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State and Federal penal statutes, the violation of which may subject the accused person to government prosecution and result in the imposition of fines, incarceration, community service, and other penalties.
*In general, they encompass those wrongs considered serious enough to threaten the welfare of society |
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| The law created or defined in written enactment by the LEGISLATIVE BODY( State legislatures and U.S congress, in contrast to case Law, which is decided by Courts |
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Rules, Regulations, and enforcements made by agencies to which power has been delegated by state legislatures or the U.S congress.
The power to make rules, interpret those rules and process violations |
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| the system of law concerned with private relations btw members of a community rather than criminal, military, or religious affairs |
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| The Official Power to make legal decisions and judgments |
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| A crime, typically one involving violence, regarded as more serous than a misdeameanoe, and usually punishable by imprisonment for more than one year or by death |
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| Mechanisms through which conformity or compliance may be achieved in society, Informal social control may be achieved through socilization while formal social control relies upon sanctions provided by law |
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| Adhere or abide by rulings in previously settled cases. |
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| Crimes are evil in themselves, such as rape, murder, robbery, arson, aggravated assault, ad serious property crimes, such as larcenty theft and buglary |
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| Public drunkness are considered evil because |
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| Laws concerning propery, divorce, etc.(Judge Judy) not a threat to society so |
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| when jury refuses to enter the verdict of guilty because they don’t agree with the law(e.g. marijuana) |
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| Criminally Liable upon CONVICTION |
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| you are convicted when you enter a plea of guilty or received a veridct of guilty |
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| Bureau of Justice Statistics (BJS) |
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| Tries to furnish an objective, independent, and competent source of polic-relevant data to the gov't and to criminal justice and academic communities |
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| Uniform Crime Reports (UCR) |
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--iT REPORTSS THE CRIME RATE
8 crimes known as Part 1 offenses
VIOLENT CRIMES
-murders & non-negligent manslaughter
-forcible rape
-robbery
aggravated assault
--PROPERTY CRIMES =Residential burglary(burglary/arson theft/auto theft and arson was added later)
• **It calculates things in the crime rate. Number of crimes reported divided by the population per 100,000 people |
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| The National Incident Based Reporting System(NIBRS) |
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| It categorizes crime and collects data according to numerous elements. It views crime and its components (e.g.alohol and drug influence) |
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| The National Crime victimization Survey (NCVS) |
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| This comes from the BJS.It determines how many crimes are not reported and why. Wants to know how many criminals as opposed to the crimes |
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| (interviews or anonymous questionarties)This self-report method was introduced by James F. Short and F. Ivan Nye |
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| The National Youth Survey (NYS) |
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| based on interviews conducted with adolescents over a 5 year period |
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| The Crime Classification System (CCS) |
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| The harm suffered by the victim and the context in which the criminal activity occurs. It measure the degree of severity. |
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| National Hisory Improvement Program (NCHIP) |
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| It awards funding and technical assistance to states to assist them in providing the quality and timeliness of the criminal history and other records of crime suspects |
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| Assumption that there is a distinciton btw criminals and non-criminals. This is an error in interpreting data because a non-criminal doesnt necessarily mean that they haven't broken the law |
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| EXPLANATIONS OF CRIMINAL BEHAVIOR |
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He was a philosopher who belieed that the punishment should fit the crime rather than be individualized for the criminal. Blieved society influenced the individual and vie versa(agreement). The social contract theory was the foundation to his theory. FREE WILL.
Believed in HEDONISM which means that humans choose to act in ways that gives them pleasure to avoid pain , so punishment should be assigned to each crime in a degree that results more in pain than in pleasure. |
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| Choose pleasure to avoid pain. Punishment should fit the crime.Referred to his philosophy of social control a utalitarinaism, a philosophy that makes the happiness of the individual or society the main goal and the criterion for determinign what is morally good and right |
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| Believed in Free Will. They thought the penalties were too harsh and instead emphasized the need for an individual reaction to offenders. * There was a sepration of treatment for Juveniles,children under age of 7 wouldn't be liable bc they didn't know right from wrong. Also, people with mental diseas were exempt. Basically,any circumstance that made it impossible to excercise free will. |
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| The Positivist School(Italians- focused on a scientific approach) |
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*Rejects
Believed in determinism-lure of free will and that the structure of the body determines behavior. In the idea that you are made that way/biological viewpoint rather than free will. |
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| Cesare Lambroso (Positivist) |
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:eader of the Positivist,"the father of moderm criminology".
