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R 1 Winei Qi mino ogquot p Tine dmineiogee Emes pree Criminal StatisticsCrime Measurement 4 3 Sociology of LawLaw and SocietySooioiegg Studies 39 delieiee and Ieedeeib 1e Ceimineleey gsxao l y1 g gimme SEXomzmogesieg ngoiasrgnggfglf4 g quot 4 4 U A Deveioping Theoriee oijri rn39e i i i fiat e 39 1 1 39 v i 4 understanding and Describing Cri mina B EHai inlrii 394 f Georgefziimme nnanphoto 011 3995 Eggplanthe an 4 4 i o i Penologyz Punishment anctionS Corrections32 g 4 M 4 H quot n d39dievian e ogmc mo ogyoq39 quot 39 x J I it 1 1 a o fhe 39 quotn39al law CiassicalCriminologii 39 39 9quot 739 Positivistocriminoiogy h3 a f9 I aj lusf ezpf999jsss 39SociologiCalCriminology 4 o 4 i ampimmlbgy 1 I Con ictcrimindiagy 3 DevelopmentaiCriminology Con cemporarig Grim noloj g 39 gt mm or damage 39 o 394 o I h f gquot 3 m P Sex offender registration lists help deter potentialioffenders and reduce the incidence of child molestation Criminais and victims are two totally different types of people criminology The scientific study of the nature extent cause and control of r criminal behavior 2 deviant behavior Actions that depart from the 39 social norm Some are considered criminal others merely harmless 39 aberrations criminal justice 3 System made up of the agencies of social control such as police departments courts and correctional institutions that handle criminal offenders criminological enterprise The various subareas included within the scholarly discipline of criminology which taken as a whole define the field of study Chapteri CHlMEANDCBIMINOL OGY Even though in this case Zimmerman was a civilian the Martin riminai StatisticsCrime Measnrgmmyy case focused attention on the practice of racial profiling by the police Did Zimmerman single Martin out because he was a black teen Some people believe that police officers are more likely to stop search and arrest minority youth than white youth1 If Zimmerman believed that a young black man such asTrayvon Martin posed a special danger was he engaging in racial profiling Another aspect of the case that drew interest was Florida39s quotstand your groundquot law which allows the use of deadly force when a person reasonably believes it necessary to prevent the commission of a quotforcible felonyquot including carjacking robbery and assaultTraditional selfdefense laws allow people to use deadly force only when they reasonably believe their lives are in danger39l he Florida law allows average citizens to use deadly force when they reasonably believe that their homesror vehicles have been illegally invaded Deadly force is allowed in these circumstances because the victim can assume that the unlawful entry will eventually involve the use of force or Violence so they can take preemptive measures The subarea of criminal statisticscrime measurement involves calculatin the amounts and trends of criminal activity How much crime occurs annual 7gWho commits it When and Where does it occur Which crimes are the most seriozs Crnnmologists interested in computing criminal statistics focus on creati all and reliable measures of criminal behavior mg m m 1quot e To analyze the activities of police and court agencies they formulate techniques for collecting and analyzing institutional records and activities a To measure criminal activity not reported to the police by victims they develop survey mstruments that estimate the percentage of people who commit crimes but escape detection by the justice system a To identify the victims of crime they create surveys designed to have victims re port loss and injury that may not have been reported to the police e To test theories they create databases that make it possible to investigate the relationship between an independent variable such as percentage of population livin in overt d 3 rates p Y an 393 dependem Varlablt such as nelghborhood Violent crime Sociology of imawiiaw and SocietySoeloiegai titudies Sociology of lawlaw and societysociolegal studies is a subarea of criminolo con cerned with the role that social forces play in shaping criminal law and theggole of criminal law in shaping society Criminologists interested in sociolegal studies mi ht investigate the history of legal thought in an effort to understand how criminal fer such as theft rape and murder evolved into their present form S Criminologists may use their research skills to assess the effects of a pro osed legal change Take for instance the crime of obscenity Typically there is D5111 form standard of What is considered obscene material that to some 1 39 1 1 and offensive is to others a work peop e 15 er of art How far should the law go in curbing the production and dis tribution of quotadultquot films For ex ample it is possible today to create computer generated pornography that looks real but does not involve actual people Should possessing or selling CG computer generated porn be a crime even though no actual people were involved The Supreme Court has ruled that pos sessing CG porn is not a crime4 But What about selling CG kiddie porn to peeple who believe it is the real thing involving actual children The courts have ruled that this is a crime pandering in fact trying to sell kiddie porn is a crime even if you don t have any in your possession as long as the purchaser believes you do5 39 In the accompanying Policies and Issues in Criminology feature crimi nological research39on a similar policy issue sex offender registration is discussed in some detail to prevent being harmed The Florida law authorizes the use of defensive force by anyone who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be Furthermore under the law such a person has no duty to retreat and can stand his or her ground and meet force with forceThe statute also grants civil and criminal immunity to anyone found to have had such a reasonable beliefPWas Zimmerman justified in using deadly force against an unarmed teen How is it possible to know whether he thoughthis life was being threatened V3 x 335 1 it 39 W nounA I n 39 1 v V Jp JJ r n m we The quotfrayvon Martin case and similar incidents have captured headlines around the globe raised fascinating questions about crime and its control and spurred interest in criminology an academic discipline that uses the scienti c method to study the nature extent cause and control of criminal behavior Unlike political gures and media commentators whose opinions about crime may be colored by personal expe riences biases and election concerns criminologists remain objective as they study crime and its consequences How this eld developed its major components and its relationship to deviant ballroom and criminal justice are among the topics discussedrin this chapter Crimnologists or the rmnnlogieei Enterprse Several subareas exist within the broader arena of criminology Taken together these subareas make up the criminologicai enterprise Criminologists may specialize in one of them in the same way in which psychologists might specialize in child devel opment perception personality psychopathology or social psychology eietiiigr fiili thariseemits rages 9 Sii iooi 97i ii illhntililttrese39a rbh39on the offsets quotirritate as an i quot admitted brilliantbaa miltrance valid measure A measure that actually measures what it purports to measure a measure that is factual reliable measure A measure that produces consistent results from one measurement to another Monica AlmeidaNew York IimasFledux r 1 mxxsssawy umMW r mnf ltyn 39x l aw Criminologists have been In new awhile ibffender registration breeders to re39gistisrvi39th Sire th39srts Ore aimWas kill quot the n it Part 1 CONCEPTS 0F CfllfVlE LAW AND CRIMINULOGY an 439 39IT39O answerthis qu stibnliC39rinii39n39ologi sts misting Zg oba and Karen Bachair recently21009 conducted an iridepth39studv of theeffe tiir rieiNew J97 registratiOn Ia fans found39th39at39jjalthough39Jtwas main tained at gre39at cost39to theI I39stateglthe System did not pro duoe e eciite39t smtsi Serisffsnssfrateinter en werem f ep decline before insiststemvvas Installed and the 39 rate of de39cll he39a39ctiiallvsl39ovved down aWhen they113W task effeCt39The1 study showedf39fhsi the grease 39rate of39declineg sex 3 was passage and implementation of Megans tam 39 39z g39ob39a and BaChar also found t h a39tquot th e rssassessed jp ng plemenfa39t39imibf Mensa ned 5g of rf sr jr39 stsgtarquotSexiottenses 39nq39tdistzlthars an 39 39mquot 39nstrable effect niflhejjtime between quotoffenders We to 39releaSe39df lh lf rearr 39siedfor Oiquot pen39s sthe 39Or39agothef sex l 39 I 2 Zgoba and Bachari s resultscan paused 1039 3913quot quotjlegal chahges Suequot asset i39o39 nd fit si tetis r 139 than deterri ng39cr lf f SUCH lawsifm lfllllelelld9398 sender ser 39 Wales s nse a seavansnetherasstateeIn oommmtleswhete 7quot 393 theyas an live s39nd39 parents are lesscaoti ou39s firitflcall y p I 1 Considering the findings of Zgoba andB39achaf Would39you advocate abandoningsex offends registration laWS bec39ause the ar ine eeiitelf 390 might there be other of39caf39eful i