<p> Chapter 1: Introduction Chapter Outline</p><p>This introductory chapter defines criminology is and identifies how the criminal justice system if influenced by the discipline. Criminology is the science that studies crime and criminal behavior. The chapter includes a brief history of the emergence of criminology and how the field has developed through the years. Issues of crime and deviance are discussed as related to Sumner’s types of norms. Concepts of mala prohibitia and mala in se are discussed as well as Gemeinschaft and Gesellschaft societies. Discussion identifies the creation of laws and how social changes mold our system. Competing models of law are investigated, including Consensus, Conflict, and Interactionist models. The cost of crime is investigated by evaluating economic, social, and psychological costs of crime.</p><p>• Criminology • The Emergence of Criminology • Crime and Deviance • Social Change and the Emergence of LawCrime and Criminal LawThe Crime Problem</p><p>Criminology</p><p>Criminology: The scientific study of the definition, forms, causes, and societal reactions to criminal behavior. – Criminology seeks to understand the causal explanations of crime, – Criminal justice the application of systems such as policing, courts, and corrections. – Criminalistics is the scientific study of physical evidence.</p><p>The Emergence of Criminology</p><p> The Progression of Knowledge:  Theological/Supernatural (pre-18th century)  Reliance on religious explanations  Metaphysical  Reliance on philosophy/logic  Scientific  Reliance on rationality with an emphasis on scientific method (measurement, observation, proof, replication, and verification)</p><p>1  Described as a field based on many sciences and disciplines</p><p>The Emergence of Criminology (cont’d)</p><p>• Roots in Europe (late 1700s) – Early frameworks emphasized biological explanations of crime – Emerged at the same time as concepts of criminal law • Cesare Beccaria’s essay On Crimes and Punishments (1764) led to reforms of criminal law in Western Europe • Majorcontributions primarily from United States – Early frameworks were abandoned by American criminologists until recently • Criminology: – Sub-discipline of sociology... – Interdisciplinary (borrows from other disciplines)</p><p>Crime and Deviance</p><p> Deviant Behavior: Behavior outside the majority of society’s expectations  The boundaries of deviant behavior vary by context of place, time, and perspective.  Influenced by cultural values Societies protect values by creating norms  Sumner’s Norms (least to most serious):  Folkways – basic expectations of behavior expected of a culture  (manners)  Mores – moral judgments that include rewards or punishment (lying, stealing) Folkways and mores represent informal social controls  Laws – formal social control</p><p>Crime and Deviance (cont’d)</p><p>• Law is socially constructed • As society becomes more complex, so does the need for formaliz law. • • Mala prohibita: actions that are “bad because they have been prohibited” (acts that are not bad in themselves but because the law says so, often follow group norms)</p><p>2 – Morality crimes • Gambling, drug use, prostitution – Traffic Violations</p><p>• Mala in se: actions that are “bad in themselves” (little disagreement in passing laws against these acts) – Murder – Rape</p><p>Social Change and the Emergence of Law • Undercriminalization: criminal law fails to prohibit acts that many believe are mala in se</p><p>• Overcriminalization: criminal law penalizes acts that many believe are mala prohibita</p><p>Social Change and the Emergence of Law (cont’d)</p><p>Characteristics of Gemeinschaft societies (informal social control): – simple – communal – lack of extensive division of labor – sacred traditions – similar cultures, isolated from others – Folkways and mores largely sufficient to maintain control – Limited need of formal controls (codified law)</p><p>Social Change and the Emergence of Law (cont’d)</p><p>Characteristics of Gesellschaft societies (formal social control): – complex – individualistic – extensive division of labor – largely secular – heterogeneous (pluralistic) --variety of moral views – Increased need of formal controls (codified laws administered by bureaucratic agencies of the state) </p><p>Social Change and the Emergence of Law (cont’d)</p><p>3 • Laws have both manifest and latent functions. • Manifest (intended or anticipated consequences) • Latent (unintended or unanticipated consequences) • Laws are not the most effective means of social control (informal versus formal social control) • Police and the criminal justice system are agents/ agencies of last resort. • An increase in the use of law typically reflects a weakening of informal methods of social control.