Criminological Theory an Introduction to Criminological Theory Third Edition ROGER HOPKINS BURKE
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Realist Criminology and Its Discontents
www.crimejusticejournal.com IJCJ&SD 2016 5(3): 80‐94 ISSN 2202–8005 Realist Criminology and its Discontents Simon Winlow Steve Hall Teesside University, United Kingdom Abstract Critical criminology must move beyond twentieth‐century empiricist and idealist paradigms because the concepts and research programmes influenced by these paradigms are falling into obsolescence. Roger Matthews’ recent work firmly advocates this position and helps to set the ball rolling. Here we argue that Matthews’ attempt to use critical realist thought to move Left Realism towards an advanced position can help to put criminology on a sound new footing. However, before this becomes possible numerous philosophical and theoretical issues must be ironed out. Most importantly, critical criminology must avoid political pragmatism and adopt a more critical stance towards consumer culture’s spectacle. A searching analysis of these issues suggests that, ultimately, criminology is weighed down with obsolete thinking to such an extent that to remain intellectually relevant it must move beyond both Left Realism and Critical Realism to construct a new ultra‐realist position. Keywords Critical criminology; harm; consumer culture; Left Realism; Critical Realism; Ultra‐Realism. Please cite this as: Winlow S and Hall S (2016) Realist criminology and its discontents. International Journal for Crime, Justice and Social Democracy 5(3): 80‐94. DOI: 10.5204/ijcjsd.v5i3.247. This work is licensed under a Creative Commons Attribution 4.0 Licence. As an open access journal, articles are free to use, with proper attribution, in educational and other non‐commercial settings. ISSN: 2202‐8005 © The Author(s) 2016 Simon Winlow, Steve Hall: Realist Criminology and its Discontents Introduction As one of the original architects of Left Realism, Roger Matthews is too well‐known for us to have to outline his many achievements and his influence on the discipline. -
Levitt Sample.Qxd
Detailed Table of Contents Foreword xviii Preface xx Acknowledgments xxiv Dedication xxv Section I. Introduction and Overview of Crime and Criminology 1 What Is Criminology? 2 What Is Crime? 2 Crime as a Moving Target 2 Crime as a Subcategory of Social Harms 3 Beyond Social Construction: The Stationary Core Crimes 4 Criminality 5 A Short History of Criminology 6 The Role of Theory in Criminology 8 What Is Theory? 9 How to Think About Theories 10 Ideology in Criminological Theory 11 Connecting Criminological Theory and Social Policy 13 A Brief Word About the Section Readings 15 Summary 16 Key Terms 17 Exercises and Discussion Questions 17 Useful Websites 18 How to Read a Research Article 19 The Use and Usefulness of Criminology, 1751–2005: Enlightened Justice and Its Failures 20 READING 23 1. The Use and Usefulness of Criminology, 1751–2005: Enlightened Justice and Its Failures 23 Lawrence W.Sherman A short history of criminology and a cry to make it useful and experimental. Section II. Measuring Crime and Criminal Behavior 32 Categorizing and Measuring Crime and Criminal Behavior 32 The Uniform Crime Reports: Counting Crime Officially 33 Cleared Offenses 36 Problems With the UCR 36 NIBRS: The “New and Improved”UCR 37 Crime Victimization Survey Data and Their Problems 38 Areas of Agreement Between the UCR and NCVS 40 Self-Reported Crime Surveys and Their Problems 40 The Dark Figure of Crime 41 What Can We Conclude About the Three Main Measures of Crime in America? 43 The FBI’s Ten Most Wanted 43 Summary 44 Key Terms 45 Exercises and Discussion Questions 45 Useful Websites 46 READINGS 46 2. -
Criminology in Europe
Prague Welcomes the ESC Miroslav Scheinost on Crime and Criminology in the Czech Republic 1 MESSAGE FROM THE PRESIDENT Michael Tonry IS THERE, SHOULD THERE BE, ����| 2 A EUROPEAN CRIMINOLOGY? VOL. �� The question in the title could be Criminology in Europe is published by the European Society of Criminology. interpreted in a number of ways. It could mean, is there and should there Web www.escnewsletter.org be a recognisably European scholarly Editor CSABA GYŐRY community of people interested in Editorial office: crime and the justice system? The Max Planck Institute for Foreign and answers are obvious. Yes and yes. International Criminal Law Günterstalstrasse 73 From the organisation of the Euro- 79100 Freiburg i. Br. pean Steel and Coal Community Phone: +49 (761) 7081-314 under the 1951 Treaty of Paris through Fax: +49 (761) 7081-294 the creation of the Council of Europe Email: [email protected] and the latest contortions of the The European Society of Criminology is a European Union, serious efforts have scientific institution founded under the Literary and Scientific Institutions Act 1854, a statute of been underway to fashion a geopo- the Parliament of the United Kingdom. litical Europe that is greater than the President MICHAEL TONRY sum of its parts. Part of that effort in President-Elect GERBEN BRUINSMA every field has been to foster cross- Past President VESNA NIKOLIĆ-RISTANOVIĆ national interactions and institutions Executive Secretary MARCELO AEBI at the European level. Journal Editor PAUL KNEPPER Except for scholarly communities within countries or language group- Newsletter Editor CSABA GYŐRY Member KLAUS BOERS ings, and relatively small numbers of individuals involved in European expert Member DINA SIEGEL groups, until recently it would have been hard to claim there was a European Member MIKLÓS LÉVAY criminological community. -