e bgq Ug 5393539i1Wfia39t other Waldoliltink libulailb flhe Chapterl CRIMEAND CHIMINULOGY eveiopingl heores of Crime eosetion Criminologists also explore the causes of crime Some who have a psychological ori entation view crime as a function of personality development social learning or cog nition Others investigate the biological correlates of antisocial behavior and study the biochemical genetic and neurological linkages to crime Those with a sociological orientation look at the social forces producing criminal behavior including neighbor hood conditions poverty socialization and group interaction Criminologists may use innovative methods to test theory For example accord ing to trait theory the root cause of crime can be linked to an abnormal biological or psychological state or condition that predisposes people to react in an aggressive antisocial manner to environmental stimuli One test of this view used a magnetic resonance imaging device MRI to assess brain function in 10 male domestic batter ers and compared the results with a sample of nonbatterers matched on social and personal traits The brain scans indicated that men who engaged in domestic violence had distinctive brain structures that made them hypersensitive to threat stimuli in a variety of regions of the brain When such hypersensitive men experience even mild provocations from their spouses they are hardwired to respond with violence in es sence the research found that some men have a neurobiological predisposition that makes them prone to spouse abuse a nding that supports trait theory6 Pinning down quotone true cause of crime remains a dif cult problem Criminolo gists are still unsure why given similar conditions some people choose criminal solu tions to their problems whereas others conform to accepted social rules of behavior Understanding and eserihing rrninei Behevor Another subarea of criminology involves research on speci c criminal types and pat terns violent crime theft crime public order crime organized crime and so on N u merous attempts have been made to describe and understand particular crime types Marvin Wolfgang s 1958 study Patterns in Criminal Homicide is a landmark analysis of the nature of homicide and the relationship between victim and offender Wolfgang discovered that in many instances victims caused or precipitated the violent confron tation that led to their death Spawning the term victim precipitated homicide Edwin Sutherland s analysis of businessrelated offenses also helped coin a new phrase Whitecoliar crime to describe economic crime activities of the af uent8 Criminologists are constantly broadening the scope of their inquiry because new crimes and crime patterns are constantly emerging Whereas 50 years ago they might have focused their attention on rape murder and burglary they now may be looking at stalking cybercrime terrorism and hate crimes For example a number of crimi nologists are now doing research on terrorism and the terrorist personality in order to discover why some young people are motivated to join terror groups Among the ndings 39 Mental illness is not a critical factor in explaining terrorist behavior Also most terrorists are not psychopaths 39 There is no quotterrorist personality nor is there any accurate pro le psychological or otherwise of the terrorist Histories of childhood abuse and trauma and themes of perceived injustice and humiliation often are prominent in terrorist biographies but these elements do not really help to explain terrorism9 itenology Punishment Sanctions and Corrections The study of petrolon involves efforts to control crime through the correction of criminal offenders Some criminologiStsadvocate a therapeutic approach to crime prevention that relies on the application of rehahiiltation services they direct their efforts at identifying effective treatment strategies for individuals convicted of law season39s 39 lists help deter potential offenders and reduce incidence of child 39 molestation 139 quoterestore Resea r39ch indicates that registration little effect on either iffyloffenders or rates of child iii2quot 39s39ti rigquot 39N victim precipitated homicide Refers to those killings in which the victim is a direct positive precipitator of the incident Whitecollar crime Illegal acts that capitalize on a person s status in the marketplace Whitecollar crimes may include theft embezzlement fraud market manipulation restraint of trade and false advertising petrology Subarea of criminoiogy that focuses on the correction and control of criminal offenders rehabilitation Treatment of criminal offenders that is aimed at preventing future criminal behavior 39 phpuiat39iahfs hf less39th mandatory sentences 3 A statutory requirement that a certain penalty shall be carried out in all cases of conviction for a specified offense or series of I offenses capital punishment 39 The execution of criminal offenders the death penalty vietimoiogy The study of the victim s role in criminal events Criminologists devote themselves ireunderstanding the I I 5 causes of criminal behalrio39r Pictured here are rOSes with 39 the faces of the 25 children and teachers killed at the Sandy Hook Elementary School in Newtown39Connecticut 39 Criminologists assemble data tdtry to understandquot 39 Isuch atrocities occur so they may bequot prevented James Z39d39 tlan Fox a criminologist at Northeastern Unive39r39sityjdu39nd that since 1976 64 percent of mass murdereaaihpeqasquotI any inatance h which rather more people39are kie39ld39rinorquoteijs or lesser thequot samequot timie f have scarred in quotplacesiwithijyiif 39 39 39 39quothisnpdofcah39khswihgftharshah quotCrimes are39riot anurban ph hahi ehhh heIllusi39dnderista39nd why they occhpahahha r i 3 i Part1 CONCEPTS OF CRIME LAW AND CRlMlNOLOGY violations for example relying on community sentencing rather than prison Others argue that crime can be prevented only through the application of formal social control through such measures as mandatory sentences for serious crimes and even the use of capital punishment as a deterrent to murder Criminologists interested in penology direct their research ef forts at evaluating the effectiveness of crime control programsFor example one recent evaluation of the RiskNeedResponsivity RNR program which classi es people on probation and or ders the placement of some in anger management and cognitive behavioral therapy programs has been found to cut the recidi vism of highrisk offenders by as much as 20 percent10 The penological branch of criminology overlaps with the study of the criminal justice system which will be discussed later in the chapter liietmology Criminologists recognize that the victim plays a critical role in the criminal process and that the victim s behavior 1s often a key determinant of crime11 Victimology includes the followrng areas of interest Tmothv A ClawAFPGettv images 0 Using victim surveys to measure the nature and extent of criminal behavior and to calculate the actual costs of crime to victims Calculating probabilities of victimization risk Studying victim culpability in the precipitation of crime 0 Designing services for crime victims such as counseling and compensation programs Criminologists who study victimization have uncovered some startling results For one thing criminals have been found to be at greater risk of victimization than noncriminals12 This nding indicates that rather than being passive targets who are quotin the wrong place at the wrong time victims may them selves be engaging in a highrisk behavior such as crime that increases their victimization risk and renders them vulnerable to crime The various elements of the criminological enterprise are summarized in Concept Summary 11 story or gemstoon How did this eld of study develop What are the origins of criminology The sci enti c study of crime and criminality is a relatively recent development During the Middle Ages 1200 1600 people who violated social norms or rehgrous pract1ces were believed to be witches or possessed by demons13 The use of cruel torture to extract confessions was common Those convicted of violent or theft crimes suffered extremely harsh penalties including whipping branding maiming and execution Classical Sriminology By the mideighteenth century social philosophers began to argue for a more rational approach to punishment Reformers stressed that the relationship between crime and punishment should be balanced and fair This more moderate v1ew of criminal sanc tions can be traced to the writings of an Italian scholar Cesare Beccaria 1738 1794 Chapterl CHIMEAND CRIMINOLUGY Tillieis ctionsdesgjnedtaquotcommchasingughyhggpp gg g by sealanta haveaha ease pinchagain Arethari esvictimsundersiahdrhg the nature and extent of39viCtimi39zation39 developing theOria39s39 of39vittirni39zatio39ri hisrg 2 who was one of the first scholars to develop a systematic understanding of why peo pie commit crime Beccaria believed that in choosing their behavior people act in their own self interest they want to achieve pleasure and avoid pain People will commit crime when