He rejected the notion of free will. |
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| Raffaele Garofalo(Positivist) |
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| He rejected classical notions. He agreed with Sambroso.Although he agreed with Sambroso he disagreed in the fact that he didn't think the differences were biological, it was inherited but not something you could see. It was not free will |
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| Rejected the notion of free will. Believed that crime is produced by society. His work "Law of Criminal Saturation" focused on society. Crime coud only be corrected if society changed |
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| Penalties that are inflicted by the power of the state- |
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| Cruel and Unusual Punishment |
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| punishments that amounts to barbarity/torture |
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| Makes it impossible for a person to commit a crime(e.g chopping peoples hands/castration/death penalty) |
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| Retribution/Revenge/Retalliation |
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Back in the day, families were permitted to act against criminals,punishment for a punishment
is okay. Foundation of "an eye for an eye"
Retribution provides the rationale for the modern punishment and sentencing approach known as the JUSTICE MODEL/JUST DESERTS |
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| A negative motivational influence |
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| Making them learn to make better choices/desire for medical treatment |
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| Individual/Specific Deterrence(Classical/Neo-Class) |
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Refers to the effect of punishment in preventing a particular individual from committing additional crimes
-Punish that person so that they know not to do it again |
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Based on the assumption that punishing individuals convicted of crimes provides an example to others so they wont commit crimes
-I punish you so that others will see and will know that there are consequences |
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| BIOLOGICAL AND PSYCHOLOGICAL THEORIES OF CRIMINAL BEHAVIOR |
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| CESAR LAMBROSO(Positivist) |
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Believed people are born criminal as opposed to free will. Believed that criminals were not merely physically different than non-criminals.Thought that he found a "biological" charateristic that distinguished a criminal from a non-criminl
--Criminaloid=a person motivated by passion or some other emotional characteristic--> criminal behavior
--Insane Criminal= one who is physcotic/unfit for society |
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| measured physique and compared body type with temperament |
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Found a correlation btw Mesomorphy and delinquency
-Again with the idea that their was a genetic factor in criminal behavior |
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Testing the Central Nervous System by:
1-X-ray
2-CAT scan-detects structural problems
3-MRI-detects structureal problems
=Link behavior/crime and damage to the brain(specific area) |
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| Electroencephalogram (EEG) |
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| Positron emision Tomography (PET scan) |
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shows how the brain is working. It has been used to detemine differences btw the thought proesses and emotions of men and women as well a differitiate btw murders and nonviolent criminals.
they use it for criminal uses/Defenses:
-Intent
-Premeditation
-Consciousness
-Penalty Phase mitigation |
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| Post-Partum Depression syndrome |
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A hormone-related diagnosis among women. A case with this issue involves a mother who drowned her 5 children. She was issued an insanity plea. After having a baby, hormones are going crazy which causes depression
symptoms-1depression, 2irritability 3temporal |
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| Stipulate safe places(e.g. hospitals/fire stations) where women can leave their babies no questions asked. |
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The ability of the brain to make up for a deficit by re-wiring itself to compensate elsewhere (e.g. a person who has a stroke)
Question of causality |
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| Autonomic Nervous System** |
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System that controls breathing and heart beat. Correlation btw resting heart rate=>Criminals
Criminals have lower rest heart rate-> fear/hear rate, since theirs is lower than others then they need to get that stimulus of fear so they do crime (theory/correlation) |
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| Attention Deficit Hyperactivity Disorder (ADHD/ADD) |
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| Reffered to as minimal dysfunction, hyperactivity, hyperkinesis ... |
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Criminals were of lower intelligence. Intelligence assumed to be inherited.
Mentall illness->correlation-> crime
26.2.% of 18 years and older have diagnosed mental disorder |
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| Cognitive Development Theory |
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Correlative to crime
the way we organize our thoughts about rules and law known ans MORAL REASONING or when applied to law LEGAL REASONING:
1-(think this until age 13)Preconventional=The belief that rules are sacred and immutable
2-Conventional=The belief that rules are made by people |
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| behavior modification. It can be learned and unlearned |
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People have psychological, that allows them to behave in certain ways:
• 1)external reinforcement- external motivation(e.g. money)
• 2)vicarious -what you notice about other people
3)self-regulating mechanisms- reward and punishment |
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Learn through response through stimuli(e.g. a bell tells a dog its time to eat: (2 types)
1Operant Conditioning-Reward and punishment(e.g. we are rewarded when we do something good and punished when we do something bad)
2Modeling-watching others and learning from it
CORRELATION! NOT CAUSE AND EFFECT |
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| SOCIOLOGICAL THEORIES OF CRIMINAL BEHAVIOR: THE SOCIAL STRUCTURE APPROACH |
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| Study of distribution of crime and its relationship to its environment |
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DIVIDES THE CITY INTO 5:
1-Central Business district/retail
2-Zone Transition-Zone from residential to internal...the one in btw, populated by low income people,key zone for socializationwarehouses/pawnshops/transition
3Working Class-economic status allows them to move out
4Middle Class dwellers-small businesses
5 Commuter Zone/Suburbs
(looking at environmental analysis, correlation of things happening together) |
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| Introd. concept of Defensible space= crime is difficult if the residents give an impression that thye are in control of thheir neighbors |
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| Concept of Broken Windows |
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| an abandoned house and no one is taking care of it...Someone goes and tags it, then more people will do the same thing, downward spiral repetition) |
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Impossible for everyone to act the same, everyone is different, so u need some differentiation- both positive and negative, in order to have right u need to have wrong
FLEXIBILITY |
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| SOCIAL sOLIDARITY(Durkeim) |
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A collective conscious(as a group)
(2 kinds)
-Mechanical Solidarity- dominated by Collective Conscience(an inner feeling) Law manifests this dominance... the reason for Law is to discourage Individuals from acting in a way that threates us as a group, less sophisticated
2Organic Solidarity-Individual Wrong-Law becomes, need division of labor which creates social status, you cant do that bc it hurts as agroup |
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Positive attubutes to people who have attained these goals, approves social needs:
• Strain comes in when they are pressure bc u cant accept them
• How do we react when we have society goals(nice car/house etc/definition of success) but we have limitations that prevents us from attaining these goals?
