1.
Penology
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The Oxford English Dictionary defines penology as the study of the punishment of crime and prison management, and in this sense it is equivalent with corrections. Penology is concerned with the effectiveness of social processes devised and adopted for the prevention of crime. The study of penology therefore deals with the treatment of prisoners and it also encompasses aspects of probation as well as penitentiary science relating to the secure detention and retraining of offenders committed to secure institutions. Penology concerns many topics and theories, including those concerning prisons, contemporary penology concerns itself mainly with criminal rehabilitation and prison management. The word seldom applies to theories and practices of punishment in less formal environments such as parenting, school, historical theories put based on the notion that fearful consequences would discourage potential offenders. Similarly, certain hudud offenses under Sharia hadith tradition may incur fearful penalties and they center on the concept of proportionality. Subsequent development of the ideas of Beccaria made non-lethal punishment more socially acceptable, consequently, convicted prisoners had to be re-integrated into society when their punishment was complete. Auburn System Zebulon Brockway Jeremy Bentham Elmira System Incapacitation Panopticon Diiulio, John J. Governing Prisons, A Comparative Study of Correctional Management, Simon, ISBN 0-02-907883-0 The Florida State University College of Criminology and Criminal Justice CrimLinks UK based site
Penology
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Criminology and penology
2.
Anomie
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Anomie is a condition in which society provides little moral guidance to individuals. It is the breakdown of social bonds between an individual and the community, e. g. under unruly scenarios resulting in fragmentation of social identity and it was popularized by French sociologist Émile Durkheim in his influential book Suicide. Durkheim never uses the term normlessness, rather, he describes anomie as derangement, Durkheim used the term the malady of the infinite because desire without limit can never be fulfilled, it only becomes more intense. Thus, a society with too much rigidity and little individual discretion could also produce a kind of anomie, thus, fatalistic suicide arises when a person is too rule-governed. In 1893 Durkheim introduced the concept of anomie to describe the mismatch of collective guild labour to evolving societal needs when the guild was homogeneous in its constituency and he equated homogeneous skills to mechanical solidarity whose inertia retarded adaptation. Durkheim observed that the conflict between the organic division of labour and the homogeneous mechanical type was such that one could not exist in the presence of the other. When solidarity is organic, anomie is impossible, sensitivity to mutual needs promotes evolution in the division of labour. Producers, being near consumers, can easily reckon the extent of the needs to be satisfied, equilibrium is established without any trouble and production regulates itself. Relations rare, are not repeated enough, the producer can no longer embrace the market at a glance, nor even in thought. He can no longer see its limits, since it is, accordingly, production becomes unbridled and unregulated. g. Economics, due to the necessity of a buildup of sufficient force or momentum to overcome the inertia. Later in 1897, in his studies of suicide, Durkheim associated anomie to the influence of a lack of norms or norms that were too rigid. In 1983 Robert K. Merton links anomie with deviance and argues that the discontinuity between culture and structure have the consequence of leading to deviance within society. He described 5 types of deviance in terms of the acceptance or rejection of social goals, the word, a reborrowing with French spelling of anomy, comes from Greek ἀνομία lawlessness, namely the privative alpha prefix, and nomos law. The Greeks distinguished between nomos, and arché, for example, a monarch is a single ruler but he or she might still be subject to, and not exempt from, the prevailing laws, i. e. nomos. In the original city state democracy, the majority rule was an aspect of arché because it was a rule-based, customary system, which might or might not make laws, i. e. nomos. Thus, the meaning of anomie defined anything or anyone against or outside the law. This was contrary to theories on suicide which generally maintained that suicide was precipitated by negative events in a persons life
Anomie
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Criminology and
penology
Anomie
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Books
3.
