behaviors are criminal in nature - Deviance: breach of norm, unusual activity - The very product of law in action=criminalization *Criminology takes a factual or normative approach Normative approach: suggests some standards on what is regarded to be a crime Crime as Wrong in itself= Normative - Malum Prohibitum: acts that are wrong because they are prohibited - Malum In Se: acts that are wrong in themselves Raffaele Garofalo called crimes natural (Crime is a behavior against a nature of man) - Stressed toe be loyal and honesty - Pity: to care about others and to be touched when people are in a bad state - He ontologized crime - Crime ontologized: crime is being independent from observers *treated something by itself (Problems of Inconsistency) Hagan’s Pyramid of Crime - High, Medium, Low (Harm, Consensus, Reaction) - Conflict, deviations, diversion Crime - Anything that violates human rights is a crime - Green Criminology: crimes against the environment and the earth *Example: Pollution Criminologists produce theories why people commit these crimes Deviance - Association of the criminal and the deviance - Two ways to produce deviance - Angle: normative approach  The essence, how things must be  Normality/Abnormality  Prescribes what to be  Example: - Average: factual approach  How are things in the social existence  Usual/Unusual  Descriptive position  Example: *Criminal norms are always accompanied by an enforcement apparatus - What happens if you do something? Informal Social Norm Example: don’t pick nose in public Formal Social Norm Example: - Criminal norms are maintain counter factually Crime as Laws Product Legal Formalism: a crime is a crime that is in the criminal code *formally prohibited in the criminal code - Others view this as not satisfactory; crime should be looked both in books and in action - Factual approach should be taken (looking at crime factually) - Crime as constituted reality or as social construction * Example: the act of killing someone will be considered a crime depending on various factors (Killing during the act of war not considered a crime) - The consequence of labeling something as a crime= followed by punished (justice) - Decision on what is ought to be punished (political) Criminology as Communication - Criminalization leads to denunciation (expresses views) Penal Populism: the political exploitation of the fear o
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