Introduction to Criminology Defining Criminology The Criminal Law

Introduction to Criminology Defining Criminology The Criminal Law Development of Academic Criminology Theories of Crime Politics/Ideology

Defining Criminology Edwin Sutherland’s definition The scientific study of lawmaking, lawbreaking, and the response to lawbreaking Lawmaking = how laws are created/changed Lawbreaking = nature/extent of crime Reaction = police, courts, corrections Science stuff vs. other ways of knowing

Criminology vs. Criminal Justice The study of agencies related to the control of crime Criminology The study of crime trends, nature of crime, theories of crime Reality? Two sides of the same coin

Criminology vs. Deviance Criminology focuses on crimes Crime Deviance focuses on violations of societal norms These = violation of criminal law may or may not also be law violations Can you think of a norm violation that is not a law? How about a law violation that does not violate a norm?

A Very Brief History of Law 2000 BC Earliest Surviving Legal Codes 1750 BC Code of Hammurabi: lex talionis Roman “Twelve Tables”: 451 BC “Dark Ages” (500 -1000 AD) Written codes were lost and superstitions and fear of magic dominated thinking.

Development of Common Law 6 Norman Conquest (1066 AD) William the Conqueror establishes “royal court” “Stare decisis” became the dominant standard English common law born during the reign of Henry II (1154 -1189) “Circuit Judges” Development of Jury System

Current Types of Law 7 Criminal Law Procedural vs. Substantive Statutory vs. Common Civil Law Tort law

Substantive vs. Procedural Law 8 Substantive Law Written code that defines crimes and punishments Procedural Law Rules of the court, trials. . .

Common Law v. Statutory Law 9 Common Law is judge-made law. The law is found in previously decided cases. Statutory Laws are derived from legislative acts that decide the definition of the behavior that is codified into law.

Criminal and Tort Law A public offense Enforcement is state business Punishment is often loss of liberties or sometimes death Fines go to the state State doesn’t ordinarily appeal Proof beyond a reasonable doubt A civil or private wrong Individuals bring action Sanction is normally monetary damages Both parties can appeal Individuals receives the compensation for 10 harm

Seriousness of Crimes I Mala in se Wrong or evil in themselves Core of legal code Mala prohibita Homicide Wrong because they are prohibited Change over time and across society Robbery Prostitution Gambling

Seriousness of Crimes II 12 FELONY MISDEMEANOR More serious offenses Less serious offenses Punishable by death or imprisonment for more than a year in a state prison. Punishable by incarceration for less than a year in a local jail or house of correction.

A criminal law must indicate a type of intent and a specific behavior 13 Actus Reas Physical act must be voluntary If crime is“Failure to act, ” there must be legal obligation. Statutory Obligation, Relationship between parties, Contract Mens Rea General or specific intent Transferred Intent Negligence Strict Liability Offenses

Specific Criminal Defenses 14 Deny the Actus Reas (I didn’t do it) Deny the Mens Rea Ignorance / Mistake Intoxication? Insanity Defense

Who does the law serve? Consensus view Law results from societal agreement on what behaviors are most harmful Laws apply to all citizens equally Conflict view Law results from conflict over what behavior should be criminalized Those with the most power define what is criminal and often use the law to protect their interests Which is correct?

Criminology as a Discipline Until the 1970 s, there was no “criminology” or “criminal justice” degree Sociology became the dominant disciple Still contributions from biology, psychology, political science 1980 -Present Criminology emerging as separate entity Ph. D in Criminology/Criminal Justice now the norm Still debate about whether Criminology is a distinct discipline Organized around a class of behaviors rather than a distinct way of looking at the world Sociologists still see criminology as a “sub-discipline” of sociology

Sociological Criminology—Good & Bad Good: Focus on social structure and inequality; healthy skepticism (debunking) Bad: Ignore/ridicule “outside” disciplines and their focus on individual differences The Irony? Psychologists and biologists believe that social forces are as (or more) important than individual differences This class will explore crime from a multidisciplinary lens

A Crude History of Criminology Demonic Perspective pre-1750 s Crime as god’s will, result of demonic possession Classical School (1750 s-1900; 1970 s to now) Utilitarian philosophy (Becarria, Bentham) A response to an unjust/arbitrary legal system Free will, humans use a “hedonistic

Crude History—Part II Positive School (1900 -present) Crime is “caused” by outside forces (determinism) Solution is to fix these causes (medical model, rehab) Scientific research on offenders, crime (not law) Different types of positivism Bio/psych determinism (1900 -1920 s) Sociological theory (1920 s-Present) Critical theories (1960 s-early 1970 s) Developmental Theory (1990 s-present)

Crime Theory Backbone of criminology Scientific Theory Must be able to test theory A GOOD theory survives empirical testing Empirical Some = real world observations theories are sexier than others Parsimony Scope Usefulness of policy implications

Flow Chart for Evaluation NO = Useless, stop here Falsifiable? Logical? YES Yes Empirical Evidence? Evaluate the Following: • Scope • Parsimony • Policy Implications NO: Modify/Discard

Empirical Evidence is the KEY Theories attempt to demonstrate cause-effect Criteria for causation in social science using a poverty crime example Time ordering: poverty happens before crime Correlation: X is related to Y Relationship is not spurious (e. g. , low self-control causes both poverty and crime)

Methods for generating evidence Experiment Key is randomly assigned groups Only factor that effects outcome is group difference at start of experiment Limit = artificial nature

Experimental Design (2 of 2)

Methods for generating evidence II Non-experimental Survey research Cross sectional Longitudinal Limit = how to rule out spuriousness Upside = ask whatever you want

Ideology in Criminology Walter Miller Ideology is the “permanent hidden agenda of Criminal Justice” What is “Ideology? ” American Political Ideology Liberal/Progressive Ideology Conservative Ideology Radical Ideology

Dominant Ideologies in U. S. CONSERVATIES Value order/stability, respect for authority People get what they deserve Crime caused by poor choice (Free will) LIBERALS Value equal opportunities and individual rights Success/failure depends on outside forces and where you start Crime is caused by outside influences

Implications of Ideology for Crime and Justice Conservatives tend to fit with “Classical School” “Neo-Classical” James = deterrence, incapacitation Q. Wilson’s “policy analysis” Liberal/Progressive fit with positive school Favor decriminalizing some acts “Root causes” of crime only fixed by social change Rehabilitation may be possible Elliott Currie = ample evidence that government can address social ills and prevent crime Radical = Marxist/conflict theory

Ideology as “hidden agenda” Many policies and programs are driven more by ideology than empirical evidence Intensive supervision probation (conservatives) Restorative justice (liberals)

The “Martinson Report” (MR) The “Martinson Report” was review of studies on rehabilitation published in the early 1970 s Concluded that not much is working Used by politicians as the reason for abandoning rehab Social Context of the 1960 s Hippies, Watergate, Attica, Viet Nam, Kent State… Conservatives? SKY IS FALLING Liberals? Cannot trust the government Reality = liberals and conservatives were both “ready” to pull the plug on rehabilitation

The Limits of Empirical Evidence Criminologists tend to be cautions with conclusions All studies are flawed in some way Politicians and public tend to “over generalize” from a single study This can lead to bad policy RAND Felony Probation study Domestic Violence Experiments

Good theory makes good policy… In a perfect world, programs and policies would flow from empirically supported theories of crime Unfortunately, people often “shoot from hip” Policy without Theory The “panacea” problem: scared straight, intensive probation, boot camps, warm and fuzzy circle… Some hope in “evidence-based” movement Multisystemic Therapy (MST)