Chapter 1

Crime, Criminology, and the Criminal Law

By
Dr. Umair Ahmed Minhas
What is Criminology?

• Criminology is the scientific study of the nature, extent, cause, and

control of criminal behavior.
• Criminology is the scientific study of:
• the extent and nature of crime: How much crime is there in our
society? What crime types are there?
• the causes of crime: Why do offenders commit crime?
• the consequences of crime: This includes the impact of crime on
victims and on society
• reactions to crime by the criminal justice system (such as the police,
courts, and prisons)
• the prevention of crime
• Crime and Sin
All the acts against religion are considered sins. Thus, sin can be defined as the
transgression of divine laws. Its very base is religion, while the crime is based upon
laws. The concept of sin is traditional, based on orthodoxy and rigidity. The final
decision in sin is taken on the basis of religious books while in the matter of crime;
it is taken by law court. Darrow has defined sin in a most suitable manner. In his
words, “Sin……is an offence against God, a transgression against the divine law and
any thought, desire, word, an act or omission against that law”.
• Crime and Vice
Vices are often included in the category of crimes, but many of them, sometimes
are not regarded as crimes. There is a lot of difference in their aims. The crimes
cause harm to others while the vicious or the wicked causes harm to him only. For
example, the vices like gambling, drinking prostitution or deriving pleasure out of
illicit sexual intercourse; cause harm to the individual only. As the harm to the
individual indirectly effects, the latter therefore prohibits the vices and generally
gives punishment for them.
Crime and Tort
The encroachment upon the individual rights is known as tort. Under-
hill has included the following actions in tort.
1. Encroachment of fundamental rights for which one is really
authorized.
2. Encroachment of rights for which one is to suffer from personal loss.
3. The encroachment of social rights of an individual. The losses which
can be compensated are counted as tort. The torts can be
compensated, but in a crime a due punishment is given compulsorily by
the law itself. In tort the man who has been injured or damaged by the
vicious act, applies to the court for the compensation while in the
matter of crime, the state itself punishes the criminal. The expression,
interpretation or any sort of article.
• Criminology is an interdisciplinary science:
• Sociology
• Criminal justice
• Political science
• Psychology
• Economics
• Natural science
What is Criminology?

• Criminology and Criminal Justice

• Criminology explains the origin, extent, and nature of crime in society
• Criminal justice refers to agencies of social control
• Both discipline areas overlap
What is Criminology?

• Criminology and Deviance

• Deviant behavior departs from social norms
• Not all crimes are deviant and not all deviant acts are criminal
• Criminologists study both criminology and deviance to understand the nature
and purpose of law (I.E. drug use)
Social Construction of Crime
• According to social constructionists, what counts as crime varies depending
on who is defining it:
“There are no purely objective definitions; all definitions are value laden and
biased to some degree,” and what is defined as crime by law “is somewhat
arbitrary, and represents a highly selective process” (Barak, 1998, p. 21). This
social constructionist challenge to the fact of crime as defined by law is
rooted in a history of critical theory.
Nature of Criminology

• Criminology continues to bring together in a very amorphous manner people

who do the following kinds of work:
• 1. Academicians (often sociologists) who teach students a subject called
criminology, including those criminologists who also do research and write
on the subject;
• 2. Teachers who train other people for professional roles in crime control
and criminal justice work;
1. Those who are involved in policy research within the criminal
justice system; and
2. Those who apply criminology that is all the people who are
employed in criminal justice agencies ,ranging from policemen to
lawyers to prison wardens to correctional workers.
3. Even this list of broad groupings does not exhaust the
possibilities as criminology and criminal justice increasingly play
prominent roles in the further development of society.
The Scope of Criminology

• 1. Study of the causes of crimes and development of criminals. 2. Study of

the origin and development of criminal laws. 3. Study of the different factors
that enhances as:
• a. criminal sociology- study the effects of social conditions on crime and
criminals including the machinery of justice and the evolution of criminal law
and punishment.
• b. criminal psychiatry- study of human mind in relation to criminality.
• c. criminal ecology- the study of criminality in relation to spatial distribution
on a community.
• d. criminal demography- study of the relationship between criminology and
population
• e. criminal epidemiology- study of the relationship between environment
and criminality.
• f. Criminal physical anthropology- study of criminality in relation to physical
constitution of humans.
The Scope of Criminology (Cont’d)

• g. Victimology- study of the role of the victim in the commission crime.

Study of the various process and measures adopted by society violation of
criminal laws:
• a. the detection and investigation of crimes,
• b. the arrest and apprehension of criminals,
• c. the prosecution and conviction of the criminal in a judicial proceeding,
• d. the enforcement of laws, decrees and regulations,
• e. the administration of the police and other law enforcement agencies,
• f. maintenance of recreational facilities and other agencies and strategies
that prevent the development of crimes and criminal behavior.
A Brief History of Criminology

• Classical Criminology 18th century

• Utilitarianism emphasized behavior is considered purposeful and useful by
the actor
• Cesare Beccaria (1738-1794) believed people have free will to choose
criminal or lawful solutions to meet their needs
• Choice is controlled by fear of punishment
• Punishment should be severe, swift, and certain to control behavior
A Brief History of Criminology

• Nineteenth-Century Positivism
• Application of scientific methods to study crime
• Auguste Comte (1798-1857)
• Two main elements: 1) human behavior is a function of forces beyond a
person’s control and 2) embracing the scientific method to solve problems
• Charles Darwin (1809-1882) popularized the positivist tradition
• Influences of physiognomy and phrenology
• Biological determinism - Cesare Lombroso (1835-1909) atavistic anomalies
• Social positivism developed to study the major social changes (sociology)
A Brief History of Criminology