Biosocial criminology
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Biosocial criminology is an interdisciplinary field that aims to explain crime and antisocial behavior by exploring both biological factors and environmental factors. Environment has a significant effect on genetic expression, disadvantaged environments enhance antisocial gene expression, suppress prosocial gene action and prevent the realization of genetic potential. The heritability coefficient for antisocial behavior is estimated to be between 0.40 and 0.58, another approach is to examine the relationship between neurophysiology and criminality. One example is that measured levels of such as serotonin. Another is that neuroimaging studies give strong evidence that both brain structure and function are involved in criminal behaviors, the limbic system creates emotions such as anger and jealousy that ultimately may cause criminal behavior. The prefrontal cortex is involved in delaying gratification and impulse control, if this balance is shifted in favor of the limbic system this may contribute to criminal behavior. Men can potentially have many children with little effort, women only a few with great effort and this is argued to contribute to males having more variable reproductive success than females. One argued consequence of this is that males are more aggressive, in particular, low-status males may be more likely to remain completely childless. This may explain why males have higher rates than females and why low status. The evolutionary neuroandrogenic theory focuses on the hormone testosterone as a factor influencing aggression and criminality, in most species, males are more aggressive than females. Castration of males usually has an effect on aggressive behavior in males. In humans, males engage in crime and especially violent crime more than females, the involvement in crime usually rises in the early teens to mid teens in correlation with the rise of testosterone levels. Research on the relationship between testosterone and aggression is difficult since the only reliable measurement of brain testosterone is by lumbar puncture, studies therefore have often instead used less reliable measurements from blood or saliva. Some studies support a link between adult criminality and testosterone, although the relationship is modest if examined separately for each sex, a significant link between juvenile delinquency and testosterone levels has not been established. Some studies have also found testosterone to be associated with behaviors or personality traits linked with criminality such as antisocial behavior, many studies have also been done on the relationship between more general aggressive behavior/feelings and testosterone. About half the studies have found a relationship and about half no relationship, many conflicts causing homicides involve status conflicts, protecting reputation, and seemingly trivial insults. Steven Pinker in his book The Blank Slate argues that in non-state societies without a police it was important to have a credible deterrence against aggression. Therefore, it was important to have a reputation for retaliation, Pinker argues that the development of the state and the police have dramatically reduced the level of violence compared to the ancestral environment
Biosocial criminology
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Criminology and
penology
4.
Broken windows theory
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The broken windows theory is a criminological theory of the norm-setting and signaling effect of urban disorder and vandalism on additional crime and anti-social behavior. The theory was introduced in a 1982 article by social scientists James Q. Wilson, since then it has been subject to great debate both within the social sciences and the public sphere. The theory has been used as a motivation for several reforms in criminal policy, including the mass use of stop, question. James Q. Wilson and George L. Kelling first introduced the broken windows theory in an article titled Broken Windows, the title comes from the following example, Consider a building with a few broken windows. If the windows are not repaired, the tendency is for vandals to break a few more windows, eventually, they may even break into the building, and if its unoccupied, perhaps become squatters or light fires inside. Eventually, people even start leaving bags of refuse from take-out restaurants there or even break into cars, before the introduction of this theory by Wilson and Kelling, Philip Zimbardo, a Stanford psychologist, arranged an experiment testing the broken-window theory in 1969. The car in the Bronx was attacked within minutes of its abandonment, Zimbardo noted that the first vandals to arrive were a family – a father, mother and a young son – who removed the radiator and battery. Within twenty-four hours of its abandonment, everything of value had been stripped from the vehicle, after that, the cars windows were smashed in, parts torn, upholstery ripped, and children were using the car as a playground. At the same time, the vehicle sitting idle in Palo Alto sat untouched for more than a week until Zimbardo himself went up to the vehicle, soon after, people joined in for the destruction. Zimbardo observed that a majority of the vandals in both cases were primarily well dressed, Caucasian, clean-cut and seemingly respectable individuals. Similar events can occur in any civilized community when communal barriers—the sense of mutual regard, the article received a great deal of attention and was very widely cited. It discusses the theory in relation to crime and strategies to contain or eliminate crime from urban neighborhoods, a successful strategy for preventing vandalism, according to the books authors, is to address the problems when they are small. Repair the broken windows within a time, say, a day or a week. Clean up the sidewalk every day, and the tendency is for not to accumulate. Problems are less likely to escalate and thus respectable residents do not flee the neighborhood. Though police work is crucial to prevention, Oscar Newman, in his 1972 book, Defensible Space, wrote that the presence of police authority is not enough to maintain a safe. People in the community help with crime prevention, Newman proposes that people care for and protect spaces they feel invested in, arguing that an area is eventually safer if the people feel a sense of ownership and responsibility towards the area. Broken windows and vandalism are still prevalent because communities simply do not care about the damage, regardless of how many times the windows are repaired, the community still must invest some of their time to keep it safe
Broken windows theory
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Criminology and
penology
Broken windows theory
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The broken windows of an abandoned building in
St. Petersburg.
