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Nature of Crime notes including all lectures, Professor Tara Tripp...

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What is criminology? ● Interdisciplinary science that gathers and analyzes data on various aspects of crime and criminal behavior ● The goal of criminology as with all scientific disciplines is t understand the subject matter (what causes crime) and to determine how that understanding can benefit society ● Criminologists use the scientific method to study crime and criminal behavior ● The scientific method is a tool for uncovering the truth from error by demanding evidence for ones conclusions by formatting hypothesis derived from theories that are tested with data ● Evidence is obtained by formatting hypothesis derived from theories that are tested with data.

● Criminology, Criminal Justice & Justice ● Based on what we have already discussed- do you think criminology and criminal justice are the same concepts ● CJ= field of study that focuses on CJS (courts/corrections & law enforcement) ● Justice= quality of being fair under the law ● Are the similarities & differences? Criminology and deviant behavior ● Deviant behavior= actions that depart from the norm ● What is the norm? ● Is all criminal behavior deviant and is all deviant behavior criminal? Collection and Analysis of Data ● Criminologists collect data on criminal activities in an effort to identity trends in society that point to the more serious crimes occurring in society ● They analyze court data, along with arrest rates to assist with community planning and development ● Create surveys to identity loss and injury from crime and victimization Socio legal studies: ● Another subarea of criminology that is concerned with the role social forces play is shaping criminal law and the role of the criminal law in shaping society ● Criminologists are interacted in the interrelationship between law and society and focus on some of the following topics: ● History of legal change and development ● The impact of legal change over society ● The relationship between law and social control ● The effects of criminalization on behavior

Theory construction and testing ● Social theory= systemic set of interrelated statements or principles that explain some aspect of social life (kids go to school to get a better education = do better in life) identify differences of environment and factors that go into it that identify whether a kid will actually meet that goal, etc. ● At their core= theories should serve as models or frameworks for understanding human behavior (how it's shaped) Crime typologies ● Criminologists who study criminal behavior systems and crime typologies focus their research on specific criminal types and patterns ● Criminologists also conduct research on the links between different types of crime and criminals ● This is what is known as a crime typology ● Most common art violent, non-violent and public order (ordered?) offenders Punishment & Penology Criminologists are also involved in creating effective crime policies by evaluating initiatives in order to determine their efficient effectiveness and impact

Criminologists view of crime Views depend on which school of thought criminologists most identify with Perspectives vary from one criminologist/school of thought to the next The consensus view of crime According to the consensus view of crime- behavior is believed to be repugnant to all elements of society Consensus implies that there is a generation agreement among the majority of citizens on what behaviors should be outlawed by the criminal law and hence viewed as crime I.e. crime- violations of the criminal laws - therefore acts can not be defined criminal unless there is a law that prohibits it Social Harm The consensus view-- links illegal behavior to the concept of social harm It is pretty much agreed upon that behaviors that are harmful to society must be controlled Social harm is what sets strange, unusual or deviant behavior or any action that departs from social norms apart from criminal behavior (its a violation of our social norm to double park your car in front of a parking space. Not a crime but not socially acceptable. Driving through a neighborhood at night with really loud music.

The conflict view of crime The conflict view of crime depicts society as a collection of diverse groups- business owners, workers, professionals, students who are in constant and continuing conflict Groups that are able to assert their political power use the law and criminal justice system to advance their economic and social positions Criminal laws therefore is thought to protect the haves from the haves nots (divides society) The Cost of Crime ● Direct cost → emotional pain can not be quantified ● Running the CJS = estimated only ($$) ● Indirect costs== further security and protection Interactiionalist view of crime Created by George Herbert Mead, Charles Horton & WI Thomas based on a school of thought that explains how behavior in terms of how people interact with other How people interact and communicate with one another depends on language, actions, and physical status Definition of crime is subjective and dependent and social interaction Moral entrepreneurs= those that attempt to control social life and legal order so that they can promote their own set of morals (they can shape our CJ system) What is crime? So crime is thus an act: That violates societal rules of behavior as interpreted by the criminal legal code created by people holding social and political power That violates societal rules of behavior as interpreted by the criminal legal code created by people holding social and political power Individuals who violate these rules are subject to sanctions by state authority, social stigma and loss of status Paul Tappan (1947) defined crime as “intentional act in violation of the criminal law committed without defense or excuse, and penalized by the State.” Thus the state has the power to define crime giving it fluidity– meaning it can be changed or amended at any time.

