Understanding Definitions of Crime in Criminology, Exams of Sociology

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CRJ EXAM

As mentioned in a video lecture in this chapter, one of the primary reasons that we study crime is because of its personal relevance. Many Americans are either victimized by serious crime at some time in their lifetime, have loved ones who have been victimized by violence, or are employed in some way in the crime control business - law making - (e.g., why are particular types of harmful behavior considered criminal acts, but other types of harms are not illegal? differences in definitions of crime across jurisdictions). law enforcement - (e.g., the responses to crime by police, prosecutors, judges, and other officials within the criminal justice system). law breaking - (e.g., the extent, causes, consequences, characteristics, motivations/justifications for criminal behavior and its social and spatial distribution). etiology of crime - Theories relating to the "causes" of criminal behavior. These causes may be biological (e.g., testosterone, chemical imbalances), psychological (e.g., low impulse control, inner conflicts, personality disorders), or sociological (e.g., environmental/economic conditions, social bonds, cultural differences). The epidemiology of crime involves - its social, spatial, and temporal distribution. social attributes like - age, sex, race, education, and income Spatial differences include - variation in crime rates across nations, regions within countries, rural/urban differences, and "hot spots" for crimes within particular geographic areas. The temporal distribution of crime involves - variation over time (e.g., is the crime rate decreasing or increasing over time?), seasonality effects (e.g., is crime more common in

summer months than other times of the year), and differences by day of the week (e.g., weekends vs. weekdays) and time of the day (e.g., are particular types of crime more common in daytime or evening hours?). It is important to note that good criminological theories must account for both the - etiology of crime (i.e., the particular risk factors that lead to the onset or persistence of criminal behavior) and the epidemiology of crime (i.e., its social, spatial, and temporal distribution). What component of Criminology (law making, law enforcement, law breaking) is most likely to address questions about the etiology and epidemiology of crime? - National crime data compiled by the FBI indicates that persons arrested for violent crimes are more prevalent among 18-24 year old, Black males who live in urban areas. Based on these factors associated with the epidemiology of violence, briefly describe a possible etiological theory that would explain this social distribution of violence. - Why study crime? - Personal relevance, employment opportunities, naive fascination (who done it?) the three different ways to define crime? - (1) a normative/moral definition, (2) a legal/legalistic definition, and (3) a labeling/interactionist definition. Normative/Moral Definitions - Norms are shared views of what someone ought or ought not do as members of a society ... - Norms are shared views of what someone ought or ought not do as members of a society. As "shared" assessments of thoughts and behavior, normative definitions assume that there is widespread consensus among members of a society about what is appropriate and inappropriate behavior--for example, this idea of normative consensus would suggest that everyone in a society agrees that (1) murder is wrong and those who commit this act should be punished severely by death or life imprisonment and (2) calling someone an "idiot" is not very nice but nearly everyone would agree that it shouldn't be against the law. Chapter 2: Definitions of Crime Objectives:

• Know the differences between the 3 primary ways of defining crime: normative/moral, legal, and labeling definitions.
• Identify the types of societies in which a normative definition of crime is the most useful.

• Identify the key elements and conditions associated with a legal definition of crime.
• Explain how definitions of crime are socially constructed under a labeling definition of crime. Criminology Chapter 2: Definitions of Crime Copyright @2017 5 Criminal law under a normative definition reflects the consensus of values about the social harm of various types of conduct--conduct that is viewed as repugnant to all members of a society is collectively condemned through the criminal law. Under a normative definition of crime, criminal behavior represents conduct that violates public standards of morality. From this perspective, some conduct is given more severe punishment than other behavior because it is more morally reprehensible to the society. Notice how the punishments for the following criminal acts would seem to represent differences in public perceptions of the moral gravity of these offenses: Normative/moral definitions of conduct are often the basis for normative - In highly diverse and industrialized societies, a normative definition of crime is more difficult to apply because of greater cultural diversity and the lack of normative consensus about what should constitute criminal behavior in these types of societies. In fact, previous research on public attitudes about crime in the U.S. and other industrialized societies consistently finds that there is little agreement on the seriousness of particular crimes among different groups in these societies. For example, almost all Americans believe that murder and rape are horrible acts that should be severely punished, but there is widespread disagreement on the seriousness of various types of occupational crimes (e.g., Offense Punishment Murder Death, Life Imprisonment Rape 10-20 Years, Life Burglary 1 to 5 Years Jaywalking $50 to $200 Fine employee theft, income tax evasion, consumer fraud) and "victimless" crimes (e.g., gambling, drug use, prostitution). legal - A legal definition of crime simply assumes that crime is a violation of legal rules. ... - This legalistic approach does not question the legitimacy of the law-making process that generated these laws or whether the conduct that is being regulated by these laws should be against the law. Instead, crime is just any conduct that is defined as against the law. legal - From a legal/legalistic perspective, crime is law-violating behavior that involves a physical act (actus reus), a mental state (mens rea), and concurrence (the union of the physical and mental elements

legall - The act must involve conscious, voluntary, public harm. People who commit unconscious or involuntary acts (because of being illegally drugged, under duress, and/or insanity) are not criminally responsible. Notice that it is difficult to defend criminal laws that prohibit many "victimless crimes" (e.g., smoking marijuana, prostitution), attempted suicide, and/or motorcycle helmet laws on the basis of their "public" harm.