the potential pleasure and reward they believe they can achieve from illegal acts outweigh the threat of future punishment To deter crime punishment must be suf cient no more no less to counterbalance the lure of criminal gain If it were too lenient people would risk committing crimes too severe a punishment would be unfair and encourage crimes For example if rape were punished by death crimi nals might be encouraged to kill their victims to prevent identi cation after all they would have nothing to lose if both rape and murder were punished equally Becca ria s famous theorem was that in order for punishment to be effective it must be pub lic prompt necessary the least possible in the given circumstances proportionate and dictated by law14 The writings of Beccaria and his followers form the core of what today is referred to as classical criminology As originally conceived in the eighteenth century classi cal criminology theory had several basic elements 39 Whilst 39intestinallists1 the rift statisticstree1asues2221 quotm e39asu39reofrrim e39trendsett firstiiihisiQi39Sifiiiidi i e 39iifiriiliniistldquotSit39isl 39gti fJerii2 l E39T39th atj39ristisf hi39nt39e39re39ste d39 55 39its39f39dsis39dbiiiht issl Willis fi iiifiliiisiit v1cxnee 39 39 39fUilderiaiidfasd39deitiesPile TelltalefetishPianist5 39 errthinsIhehaves39su h1a39gg quot5SadaIquotmaidsilltrailedquot239a l itstiil iliritsideline F39f rimii39s39 titties system quotIiiiictiniiild39gists 39t ry39t a than fendshameless coma crime victims quot People have free will to choose criminal or lawful solutions to meet their needs or settle their problems Crime is attractive when it promises great bene ts with little effort 0 Crime may be controlled by the fear of punishment 9 Punishment that is or is perceived to be severe certain and swift will deter criminal behavior I This classical perspective influenced judicial philosophy and sentences were geared to be proportionate to the seriousness of the crime Executions were still 39 widely used but gradually came to be employed for only the most serious crimes The catchphrase was Let the punishment t the crime classrcal criminology Theoretical perspective suggesting that people choose to During the nineteenth century a new vision of the world challenged the validity of 20mm Wand ma 0quotquot993quot a controlled if potential criminals classrcal theory and presented an innovative way of looking at the causes of crime fear punishment The scienti c method was beginning to 39takehold in Europe and North America Positiviat Criminology retransmit positivism The branch of social science that 39 uses the scientific method of the 5 natural sciences and suggests that human behavior is a product of social biological psychological or economic forces that can be empirically measured scientific method The use of verifiable principles and procedures for the systematic acquisition of knowledge Typically involves formulating a z problem creating hypotheses I and collecting data through 39 observation and experiment to verify the hypotheses sociological criminoiogy 39 Approach to criminology based on the work of Emile Durkheim that focuses on the relationship 2 between social factors and crime Criminals and victims are two totally different types of people TQTEQW Criminals themselves actually have a very high rate of 39 victimization human brain quotjc g tjiifsj ic a ilj39lilitii quot3 straw 39 quot 39n quot 39 quot 339 saving 7w Auguste Comte 17984857 considered the founder of sociology argued that societies pass through stages that can be grouped on the basis of how people try to understand the world in which they live People in primitive societies believe that in animate objects have life for example the sun is a god in later social stages people embrace a rational scienti c view of the world Comte called this the positive stage and those who followed his writings became known as positivists Positivism has a number of elements 0 Use of the scientific method to conduct research The scienti c method is objec tive universal and culturefree Predicting and explaining social phenomena in a logical manner This means identifying necessary and suf cient conditions under which a phenomenon may or may not occur Both human behavior and natural phenomenon operate ac cording to laws that can be measured and observed 9 Empirical veri cation All beliefs or statements must be proved through empirical investigation guided by the scienti c method Such concepts as God and quotthe soul cannot be measured empirically and therefore are not the subject of scien ti c inquiry they remain a matter of faith a Science must be valuefree and should not be influenced by the observerl scientist s biases or political point of view EARLY CRIMINOLOGICAL POSlTlVISNl The earliest scienti c studies examin ing human behavior now seem quaint and primitive Physiognomists such as J K Lavater 1741 1801 studied the facial features of criminals and found that the shape of the ears nose and eyes and the distances between them were associated with anti social behavior Phrenologists such as Franz Joseph Gall 1758 1828 and Johann K Spurzheim 1776 1832 studied the shape of the skull and bumps on the head and concluded that these physical attributes were linked to criminal behavior15 By the early nineteenth century abnormality in the human mind was being linked to criminal behavior patterns Philippe Pinel one of the founders of French psychiatry coined the phrase meme sans delz39re to denote what eventually was referred to as a psychopathic personality In Italy Cesare Lombroso 1835 1909 known as the quotfather of criminology began to study the cadavers of executed criminals in an effort to determine scien ti cally how criminals differed from noncriminals Lombroso was soon convinced Chapterl CRIMEANDCRlMlNOLOGY that serious and violent offenders had inherited criminal traits These quotborn criminals suffered from quotatavistic anomalies physically they were throwbacks to more primitive times when people were savages and were believed to have the enormous jaws and strong canine teeth common to carnivores that de vour raw esh Lombroso s version of criminal anthropology was brought to the United States via articles and textbooks that adopted his ideas16 By the beginning of the twentieth century American authors were discussing the science of penology and quotthe science of criminology quot 7 genealogical Criminology At the same time that biological views were dominating crim 3 inology another group of positivists were developing the eld of sociology to study scienti cally the major social changes tak ing place in nineteenthcentury society The foundations of sociological criminology can be traced to the work of Emile Durkheim 1858 1 917 13 LAUGEIKNE LEEDS SI 8 quotzir f ti According to Durkheim s vision of social positivism crime is normal because it is virtually impossible to imagine a soci ety in which criminal behavior is totally absent19 Durkheim believed that crime is inevitable because people are so differ ent from one another and use such a wide variety of meth ods and types of behavior to meet their needs Even if real crimes were eliminated human weaknesses and petty vices would be elevated to the status of crimes Durkheim suggested that crime can be useful and occasionally even healthful for society in that it paves the way for social change To illustrate this concept Durkheim offered the example of the Greek philosopher Socrates who was considered a criminal and was put to death for corrupting the morals of youth d ideas that were different from what people believed The image Works Earl simply because he expresse at that time In The Division of Labor in Society Durkheim wrote about the consequences of the shift from a small rural society which he labeled quotmechanicalquot to the more modern organic society with a large urban population division of labor and per sonal isolation20 From the resulting structural changes flowed anomie or norm and role confusion An anomic society is in chaos experiencing moral uncertainty and an accompanying loss of traditional values People who suffer anomie may be come confused and rebellious Is it possible that the loss of privacy created by wide spread social media a technology that can cause a private moment to go quotviralquot has helped create a sense of anomie in our own culture THE CHECAGO SCHOOL The primacy of sociological positivism was secured by research begun in the early twentieth century by Robert Ezra Park 1864 1944 Ernest W Burgess 1886 1966 Louis Wirth 1897 1952 and their colleagues in the Sociology Department at the University of Chicago The scholars who taught at this program created what is still referred to as the Chicago School in honor of their unique style of39doing re Did your mother ever warn you about staying away from quotbad neighborhoods in the city If she did how valid were her concerns To find out go to Chapter 6 for a discussion of the structural conditions that cause crime socialization Process of human development and enculturation Socialization is in uenced