The Law The concept of criminal law has been around for more than 3K years starts with the code of Hammurbai, the 10 commandments shaped our criminal laws. Influenced death penalty, eye for an eye, retrubitve justice, etc.

Common Law- early English law developed by judges that incorporated Anglo Saxon tribunal customs, feudal rules and practices and everyday rules of behavior of local villages Common law become the standardized law of the land in England the eventually formed the basis of the Criminal law in the U.S Judicial precedents become common practice in the courtroom thus the term common law (taking descrition away from judges) Common Law Crimes such as murder, burglary, arson, rape are considered common law offenses because initially they defined by judges (mala in se) These acts are inherently evil and thus referred to as Mala in se offenses Statutorily defined crimes (referring back to english common law (parliament enacted) are referred to as Mala Prohibitum offenses-- typically enacted as result of social conditions. Example- theft Substantive criminal law Substantive criminal law defined crime and punishments Each state and the federal government have their own substantive criminal code Laws incorporate (moral beliefs/ social values/ political / econ & social concerns) Criminal laws are divides into felonies and misdemeanors The distinction is seriousness Felonies- serious offense such as rape/ murder/ robbey/ or burgarly that is punishable y a prison sentence (mala en se) Misdemeanors- minor or petty offenses typically punishable by a fine or community service (however there are some instances where a short jail term can be given (Mala prohibitum) The elements of criminal law 1. Actus reus- the guilty act- the crime 2. Mens rea- the guilty mind the intent behind the act 3. Strict liability- there are several offenses that do not require that a person have Mens Rea prior to the crime- in this case the person is guilty simply by doing the act because the law prohibits such behavior a. Intent is not necessary in strict liability cases Criminal defenses When people defend themselves against criminal charges they are attempting to refute one or more of the elements of the crime that they are accused of: Examples -Falsely accused -Did commit the act but lack intent

-Excused due to mental deficiency -Justiciaption -i.e self defense/duress Criminality A combination of following continuously distributed traits: Low empathy Low self-control High sensation-seeking Signals the willingness to use force, fraud, or guile Measuring crime and criminal behavior When we start attempting how to predict any social problem, the first step tht many be undertaken is to determine the extent of the problem Gauging the extent of a problem means: Discovering how much of the problem exists Where and when it occurs the most & what social constructs does it occur in Most sources of crime data fit into the following categories: Official statistics-- UCR, NIBRS (optional, second hand source bc its state led/does not represent whole country) Victimization survey data-- NCVS Self reported data Official statistics are those derived from the routine functioning of the CJS The most basic category of the official statistics comes from: The calls made to police by victims/witnesses and The crimes that police discover through patrol Other categories of official statistics: Information collected on arrests/ convictions & Correctional populations The UCR; The primary source of official statistics in the US Complied by the FBI Reports; crimes known to the police and sheriff departments & the numbers of arrests made by these agencies Federal crimes are not included UCR The UCR separates crimes in 2 categories= part one offenses (inherently bad in nature- mala in

