Chapter 1: Defining, Classifying, and Measuring Crime

Key Concepts

1. Defining Crime

o Crime: A behavior that is prohibited by law and punishable by the government.

o Legal Definition: Crime is a violation of a rule that is enforced by the state, often codified
in criminal laws.

o Social Construct: The concept of crime is shaped by social, political, and historical
contexts. What is considered criminal can change over time and vary across societies.

o Moral and Legal Dimensions: What is considered "moral" or "immoral" may not
always align with what is legally defined as criminal.

2. The Social Construction of Crime

o Crime as a Social Phenomenon: Crime reflects the interests, values, and power
dynamics within society. Certain groups may have more influence in defining what is
criminal.

o Moral Panic: Occurs when certain behaviors or groups are exaggerated as threats to
social order, often leading to the creation of new laws or harsher punishments.

3. Classifying Crime

o Crimes are classified in different ways to understand their nature, severity, and impact on
society.

 Felonies: Serious crimes punishable by imprisonment for over a year or even

death (e.g., murder, rape).

 Misdemeanors: Less serious offenses, typically punishable by fines or

imprisonment for less than a year (e.g., petty theft, vandalism).

o White-collar crime: Non-violent crime typically committed by individuals in higher

social classes for financial gain (e.g., fraud, embezzlement).

o Street crime: Typically refers to violent or property crimes, often associated with lower
social classes (e.g., robbery, assault).

o Victimless crime: Crimes that do not have a direct victim, but still violate societal norms
or laws (e.g., drug use, prostitution).

4. Measuring Crime

o Crime Data: There are multiple ways to measure crime, each with its strengths and
limitations.
  Uniform Crime Reporting (UCR) Program: A system used by the FBI to
collect crime statistics from law enforcement agencies. It provides national data
but underreports certain crimes, especially those not reported to police.

 National Crime Victimization Survey (NCVS): A large-scale survey of

individuals about their experiences with crime. It helps to uncover the "dark
figure" of crime—those crimes not reported to police.

 Self-Report Surveys: Surveys where individuals are asked to report on their own
criminal behavior. These can provide insights into unreported crimes, but often
suffer from biases such as underreporting or exaggeration.

o Limitations of Crime Measurement:

 Underreporting: Some crimes go unreported due to victim fear, shame, or

mistrust in law enforcement.

 Reporting Bias: Certain crimes, like domestic violence or drug use, may be
underrepresented due to the willingness of victims to report or law enforcement
priorities.

 Official Statistics: Police data can be influenced by various factors, such as law
enforcement priorities, resource allocation, and reporting practices.

5. The "Dark Figure" of Crime

o The term "dark figure" refers to crimes that are not captured by official crime statistics,
often because they are not reported, or are underreported.

o This concept highlights the limitations of crime data and the importance of considering
other methods (like victim surveys) to understand the full extent of criminal activity.

6. The Role of Power and Politics in Defining and Measuring Crime

o Power Dynamics: Those in power play a significant role in shaping the legal definitions
of crime and in determining what is criminalized or ignored.

o Political Influence: The creation of laws and the classification of crimes may be
influenced by political agendas, social control, and public perception rather than purely
objective criteria.

o Media Influence: Media portrayal of crime can shape public perception and contribute to
moral panics, affecting public support for certain laws or criminal justice practices.

Discussion Points

 How do social, economic, and political factors shape the way we define and measure crime?

 In what ways do different crime measurement techniques reveal or obscure the true extent of
crime in society?
  Why might certain crimes be more likely to be reported or classified differently based on the
social status of the offender or the victim?

Key Terms

 Crime

 Felony

 Misdemeanor

 White-collar crime

 Street crime

 Victimless crime

 Uniform Crime Reporting (UCR)

 National Crime Victimization Survey (NCVS)

 Self-report surveys

 Dark figure of crime

 Moral panic

 Social construction of crime

Chapter 2: Criminal Law

Key Concepts

1. What is Criminal Law?

o Criminal law consists of rules that define behaviors considered criminal and specify the
punishments for those behaviors.

o Criminal Law vs. Civil Law: Criminal law deals with offenses against the state or
society, while civil law addresses disputes between individuals or entities (e.g., contracts,
property disputes).

o Purpose of Criminal Law:

 To maintain social order.

 To protect individuals and property.

 To deter criminal behavior and provide retribution or punishment.

2. Key Elements of Criminal Law

o Actus Reus (Guilty Act): The physical act of committing a crime. This could be an action
(e.g., assault) or a failure to act (e.g., neglecting to care for a dependent).
 o Mens Rea (Guilty Mind): The mental state or intent of the offender at the time of
committing the crime. It includes various levels of intent:

 Intent: Deliberate and purposeful behavior.