5.
Collective efficacy
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In the sociology of crime, the term collective efficacy refers to the ability of members of a community to control the behavior of individuals and groups in the community. Control of peoples behavior allows community residents to create a safe, advocates of collective efficacy claim that these measures increase community control over individuals, thus creating an environment where violent crime is less likely to occur. Researchers have argued that collective efficacy can lead to a significant reduction of crime in communities. Communities with high levels of collective efficacy have been found to have lower rates of violence and homicide, collective efficacy depends on the values shared by community members. If members of a community trust each other and are willing to cooperate to prevent violence and crime, the concept of collective efficacy has been used to explain why urban neighborhoods differ in the amount of crime that takes place in them. In urban areas where neighbors monitor group behavior and are willing to intervene to break out fights or otherwise prevent disorder, collective efficacy includes behaviors, norms and actions that residents of a given community use to achieve public order. In communities where these informal practices are enforced on a basis by community members. In order for collective efficacy to develop in a community or neighborhood, it is necessary that members of the community have strong feelings of trust. Conversely, it is in those communities where people trust each other more and are willing to cooperate that community supervision is more likely to deter crime. Collective efficacy thus requires that community members feel strongly bonded to each other, collective efficacy is thought to reduce the likelihood of crime by preventing public disputes from erupting into violence. In communities where residents are active in enforcing order, groups of peers. Collective efficacy not only reduces crime in public places, but also lowers the likelihood of some forms of crime in private spaces, a 2002 Chicago study, for example, found that collective efficacy reduces the probability of both female homicide and physical violence against females by male partners. Collective efficacy develops more easily in some types of communities than in others, economic downturns affect some areas more than others, leading individuals in affected areas to move to neighborhoods that offer better economic opportunities. Since developing mutual trust and cooperation with neighbors requires time, those communities where individuals are likely to move out have lower levels of collective efficacy. In communities more seriously affected by instability, social bonds between residents are weaker, meaning that they will be less likely to cooperate in monitoring the behavior of others. Lower income individuals, such as members of minorities or female household heads. These individuals usually lack the resources to live in areas with large proportions of affuent individuals, residents of lower income communities are thus more likely to be excluded from contact with more advantaged people. This isolation creates feelings of helplessness and lack of control among residents of lower income neighborhoods and these feelings in turn make it less likely for trust and cooperation to develop between residents of disadvantaged communities
Collective efficacy
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Criminology and
penology
6.