2. The offender must have criminal intent. There are different types of criminal intent including acting "purposefully" (acts done with specific intent), "knowingly", "recklessly" (conscious risk taking), and "negligently" (unconscious risk taking—e.g., you don't know what you are doing is wrong but any ordinarily reasonable person should know this is wrong). Acts done with specific intent (purposefully) are given the most severe punishment and those done "negligently" the least severe punishment. Also notice that just because someone acts knowingly (e.g., providing aid to a friend who is a terrorist) doesn't necessarily mean it is done for some nefarious specific intent (e.g., with intent to overthrow the government).
3. The law must specify a punishment for any criminal act and the act must be illegal at the time it was committed. Police departments in the U.S. and other countries use a legal definition of crime when compiling and counting crime data. If uniform definitions are used across jurisdictions and over time, it is possible to make comparisons about whether crime rates have changed over time and whether some cities/states have higher crime rates for particular offenses than others. Unfortunately, as you will find out shortly, police departments often vary in how they count crimes under a legal definition. An exclusively legal definition of crime also doesn't address the important question about why some acts with serious social harm (e.g., tobacco/alcohol production/consumption) are considered legal for adults, but other types of substances (e.g., marijuana) which may have less social harm are considered illegal in most jurisdictions. This idea of the "social construction" of criminal definitions is the basis of a labeling definition - ... Labeling/Interactionist Definitions - Both normative and legal definitions of crime focus on the behavioral dimensions of crime. From the normative perspective, crime is behavior that violates shared public standards of morality. A legal definition considers crime as behavior that violates legal rules. In sharp contrast, a labeling definition of crime assumes that no behavior is inherently criminal. Instead, labeling theorists believe that definitions of crime are socially constructed by those in power that have the ability to get their wishes and desires codified in law. A labeling definition of crime derives from a conflict theory of social order--this theory assumes that the criminal law is an instrument used by the ruling class and powerful groups to protect their interests and privileges. From a labeling or interactionist perspective, conduct that is labeled as "crime" is socially

constructed by those who have the ability to legitimize their own actions and criminalize the same behavior by those who lack this power. labeling - The labeling definition of crime and its presumption that crime definitions are socially constructed explains many of the apparent discrepancies in what types of behaviors are considered illegal and legal. For example, labeling theorists would argue that marijuana is an illegal drug but tobacco is legal because the tobacco industry has been able to get its product legitimized. The tobacco industry has also played a role in demonizing marijuana to eliminate it as a competing drug. Similarly, many acts of government corruption and influence peddling are considered civil violations or administrative "errors" rather than criminal acts because of the power of these groups, but individuals who lack this power are viewed as criminals when engaging in similar types of property offending. Jeffrey Reiman's book "The Rich Get Richer, the Poor Get Jail" provides a similar idea that equally serious acts are not being treated equally Defining Crime as Both Behavior and a Label Rather than defining crime as either normative/legal behavior or a label, Howard Becker has argued that any adequate definition of crime must look at both of these dimensions of crime. Under Becker's model, you must ask two questions in defining crime: (1) is the person involved in law violating behavior (no or yes)? and (2) what is the societal label/reaction to that person (i.e., is the person perceived as a criminal or non-criminal)? When these two dimensions are considered simultaneously, there are four distinct types of crime/criminals (see table below): - Several observations can be made about the four types of crimes/criminals under this classification scheme. First, most people are "non-criminals" (i.e., they don't engage in law-violating behavior and are not viewed as criminals). Second, some people who do not engage in criminal behavior but are perceived as criminals are "falsely accused"--for example, the Innocence Project has led to the exoneration by DNA evidence of over 220 "falsely accused" convicted murders and rapists. Third, most criminology textbooks focus on the category of "criminals" (i.e., persons who engage in law-violating behavior and who are labeled by society as criminals). Fourth, Becker says that the particular group of offenders who are the most injurious to a society is the "secret criminals" because they are engaging in illegal behavior but are not perceived as criminals. Many white-collar offenders who engage in illegal business practices a - There are different ways of defining crime. Crime may be viewed as behavior that violates moral standards that are widely shared by all members of a society. Crime is also defined legally as law-violating behavior, whereas a labeling definition considers criminal definitions to be socially constructed by those who have the power to do so. Becker's ideas about looking at both behavior and labeling definitions are important for any reasonable discussion about what is

crime and its nature and distribution in modern, industrial societies. Application Questions:

1. Why is a normative/moral definition of crime of limited value in explaining what specific behaviors are considered criminal acts in contemporary American society?
2. How does a legal definition of crime explain why some states have the death penalty for 1st degree murders and other states only have life imprisonment as the maximum punishment for these crimes? - Criminal laws serve various purposes and functions in a society. Sometimes social norms (things that one should do as a member of a society) are translated into legal norms (things that you are legally obligated to do) through the process of legalization. In other cases, the content of criminal laws has little to do with preserving or protecting cherished beliefs and norms in a society. Instead, criminal laws are used to either protect particular interests or groups, eliminate some undesirable conduct, or to control and regulate social relations. Examples of the purposes/functions of the development and passage of criminal laws include the following:
3. Reinforce public standards of morality by strictly enforcing particular laws and punishing wrongdoing.
4. Protect the wider society by using criminal punishments to incapacitate in jail and prisons those who have committed criminal acts and by using the threat of swif - Regardless of the particular content of the criminal law, a closer examination of the original legislation and amendments to it will often reveal the purpose or function of these criminal laws. For example, it is written in the preface to most state's current laws on sex offender registration and community notification that the purpose of these laws is to protect the community from sexual predators. Even in the case of "loony laws" (e.g., city ordinances and state laws that are weird and outdated), you can often uncover both the manifest (the explicitly stated reason) and latent functions (the hidden agenda) that underlies these laws. - ... Why are traffic laws necessary? What are the multiple purposes that they serve?
5. Why is it against the law in France to name a pig "Napoleon"?
6. Why are most white collar offenders (e.g., insider traders, industrial polluters) only given monetary penalties for their crimes, but ordinary citizens who commit similar crimes (e.g., grand larceny and burglary; destruction of property) are often given jail time for their offenses?
7. Under Nevada State Law, possession of marijuana for persons over 21 is a misdemeanor offense (punishable by a fine), but the same offense for a person under 21 is a felony (subject to a possible prison sentence). Give several possible explanations why there are different penalties for adults and juveniles for this drug offense. When considering these

explanations, think about the manifest and latent functions of laws and, specifically, how the different punishments for adults and juveniles - It is often assumed that increases in crime are an inevitable consequence when societies become more diverse, industrial, and complex. How and why this is thought to happen is because the "evil" social forces associated with increasing societal complexity (e.g., industrialization, urbanization, modernization, population increases) lead to aspects of social disorganization (e.g., a breakdown of bonds to society, increased density and competition for scarce resources, increased inequality in wealth, greater diversity and cultural heterogeneity) which, in turn, leads to greater levels of alienation and anomie (e.g., a sense of normlessness in the society) and higher levels of criminal behavior. This model of societal complexity and crime is summarized below: - ... What we know from historical and comparative research, however, is that all societies (no matter how complex/diverse they are) have crime and deviance. In addition, societies vary dramatically in terms of how they define crime, respond to crime, and ultimately their level of crime. To understand this relationship between crime and the structure of society requires an examination of the characteristics of particular types of societies. A comparison of the nature of "pre-industrial" and "industrial" societies provides a basis for examining the role and nature of crime in both types of societies - Pre-industrial societies are often characterized by their relatively small size, homogeneity of their population (i.e. they share a common language, heritage, culture, religion, etc.), and their relatively simple division of labor (hunters vs. gathers). When viewed comparatively and historically, examples of pre-industrial societies would include colonial America, the tribal societies of Africa, and the island nations of the South Pacific. - ... Within these societies, social order is based on conduct norms about what one should or should not do as a member of these societies. Social order is maintained through the strict enforcement of these social norms/customs that are widely shared and supported by the members of these communities (this is called informal social control when behavior is regulated by non-state authority [like family, friends, and neighbors]). - ...

