Criminology - Theory of Crime.

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Transcript of Criminology - Theory of Crime.

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1) Introduction2) Basic Definitions3) The Three (3) Principal Divisions of

Criminology4) Criminological Theories – The Thirteen (13)

Basic Identifiable Types5) The Two (2) Major Classifications of CRIME6) Classical Criminology7) Criminology Schools of Thought8) Conclusion

1) Introduction2) Basic Definitions3) The Three (3) Principal Divisions of

Criminology4) Criminological Theories – The Thirteen (13)

Basic Identifiable Types5) The Two (2) Major Classifications of CRIME6) Classical Criminology7) Criminology Schools of Thought8) Conclusion

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The word ‘Crime’ in modern dictionarydefinitions lends itself to a variety ofmeanings. It has a legal meaning. It is “anact (…) forbidden by a public law of asovereign state” as injurious to the publicwelfare, which, after indictment and trial,may be punishable by the judgement of acourt. (Merriam-Webster’s 3rd, 1976)

The word ‘Crime’ in modern dictionarydefinitions lends itself to a variety ofmeanings. It has a legal meaning. It is “anact (…) forbidden by a public law of asovereign state” as injurious to the publicwelfare, which, after indictment and trial,may be punishable by the judgement of acourt. (Merriam-Webster’s 3rd, 1976)

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1) FelonyA felony is a serious crimepunishable by at least oneyear in prison. Some familylaw felonies includekidnapping and custodialinterference (in somestates).

2) MisdemeanorA misdemeanor is a crime for whichthe punishment is usually a fineand or up to one year in a jail.Often a crime which is amisdemeanor for the first-offender,becomes a felony for repeatedoffences. All crimes that are notfelonies are misdemeanors.

1) FelonyA felony is a serious crimepunishable by at least oneyear in prison. Some familylaw felonies includekidnapping and custodialinterference (in somestates).

2) MisdemeanorA misdemeanor is a crime for whichthe punishment is usually a fineand or up to one year in a jail.Often a crime which is amisdemeanor for the first-offender,becomes a felony for repeatedoffences. All crimes that are notfelonies are misdemeanors.

3) CRIME A crime is a wrongdoing classified by the state as a felony ormisdemeanor. It is also an offence against a public law. This word -CRIME, in its strictest sense, includes all offences, but in its more limitedsense is confined to felony.

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4) CriminologyCriminology is the scientific approach to the study of thenature, extent, cause, and control of criminal behaviorIt uses scientific methods to:a) Pose research questions to arrive at Hypotheses,Gather data, create theories, and test their validity

b) Types of Research to conduct:i. Observational Research;ii. Experimental Research;iii. Longitudinal Research (Cohort groups)iv. Survey Research (cross-sectional research);v. Aggregate Data Research

4) CriminologyCriminology is the scientific approach to the study of thenature, extent, cause, and control of criminal behaviorIt uses scientific methods to:a) Pose research questions to arrive at Hypotheses,Gather data, create theories, and test their validity

b) Types of Research to conduct:i. Observational Research;ii. Experimental Research;iii. Longitudinal Research (Cohort groups)iv. Survey Research (cross-sectional research);v. Aggregate Data Research

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Criminology integrates knowledge from manyfields:1) Criminal Justice2) Sociology3) Psychology4) Economics5) Political Science6) Natural Sciences (especially Biology)

Criminology integrates knowledge from manyfields:1) Criminal Justice2) Sociology3) Psychology4) Economics5) Political Science6) Natural Sciences (especially Biology)

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1)Utilitarian philosophy of Becarria2)Biological determinism of Lombroso3)Social theory of Durkheim4)Political philosophy of Marx

Criminology - Explains etiology, extent, &nature of crimeCriminal Justice - Describes, analyzes, &explains behavior & operation of agencies ofjustice & effective methods of crime control,sentencing, treatment, etc. 8

Criminology consists of three (3) principal divisions, Namely:1) The SOCIOLOGY OF LAW - Which is an attempt at

scientific analysis ;2) CRIMINAL ETIOLOGY - Which is an attempt at scientific

analysis of the study of the causes or reasons for crime)3) PENOLOGY - Which is concerned with the control of crime,

including the study, theory, and practice of prisonmanagement and criminal rehabilitation