Crime analysis
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Crime analysis is a law enforcement function that involves systematic analysis for identifying and analyzing patterns and trends in crime and disorder. Information on patterns can help law enforcement agencies deploy resources in an effective manner. Crime analysis also plays a role in devising solutions to crime problems, quantitative social science data analysis methods are part of the crime analysis process, though qualitative methods such as examining police report narratives also play a role. Crime analysis can occur at levels, including tactical, operational. Crime analysts study crime reports, arrests reports, and police calls for service to identify emerging patterns, series and they analyze these phenomena for all relevant factors, sometimes predict or forecast future occurrences, and issue bulletins, reports, and alerts to their agencies. They then work with their agencies to develop effective strategies and tactics to address crime. To see if a crime fits a certain known pattern or a new pattern is often tedious work of analysts, detectives or in small departments. They must manually sift through piles of paperwork and evidence to predict, anticipate, the U. S. Department of Justice and the National Institute of Justice recently launched initiatives to support “predictive policing”, which is an empirical, data-driven approach. However this work to specific patterns of crime committed by an individual or group. MIT doctoral student Tong Wang, Cambridge Police Department CPD Lieutenant Daniel Wagner, CPD crime analyst Rich Sevieri, Series Finder grows a pattern of crime, starting from a seed of two or more crimes. The Cambridge Police Department has one of the oldest crime analysis units in the world, the algorithm tries to construct a modus operandi. The M. O. is a set of habits of a criminal and is a type of behavior used to characterize a pattern, the data of the burglaries include means of entry, day of the week, characteristics of the property, and geographic proximity to other break-ins. Using nine known crime series of burglaries, Series Finder recovered most of the crimes within these patterns, machine learning is a tremendous tool for predictive policing. If patterns are identified the police can immediately try to stop them, without such tools it can take weeks and even years of shifting though databases to discover a pattern. Series Finder provides an important data-driven approach to a difficult problem in predictive policing. It’s the first mathematically principled approach to the learning of crime series. Sociodemographics, along with spatial and temporal information, are all aspects that crime analysts look at to understand what is going on in their jurisdiction. Crime analysis employs data mining, crime mapping, statistics, research methods, desktop publishing, charting, presentation skills, critical thinking, and a solid understanding of criminal behavior
Crime analysis
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Criminology and
penology
7.
Criminalization
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Criminalization or criminalisation, in criminology, is the process by which behaviors and individuals are transformed into crime and criminals. Previously legal acts may be transformed into crimes by legislation or judicial decision, the power of judges to make new law and retrospectively criminalise behaviour is also discouraged. In a less overt way, where laws have not been strictly enforced, there has been some uncertainty as to the nature and extent of the contribution to be made by the victims of crime. But, as Garkawe indicates, the relationship between victimology and criminology has become problematic, in formal academically published theory, the real ruling class of a society reaches a temporary view on whether certain acts or behavior are harmful or criminal. Historically this one theory will be modified by scientific, medical evidence, by change. Conversely, when local politics determines that it is no longer a crime, several principles may underpin decisions about criminalization. These include the de minimis principle, that of the minimum criminalization, under this principle, the general harm principle fails to consider the possibility of other sanctions and the effectiveness of criminalization as a chosen option. Those other sanctions include civil courts, laws of tort and regulation, having criminal remedies in place is seen as a last resort since such actions often infringe personal liberties – incarceration, for example, prevents the freedom of movement. In this sense, law making that places an emphasis on human rights. Most crimes of direct actions are not affected by such a stance. The policy of social defense can be seen as an opposing view and it argues that criminalization is used against any form of activity which threatens good order or is thought reprehensible. The minimization principle may unwittingly prevent the adaptation of the law to new situations, in general, worldwide policy makers have created a myriad of smaller offences, in contradiction to the minimization principle and more in keeping with the social defence. Leading criminal law philosophers, such as Dennis Baker and Joel Feinberg have argued that conduct should only be criminalized when it is fair to do so. In particular, such theorists assert that objective reasons are needed to demonstrate that it is fair to conduct in any given case. The commonly cited objective justification for invoking the law is harm to others. For example, people are not necessarily harmed by public nudity, Feinberg suggests that offence to others also provides an objective reason for invoking the criminal law, but it clearly does not as offence is determined according to conventional morality. Prostitution is another area, as some countries allow it in different forms. One argument may be that prostitution perpetuates the spread of sexually transmitted diseases, including HIV/AIDS, people experience a range of physical and social injuries in different contexts which will vary according to the level of economic and political development of their country
Criminalization
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Criminology and
penology
8.