</p><p>Social Change and the Emergence of Law (cont’d)</p><p> Emile Durkheim Crime:  Is normal  Is a functional necessity in a healthy society  Necessary to confirm values of society or reinforce social solidarity</p><p>“wrongdoing or crime serves to force societal members to react, condemn, and thus establish the borders of and reconfirm societal values. It is this organized resentment that upholds social solidarity.”</p><p>Social Change and the Emergence of Law (cont’d)</p><p>Consensus model: Envisions law as arising from agreement among the members of a society as to what constitutes wrongdoing.  Reflects the “social contract theory” of Locke, Hobbes, and Rousseau.  Criminal law reflects social values important to society  Views criminal law as a mechanism of formal social control.As informal controls become too lax, formal controls (law) becomes necessary</p><p>Conflict model: Sees the criminal law as originating in the conflict of interests between different groups. Laws are viewed as:  Reflecting the interests of the most powerful  Controlling the behavior of the dangerous classes  Crimes of the wealthy are rarely addressed.  A means of preserving the status quo on behalf of the powerful.</p><p>4  Interactionist model:. views humans as responding to abstract meanings and symbols as well as to concrete meanings  takes its name from the symbolic interactionist school of criminology  Crime is viewed as a label created in response to societal reactions to deviant behavior</p><p>Crime and Criminal Law</p><p> A purist legal view of crime describes it as an act that violates a criminal law against not only the “victim” but against the state</p><p>Four Characteristics of Law 1. It is assumed by political authority. a. State (political authority) brings charges against a person 2. It must be specific, defining both the offense and punishment. 3. The law is uniformly applied. Equal punishment regardless of who commits acrime 4.The law contains penal sanctions (punishment) enforced by the state. </p><p>Crime and Criminal Law (cont’d)</p><p>Crime ”is an intentional act or omission in violation of criminal law, committed without defense or justification, and sanctioned by the state as a felony or misdemeanor.” (Tappan, 1960, p. 10)</p><p>Felonies: Generally refers to offenses punishable by a year or more in a state or federal prison.</p><p>Misdemeanors: Less serious offenses punished by less than a year in jail.</p><p>Crime and Criminal Law (cont’d)</p><p>In U.S. criminal law, an act must meet the following to be considered a crime: 1. The act is prohibited by law and includes legally prescribed punishments prior to the violation. 2. A criminal act, “actus reus” (the act itself, or the physical element), must take place. 3. Social harm of a conscious, voluntary nature is required. There must be injury to the state or people.</p><p>5 4. The act is performed intentionally (negligence and omission may be exceptions). 5. The voluntary misconduct must have directly or indirectly caused harm.</p><p>Crime and Criminal Law (cont’d)</p><p>• Crime was originally a private matter • Has evolved to wrongdoing against the state • Fines and compensation is paid to the state as the wronged party</p><p>Crime and Criminal Law (cont’d)</p><p>Criminal law includes: • Legislative statutes (statutory law) • Case law (common law) o Based on judicial decisions from precedence/previous decisions • Administrative law o Enforced by federal regulatory agencies</p><p>The Crime Problem</p><p>• Should criminologists restrict their inquiry solely to acts in violation of criminal law?</p><p>“social science of the 1960s typically focused on the symptoms of social ills rather than their sources: criminals, rather than the law; the mentally ill, rather than the quality of life; the culture of the poor, rather than the decisions of the rich; the “pathology” of the ghetto, rather than problems of the economy” Sociological views of crime expand beyond those convicted of crime from a legal perspective – ”Crime in the streets” versus “crime in the suites” – It would be difficult to study crime across time and geography, due to the changing nature of law or the social context of crime – The Crime Problem (cont’d) • It is next to impossible to assess the cost of crime – Economic – Psychological – Social The Crime Problem (cont’d) Crime and the Media</p><p>6 • Media coverage of famous trials: o Bruno Hauptmann (murder of Charles Lindbergh Jr. in 1935 o O.J. Simpson • Federal Courtrooms ban cameras</p><p>Chapter Summary</p><p>• Criminology • The Emergence of Criminology • Crime and Deviance • Social Change and the Emergence of Law Crime and Criminal LawThe Crime Problem Key Concepts</p><p>Conflict Model of Law Consensus Model of Law Costs of Crime Crime Criminal Law Criminology Deviance Felonies Folkways Functional Necessity of Crime (Durkheim) Gemeinschaft Gesellschaft Interactionist Model of Law Latent Functions Laws Mala in Se Mala Prohibita Manifest Functions Misdemeanors Mores Norms Overcriminalization Progression of Knowledge Undercriminalization</p><p>7</p>