se/ most serious crime or violent crime) and part 2 offenses (mala prohibita - treated as less serious offenses and recorded on arrests made rather than cases reported to the police) The emergence of victimology Criminologists who focus their attention on crime victims refer to themselves as victimologists The NCVS indicates that 20 million theft and violent victimizations occur each year This number has declined considerably in the past 20 years, however it still represents 12 % of all the households Victimization theories: Cycle of violence: Victim precipitation theory ● Victim precipitation first theorized by von Hentig and applies only to violent victimization ● The basic premise-- is that by acting in certain provocative ways, some individuals initiate a chain of events that lead to their victimization ● Most murders of spouses and boyfriends of women for examples are victim precipitated in that the “perpetrator” is defending herself from the victim ● Victim precipitation can be either active or [assive: ● Active precipitation-- occurs when victims act provocatively, use threats or fighting words or even attack first ● Victim percipitation theory has been contecious when it is applied to rape every since Menachem Amir’s 1972 study of police records which found that 19% of forcible rapes were victim agreement to sexual relations and then reneging ● This attitude seems to indicate that some people believe that there could be an act labeled Justifiable rape” in the same label justifiable homicide” → for this very reason, criminoligists disparage victim perciptation theory as victim blaming, although it was never meant to be that ● Passive precipitation-- occurs when the victim exhibits some personal characteristic that unknowingly either threatens or encourages the attacker ● In some instances the crime can occur because of personal conflict ● A woman can become the victim of domestic violence when she increases her job status and her success results in a backlash from a jealous spouse or partner (can also occur when the victim belongs to a group whose mere presence threatens the attackers reputation, status, or economic well being (i.e. hate crimes) Victim personality

● One reason why people may invite or precipitation victimization because there is an element in their personality that incites attacks ● Depression and anxiety have been linked to victimization ● Perhaps criminals single out people who lack confidence, seem anxious or most likely to not fight back ● Research has shown that people who are impulsive and lack self control are less likely to have a high tolerance for frustration and a physical rather than mental orientation -- they are less likely to practice risk avoidance ● It is possible that impulsive people are not only antagonistic and therefore more likely to become targets but they are also risk takers who get involved in dangerous situations and fail to take precautions ● Not only do criminals seek out people with personality deficits but those with physical disabilities are also more at risk ● The rate of victimization (violet) for persons without disabilities is about 14 per 1,000 ● In a single year, persons with disabilities experiences about 1.3 millions violence victimization Routine activities-lifestyle theory ● Routine activities theory and lifestyle theory are separate entities but in victimology they are similar enough to explain criminal behavior but it can be applied to victims as well ● Victimization is not random but a function of the victims lifestyle ● stresses that criminal behavior takes place via the interaction of three variables...There are certain lifestyles that disproportionately expose some people to high risk of victimization. Both obligatory (work) and optional (recreational). 1. Presence of motivated offenders. (offender observes someone with new technology) 2. Availability of suitable targets. (victim not paying attention, not aware of surroundings) 3. Absence of capable guardians. (no self-defense, by themselves) ● High risk lifestyles include hanging out with devient peer groups, drugs, prostitution, hanging out at bars frequently until late at night, etc... ● High risk lifestyles sometimes lead to repeat victimization. ● Prior victimization has been cited “arguably” as the best readily available predictor of future victimization. Lifestyle theory-● The basic idea of lifestyle theory is that there are certain lifestyles (routine activities) that disproportionately expose some people to a high risk of victimization ● Lifestyles are the routine patterned activities that people engage in on a daily basis, both obligatory (work related) and optional (recreational) ● A high risk lifestyle may be getting involved with deviant peer groups or drugs, just hanging out or frequently bars until late at night and drinking heavily