Every Criminological theory contains a set of:i. ASSUMPTIONS - About human nature, social structure,

and the principles of causation etc;ii. DESCRIPTION of the phenomena to be explained i.e. Facts a

theory must fit, and, an;iii. EXPLANATION, or PREDICTION, of that phenomenon

Criminology consists of three (3) principal divisions, Namely:1) The SOCIOLOGY OF LAW - Which is an attempt at

scientific analysis ;2) CRIMINAL ETIOLOGY - Which is an attempt at scientific

analysis of the study of the causes or reasons for crime)3) PENOLOGY - Which is concerned with the control of crime,

including the study, theory, and practice of prisonmanagement and criminal rehabilitation

Every Criminological theory contains a set of:i. ASSUMPTIONS - About human nature, social structure,

and the principles of causation etc;ii. DESCRIPTION of the phenomena to be explained i.e. Facts a

theory must fit, and, an;iii. EXPLANATION, or PREDICTION, of that phenomenon

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These theories are primarily concerned withETIOLOGY - i.e. The study of causes or reasons forcrime, but occasionally have important things to sayabout actors in the criminal justice system, such asPolice, Attorneys, Correctional personnel, andVictims.

These theories are primarily concerned withETIOLOGY - i.e. The study of causes or reasons forcrime, but occasionally have important things to sayabout actors in the criminal justice system, such asPolice, Attorneys, Correctional personnel, andVictims.

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There are thirteen (13) basic identifiable types ofcriminological theory, The oldest theory (BIOCHEMISTRY)goes back to 1876 and the last four theories:

The Thirteen (13) Basic Identifiable Types of Criminological TheoryTheory Causes

1 Biochemistry Heredity, Vitamin deficiency, Allergy, Tumor, Toxins, Brain dysfunction,Hormonal imbalance

2 Psychology Low intelligence, Psycho-pathy, Stress

Heredity, Vitamin deficiency, Allergy, Tumor, Toxins, Brain dysfunction,Hormonal imbalance

2 Psychology Low intelligence, Psycho-pathy, Stress3 Ecology Disorganised Neighborhoods4 Strain Economic goal blockage5 Learning Limitation, Reinforcement schedules6 Control Socialisation, Low self-control7 Labeling Shunning, Identity immersion8 Conflict Power differentials, Competition9 Radical Class struggle, Capitalism10 Left Realism Predatory relationships11 Peacemaking Inner suffering and turmoil12 Feminist Gender inequity, Patriarchy13 Postmodern Hierarchical privileges and language 11

Criminology is a term used for the study of criminal behavior including factors andcauses of crime (Why people commit crime).This study also deals with the social impact of any crime of the criminal itself and onthe victim and his or her family.There are two (2) major classifications of crime in crime and criminal study –(criminology):

1) The Classicistic approach - Here, is the study of the result of just a wrongdecision which can be taken in hurry and with the feeling of rage and anger to takerevenge;

2) The Positivist approach - Here, is the study in which a person loses its mentalcontrol and will commit a crime.

Criminology is a term used for the study of criminal behavior including factors andcauses of crime (Why people commit crime).This study also deals with the social impact of any crime of the criminal itself and onthe victim and his or her family.There are two (2) major classifications of crime in crime and criminal study –(criminology):

1) The Classicistic approach - Here, is the study of the result of just a wrongdecision which can be taken in hurry and with the feeling of rage and anger to takerevenge;

2) The Positivist approach - Here, is the study in which a person loses its mentalcontrol and will commit a crime.

Criminology is now developed as social phenomena to understand thepsychology that is working behind committing a crime along with study ofmentality of criminal before and after commending a crime.In this modern scenario criminology is now selected as a discipline by manypeople and scholar to under all the important factors related to this study ofcrime.The study of criminology deals with all factors related to crime. 12

Criminology is constituted of various theories and phenomena of crimes tounderstand it completely. It is developing to be one of the most preferred careersby people of this modern age. It has a unique significance in some of the modernprofessions like law, journalism, fraud management and; the law enforcement e.g.The Nigerian Police, EFCC, ICPC etc; along with all other defense forces whichmake use of this study to understand the circumstances and situation behind acrime. It is necessary to have some qualifications (e.g. Law, Psychology, CFA,CFE, Cr.FA etc), in criminology to work in any field that is related to it.