Differential association
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The differential association theory is the most talked about of the learning theories of deviance. This theory focuses on how individuals learn to become criminals, and they learn how to commit criminal acts, they learn motives, drives, rationalizations, and attitudes. It grows socially easier for the individuals to commit a crime and their inspiration is the processes of cultural transmission and construction. Sutherland had developed the idea of the self as a social construct, phenomenology and ethnomethodology also encouraged people to debate the certainty of knowledge and to make sense of their everyday experiences using indexicality methods. People define their lives by reference to their experiences, and then generalise those definitions to provide a framework of reference for deciding on future action. From a researchers perspective, a subject will view the world very differently if employed as opposed to unemployed, however, individuals might respond to the same situation differently depending on how their experience predisposes them to define their current surroundings. Differential association predicts that an individual will choose the path when the balance of definitions for law-breaking exceeds those for law-abiding. This tendency will be reinforced if social association provides active people in the persons life, earlier in life the individual comes under the influence of those of high status within that group, the more likely the individual to follow in their footsteps. This does not deny that there may be motives for crime. If a person is hungry but has no money, there is a temptation to steal, but, the use of needs and values is equivocal. To a greater or lesser extent, both non-criminal and criminal individuals are motivated by the need for money and social gain, the principles of Sutherlands Theory of Differential Association key points,1. Criminal behavior is learned in interaction with other persons in a process of communication, the principal part of the learning of criminal behavior occurs within intimate personal groups. The specific direction of motives and drives is learned from definitions of the codes as favorable or unfavorable. A person becomes delinquent because of an excess of definitions favorable to violation of law over definitions unfavorable to violation of the law, Differential associations may vary in frequency, duration, priority, and intensity. The process of learning criminal behavior by association with criminal and anti-criminal patterns involves all of the mechanisms that are involved in any other learning. While criminal behavior is an expression of general needs and values, it is not explained by those needs and values, since non-criminal behavior is an expression of the same needs, the differential association theory according to the version of K. -D. Opp is fairly well corroborated by the data, only three of the postulated relationships are rejected. The theory explains 51% of the variance of criminal behavior, even considering that no criminal population is used for the test, furthermore, special analysis show that several propositions favour the theory
Differential association
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Criminology and
penology
9.
Deviance (sociology)
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In sociology, deviance describes an action or behavior that violates social norms, including a formally enacted rule, as well as informal violations of social norms. It is the purview of criminologists, psychiatrists, psychologists, and sociologists to study how these norms are created, how they change over time, norms are rules and expectations by which members of society are conventionally guided. Deviance is an absence of conformity to these norms, social norms differ from culture to culture. For example, a deviant act can be committed in one society that breaks a social norm there, Deviance can be relative to place and time because what is considered deviant in one social context may be non-deviant in another. Killing another human is considered wrong, except when governments permit it during warfare or for self defense, deviant actions can be mala in se or mala prohibita. Three broad sociological classes exist that describe deviant behavior, namely, structural functionalism, symbolic interaction, social integration is the attachment to groups and institutions, while social regulation is the adherence to the norms and values of the society. Those who are very integrated fall under the category of altruism, similarly, those who are very regulated fall under fatalism and those who are very unregulated fall under anomie. Durkheims theory attributes social deviance to extremes of the dimensions of the social bond, altruistic suicide, egoistic suicide, and anomic suicide are the three forms of suicide that can happen due to extremes. Durkheim claimed that deviance was in fact a normal and necessary part of social organization, when he studied deviance he stated four important functions of deviance. Deviance affirms cultural values and norms, any definition of virtue rests on an opposing idea of vice, There can be no good without evil and no justice without crime. Deviance defines moral boundaries, people learn right from wrong by defining people as deviant, a serious form of deviance forces people to come together and react in the same way against it. Deviance pushes societys moral boundaries which, in turn leads to social change, robert K. Merton discussed deviance in terms of goals and means as part of his strain/anomie theory. He postulated that a response to societal expectations and the means by which the individual pursued those goals were useful in understanding deviance. Often, non-routine collective behavior is said to map onto economic explanations, Merton described 5 types of deviance in terms of the acceptance or rejection of social goals and the institutionalized means of achieving them,1. Innovators accept societys goals, but reject socially acceptable means of achieving them, conformists accept societys goals and the socially acceptable means of achieving them. Ritualism refers to the inability to reach a cultural goal thus embracing the rules to the point where the people in question lose sight of their goals in order to feel respectable. Ritualists reject societys goals, but accept societys institutionalised means, ritualists are most commonly found in dead-end, repetitive jobs, where they are unable to achieve societys goals but still adhere to societys means of achievement and social norms. Retreatism is the rejection of both goals and means, letting the person in question drop out
Deviance (sociology)
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Criminology and
penology
10.