by key social processes and institutions conflict theory The view that human behavior is shaped by interpersonal conflict and that those who maintain social power will use it to further their own ends critical criminology The View that crime is a product of the capitalist system rational choice theory The view that crime is a function of a decision making process in which the would be offender weighs the potential costs and benefits of an illegal act trait theory The view that criminality is a product of abnormal biological or psychological traits Part 1 CONCEPTS OF CRIME LAW AND CRIMINOLUGY SGCEALEZA E WN VEEWS During the 19305 and 19405 another group of sociologists began conducting research that linked criminal behavior to the quality of an indi viduals socialization the relationship they have to important social processes such as education family life and peer relations They found that children who grew up in homes wracked by con ict attended inadequate schools or associated with deviant peers became exposed to forces that engendered crime One position championed by the preeminent American criminologist Edwin Sutherland was that people learn criminal attitudes from older more experienced law violators Conflict Criminology In his Communist Manifesto and other writings Karl Marx 18184883 described the oppressive labor conditions prevalent during the rise of industrial capitalism Marx was convinced that the character of every civilization is determined by its mode of production the way its people develop and produce material goods The most important relationship in industrial culture is between the owners of the means of production the capitalist bourgeoisie and the people who perform the labor the proletariat The economic system controls all facets of human life consequently people s lives revolve around the means of production The exploitation of the work ing class Marx believed would eventually lead to class con ict and the end of the capitalist system22 39 These writings laid the foundation for conflict theory the view that human be havior is shaped by interpersonal con ict and that crime is a product of human conflict However it was not until the social and political upheaval of the l9605 fueled by the Vietnam War the development of an antiestablishment counterculture movement the ciVil rights movement and the women s movement that criminologists began to ana lyze the social conditions in the United States that promoted class con ict and crime What emerged from this intellectual ferment was a critical criminology that indicted the eConomic system as producing the conditions that support a high crime rate Criti cal criminologists have played a signi cant role in the eld ever since Developmental Criminology In the 1940s and 19503 Sheldon and Eleanor Glueck a husbandandwife team of criminolbgists and researchers at Harvard Law School conducted numerous studies of delinquent and criminal behavior that profoundly influenced criminological the ory Their work integrated sociological psychological and economic elements into a complex developmental view of crime causation Their most important research ef forts followed the careers of known delinquents to determine what factors predicted persistent offending they also made extensive use of interviews and records in their elaborate comparisons of delinquents and nondelinquents23 The Gluecks vision integrated biological social and psychological elements It suggested that the initiation and continuity of a criminal career was a develop mental process in uenced by both internal and external situations conditions and circumstances Contemporary Criminology These various schools of criminology developed over 200 years have been constantly evolving 0 Classical theory has evolved into modern rational choice theory which argues that criminals are rational decision makers before choosing to commit crime criminals evaluate the bene ts and costs of the contemplated criminal act their choice is structured by the fear of punishment Lombrosian biological positivism has evolved into contemporary biosocial and psychological trait theory views Criminologists who consider themselves trait y Chapteri CHIMEANDCRIMINGLOGY theories no longer believe that a single trait or inherited characteristic can ex plain crime but that biological and psychological traits interact with environ mental factors to in uence criminality Contemporary trait theories suggest that there is a causal link between criminal behavior and such individual level factors as diet hormonal makeup personality and intelligence 9 The original Chicago School sociological vision has transformed into a social structure theory which maintains that a person s place in the social structure controls their behavior people are a product of their environment Those at the bottom of the social hierarchy who nd it impossible to achieve monetary and social success through conventional means experience anomie strain failure and frustration Social pressures and the personal turmoil they produce lead people down a path to crime 0 Social process theorists focus their attention on socialization They believe that children learn to commit crime by interacting with and modeling their behavior after others whom they admire Some criminal offenders are people whose life experiences have shattered their social bonds to society 0 Many criminologists still view social and political con ict as the root cause of crime These critical criminologists believe that crime is related to the inher ently unfair economic structure of the United States and other advanced capital ist countries a The Gluecks pioneering research has in uenced a new generation of develop mental theorists Their focus today is identifying the personal traits and social conditions that lead to the creation and maintenance of criminal careers over the life course Each of the major perspectives is summarized in Concept Summary 12 is to i quotandquot 39pr itica i farc39ejs39friiaytjo mbs is and u ca 13 social structure theory The view that disadvantaged economic class position is a primary cause of crime social process theory The view that criminality is a function of people s interactions with various organizations institutions and processes in society critical criminologists Critical criminologists examine how those who hold political and economic power shape the law to uphold their selfinterests iiiiiiiiiriniiiiilii iiii r hey z ri39tiisiiiri39 lindignant nears itsran DeletionsIjrrimi idligrsts ntrreri rr sth se tradition Part1 CONCEPTS OF CRIME LAW AND CHIMINULOGY Chapter 1 CREME AND CRIMINDLOGY 15 condemn the person s behavior as callous immoral and deviant no legal action could be taken because citizens are not required by law to effect rescues In sum many criminal acts but not all fall within the concept of deviance Similarly some deviant acts but not all are considered crimes The accompanying Pro les in Crime 5 feature discusses one such legal case owners or rimirvu nanologists How r atria grime Criminologists devote themselves to measuring understanding and controlling crime and deviance How are these behaviors de ned and how do we distinguish between them Criminologists View deviant behavior as any action that departs from the social norms of society24 Deviance thus includes a broad spectrum of behaviors ranging from the most socially harmful such as rape and murder to the relatively inoffensive decanting Deviant To understand the nature and purpose of criminal law criminologists study both the process by which deviant acts are criminalized become crimes and conversely how a a a a a a a a a a 3 39 39 39 39 1 cr ssdressin A deviant act becomes a crime when Willa f th 5151 ng 91 rellglous cu t or 0 g cr1m1nal acts are decrtuuuaitaed that 1s the penalties attached to them are reduced decrimiaaiiaad 5 An act deemed socially harmful 1t 18 deemed socrally harmful or dangerous it then vvrll be spec1 cally de ned prohib andOI legalized Having criminal penalties reduced 3 or dan erous that is s ecificaliy e cr39m39nal la 39 I g p ltedr and pumShed under th I 1 W In some instances 1nd1v1duals institunons or government agencres mount a rather than el39m39nated defined prohibited and punished under the criminal law Crime and deviance are often confused because not all crimes are deviant and not all deviant acts are illegal or criminal For example recreational drug use such as smoking marijuana may be a crime but is it deviant A signi cant percentage of the population has used recreational drugs including some wellknown politicians even presidentst If an illegal act such as viewing Internet pornography becomes a norm should society reevaluate its criminal status and let it become merely an un usual or deviant act To argue that all crimes are behaviors that depart from the norms of society is probably erroneous The shifting de nition of deviant behavior is closely associated with our concepts of crime Where should society draw the line between behavior that is considered merely deviant and unusual and behavior that is considered dan