The Study of CrimeThe Study of Crime

SOC 112SOC 112

Part 8Part 8

Study, cont.Study, cont.1.1. StudyStudy: crime / criminals / law is ancient: crime / criminals / law is ancient

- historically: explain behavior of criminals- historically: explain behavior of criminals

a. a. Cause of crimeCause of crime - biological / psychological / - biological / psychological /

economical /economical / sociological sociological - more than trying to understand - more than trying to understand

“why”“why”

b. b. AnalyzeAnalyze: some acts crimes / others not: some acts crimes / others not - definition: must be precise / usable- definition: must be precise / usable - clarify: who is a criminal / who is not - clarify: who is a criminal / who is not

Study, cont.Study, cont.c. c. CrimeCrime: act defined by law: act defined by law

- - “An intentional act or omission in “An intentional act or omission in

violation of criminal law, committedviolation of criminal law, committed

without defense or justification, andwithout defense or justification, and

sanctioned by the state as a felony orsanctioned by the state as a felony or

misdemeanor.”misdemeanor.”

(1) (1) Act or omissionAct or omission (actus resus) (actus resus)

- central philosophy- central philosophy

- must be an - must be an actact or or failure to actfailure to act

Study, cont.Study, cont. - Jeremy Strohmeyer / David Cash - Jeremy Strohmeyer / David Cash

- act must be voluntary- act must be voluntary

(2) (2) Intentional / intentIntentional / intent

- act or omission: in itself not - act or omission: in itself not enoughenough

- law requires: mental thought- law requires: mental thought

- “- “mens reamens rea”: guilty mind (Latin)”: guilty mind (Latin)

(a) Exceptions:(a) Exceptions:

- employers / felony murder rule- employers / felony murder rule

Study, cont.Study, cont. (3) (3) In violation of criminal lawIn violation of criminal law

- must be written (statutory)- must be written (statutory) - actions considered criminal- actions considered criminal - show penalty- show penalty

(4) (4) Without defense or justificationWithout defense or justification - no defense / not in danger- no defense / not in danger - no justification for actions- no justification for actions

(5) (5) SanctionedSanctioned: : - felony / misdemeanor- felony / misdemeanor

Study, cont.Study, cont. (a) (a) FelonyFelony

- death / at least year + day - death / at least year + day prisonprison

- fine: $10,000 or more- fine: $10,000 or more

(b) (b) Gross MisdemeanorGross Misdemeanor - up to one year in jail- up to one year in jail - fine: to $5,000 - fine: to $5,000

(c) (c) MisdemeanorMisdemeanor - up to 90 days in jail- up to 90 days in jail

- fine: to $1,000- fine: to $1,000

Study, cont.Study, cont.2.2. CrimeCrime

- violation of a written law- violation of a written law- four characteristics- four characteristics

a. a. FirstFirst: a crime against the state: a crime against the state - more serious crimes (felony)- more serious crimes (felony) - misdemeanor: crime against the - misdemeanor: crime against the

personperson

b. b. SecondSecond: law must be specific: law must be specific - explain what act is criminal- explain what act is criminal - public must know- public must know

Study, cont.Study, cont.c. c. Third: Third: must be uniformly applied - cannot be certain person / class - all subject to law

d. Fourth: contain penal sanction - provide a punishment - no law without a penalty

Study, cont.Study, cont. D. The legal approachD. The legal approach►- persons not charged / convicted- persons not charged / convicted►- legal technicalities- legal technicalities

►(1) 1,000’s of laws(1) 1,000’s of laws - cannot regulate all behavior- cannot regulate all behavior - provide standards / goals / - provide standards / goals /

guidelinesguidelines - letter of the law / intent of the law- letter of the law / intent of the law - minor crimes / infractions- minor crimes / infractions

Study, cont.Study, cont.(2) Purpose of criminal law?(2) Purpose of criminal law?

- regulate criminal activity- regulate criminal activity

- illegal acts of society- illegal acts of society

- crime is part of our culture- crime is part of our culture

- need to protect society- need to protect society

(a) Control acts(a) Control acts

- society determines - society determines unlawfulunlawful

- written laws with - written laws with penaltiespenalties

Study, cont.Study, cont. (3) Actions believed immoral?(3) Actions believed immoral?►- morality: more difficult to control- morality: more difficult to control►- alcohol / drug use / sexual - alcohol / drug use / sexual behaviorbehavior

►- referred to: victimless crimes- referred to: victimless crimes

►(a) Edwin Schur defined:(a) Edwin Schur defined:► “ “The willing exchange, among The willing exchange, among

adults, of strongly adults, of strongly demanded butdemanded but

► illegally proscribed goods orillegally proscribed goods or► services.”services.”

Study, cont.Study, cont.►(b) Lack of public consensus(b) Lack of public consensus► - gambling / prostitution / - gambling / prostitution / drugsdrugs

► - lack of apparent harm to - lack of apparent harm to othersothers

► - difficulty in enforcing- difficulty in enforcing► - absence of a complaint / low - absence of a complaint / low

visibility visibility