Public perception of crime and criminals as products of television
dramas, movies, and selected news reports
Crime is a broad concept; the commonly recognized street crimes such
as murder, robbery, and burglary represent only part of the crime picture
Crime also includes white-collar crime, victimless crimes, and corruption
Crime definitions vary from state to state and from country and country
The Nature of Crime
Crime as drama, as sin, and as violation of natural law
Crime as a social construct; the sociology of deviance; crime is
not an absolute concept, but rather a definition created by persons in
power and used against other persons who threaten the social order
Crime and moral crusades
Howard S. Becker
Prohibition movement
Crime and deviance; not all deviant behavior is criminal; not
all criminal behavior is deviant
Crime as a legal construct; Paul W. Tappan legal definition of crime:
Crime as an intentional act or omission in violation of criminal law (statutory
and case law), committed without defense or justification, and sanctioned
by the state as a felony or misdemeanor
act or omission; a crime may be something that a person does
(robbery) or something that a person does not do which is required
by law (misprision of felony)
criminal intent, mens rea or the guilty mind
specific
general
vicarious liability
violation of criminal law, deals with offenses committed against
the state (society as a whole)
civil law deals with private rights and liberties and the
resolution of conflicts between individuals
types of criminal law; statutory law, case law, common law
defense or justification, either the accused did not have intent
or the behavior should be overlooked or forgiven
defense: allows a person to be excused from criminal responsibility
or mitigates (reduces the severity of) the criminal responsibility;
examples include insanity, mistake of fact, and duress
justification: a cause or excuse for the commission of an
act which would otherwise be a crime
sanctioned by the state
there can be no crime without a punishment
the law must be specific
only the offender can be punished
felonies and misdemeanors
mala in se and mala prohibita
felony and misdemeanor, distinguished by severity of penalty
Criminal Law
Definitions of law
Origins of law
The English Common law; based on customs and common practices; provides
the foundation and basic principles of the U.S. legal system
Early American law
Other sources of criminal law
U.S. Constitution and state constitutions
federal and state statutes (statutory law)
administrative law
Theories of Crime Causation
The criminologists "stone"—why do some people, but not others,
commit crimes?
Biological theories
criminal anthropology
heredity
constitutional inferiority and body types
aberrant chromosomes
crime and human nature
Sociocultural theories
anomie
labeling
primary deviation
secondary deviation
cultural learning
University of Chicago sociology
Sutherland and differential association
Social and cultural structure theories
The Chicago school
Strain Theory
Anomie Theory
General strain theory
Culture conflict and cultural deviance theory
Sellin – norms, values and goal orientations in conflict
with the law
Cohen – delinquent subculture
Miller – focal concerns
Cloward and Ohlin – differential opportunity
Social and cultural process theory
Learning theory
Social control theory
Labeling theory
Summary
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