gerous and criminal Many deviant acts are not criminal even though they may be shocking or depraved A passerby who observes a person drowning is not legally required to jump in and render aid Although the general public would probably campaign aimed at convincing both the public and lawmakers that what was con sidered merely deviant behavior is actually dangerous and must be outlawed Dur ing the 1930s Harry Anslinger then head of the Federal Bureau of Narcotics used magazine articles public appearances and public testimony to sway public Opinion about the dangers of marijuana which up until that time had been legal to use and possess25 In testimony before the House Ways and Means Committee considering passage of the Marijuana Tax Act of 1938 Anslinger stated In Florida a 21yearold boy under the in uence of this drug killed his parents and his brothers and sisters The evidence showed that he had smoked marihuana In a 39 Chicago recently two boys murdered a policeman while under the in uence of marihuana Not long ago we found a 15year old boy going insane because the doctor told the enforcement of cers he thought the boy was smoking marihuana ciga rettes They traced the sale to some man who had been grow ing marihuana and selling it to these boys all under 15 years of age on a playground there26 was P gye irightii squotshnwn39at a Hammerskin2g Naiibin isv nt l iiZOl Zwasnt redaSikhTem39pl inwisconsin killgdeiitp bpl ahydpwijiu nided mun 3 t was They pm u ce ah d bems vhrainwater J siste matigsrg rsu pisrmsujin 1 9885iiiDal l a s As a result of Anslinger s efforts a deviant behavior mari juana use became a criminal behavior and previously law if abiding citizens were de ned as criminal offenders Today some PK golf 1 a v consensus view The belief that the majority of citizens in a society share common values and agree on what behaviors should be defined 3 as criminal i criminal law The written code that defines crimes and their punishments conflict view 39 The belief that criminal behavior is defined by those in power in such a way as to protect and advance their own self interest interactionist view 39 The belief that those with social power are able to impose their 39 values on society as a whole and these values then define criminal behavior Part 1 CONCEPTS OF CRIME LAW AND CRIMINULOGY national organizations such as the Drug Policy Alliance are committed to repealing draconian drug laws and undoing Anslinger s quotmoral crusade They call for an end to the quotwar against drugs which they believe has become overzealous in its effort to punish drug traf ckers In fact they maintain many of the problems the drug war purports to resolve are actually caused by the drug war itself Socalled quotdrug related crime is a direct result of drug prohibition s distortion of immutable laws of supply and demand Public health problems such as HIV and hepatitis C are all exacerbated by zerotolerance laws that restrict access to clean needles The drug war is not the pro moter of family values that some would have us believe Children of inmates are at risk of educational failure joblessness addiction and delinquency Drug abuse is bad but the drug war is worse27 In sum criminologists are concerned with the concept of deviance and its rela tionship to criminality The shifting de nition of deviant behavior is closely associated with our concept of crime The Concept of Crime Professional criminologists usually align themselves with one of several schools of thought or perspectives Each of these perspectives maintains its own view of what constitutes criminal behavior and what causes people to engage in criminality A criminologist39s choice of orientation or perspective depends in part on his or her de nition of crime The three most common concepts of crime used by criminologists are the consensus view the con ict view and the interactionist view CONSENSUS VIEW OF CRIME According to the consensus view crimes are be haviors that all elements of society consider repugnant The rich and powerful as well as the poorand indigent are believed to agree on which behaviors are so repug nant that they should be outlawed and criminalized Therefore the criminal lavthhe written code that de nes crimes and their punishments reflects the values beliefs and opinions of society s mainstream The term consensus implies general agreement among a majority of citizens on what behaviors should be prohibited by criminal law and hence be viewed as crimes28 This approach to crime implies that it is a function of the beliefs morality and rules inherent in Western civilization Ideally the laws apply equally to all members of society and their effects are not restricted to any single element of society CONFLICT VIEW OF CRIME Although most practicing criminologists accept the con sensus model of crime others take a more political orientation toward its content The conflict view depicts society as a collection of diverse groups such as owners workers professionals and students who are in constant and continuing con ict Groups able to assert their political power use the law and the criminal justice system to advance their economic and social position Criminal laws therefore are viewed as created to protect the haves from the havenots Con ict criminologists often contrast the harsh penalties inflicted on the poor for their quotstreet crimes burglary robbery and larceny with the minor penalties the wealthy receive for their whitecollar crimes securities violations and other illegal business practices Whereas the poor go to prison for minor law violations the wealthy are given lenient sentences for even serious breaches of law INTERACTIONIST VIEW OF CRIME According to the interactionist view the de nition of crime reflects the preferences and opinions of people who hold social power in a particular legal jurisdiction These people use their in uence to impose their de nition of right and wrong on the rest of the population They maintain their power by stigmatizing or labeling people who fall outside their de nition of right and wrong Criminals therefore are individuals that society labels as outcasts or deviants because they have violated social rules In a classic statement sociologist Howard Becker ar gued quotThe deviant is one to whom that label has successfully been applied deviant Chapterl CRIMEAND CRIMiNULUGY 17 o The iaw39cre ne39s39 aims1 39 39339 quot 39 apply nan Citizens 39 quotBealfcririieisf nthquotafra39cgismgsexrsmj and hassageradiative the Ilavvis39 used to control the undertla39s s39 jj if 113 quot quot o 2quot 0 o In quotare bili 9 i llHillil 39 ili imillilit 951 Criminal labels are Iiretentionorganises behavior is behavior39people so label 29 Crimes are outlawed behaviors because society de nes them that way not because they are inherently evil or immoral acts Interactionists see criminal law as conforming to the beliefs of quotmoral crusaders or moral entrepreneurswho use their in uence to shape the legal process as they see t30 Laws against pornography prostitution and drugs are believed to be motivated more by moral crusades than by capitalist sensibilities Consequently interactionists are concerned with shifting moral and legal standards ii it efinition of Crime Because of their diverse perspectives criminologists have taken a variety of ap proaches in explaining crime s causes and suggesting methods for its control see Concept Summary 13 Considering these differences we can take elements from each school of thought to formulate an integrated de nition of crime 39 Crime is a violation of societal rules of behavior as interpreted and expressed by the criminal law which reflects public opinion traditional values and the viewpoint of people currently holding social and political power Individuals who violate these rules are subject to sanctions by state authority social stigma and loss of status This definition combines the consensus view that the criminal law defines crimes the con ict perspective s emphasis on political poweryand control and the interac tionist concept of stigma Thus crime as defined here is a political social and eco nomic function of modern life 5i rminongy and the Criminal have N o matter which de nition of crime we embrace criminal behavior is tied to the criminal law It is therefore important for all criminologists to have some under standing of the development of criminal law its objectives its elements and how it evolved over time The concept of criminal law has been recognized for more than 3000 years Ham murabi 1792 1750 BCE the king of Babylon created the most famous set of written laws of the ancient world known today as the Code of Hammurabi Preserved on basalt rock columns thecode established a system of crime and punishment based on physical retaliatio Part1 CONCEPTS or CRIME LAW AND CHIMINOLOGY 39tjhapteri CRIME AND CRIMINOLOGY 19 Creates equity Criminals bene t from their misdeeds People who vio late security laws can make huge pro ts from their illegal transactions Through nes forfeiture and other economic sanctions the criminal law redistributes illegal gains