• Foundations of Sociological Criminology

• L.A.J. Quetelet – cartography (demographic variables)
• Emile Durkheim – anomie ( role confusion)
• Crime calls attention to the social ills
• Rising crime rates can signal the need for social change
A Brief History of Criminology

• The Chicago School and Beyond

• Robert Ezra Park (1864-1944), Ernest W. Burgess (1886-1966), Louis Wirth
(1897-1952)
• The Chicago School - social ecology (reaction to an environment that was
inadequate for proper human relations and development)
• Edwin Sutherland suggested people learn criminality
• Walter Reckless linked crime to an inadequate self-image.
• Both views linked criminality to the failure of socialization
A Brief History of Criminology

• Conflict Criminology
• Karl Marx (1818-1883)
• Relationship between bourgeoisie (capitalists) and proletariat (labor)
developing class conflicts
• Development of conflict theory (the linkage between crime and capitalism)
• Impact on civil rights/women’s movements

• GENDER AND CRIME

Gender is the single best predictor of criminal behaviour : men commit
more crime, and women commit less. This distinction holds
throughout history, for all societies, for all groups, and for nearly every
crime category. The universality of this fact is really quite remarkable,
even though many tend to take it for granted.
A Brief History of Criminology

• Contemporary Criminology
• Rational choice theory argues people are rational decision makers
• Social structure theory argues social environment controls criminal behavior
• Social process theory argues criminal behavior is learned
What Criminologists Do: The Criminological
Enterprise
• Criminal Statistics
• Measuring the amount and trends of criminal activity
• Creating valid and reliable measurements of criminal activity
What Criminologists Do: The Criminological
Enterprise
• Sociology of Law
• Subarea of criminology concerned with the role of social forces in shaping
criminal law (I.E. legality of art works)
• Criminologists help lawmakers alter the content of criminal law to respond to
the changing times (I.E. sex offender registration)
What Criminologists Do: The Criminological
Enterprise
• Developing theories of Crime Causation
• Psychological view contends crime is a function of personality, learning, or
cognition
• Biological view incorporates biochemical, genetic, and neurological linkages
to crime
• Sociological view includes social forces such as poverty, socialization, and
group interaction
What Criminologists Do: The Criminological
Enterprise
• The Nature of Theory and Theory Development
• Social theory is a systematic set of interrelated statements that explain some
aspect of social life
• Some theory may be grand, while others are narrow in their focus
• Theory is based on social facts, which can be readily observed
What Criminologists Do: The Criminological
Enterprise
• Criminal Behavior Systems
• Involves crime types and patterns (I.E. violent, public order, and organized
crime)
• Edwin Sutherland’s “white-collar” crime
• Crime typologies involve different types of crime and criminals
What Criminologists Do: The Criminological
Enterprise
• Penology
• Correction and control of known criminal offenders
• Capital punishment is used as social control
• Mandatory sentences are aimed at social control and prevention of criminal
acts.
What Criminologists Do: The Criminological
Enterprise
• Victimology
• Examines the critical role of the victim in the criminal process (Hans von
Hentig andStephen Schafer)
• Use of victim surveys to measure the nature and extent of criminal behavior
• Creating probabilities of victimization risk
• Victim culpability or precipitation of crime
• Designing services and programs
How Criminologists View Crime

• The Consensus View of Crime

• Substantive criminal law defines crime and punishment
• Criminal law is a function of beliefs, morality and rules
• Laws apply equally to all members of society
• Acts which are considered as social harms should be outlawed to protect the
social fabric and members of society
How Criminologists View Crime

• The Conflict view of Crime

• Criminal law reflects and protects established economic, racial, gendered,
and political power and privilege
• Definition of crime is controlled by wealth, power, and social position
• Crime is shaped by the values of the ruling class and not the moral consensus
of all people
How Criminologists View Crime

• The Interactionist View of Crime

• This position holds 1) People act according to their own interpretations of
reality, 2) People observe they way others react either positively or
negatively, and 3) People reevaluate and interpret their own behavior
according to the meaning and symbols they have learned from others
• There is not objective reality, according to interactionists
• The definition of crime reflects the preferences and opinions of people who
hold social power
• Crime is socially defined by moral entrepreneurs
How Criminologists View Crime

• Defining Crime
• 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
• The definition combines all three criminological perspectives (consensus,
conflict, and interactionist)
Crime and the Criminal Law

• Code of Hammurabi (eye for an eye)

• Mosaic Code (basis for U.S. legal system)
• Compurgation (use of oathhelpers)
• Trials by ordeal (divine intervention)
Crime and the Criminal Law

• Common Law
• English system of law based on precedent cases
• Mala in se refers to crime considered as evil
• Mala prohibita refers statutory crimes
• Legislatures supplement common law with statutes
Crime and the Criminal Law

• Contemporary Criminal Law

• Felony offenses are serious criminal actions
• Misdemeanor offenses are minor or petty criminal actions
• Criminal law seeks to: Enforce social control, Discourage revenge, Express
public opinion and morality, Deter criminal behavior, Punish wrongdoing, and
Maintain social order
 Crime and the Criminal Law

• The Elements of a Crime

• Actus Reus is the action of a crime
• Mens Rea is the mental intent of a criminal action
• Strict Liability does not necessarily require specific intent
Crime and the Criminal Law

• Criminal Defenses
• Excuse defenses – insanity, intoxication, and ignorance
• Justification defenses – necessity, duress, self-defense, and entrapment
Crime and the Criminal Law

• The Evolution of Criminal Law

• Criminal law evolves to reflect social and economic conditions, such as
stalking statutes or sexual predator laws (Megan’s Law)
• Changing technology requires modifications in criminal law
Ethical Issues in Criminology

• What to study (influence of research money)

• Whom to study (unmasking the poor)
• How to study (experiments and harm)