Criminology is constituted of various theories and phenomena of crimes tounderstand it completely. It is developing to be one of the most preferred careersby people of this modern age. It has a unique significance in some of the modernprofessions like law, journalism, fraud management and; the law enforcement e.g.The Nigerian Police, EFCC, ICPC etc; along with all other defense forces whichmake use of this study to understand the circumstances and situation behind acrime. It is necessary to have some qualifications (e.g. Law, Psychology, CFA,CFE, Cr.FA etc), in criminology to work in any field that is related to it.In 1764, criminologist Cesare Beccaria wrote An Essay on Crimes andPunishments, which set forth the classical criminological theory.He argued that the only justified rationale for laws and punishments was theprinciple of utility, i.e. the principle that a policy should provide “the greatesthappiness shared by the greatest number.”

Criminology is constituted of various theories and phenomena of crimes tounderstand it completely. It is developing to be one of the most preferred careersby people of this modern age. It has a unique significance in some of the modernprofessions like law, journalism, fraud management and; the law enforcement e.g.The Nigerian Police, EFCC, ICPC etc; along with all other defense forces whichmake use of this study to understand the circumstances and situation behind acrime. It is necessary to have some qualifications (e.g. Law, Psychology, CFA,CFE, Cr.FA etc), in criminology to work in any field that is related to it.In 1764, criminologist Cesare Beccaria wrote An Essay on Crimes andPunishments, which set forth the classical criminological theory.He argued that the only justified rationale for laws and punishments was theprinciple of utility, i.e. the principle that a policy should provide “the greatesthappiness shared by the greatest number.” 13

Classical Criminology deals with theories that were used in pre-historic time to dealwith crimes and criminals which committed those crimes.Beccaria believed the basis of society, as well as the origin of punishments and theright to punish, is the social contract – [A social contract is an imaginaryagreement to sacrifice the minimum amount of liberty to prevent anarchy andchaos].Beccaria believed the best way to prevent and deter crime was to:a) Enact laws that are clear, simple, and unbiased, and that reflect the consensus of

the population.b) Educate the public.c) Eliminate corruption from the administration of justice.d) Reward virtue.The only legitimate purpose of punishment is:

a) Special deterrence - The prevention of individuals from committing crimeagain by punishing them, and;

b) General deterrence - The prevention of people in general or society at largefrom engaging in crime by punishing specific individuals and making examplesof them.

Criminology, deals with study of criminals and crime, which they have committed.There are basically two approaches used to study this criminal approach:1) Classical approach, and;2) Neo-Classical approach.

Classical Criminology deals with theories that were used in pre-historic time to dealwith crimes and criminals which committed those crimes.Beccaria believed the basis of society, as well as the origin of punishments and theright to punish, is the social contract – [A social contract is an imaginaryagreement to sacrifice the minimum amount of liberty to prevent anarchy andchaos].Beccaria believed the best way to prevent and deter crime was to:a) Enact laws that are clear, simple, and unbiased, and that reflect the consensus of

the population.b) Educate the public.c) Eliminate corruption from the administration of justice.d) Reward virtue.The only legitimate purpose of punishment is:

a) Special deterrence - The prevention of individuals from committing crimeagain by punishing them, and;

b) General deterrence - The prevention of people in general or society at largefrom engaging in crime by punishing specific individuals and making examplesof them.

Criminology, deals with study of criminals and crime, which they have committed.There are basically two approaches used to study this criminal approach:1) Classical approach, and;2) Neo-Classical approach. 14

The main real-world drawbacks of Beccaria’s theory are:a) Not all offenders are alike - Juveniles are treated the same as

adults.b) Similar crimes are not always as similar as they might appear -

First-time offenders are treated the same as repeat offenders.