back to society thereby negating the crim inal s unfair advantage moral teachings but also a basis for the US legal system Prohibitions against murder theft perjury and adultery preceded by several thousand years the same laws found in the modern United States W 1N Common Law precedent A rule derived from previous judicial decisions and applied to future cases the basis of common law common law Early English law developed by judges which became the standardized law of the land in England and eventually formed the basis of the criminal law in the United States statutory crimes Crimes defined by legislative bodies in response to changing social conditions public opinion and custom felony A serious offense that carries a penalty of imprisonment usually for one year or more and may entail loss of political rights misdemeanor A minor crime usually punished by a short jail term andor a fine The present system of law can be traced back to the reign of Henry II 1154e1189 when royal judges began to publish their decisions in local cases and their legal rea soning began precedent to be applied in similar cases around the land hence the term common law Crimes such as murder burglary arson and rape are common law crimes whose elements were initially de ned by judges They are referred to as mala in se or inherently evil and depraved When the situation required the Eng lish Parliament enacted legislation to supplement the common law shaped by judges Crimes de ned by Parliament which re ected existing social conditions were re ferred to as ma a prohibitam or statutory crimes Before the American Revolution the colonies then under British rule were sub ject to the common law After the colonies acquired their independence state legis latures standardized commonlaw crimes such as murder burglary arson and rape by putting them into statutory form in criminal codes As in England whenever com mon law proved inadequate to deal with changing social and moral issues the states and Congress supplemented it with legislative statutes creating new elements in the various state and federal legal codes Contemporary Criminal Law Criminal laws are now divided into felonies and misdemeanors The distinction is based on seriousness a felony is a serious offense a misdemeanor a minor or petty crime Crimes such as murder rape and burglary are felonies they are punished with long prison sentences or even death Crimes such as unarmed assault and battery petty larceny and disturbing the peace are misdemeanors they are punished with a ne or a period of incarceration in a county jail Regardless of their classi cation acts prohibited by the criminal law constitute behaviors considered unacceptable and impermissible by those in power People who engage in these acts are eligible for severe sanctions By outlawing these behav iors the government expects to achieve a number of social goals 1 Enforces social control Those who hold political power rely on criminal law to for mally prohibit behaviors believed to threaten societal wellbeing or to challenge their authority 0 Discourages revenge By punishing people who infringe on the rights property and freedom of others the law shifts the burden of revenge from the individual to the state Although the application of state retaliation may offend the sensibilities of some people as Oliver Wendell Holmes stated it prevents quotthe greater evil of private retribution 31 o Expresses public opinion Criminal law re ects constantly changing public opinion on such controversial acts as using recreational drugs selling obscene material or performing abortions Criminal law is used to codify these changes 0 Teaches moral values By observing how the law is applied people especially chil dren learn to distinguish between appr0priate and prohibited behavior Applica tion of the criminal law provides a moral lesson 0 Deters criminal behavior Criminal law has a social control function Because it ap plies criminal punishments such as nes prison sentences and even death it is designed to control restrain and direct human behavior and prevent crimes be fore they occur Applies quotjust desert Those who violate criminal law are subject to criminal sanctions because they have maltreated others and harmed society It is only fair then that they should be punished for their misdeeds offenders deserve their punishments Maintains the social order The legal system is designed to support and maintain the boundaries of the social system they serve Our economic and social system is also supported and sustained by criminal law in Evolution of Criminal law The criminal law is constantly evolving in an effort to reflect social and economic conditions Sometimes legal changes are prompted by highly publicized cases that generate fear and concern For example a number of highly publicized cases of celebrity stalking including Robert John Bardo s fatal shooting of actress Rebecca Schaeffer on July 18 1989 prompted more than 25 US states to enact stalking statutes Such laws prohibit quotthe will ful malicious and repeated following and harassing of another person 32 California s sexual predator law which took effect on January 1 1996 allows people convicted of sexually violent crimes against two or more vic tims to be committed to a mental institution after their prison terms have been served33 The criminal law may also change because of shifts in culture and social conventions and thus may reflect a newfound tolerance for behavior con demned only a few years before An example of the former can be found in changes to the law of rape In several states including California and Mary land the law has evolved so that it is now considered rape if a a woman consents to sex b the sex act begins c she changes her mind during the act and tells her partner to stop and d he refuses and continues Before this legal change such a circumstance was not considered rape but merely aggressive yet consensual sex34 Another example of how changing morals may be re ected in the law can be found in the case of Lawrence v Texas where the Supreme Court declared that state laws criminalizing sexual re lations between consenting adults heretofore classi ed as sodomy were unconstitutional because they violated the due process rights of citizens because of their sexual orientation Because consensual sex between samesex adults was now legal the Lawrence decision paved the way for the legalization on a statebystatc basis of gay marriage The accompanying Pro les in Crime feature examines another way the law has evolved to re ect changing social morals and beliefs I o o I C J 15 a S 39 I a r E as 1 39 IJ A o i 9 w 52 E m n gt c 1539 4 l t m a o o L Li lt1 riminoiogy and rmina titration Not only is the study or criminology bound up in the criminal law but it is also closely linked to the workings of the criminal justice system Although the terms criminology and criminal justice may seem similar and people often confuse the two or lump them together there are major differences between these elds of study Criminology ex plains the etiology origin extent and39nature of crime in society whereas criminal justice refers to the study of the agencies of social control police courts and correc Part1 CONCEPTS OF CRIME LAW AND CRIMINGLOGY Chapterl CRIMEANDCRIMINOLOGY develop an understanding of the nature of crime and its causation it is comr icfm e39ri39ir39ninal insrise system therefore for criminal justice programs to feature courses on criminoIOgY 15111 01 agencies of government criminology courses to evaluate the agencies of justice What 15 the crimina justlce ponce Courts and corrections system how big is it and how does it operate 3E that are responsible for a rehending adjudicating 39 n w 3 sg ctioning and treating criminal Th8 Qi imlilal JMS EESQ System offenders destructive that it either strictly controls their occurrence or outlaws them outright The agencies of justice are designed to prevent social harm by apprehending trying convicting and punishing those who have already violated the law as well as deter ring those who may be contemplating future wrongdoing Society maintains other types of informal social control such as parental and school discipline but these are designed to deal with moral not legal misbehavior Only the criminal justice system maintains the power to control crime and punish those who violate the law The contemporary criminal justice system can be divided into three main components 39 The criminal justice system consists of the agencies of government ehar88d l Vlth enforcing law adjudicating crime and correcting criminal conduct idt is essen1lyi an instrument of soc1al control Socrety con31ders some behavrors so angerou a Ponce and law enforcementhfederal State and munidpal agendas that are charged with such tasks as maintaining the peace rendering emergency assis tance investigating crimes and apprehending suspects e The court system which houses the prosecution and the judiciary and is respon sible for charging criminal suspects carrying out trials and sentencing those con victed of crime a The correctional