Lecture 1
Overview and Brief History
Overview
• Defining crime
• Prisons
• Classical views of crime
• Positivist theories of crime
• Crime and selfcontrol
• Early research on delinquency
What is a crime?
• Two types of crime:
mala phohibita = some behaviors are considered crimes because they are prohibited
Some things are criminal as a society because we consider it wrong
Example: Drug use = arbitrary decision, in some places and times that is not considered a crime
Prostitution = only punishing the person purchasing it ▯ arbitrary (Netherlands)
mala in se = the act is bad in itself, inherently wrong with the act and therefore its criminal; considered wrong everywhere
Example: Murder
• Two types of guilt:
actus reus = proof that the person has done/engaged in the crime
mens rea = person has to have a guilty mind; the intention to do it
• Universally condemned crimes involve intentionally injuring a fellow group member or depriving that person of property (Ellis & Walsh,
2000)
Intention = by accident it is typically not considered a crime
Victim = someone is losing something or being hurt
Drones in Afghanistan sent by USA – not considered a crime
• Textbook: Criminal behavior refers to intentional behavior that violates the criminal code
Manslaughter = intended some harm
Some common definitions
• Problem behaviors
Behaviors that break social norms Used with studies of children and teenagers = goes against what we would expect from people/society
Example: Child who is impulsive – banging and making loud noises during class (disruptive)
• Antisocial behaviors
Behaviors that break social contracts
Contracts – informal, rules that we are socialized into about how to behave
Example: Lying because there are certain expectations in society; breaking agreement
• Criminal behaviors
Behaviors that are considered illegal
Social formal contract – written down
Example:
• Delinquent behaviors
Behaviors that are considered antisocial or illegal and engaged in by juveniles
Typically refer o behaviors that are both but committed by young people/teenagers
Example: Teenager stealing
• Nonviolent crimes
Crimes against a person without direct physical contact or proximity, or crime with no specific victims
There is a victim, but no direct contact
Example: Fraud/ White collar crime/ Insurance Mail Fraud (Canada Post) Selling Drugs
Stealing persons belonging in home + Over internet
• Violent crimes
Crimes against a person with a direct physical contact or proximity, or involving the threat of or actual serious harm (any kind of harm)
Example: Direct physical contact with a victim; Sexual assault; Stalking
Depends on context
• Felony Offense
Any violent or property offences
• Misdemeanor
Everything else
• Forcible rape
Corneal knowledge of a female forcible and against her will
Example: Date – someone wants to have sex with you; penilevaginal intercourse if the victim is a female
What are the most common types of crime? • Property crime = nonviolent
• Administration of justice charges (offences related to case proceedings such as failure to appear in court, failure to comply with a court
order, breach of probation, and unlawfully at large) account for almost one quarter or charges before the courts (24%)
• Apart from charges of administration of justice, impaired driving, which has decreases in each of the last three years, is the most frequent
federal statute charge in adult courts (9%)
• Most common adult offence charge is impaired driving
• Common assault = spitting on someone if they bother you
• Uttering Threats = freedom of speech in the US, threats are not a wrongful act
More violent, less reported
• Pattern of relative frequency of crimes = more frequent are nonviolent
Inverse relationship between crime severity and crime frequency
What are the most serious or severe crimes?
• 0 = not at all severe; 10 = most severe
• Law= relative ranking of severity of crime is fairly constant across different groups of people, time/places (overall consistent)
Women apply higher severity score (number are higher but ranking is similar)
Old people more than young
• Uganda serious offence to have sex with same sex gender ▯ lead to capital punishment
Severity ratings by Texas adults (Warr, 1989) Scale of 010
• Robbing a store and killing two employees 9.87
• Setting fire to an occupied apartment building 9.15
• Killing a pedestrian while speeding 8.78
• A teenager hitting an old woman in the street 8.14
• A teenager forcing his girlfriend into sex 7.67
• Stealing an unlocked car 6.69
• Evading $500 in federal income taxes 5.07
• Painting obscenities on a highway billboard 3.92
• Writing a bad check for $10 to a store 3.87
• Trespassing in a railroad car 2.37
CormierLang Criminal History Score (for violent offenses)
Graph = how much more severe are these crimes compared to stealing a bike
Quantify behavior
Might be possible to quantify crimes Examples:
• Homicide 28
• Aggravated sexual assault 15
• Armed robbery 8
• Attempted murder 7
• Kidnapping 6
• Assault with a weapon 3
• Much consistency in ratings of the severity of crimes
• Criminal behaviour can be quantified
Stats Canada = Crime Severity Index
Reduction in the severity of crime?
When crime rate changes, changes for all types of crime all at once
Why people do the things they do?
• Predictor
Past criminal behavior is a good predictor of future behavior
Quantify? Measure to score someone’s criminal history (frequency and severity)
Look a surveys and ask people to rank
Simply add up the weights
The more severe the crime, the higher the score
Depends on the reason for assessment = 10% or 50% likely
Prisons
• Goals of sentencing (why?)
Rehabilitation = maybe people will learn something through experience in prison, which will reduce the chance they will commit
the crime later; reduce criminal tendency – through aversiveness or treatment programs ▯ better person who can adapt to prosocial
society
Punishment = when you do something bad, you should suffer some negative consequences ▯ they deserve it; injustice, we feel
bad about it if they are not punished
Deterrence (General)= Make an example of someone – this will happen to you so don’t do it; hope it will affect everyone in a
social group
Deterrence (Specific) = prevent the person receiving sentencing to commit another crime
Public Safety = maintain public order; protect society from that person; having dangerous people away from people so they can’t
cause harm
Social Control = controlling what is going on in society Are these goals achieved?
Make it worse? – develop bad habits, learn new things, around bad influences
Public Safety? No – Country with most people still has the highest crime rate USA
30 000 People in Canada in prisons
General? – impulsive behavior, doesn’t have an impact
Study = time between thinking and doing it was on average 15 minutes
Crime is not usually planned, happens on spur of the moment
• The evolution of prisons
late 1700s
First established
Places to detain people were not intended for criminals, they were for people who disturbed public order (poor, mentally ill, drunk)
Some were executed – dealt quickly and severely
Vigilante justice at the time = people taking justice in their own hands – group of neighbours go after someone
18201830s (Pendulum swing Rehab to Punishment)
Used more and more to deal with criminals
Strong movement to rehabilitate people in prisons in those years
Use prison as a society to teach people how to become/behave like good citizens
Goal – stable environment with lots of discipline
This should be done in silence ▯ no talking
Pennsylvania System = total silence and solitary confinement all the time
Overt System = allowed to be in groups, but still were not allowed to talk
Bad conditions, complete failure, still committed crimes
19001940s
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