• -5 modes of adaptation
1-Conformity, accepting goals and mean
2)Innovation, accepting the goals but reject the means for getting them, commit crime (e.g. many times people think that if they study they should get an A but don’t receive an A
3)Ritualism- reject the goals but accept the means…(e.g. go to church because it is accepted but have no actual faith)
4)Retritism- reject both goals and means (e.g. people who become drug addicts/homeless)
5)Rebellion- reject goals and means but substitute for something else
• Conflict btw goals and means |
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| Institutional Anomie Theory (IAT) |
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analysis that the U.S is PROFIT motivated that we are not putting social power high, education is not a goal/religion/social structure is an obstacle and cant reduce crime without reducing capitalist structures
-Our current structure is difficult to fix |
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| AGNU:General Strain Theory (GST) |
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Social Disorganization:
1- Inability to attain our goals bc of something inside urself/individual inadequacy mght lead to anger and a perception of it being unjust
2- When u loose stability- loose a positive stimulus (e.g. death of a parent/ breakup) loss of source of stability
3- The person is confronted by negative stimulus(e.g. bullying, parent who does drugs)
=Create Negative stimulus=action=non-legal manner |
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| Cultural Transmition Theory |
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• -subculture
• -gangs are a cultural phenomena
• -motivation for joining are different
Gang behavior in areas we didn’t see before |
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| The Lower Class Boy and Middle-Class Measuring Rod |
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The lower-class boy accepted the goals of the middle class but was unable to meet htose goals by socially approved means
• -specifically juvenile deliquesce
• -Young men who accepted middle class values but didn’t have the same means
• Developing a subcultural that inverted middle class vlaues
• Engage in non-totalitarian behavior(stealing just because), Malicious(enjoy pleasure in someone else) Negativism. Momentary pleasures
Resist outside pleasure to conform |
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-neutralization/
-delinquents develop their own subcultural but norms are different from society
-rationalize their own norms |
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Different access by legal means
• Person's social/phycology limit their means in legit and illegitimate means.
3 Kinds of Sub-culture:
1-Criminal(successful criminals guide other criminals, not only in how but the
rational/motif/unconventional role models-
2-Conflict- violence as a way of gaining status/frustration- violence
3-Retreatist- someone using drugs |
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• Children who are abused will have a higher chance of violence
• Don’t have the same development- more likely to do drugs and commit delinquent behavior in general |
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• Matriarchal-mother is bread winner and have children in the household--> girls behavior might be more likely to engage in risk behavior
• -without a male role model-> provide no support/discipline for the family
• Equal family |
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• High risk takers
• Increase the likelihood of crime bc we have different expectations as Women
• Authority within the **workplace affects how u are in the family |
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| Economic Marginalization Hypothesis |
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| Women don't have the same access to make money, large amount of the nation poor/low poverty level which can influence criminal behavior |
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• Women are in the workforce
• Take on more masculine roles |
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| Tries to explain Women's behavior. At firs they were property and now they have a place in the workplace |
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| the haves are in control of the have nots and they define those ppl as criminal-do it as a means/strategy to maintain status quot |
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-2 kinds of conflict which in cultutrla conflict thoery
-Primary conflict- 2 cultures clash)e.g. a person kills someone who disrespects their culture/culture defines age/family
-Secondary conflict- occurs when there is an evolution in a single culture(e.g. conflict between old and new, homogenous to a heterogenous, don’t have same solidarity.identity/ society-> creates new culture and might be a clash) |
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| Power and Conflict Theory |
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-social groups are indefinite and the powerful define the norms and violations
-it dismisses the considerable consensus when it comes to crime
-not much deivation from the haves and have nots (we all think roberry/murder as crime)
-when it comes to crime, society we all have the same consensus |
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| Capitalist Society under Conflict Theory |
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Marxist explanation (2 elements)
1- Economic Explanation--> Behavior
2-Belief that u cant solve the problem with the capitalist society |
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-Role of the state
-State is the instrument to control everyone else- remains the status quo |
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| THE SOCIAL-PROCESS APPROACH |
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Gabriel Tarde
-Become a criminal Not born criminal
-Have someone as an example, someone you imitate
1)Fashion vs. Custom:
-Fashion= imitation in crowds/city/requent contact
-Custom=rural/less frequent
*2)Inferior imitates superior
Incertion=older gives way to newer one |
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-de-sensitizes violence
-shaping images of reality (what people think of reality e.g grand theft auto)
-Lessening our restraints c imitation media has an effect on violence but is not the cause of crime
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