system which incapacitates convicted offenders and attempts to aid in their treatment and rehabilitation Because of its varied and complex mission the contemporary criminal justice system in the United States is monumental in size It now costs federal state and local governments more than 215 billion per year to administer civil and criminal justice up more than 300 percent since 1982 There are now almost 18000 US law enforcement agencies employing more than 1 million people of these more than 800000 are fulltime sworn law enforcement of cers and the remainder are part time of cers and civilian employees There are nearly 17000 courts more than 8000 prosecutorial agencies about 6000 correctional institutions and more than 3500 probation and parole departments The system is massive because it must process treat and care for millions of peo ple Although the crime rate has declined substantially name than 14 million people are still being arrested each year including more than 2 million for serious felony offenses In addition about 15 million juveniles are handled by the juvenile courts Today state and federal courts convict a combined total of over 1 million adults a year on felony charges Considering the massive proportions of this system it does not seem surprising that more than 7 million people are under some form of correctional supervision in cluding 2 million men and women in the nation s jails and prisons and an additional 5 million adult men and women being supervised in the community while on proba tion or parole quotthe Presses of dustiee In addition to viewing the criminal justice39system as a collection of agencies it is pos sible to see it as a series of decision points through which offenders ow This process begins with initial contact with police and ends with the offender reentering society At any point in the process a decision may be made to drop further proceedings and allow the accused back into society without further penalty6 The justice process is transformative at rst a person is a suspect then a convicted criminal and finally an exoffender He is transformed from the accused to a thief rapist or killer Stigma and labeling make reform efforts dif cult to achieve I Although each jurisdiction is somewhat different a comprehensive view of the processing of a felony offender would probably contain the following decision point 39 56 Initial contact The initial contact an offender has with the justice system occurs when police of cers observe a criminal act during patrol of city streets parks or highways They may also find Out about a crime through a citizen or vic timcomplaint Similarly an informer may 39alert them about criminal activity in is g 3 I r K Resins 21 i l I x arrest The taking into police custody of an individual suspected of a crime probable cause A set of facts information circumstances or conditions that would lead a reasonable person 3 to believe that an offense was committed and that the accused g committed that offense It is the level of proof needed to make a 39 legal arrest booking Fingerprinting photographing and recording personal information of a suspect in police custody interrogation The questioning of a suspect in police custody noiie prosegui A declaration that expresses the prosecutor s decision to drop a case from further prosecution indictment A written accusation returned by a grand jury charging an individual with a specified crime based on the prosecutor39s demonstration of probable cause grand jury A group of citizens chosen to hear testimony in secret and to issue formal criminal accusations indictments information Afiling before an impartial ower court judge who decides whether the case should go forward this filing is an alternative to the use of a grandjury preliminary hearing If Alternative to a grand jury in 1 which an impartial lowercourt judge decides whether there is probable cause sufficient for a 1 trial 1 arraignment The step in the criminal justice 9 process in which the accused 39 is brought before the trial judge formal charges are read defendants are informed of their rights a plea is entered bail is considered and a trial date is set 2 3 3 5 I 6 Part1 CONCEPTS 0FCRMELAWAND CRIMINOLOG return for nancial or other consideration Sometimes political of cials such as the mayor or city council ask police to look into ongoing criminal activity such3 as gambling and during their subsequent investigations police of cers encoun ter an illegal act Investigation An investigation may take a few minutes as when patrol of cers see a burglary in progress and apprehend the burglar at the scene of the crime Other investigations may take years to complete and involve numerous investigatorsif When federal agents tracked and captured Theodore Kaczynski known as the Unabomber in 1996 his arrest completed an investigation that had lasted more than a decade Arrest An arrest is legal when all of the following conditions exist a the of cer believes there is suf cient evidence probable cause that a crime is being or has been committed and that the suspect committed the crime b the of cer dequot prives the individual of freedom and c the suspect believes that he or she is in the custody of a police of cer and cannot voluntarily leave The police of cer is not required to use the word arrest or any similar word to initiate an arrest nor does the of cer rst have to bring the suspect to the police station For all practi cal purposes a perSOH who has been deprived of liberty is under arrest Arrests can be made at the scene of a crime or after a warrant is issued by a magistrate Custody After arrest the suspect remains in police custody The person may be taken to the police station to be ngerprinted and photographed and to have per sonal information recorded a procedure popularly referred to as booking Wit nesses may be brought in to view the suspect in a lineup and further evidence may be gathered on the case Suspects may be interrogated by police of cers to get their side of the st0ry they may be asked to sign a confession of guilt or they may be asked to identify others involved in the crime The law allows suspects to have their lawyer present whenever police conduct an in custody litteringation Complaintcharging After police turn the evidence in a case over to the prosecutor the prosecution weighs the evidence to determine whether there are suf cient facts to support the accusation If in its discretion the prosecutor s of ce believes there is insuf cient evidence to move the case forward it issues a node prosegui declaration which signi es its decision to drop the case from further prosecution if there is suf cient evidence the case will be brought forth to a grand jury or preliminary hearing Preliminary hearinggrandjury Because it is a tremendous personal and nancial burden to stand trial for a serious felony crime such as murder or rape the US Constitution provides that before a person can be charged the state must rst prove to an impartial decisionmaking authority that there exists probable cause that the accused committed the crime and that there is suf cient evidence to try the person as charged In about half the states and in the federal system the decision is made via an indictment issued by a grand jury which c0nsiders the case in a closed hearing during which only the prosecutor is permitted to present evidence If suf cient facts are presented the grand jury will issue a true bill of indictment insuf cient evidence will result in a no bill In the remaining states a criminal information is led before an impartial lowercourt judge who decides whether the case should go forward and be heard in a felony court At this pro iiminary hearing sometimes called a probable cause hearing the defendant is permitted to appear and dispute the prosecutor s charges In both procedures if the prosecution s evidence is found to be factual and suf cient the suspect will be summoned to stand trial for his or her crime In misdemeanor cases the term typically used in charging is criminal complaint an allegation made to a court in writing by either a victim or a police of cer Arraignment At an arraignment the accused is brought before the court that will actually try the case At this hearing the formal charges are read and defendants are informed of their constitutional rights such as the right to legal counsel Bail is considered and a trial date is set hapter 1 CRIME AND CRIMINOLOGY h Bail or detention flail is a money bond the amount of which is set by judicial authority it is intended to ensure the presence of suspects at trial while allow ing them their freedom until that time Suspects who do not show up for trial forfeit their bail Suspects who cannot afford bail or are considered too danger ous or too great a flight risk may be required to remain in detention until trial Many jurisdictions now allow defendants awaiting trial to be released on their own recognizance without bail if they are stable members of the community d Plea bargaining After arraignment it is common for the prosecutor to meet with the defendant and his