The response to crime and other deviance is retribution (e.g., the eye-for-eye doctrine) to restore order in these societies. Some of these societies also have a collective responsibility for crime, meaning in this context that a crime is a private wrong against a person but all members of the offending party's family are responsible for the deviant act. When you are responsible for the actions of other family members, a model of collective responsibility promotes conformity. While criminal laws may be established to reinforce these public standards of appropriate conduct, these are often unnecessary because individuals are fully entrenched in these societies and informal mechanisms of social control (e.g., gossip, public ridicule, ostracism) are extremely effective because your life depends on others in your community. Under these types of societies, crime is relatively uncommon because of (1) shared views among all - ... - The nature of law and society in industrial or developed countries is based on a different system of social order and regulation. As represented by contemporary American life, industrial societies are often characterized by population hetereogeneity/diversity, a complex division of labor, and the unequal distribution of wealth. Within these types of societies, definitions of crime are based on the idea of legal norm violations, crime is considered a public harm against the state, and there is individual responsibility for its occurrence. The societal response to crime is designed to meet various purposes, including retribution, deterrence, and incapacitation. Social order in these pluralist societies is maintained through the threat and enforcement of legal rules and other mechanisms of formal social control. Although informal social controls (like gossip, obstracism, shaming) are still used in industrialized societies, they are often less effective in these societies Criminology Chapter 4: Crime and Structure of Society Copyright @2017 17 because people are less dependent upon others--you can more easily find new friends/associates in these societies if someone "disses" you. The criminal law becomes increasingly important as a formal mechanism of control in industrialized societies. Because more behavior becomes regulated by legal norms in industrialized societies, more potential criminal behavior is likely in these societies. So, is increased crime an inevitable consequence of greater societal complexity? The answer depends on the society's ability to maintain social control within this changing environment. For countries that have gone through

massive social change toward industrialization and development but have still maintained strong informal bonds because of cultural homogeneity or the preservation of uniform c Even though it is more often a characteristic of pre-industrial societies, identify several examples of how the notion of "collective responsibility" is also used in more industrialized societies like the United States.

2. Applying the model of societal complexity and crime, how would you explain the fact that Japan is a highly industralized society, but it has a relatively low crime rate?
3. Why is there really no such thing as a "victimless crime" in most industrialized societies?
4. Hyperlexis has been called a "national disease" in the U.S. because laws regulate and control virtually everything we do in our daily lives. In contrast to this notion of hyperlexis, describe a particular type of human activity in modern American society that is not regulated either directly or indirectly by legal rules. - ... Scientific Methods for Study Crime - Data Collection: Agency Reports (Police,Courts) -surveys of victims and offenders Data Analysis: Comparative/historical analysis (RISK FACTORS,RATES/TRENDS) -Model/Descriptive Arrest Histories (persistance, escalation, Desistance) Public harm and victimless crimes -
   1. Harm to other family members
5. Harm to the state as the "victim"
6. Harm to Public Standards of Morality. Is Anything inherently criminal? - Labeling theory says all criminal definitions are socially constructed- nothing inherently/innately wrong. EXCEPTIONS (MALA EN SE CRIMES) -murder ,rape, property theft Dead letter laws - a law that becomes inoperative a while after its initiation. The law will be still in effect. However, it cannot be enforced because of change in circumstances. Why "Dead Letter" Laws Exist? - -Law is conservative, slow to change. -Never know if need them for social engineering
   -Easier to modify existing law than to enact a new one. Hyperlexis - excessive legal controls

hyperlexis types of legal controls - criminal/civil laws, regulatory codes, ordinances, licenses, and codes of conduct. Examples of hyperlexis in everyday life: Which of the following types of criminal intent is associated with the most severe punishment in the U.S. Legal system? - Purposive conduct with specific intent Most criminal justice expenditures are funded by? - local governments Under a legal definition of crime which of the following states is true? - There must be a physical act, a mental state, and a union of this mental state and physical act that leads to the legally prohibited result. Labeling definitions of crime are best able to explain jurisdictional differences in which of the following types of crimes? - prostitution Which of the following are aspects of the scientific method for studying crime? - comparative/historical analysis -modeling arrest histories and factors associated with them -data sources for counting the frequency of crimes surveys indicate that Americans disagree on the rating of the seriousness of occupational crimes like employee theft and income tax evasion - Which are victimless crime? - Harm to other family members affected by these crimes, harm to the state in modern societies ,harm to public standards of morality. Dead letter laws are often used for the purpose of - social engineering Criminologist are concerned with the _________ and the ______ of crime - Etiology (causes of crime) and epidemiology (social, spatial, and temporal distribution) Becker argued that secret criminals are the most dangerous because? - they engage in law violating behavior , but society doesn't perceive them as criminals, Hyperlexis, the expansion of the use of law in all aspects of social life is more likely to occur in? - An example of crime etiology would be which of the following? - Phychological problems, such as low impulse control

Compared to other industrial societies. Japan has a relatively low crime rate. Which of the following factors are possible explanations for its lower crime rate? - Which of the following concepts is collective responsibility based upon? - Crime occuring more oftenn at night would be an examples of etiology of crime (temporal distribution)

• false its epidemiology Under a normative definiton of crime, criminal behavior: - violates standards that are of importance to society. Informal social controls are less effective in industrialized societies than pre-industrial societies because? - -People are less dependent on one another and new attachments can be made more easily industrialized societies. -Social order is more often maintained through the threat of imposing legal consequences) Labeling theorist assume that acts like adultery,teenage drinking, and prostituion are inherently wrong - false Dead letter laws are never enforced - false Which of t -