● These lifestyles sometimes lead to repeat victimization ● Prior victimization has been cited arguably” as the best readily available predictor of future victimization ● Routine activities: ● RAT- first articulated by Cohen & Felso ● Concluded that the volume and distribution of predatory crimes are closely related to the interaction of three variables that affect the routine of typical americans: ● The theory stresses that criminal behavior takes place via the interaction of three variables that reflect individuals everyday routine activities ○ The presence of motivated offenders ○ The availability of suitable targets & ○ The absence of capable guardians ● Activities and lifestyle: Both theories rely on four basic concepts ○ Proximity to criminals ○ Time of exposure to criminals ○ Target attractiveness ○ Guardianships ● These theories share five theories about how people increase their risk of victimization: ○ People live in high crime areas ○ People go out late at night ○ People carry expensive valuables ○ People engage in risky behavior such as drinking ○ People are without family or friends to watch over them ● On the federal level, there is a Crime victims bill of rights-- which applies to ay victim of a federal crime → all 50 states have amended their state constitution to include some form of crime victims rights which include: having the right to be heard and making statements in the PSI & being eligible for crime victim compensation that covers medical and living expenses incurred as a result of their victimization The consequences of victimization: ● Under the victim of crime act close to $500 million annually is paid to ad behalf of more than 200,000 people surffering criminal injury including victims of spousal and child abuse, rape, assault, and drunk driving ● Most of this money goes toward uninsured medical bills (60%) The consequences of victimization:

● Some crime victims suffer lifelong physical pain from wounds or possible permanent disability, but for the most part the worst consequences are psychological. ● When we are victimized, our “just” view of the world is shattered. ● Victimization brings many emotions out of a person, some being irrational, but being a victim brings these feelings or emotions out of them. (Guilt, shame, fear, anger, suspicion, shock). ● Shock, anger, and depression that typically afflicts a rape victim is known as rape trauma syndrome. Similar to PTSD. ● Victimization indicates others as sources of threats and harm rather than sources of support. ● Close to $500 million annually is paid on behalf of 200,000 people suffering criminal injury. ● Most money goes towards uninsured medical bills (60%). (9)Victimization and the CJS: ● Crime Victims Bill of Rights - applies to any victim of federal crime. ● Means having the right to be heard and making statements in the PSI. ● Being eligible for compensation that covers medical and living expenses incurred as a result of their victimization. NIBRS ● National incident based reporting system ● Began in 1982 ● Designed to collect more detailed and comprehensive crime statistics than the UCR ● Collects data on 46 Group A offenses and 11 Group B offenses ● No hierarchy rule thus is reports multiple offenses, victims & offenders ● Only 19 states participate ● Provides info on the circumstances of the offense and about the victim NCVS ● ● ● ● ●

National crime victimization survey (1972) Crime victimization surveys involve asking large numbers of people If they have been criminally victimized within some specified time frame Regardless of whether they reported the incident to the police Census bureau personnel interview a national representative sample of people aged 12 or older on behalf of the Bureau of Justice Statistics twice a year ● Known problems with the NCVS: ○ Drug dealing/prostitution and victimless crimes not revealed in survery data ○ Surveys only households, crimes committed against commercial businesses (bars/stores) are not included ○ Data does not have to meet any evidentiary standards in order to be reported as a offense ○ Memory lapses ○ Forgetting parts of the ancients ○ Lying ○ Misunderstandings

● UCR & NCVS: ○ Both agree on demographics of crime in that they both tell us that: ○ Young ○ Poor ○ Males and that ○ AA are more likely to be both perpetrators and victims of crimes ○ The geographic nature of crime and victimization ○ Variation in crime rates overy various times of the year, as well as, ○ The moths whe crime and victimization are most likely to increase/decrease ○ Help predict crime trends

Self report surveys: ● Provide a way for criminologists to collect data without having to rely on government sources ● Questionnaires used in these surveys typically provide a list of offenses and ask subjects to check each offense they recall having committed and how often ● Sometimes asks how many times a person has been arrested ● Known problems: ○ Majority survey sampling of high school and college students which are populations where we don't find a wide diversity of criminal offending ○ Uncovers trivial antisocial acts such as fighting, etc ○ Most people surveyed don't have extensive criminal histories, those that do tend to under report ● One of the more popular findings from surveys: ● Males tend to report antisocial behavior less honestly than females and AA less honestly than other racial groups Trait theories: The rise in biological positivism Foundations of trait theories: ● During the late 19th century, the scientific method (what is that) was beginning to take hold in Europe ● Rather than reply…. Foundations of trait theories: ● Charles Darwin discoveries on the evoluti...