Labeling theory
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Labeling theory is the theory of how the self-identity and behavior of individuals may be determined or influenced by the terms used to describe or classify them. It is associated with the concepts of self-fulfilling prophecy and stereotyping, labeling theory holds that deviance is not inherent to an act, but instead focuses on the tendency of majorities to negatively label minorities or those seen as deviant from standard cultural norms. The theory was prominent during the 1960s and 1970s, and some modified versions of the theory have developed and are currently popular. A stigma is defined as a negative label that changes a persons self-concept. Labeling theory is related to social-construction and symbolic-interaction analysis. Labeling theory was developed by sociologists during the 1960s, Howard Saul Beckers book Outsiders was extremely influential in the development of this theory and its rise to popularity. Labeling theory had its origins in Suicide, a book by French sociologist Émile Durkheim and he found that crime is not so much a violation of a penal code as it is an act that outrages society. He was the first to suggest that deviant labeling satisfies that function, the labeling theory suggests that people obtain labels from how others view their tendencies or behaviors. Family and friends may judge differently from random strangers, more socially representative individuals such as police officers or judges may be able to make more globally respected judgments. If deviance is a failure to conform to the rules observed by most of the group and this is the power of the group, to designate breaches of their rules as deviant and to treat the person differently depending on the seriousness of the breach. The more differential the treatment, the more the individuals self-image is affected, a social role is a set of expectations we have about a behavior. Social roles are necessary for the organization and functioning of any society or group and we expect the postman, for example, to adhere to certain fixed rules about how he does his job. Deviance for a sociologist does not mean morally wrong, but rather behavior that is condemned by society, Deviant behavior can include both criminal and non-criminal activities. Investigators found that deviant roles powerfully affect how we perceive those who are assigned those roles and they also affect how the deviant actor perceives himself and his relationship to society. The deviant roles and the attached to them function as a form of social stigma. Always inherent in the deviant role is the attribution of some form of pollution or difference that marks the person as different from others. Society uses these stigmatic roles to them to control and limit deviant behavior, If you proceed in this behavior, whether a breach of a given rule will be stigmatized will depend on the significance of the moral or other tenet it represents. For example, adultery may be considered a breach of a rule or it may be criminalized depending on the status of marriage, morality
Labeling theory
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Criminology and
penology
11.