or her attorney to discuss a possible plea bargain If a bargain can be struck the accused pleads guilty as charged thus ending the criminal trial process In return for the plea the prosecutor may reduce charges request a lenient sentence or grant the defendant some other consideration dd Adjudicationtrial process If a plea bargain cannot be arranged a criminal trial takes place This involves a fullscale inquiry into the facts of the case before a judge a jury or both The defendant can be found guilty or not guilty or the jury can fail to reach a decision hung jury thereby leaving the case unre solved and open for a possible retrial fl d a Dispositionsentencing If found guilty by trial or plea a defendant is sentenced by the presiding judge Disposition usually involves a ne a term of community supervision probation a period of incarceration in a penal institution or some combination of these penalties About twothirds of all defendants convicted of felonies receive incarceration sentences Of course this means that many people convicted of serious criminal offenses including murder and rape are granted a co Part1 CONCEPTS OF CRIME LAW AND CRIMlNOLGGY ongoing and c0ntentious Some crhninologists have argued successfully for social ser vice treatment and rehabilitation programs to reduce the crime rate others consider these a waste of time suggesting instead that a massive prison construction program coupled With tough criminal sentences can bring the crime rate down By accepting their roles as experts on lawviolating behavior criminologists place themselves in a position of power The potential consequences of their actions are enormous There fore they must be both aware of the ethics of their profession and prepared to defend their work in the light of public scrutiny Major ethical issues include what to study whom to study and how to conduct those studies 0 What to study Criminologists must be concerned about the topics they study Their research must not be directed by the sources of funding on which research projects rely The objectivity of research may be questioned if studies are funded by organizations that have a vested interest in the outcome of the research For example a study on the effectiveness of the defensive use of handguns to stop crime may be tainted if the funding for the project comes from a gun manufac turer whose sales may be affected by the research ndings It has been shown over the past decades that criminological research has been influenced by gov ernment funding linked to the topics the government wants research on and those it wishes to avoid Recently funding by political agencies has increased the likelihood that criminologists will address drug issues while spending less time on topics such as incapacitation and Whitecollar crime Should the nature and extent of scienti c research be shaped by the hand of government or should re search remain independent of outside interference o Whom to study Another ethical issue in criminology concerns selection of re search subjects Too often criminologists focus their attention on the poor and minorities while ignoring middleclass whitecollar crime organized crime and government crime For example a few social scientists have suggested that criminals have lower intelligence quotients than the average citizen and that be cause the average IQ score is lower among some minority groups their crime rates are high 38 This was the conclusion reached in The Bell Curve a pOpular but highly controversial book written by Richard Herrnstein and Charles Murray39 Although such research is often methodologically unsound it brings to light the tendency of criminologists to focus on one element of the community while ig noring others 0 How to study A third area of concern involves the methods used in conducting research One issue is whether subjects are fully informed about the purpose of research For example when EurOpean American and African American young sters are asked to participate in a survey of their behavior or to take an IQ test are they told in advance that the data they provide may later be used to demon strate racial differences in their selfreported crime rates Criminologists must also be careful to keep records and information con dential in order to maintain the privacy of research participants But ethical questions still linger Should a criminologist who is told in con dence by a research subject about a future crime report her knowledge to the police How far should a criminologist go to pro tect her sources of information Should stated intentions to commit offenses be disclosed In studies that involve experimentation and treatment care must be taken to protect those subjects who have been chosen for experimental and control groups For example is it ethical to provide a special program for one group While depriv ing others of the same opportunity just so the groups can later be compared Con versely criminologists must be careful to protect subjects from experiments that may actually cause harm An examination of the highly publicized quotScared Straightquot pro gram which brings youngsters into contact with hardcore felons in a prison setting found that participants may have been harmed by their experience Rather than be ing frightened into conformity subjects actually increased their criminal behavior41 Chaptert CRIMEANDCHIMINULOGY Finally criminologists must take extreme care to ensure that research subjects are selected in a random and unbiased manner42 Of course it is critical that criminological research do no harm to subjects but this may not be enough criminological research can and should be empowering and directly useful to research participants To be truly ethical criminological research must have social value to research participants rather than simply doing no harm43 Part1 CONCEPTS OF CRIME LAW AND CHIMINOLUGY Chapteri CRIMEAND CRiMlNULOGY inoffensive Criminologists are often concerned criminal behavior and wrongdoing It punishes 39with the concept of deviance and its relationship transgressors It creates equity And it abrogates quot quotto criminality the need for private retribution indictment 22 bail 23 grand jury 22 recognizance 23 information 22 plea bargain 23 39 Discuss the three different views of the ri e Describe the criminal justice process definition of crime prdimimw hearing 2 2 1111113le 33 The criminal justice process involves 15 stages According to the consensus View crimes are beginning with initial contact and ending behaviors that all elements of society consider with postrelease aftercare At each stage of the quotrepugnant It is the belief that the majority of process the offender can either be released or citizens in a societysharelcommon values and moved on to a higher level At the end they agree on what behaviors should be de ned are transformed from a suspect to a convicted as criminal The conflict view depicts criminal criminal who bears a label 39such as rapist or thief behavior as being de ned bythose in power to protect and advance their own selfinterest y According tdthe interactiomst View those with Ethical issues arise when informationrgathering social povver are able Itoimpose their values on 39 methOdS appear biased or eXdUSionarY These soCietY as a whole and these Values then de nef 1551163 mai cause sell011 Consequences because Cami1151 behaViOL quot quot research ndings can signi cantly affect 39 quot 39 individuals and groups Criminologists must be concerned about the topics they study Another H ethical issue in criminology revolves around the The criminal law serves several important 1 selection of research subjects A third area of I 39purpOSesIt represents public opinion and moral quot 39 concern involves the methods used in conducting 39 39 valuesIt enforces seeial controls It deters I research arraignment 22 appeal 23 lyequot un t 01 39 v i u 1 M E a r W 2 A 17 iti i i it it it i it as it t i is What are the speci c aims and purposes of the crimi 3 Beccaria argued that the threat of punishment con nal law To what extent does the criminal law control trols crime Are there other forms of social control behavior Do you believe that the law is too restric Aside from the threat of legal punishment what else rive Not restrictive enough controls your own behavior roe Identify the ethical issues in criminology 2 If you ran the world which acts that are now le x Would it be ethical for a criminologist to observe a gal would you make criminal Which criminal acts teenage gang by hanging with them drinking and would you legalize What would be the probable watching as they steal cars Should the criminologist consequences of your actions report that behavior to the police Discuss the different p Urposes of the criminal law 39 39 trait theory 12 39 I 539 2quot social structure theory 13 j 39 I 39 1 social process theory 13 39 V 39 39 quot quot 39 quotc39ri39tical39ICriiniiiOIOgiSts 13 shrime 14 391 7 quot752 515 1 3 39 deernninalizedquot lS39 39 5 3 Consensusview I 1 6 g Cr i 8 1112 i I ijaaz assas 22 39
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