Foundations of Criminology Boris Brasol
Journal of Criminal Law and Criminology Volume 17 Article 2 Issue 1 May Spring 1926 Foundations of Criminology Boris Brasol Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Boris Brasol, Foundations of Criminology, 17 Am. Inst. Crim. L. & Criminology 13 (1926-1927) This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. FOUNDATIONS OF CRIMINOLOGY BORis BRASOL1 PREFACE Among the vital problems confronting civilized mankind, the sin- ister phenomenon of criminality occupies a prominent place and engages ever-increasing attention toward its scientific solution on the part of both the jurists and the general public. Modem thought is no longer content with the scholastic inter- pretation of crime based upon abstract legal formulas inscribed in penal codes, but it seeks to explain the complex nature of the criminal deed in the light of the latest discoveries of biology, psychology, anthropology and economics. Positive criminology had departed-and therein lies its great achievement-from the traditional path of the classical school which dealt with crime quite apart from the realities of every-day life; meta- physical conception which reduced the whole study of criminality -
Criminal Man” Distribute Cesare Lombroso 1836–1909 University of Pavia and University of Or Turin, Italy Often Called “The Father of Modern Criminology” Post
2 The Search for the “Criminal Man” distribute Cesare Lombroso 1836–1909 University of Pavia and University of or Turin, Italy Often called “the father of modern criminology” post, efore we examine the content of this chapter, it is important to remember a few of the B cautionary comments offered in Chapter 1. By keeping these ideas in mind, we more than likely will be successful in accomplishing the goal of introducing you to the context and consequences of criminological theory. We want you to remember that the search for explanations of criminal behavior is not easy because we copy,constantly must guard against our biases, mistaken perceptions, and prej- udices. Unless we maintain our intellectual guard against these problems, our learning will be severely limited. This will become obvious as we study the following chapters and learn that many theories of crime that have experienced popularity with the public and profes- sional criminologists also have been criticized for having serious blind spots. Unfortu- nately,not the blind spots often have contributed to the creation and implementation of official policies that have produced results as undesirable as crime itself. Although it is impossible to develop perfect policies, we must keep in mind the fact that theories do influence the policies and practices found in criminal justice systems. Do It is important to remember that the explanations of crime, whether they are created by the public or by professional criminologists, are influenced by the social context from which they come. This means that the social context will consist of perceptions and inter- pretations of the past as well as the present. -
Analyzing the Application of Competing Theories of Justice Into American and Pakistani Policing Strategies James F
Pakistan Journal of Criminology Vol. 9, Issue 3, July 2017 (1-24) Analyzing the Application of competing Theories of Justice into American and Pakistani Policing Strategies James F. Albrecht* Abstract Law enforcement agencies across the United States have implemented a number of enforcement philosophies since 1960 in an effort to counter rising crime rates, violence, and prolific victimization. The primarily reactive deployment of police resources in the 1960s and 1970s had proved to be ineffective. With drug related violence escalating, frustrated American police administrators opted to implement community policing with its proactive crime reduction and problem solving approaches. Crime control results were limited before showing signs of improved effectiveness in the mid-1990s. Many government and police leaders, as early as 1994, often instituted a ‘zero tolerance’ enforcement mandate, which directed that the police universally address both serious crime and quality of life infractions. Combined with timely crime analysis, the proactive arrest-oriented strategies quickly drew the attention of government and police leadership across the United States and internationally as crime rates in America continued to plummet. As a result, the ‘get tough on crime’ mindset rapidly replaced the neighborhood and public oriented approaches fostered by the traditional models of community policing. American state, regional, and local police agencies had thus shifted their enforcement strategy from one supporting the ‘left realism’ community focused theory of justice to one that has firmly grasped the ‘right realism’ crime and disorder control based ideology. However, with occasional allegations of racial profiling and police brutality following rare but dramatically sensationalized incidents, the reported successes of American crime control tactics may need to be re-evaluated. -
