CRJC1000 Jan15th Lec 2.docx

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Criminology and Criminal Justice
CRCJ 1000
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CRJC 1000Lec 2thJanuary 15 2013What Is A Crime 3 main options to define what is a crime 1Malum in se crime is something wrong in itself some behaviours are criminal in nature Normative ApproachGarofalo Malum Prohibitum acts that are wrong because they are prohibited VS Malum In SeProject was to provide criminology with a stable object natural crimes an object that will not be dependent on political and legislative activities he called them natural crimes crime is a behaviour against the nature of men in the nature of men to be honest and not to betray pity is in the nature of man to care of othersempathy Natural Crimes refer to stealing and various forms of violence He ontologized crime crime as being independent from the observers crime is something within itself not dependent on culture Newburn crime does not exist in itself label opposite from Garofalo Garofalo Crimes that simulate a very high and strong social reactionconsensus There is the problem of inconsistency Lying would be a form of natural crime Problem of assuming that crime is duplicity lack of pity assisted suicide would be an example 2Deviance norm behaviour that s unusual Two ways to produce deviance Angle Bracket and Average reproduce the normative and Factual ApproachAngle Bracket Normative Looks at the essence of things how things are in nature and how they shouldmust be NormalityAbnormality Prescriptive it says how reality ought to be Average Factual Looks at things how they actually aresocial existenceIs it usual for people to In relation to a group of preference in relation to fact what is unusual what is less common DescriptiveNorms can be either formal or informal Criminal norms are always formal and always accompanied by an enforcement apparatus Criminal Norm is always prescriptive prescribes punishment it applies to everyone 3Laws product result of criminalization Legal Formalism What is a crime in the criminal code Looking at laws in the book only Process of law making is left in criminologys blind spot Doesnt look at how criminal law is being enforced or how it is being used by various social actors
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