Neo-classical theory introduced the idea of:a) Pre-meditation as a measure of the degree of free will;b) Mitigating circumstances as legitimate grounds for diminished

responsibilityClassical theory was difficult to apply in practice. It was modified inthe early 1800s and became known as Neo-Classical theory, i.e.A modification of classical theory in which it was conceded thatcertain factors, such as insanity, might inhibit the exercise of freewill.Classical and Neo-classical theory, are the basis of the criminaljustice system in the entire world!

Neo-classical theory introduced the idea of:a) Pre-meditation as a measure of the degree of free will;b) Mitigating circumstances as legitimate grounds for diminished

responsibilityClassical theory was difficult to apply in practice. It was modified inthe early 1800s and became known as Neo-Classical theory, i.e.A modification of classical theory in which it was conceded thatcertain factors, such as insanity, might inhibit the exercise of freewill.Classical and Neo-classical theory, are the basis of the criminaljustice system in the entire world! 15

Classical theory was difficult to apply in practice. It was modifiedin the early 1800s and became known as Neo-Classicaltheory, i.e. A modification of classical theory in which it wasconceded that certain factors, such as insanity, might inhibit theexercise of free will.Classical and neo-classical theory is the basis of the criminaljustice system in the entire world!

Classical theory was difficult to apply in practice. It was modifiedin the early 1800s and became known as Neo-Classicaltheory, i.e. A modification of classical theory in which it wasconceded that certain factors, such as insanity, might inhibit theexercise of free will.Classical and neo-classical theory is the basis of the criminaljustice system in the entire world!

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School One - Positivist Approaches to Explaining Crime

A. The TheoryThe theory of the positivist school of criminology grew out ofpositive philosophy and the logic and methodology ofexperimental science.a) The key assumptions of the positivist school of thought were:b) Human behavior is determined and not a matter of free will.c) Criminals are fundamentally different from non-criminals.d) Social scientists can be objective in their work.e) Crime is, frequently caused, by multiple factors.f) Society is, based on consensus, but not on a social contract.

School One - Positivist Approaches to Explaining Crime

A. The TheoryThe theory of the positivist school of criminology grew out ofpositive philosophy and the logic and methodology ofexperimental science.a) The key assumptions of the positivist school of thought were:b) Human behavior is determined and not a matter of free will.c) Criminals are fundamentally different from non-criminals.d) Social scientists can be objective in their work.e) Crime is, frequently caused, by multiple factors.f) Society is, based on consensus, but not on a social contract.

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School One - Positivist Approaches to Explaining Crime

B. The Problems

a) The problems with positivist assumptions are thatthey:

b) Account for too much crime.c) Ignore the process by which behaviors are made

illegal.d) Assume that most people agree about most things

most of the time.e) Believe that action is determined by causes

independent of a person’s free will.f) Believe that social scientists will be objective in their

work.

School One - Positivist Approaches to Explaining Crime

B. The Problems

a) The problems with positivist assumptions are thatthey:

b) Account for too much crime.c) Ignore the process by which behaviors are made

illegal.d) Assume that most people agree about most things

most of the time.e) Believe that action is determined by causes

independent of a person’s free will.f) Believe that social scientists will be objective in their

work.

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To understand criminal justice, it is necessary to understandcrime.Most policy-making in criminal justice is based oncriminological theory, whether the people making thosepolicies know it or not.Thus, Generally:a) Crime is nothing but what the Social group decides it to

be.b) Crime is expected in all Societies, where human beings,

with different characters livec) Not all Crime theories hold true for all cases and

Jurisdictions, due to differences in valuesd) Crime Prevention

i. Each crime should be studied well before looking for itspreventive laws

ii.Criminals should be re-integrated into the society, afterserving their punishments.

To understand criminal justice, it is necessary to understandcrime.Most policy-making in criminal justice is based oncriminological theory, whether the people making thosepolicies know it or not.Thus, Generally:a) Crime is nothing but what the Social group decides it to

be.b) Crime is expected in all Societies, where human beings,

with different characters livec) Not all Crime theories hold true for all cases and

Jurisdictions, due to differences in valuesd) Crime Prevention

i. Each crime should be studied well before looking for itspreventive laws

ii.Criminals should be re-integrated into the society, afterserving their punishments.

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