Deviance and Social Control: New Right Realism
Deviance and Social Control Deviance and Social Control: New Right Realism © Chris.Livesey: www.sociology.org.uk New Right Realism Deviance and Social Control New Right Realism Introduction If New Left Realist approaches to the study of crime and deviance owe some kind of debt to past theories of deviance, the same is true of New Right Realism. In this instance, however, the origins of New Right Realism lie in both Control Theory and, as you might expect, political Conservatism. Unlike the form of "Marxist Realism" of New Left Realism, the "realist" aspect of the neo-conservative theories grouped under the heading of the "New Right Realism" relates more to a "realistic" view about the causes of crime and deviance than to a particular set of methodological principles. In this respect, New Right Realist forms of analysis are, as we shall see, grounded squarely on positivist methodological principles. Thus, the "realistic" assessment of the causes of crime (a concept that’s used very loosely here since it’s probably fair to say that New Right Realism is not unduly concerned with concepts of causality in relation to crime and deviance) and, most importantly, its prevention, proposed by New Right Realists focuses on the idea that the reality of crime is very much a "what you see is what you get" principle. If we look at two of the organizational principles under-pinning New Right Realism, this idea should become a little more clear... 1. Ideologically, New Right Realism is, as I’ve noted, stridently Conservative in its political stance (which is not, of course, to say that this is a "bad thing", any more than the Marxism of Radical Criminology or New Left Realism is a "bad thing". -
The Impact of COVID-19 on Youth Offending
THE UNIVERSITY OF HULL DEPARTMENT OF CRIMINOLOGY AND SOCIOLOGY The impact of COVID-19 on youth offending Being a dissertation submitted in partial fulfilment of the requirements for the degree of BA (Hons) Criminology with Psychology May 2021 LEANNE JADE KNOWLES Abstract When estimating the potential impacts of the COVID-19 crisis on youth offending, it is important to consider traditional theories of crime. This literature review aims to determine which of the secondary impacts of the pandemic have influenced crime during the crisis and can predict changes to crime rates in the future. Existing theories of crime such as ‘anomie’, control theories and the right realist perspective of offending can identify crime predictors and risk factors that may be aggravated by the COVID-19 pandemic. The following review contains secondary research of personal accounts from individuals based on their experiences throughout the pandemic, literature on traditional theories of crime can be compared with the main issues raised by this research. The focus of the review is youth offending in the UK. Several theories have been used to explain the impacts of COVID-19 on criminal activity, for example, routine activities theory can help to explain reductions in crime following the national lockdown. Routine activities theory may be able to explain rises in crime when government restrictions are lifted, as opportunities for offending are to increase. Theories surrounding social disorganisation can be used to draw links between unemployment and youth crime. Disruptions in the structure of society are expected to increase criminal activity due to an increase in anomic frustration. -
UNIT 3 THEORIES of CRIME Criminal Behaviour
Causes Underlying UNIT 3 THEORIES OF CRIME Criminal Behaviour Structure 3.0 Introduction 3.1 Objectives 3.2 Definition of Crime 3.3 When an Act is Considered a Crime 3.3.1 Harm 3.3.2 Illegal 3.3.3 Malafide Intention 3.3.4 Criminal Intention 3.3.5 Concurrence of Intention and Conduct 3.3.6 Casual Relationship 3.3.7 Prescription of Punishment 3.4 Schools of Thought 3.4.1 Pre-Scientific or Demonological School 3.4.2 Free-Will School 3.4.3 Classical School 3.4.4 Ecological School 3.4.5 Geographical School 3.4.6 Typological School 3.4.7 Socialistic School 3.4.8 Sociological School 3.4.9 Positivist School 3.4.10 Italian School 3.4.11 Lacassagne School 3.4.12 Chicago School 3.5 Traditional and Modern Theories of Crime 3.5.1 Social Structure Theories 3.5.2 Social Disorganisation (Neighbourhoods) 3.5.3 Social Ecology 3.5.4 Strain Theory (Social Class) 3.5.5 Sub Cultural Theory 3.6 Individual Theories 3.6.1 Trait Theories 3.6.2 Control Theories 3.6.3 Symbolic Interactionism 3.6.4 Rational Choice Theory 3.6.5 Routine activity Theory 3.6.6 Neo-Classical School 3.6.7 Social Control Theory 3.6.8 Drift Theory 3.6.9 Rational Choice Theory 3.7 Complexity of Crime in Modern Times 3.8 Let Us Sum Up 3.9 Unit End Questions 3.10 Glossary 3.11 Suggested Readings 45 Approaches to Understanding Criminal 3.0 INTRODUCTION Behaviour Crime is an anti-social behaviour which a society rejects and to which it attaches penalties. -
Encyclopedia of Criminological Theory