 Knowledge: Awareness of the likely consequences of one's actions.

 Recklessness: Consciously disregarding a substantial and unjustifiable risk.

 Negligence: Failing to be aware of a substantial and unjustifiable risk where a

reasonable person would have been aware.

o Concurrence: The principle that both the actus reus and mens rea must occur together
for a crime to be committed.

o Causation: The act must be the direct cause of harm or damage (e.g., in homicide, the
defendant's actions must directly lead to the victim's death).

3. Types of Crimes

o Felonies: Serious offenses, typically punishable by imprisonment for over a year or by

death (e.g., murder, robbery, rape).

o Misdemeanors: Less severe crimes, typically punished by fines or imprisonment for less
than a year (e.g., petty theft, vandalism).

o Infractions: Minor violations, usually punished by fines (e.g., traffic violations).

o Inchoate Crimes: Crimes that are initiated but not completed (e.g., attempt, conspiracy).

o Strict Liability Crimes: Offenses where the defendant can be found guilty without proof
of mens rea, typically in regulatory offenses (e.g., selling alcohol to a minor).

4. Defenses in Criminal Law

o Justification Defenses: These defenses argue that the defendant's actions were justified
under the circumstances.

 Self-Defense: The use of reasonable force to protect oneself from imminent

harm.

 Defense of Others: Protecting another person from harm using reasonable force.

 Defense of Property: Protecting property from unlawful interference.

 Duress: The defendant committed the crime because they were forced or coerced
to do so under threat of immediate harm.

 Necessity: Committing a crime to avoid a greater harm (e.g., breaking into a

house to escape a natural disaster).

o Excuse Defenses: These defenses argue that the defendant should not be held criminally
responsible due to their state of mind or circumstances.
  Insanity: The defendant lacked the mental capacity to understand the nature of
their actions or distinguish right from wrong.

 Infancy: The defendant was too young to understand the criminal nature of their
actions.

 Intoxication: The defendant was under the influence of drugs or alcohol,

affecting their ability to form mens rea (only a valid defense in certain cases, e.g.,
voluntary intoxication for specific intent crimes).

 Entrapment: The defendant was induced by law enforcement to commit a crime

they would not have otherwise committed.

5. Classification of Criminal Law

o Substantive Criminal Law: Defines what constitutes criminal conduct and the
punishment for committing those acts.

o Procedural Criminal Law: Establishes the procedures and rules for law enforcement,
courts, and corrections to follow in the prosecution of criminal cases (e.g., Miranda
rights, search and seizure laws).

o Common Law vs. Statutory Law: Common law refers to legal precedents set by judicial
decisions, while statutory law refers to laws passed by legislatures.

6. The Role of Criminal Law in Social Control

o Criminal law serves as a mechanism for maintaining order and regulating behavior within
society.

o It operates as a tool of social control, deterring individuals from engaging in unlawful

behavior and setting boundaries for acceptable conduct.

o The application of criminal law is also influenced by factors such as power, politics, and
social norms, and may reflect the interests of powerful groups.

7. Challenges and Criticisms of Criminal Law

o Disparities in the Criminal Justice System: There are significant disparities in how
criminal laws are applied to different groups based on race, class, and gender. These
disparities can lead to unequal treatment and outcomes.

o Overcriminalization: The expansion of criminal law to address a wide range of

behaviors, leading to potential overreach and the criminalization of minor offenses.

o Mandatory Sentences and Mass Incarceration: The use of mandatory minimum

sentences and tough-on-crime policies has led to mass incarceration, particularly among
marginalized communities, without necessarily improving public safety.

8. Criminal Law Reform

 o Calls for reform of criminal law focus on reducing overcriminalization, addressing
systemic inequalities, and promoting restorative justice.

o Restorative Justice: A system that focuses on repairing harm done to victims and
communities rather than solely punishing offenders. This model aims for rehabilitation
and reintegration of offenders.

Discussion Points

 What are the ethical implications of mandatory minimum sentences, especially in cases involving
non-violent offenses?

 How does the principle of mens rea shape our understanding of criminal responsibility?

 In what ways does criminal law serve the interests of powerful groups, and what are the
consequences of this?

Key Terms

 Actus Reus

 Mens Rea

 Concurrence

 Causation

 Felony

 Misdemeanor

 Inchoate Crimes

 Strict Liability Crimes

 Justification Defenses

 Excuse Defenses

 Insanity Defense

 Entrapment

 Substantive Criminal Law

 Procedural Criminal Law

 Common Law

 Statutory Law

 Social Control

 Restorative Justice