Encyclopedia of Criminological Theory Garofalo, Raffaele: Positivist School Contributors: Francesca Patuelli Editors: Francis T. Cullen & Pamela Wilcox Book Title: Encyclopedia of Criminological Theory Chapter Title: "Garofalo, Raffaele: Positivist School" Pub. Date: 2010 Access Date: September 12, 2014 Publishing Company: SAGE Publications, Inc. City: Thousand Oaks Print ISBN: 9781412959186 Online ISBN: 9781412959193 DOI: http://dx.doi.org/10.4135/9781412959193.n97 Print pages: 353-356 ©2010 SAGE Publications, Inc. All Rights Reserved. This PDF has been generated from SAGE knowledge. Please note that the pagination of the online version will vary from the pagination of the print book. SAGE ©2010 SAGE Publications, Inc. All Rights Reserved. SAGE knowledge http://dx.doi.org/10.4135/9781412959193.n97 Raffaele Garofalo was born November 18, 1851, in Naples into a noble family of Catalan origin and is considered one of the main exponents of the Positivist School of Criminology. He enjoyed a rich and successful career as a lawyer, with prestigious Bench and Ministry of Justice assignments and was active until his death on April 18, 1934. Garofalo was Cesare Lombroso's disciple with whom he collaborated on the Archives of Psychiatry, Anthropology and Penal Sciences together with the third representative of the “glorious triad” (as Grispigni wrote of the three founders of the new school in the Dictionary of Criminology in 1943, p. 398), the lawyer Enrico Ferri. In his work, Garofalo systemized the theories of his teacher and tried to give a juridical position to the new criminal theories. One of the characteristics of Garofalo's work, which stemmed from his professional background, was the strong attention given to the practical aspects of the reform. -
1 WORKING DRAFT NOT YET COPYEDITED This Article Will
WORKING DRAFT_NOT YET COPYEDITED This Article will appear on Vol. 18, Issue 3 of the New Criminal Law Review (July 2015) THE 100-plus YEAR OLD CASE FOR A MINIMALIST CRIMINAL LAW (Sketch of a General Theory of Substantive Criminal Law) Mike C. Materni* ABSTRACT Criminal law defines the system of government of which it is the political expression; thus having a normative theory of substantive criminal law is paramount. U.S. criminal law has developed in the absence of such overarching theory, and is now plagued by overcriminalization. This article advances a model of a minimalist criminal law grounded on strong normative principles that are presented and defended not from the perspective of metaphysics or moral philosophy; but rather, in a historical and comparative perspective, as a matter of political choice. Core among those principles is the idea that in a liberal democracy the criminal law should be seen as the extrema ratio, or option of the last resort. After laying out and defending the model, the article deals with issues related to its implementation, advancing an argument for the constitutionalization of substantive criminal law. The article argues that, on the basis of existing yet overlooked constitutional doctrine, criminal laws should be subject to strict scrutiny. I. INTRODUCTION: WHAT TYPE OF CRIMINAL LAW? ................................................................ 2 II. FROM THE ANCIEN RÉGIME TO THE CLASSICAL MODEL OF LIBERAL CRIMINAL LAW: FRANCESCO CARRARA AND THE CLASSICAL SCHOOL. .................................................. 8 I) CARRARA’S GENERAL PRINCIPLES OF CRIMINAL LAW ............................................................................... 10 II) THE “CLASSICAL MODEL” OF LIBERAL CRIMINAL LAW ............................................................................ 14 III. THE CASE FOR THE “CLASSICAL MODEL”: A LESSON FROM HISTORY ........................ -
Predisposition and Positivism: the Orf Gotten Foundations of the Entrapment Doctrine T
Journal of Criminal Law and Criminology Volume 103 | Issue 1 Article 3 Winter 2013 Predisposition and Positivism: The orF gotten Foundations of the Entrapment Doctrine T. Ward Frampton Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons Recommended Citation T. Ward Frampton, Predisposition and Positivism: The Forgotten Foundations of the Entrapment Doctrine, 103 J. Crim. L. & Criminology 111 (2013). https://scholarlycommons.law.northwestern.edu/jclc/vol103/iss1/3 This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/13/10301-0111 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 103, No. 1 Copyright © 2013 by Northwestern University School of Law Printed in U.S.A. PREDISPOSITION AND POSITIVISM: THE FORGOTTEN FOUNDATIONS OF THE ENTRAPMENT DOCTRINE T. WARD FRAMPTON* For the past eighty years, the entrapment doctrine has provided a legal defense for defendants facing federal prosecution, but only for those lacking criminal “predisposition” prior to the government’s inducement. The peculiar contours of this doctrine have generated significant academic debate, yet this scholarship has failed to explain why the entrapment doctrine developed as it did in the first instance. This Article addresses this gap by examining competing views on criminality and punishment in America during the doctrine’s emergence, highlighting the significant, though largely forgotten, impact of positivist criminology on the early twentieth-century legal imagination.