Psychopathy
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Different conceptions of psychopathy have been used throughout history. These conceptions are only partly overlapping and may sometimes be contradictory, the creation of ASPD and DPD was driven by the fact that many of the classic traits of psychopathy were impossible to measure objectively. Canadian psychologist Robert D. Hare later repopularized the construct of psychopathy in criminology with his Psychopathy Checklist, the study of psychopathy is an active field of research, and the term is also used by the general public, in popular press, and in fictional portrayals. While the term is employed in common usage along with the related but distinct crazy, insane and mentally ill. There are multiple conceptualizations of psychopathy, including Cleckleyan psychopathy and criminal psychopathy, the latter conceptualization is typically used as the modern clinical concept and assessed by the Psychopathy Checklist. The label psychopath may have implications and stigma related to decisions about punishment severity for criminal acts, medical treatment, civil commitments, efforts have therefore been made to clarify the meaning of the term. Yet another conceptualization, the model, suggests that other conceptualizations of psychopathy emphasize three observable characteristics to varying degrees. Analyses have been made with respect to the applicability of measurement tools such as the Psychopathy Checklist, low fear including stress-tolerance, toleration of unfamiliarity and danger, and high self-confidence and social assertiveness. The PCL-R measures this relatively poorly and mainly through Facet 1 of Factor 1, may correspond to differences in the amygdala and other neurological systems associated with fear. Psychopaths tend to have reduced fear, poor impulse control including problems with planning and foresight, lacking affect and urge control, demand for immediate gratification, and poor behavioral restraints. Similar to PCL-R Factor 2 and PPI Impulsive antisociality, may correspond to impairments in frontal lobe systems that are involved in such control. The PCL-R in general is related to this but in some elements in Factor 1. Similar to PPI Coldheartedness but also elements of subscales in Impulsive antisociality. An early and influential analysis from Harris and colleagues indicated a discrete category may underlie PCL-R psychopathy and they again found that the psychopathy measurements do not appear to be identifying a discrete type. There are different views as to which personality dimensions are more central in regard to psychopathy, besides dimensions described elsewhere in this article, studies have linked psychopathy to alternative dimensions such as antagonism, conscientiousness and anxiousness. Psychopathy has also linked to high psychoticism—a theorized dimension referring to tough. Aspects of this that appear associated with psychopathy are lack of socialization and responsibility, impulsivity, sensation-seeking, however, narcissism is generally seen as only one possible aspect of psychopathy as broadly defined. The dark tetrad refers to these traits with the addition of sadism, Psychopathy is a personality disorder which has symptoms expressed over a wide range of settings
Psychopathy
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Criminology and
penology
12.
Rational choice theory (criminology)
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In criminology, rational choice theory adopts a utilitarian belief that man is a reasoning actor who weighs means and ends, costs and benefits, and makes a rational choice. This method was designed by Cornish and Clarke to assist in thinking about crime prevention. Rational choice is based on assumptions, one of which is individualism. The offender sees himself as an individual, the second is that individuals have to maximize their goals, and the third is that individuals are self-interested. Offenders are thinking about themselves and how to advance their personal goals, central points of the theory are described as follows, The human being is a rational actor. People choose behavior, both conforming and deviant, based on their rational calculations, the central element of calculation involves a cost benefit analysis, Pleasure versus pain or hedonistic calculus. Choice, with all other conditions equal, will be directed towards the maximization of individual pleasure, Choice can be controlled through the perception and understanding of the potential pain or punishment that will follow an act judged to be in violation of the social good, the social contract. The state is responsible for maintaining order and preserving the good through a system of laws. This leads to persistent systematic crime and delinquency and he also believed that such disorganization causes and reinforces the cultural traditions and cultural conflicts that support antisocial activity. The systematic quality of the behavior was a reference to repetitive and he depicted the law-abiding culture as dominant and more extensive than alternative criminogenic cultural views and capable of overcoming systematic crime if organized for that purpose. In a similar vein, Cohen and Felson developed Routine Activities Theory which focuses on the characteristics of crime rather than the characteristics of the offender and this is one of the main theories of environmental criminology as an aspect of Crime Prevention Theory. Routine Activities Theory relates the pattern of offending to the patterns of social interaction. Since rational choice can explain many different components, it is enough to be applied not only to crime. Studies involve offenders being interviewed on motives, methods and target choices, Rational Choice Theory insists that crime is calculated and deliberate. Crime therefore can be influenced by opportunity, opportunity of a crime can be related to cost benefits, socioeconomic status, risk of detection, dependent on situational context, type of offence and access to external benefits. In addition, opportunities are dependent on the individual’s current surroundings and this theory better explains instrumental crimes rather than expressive crimes. Instrumental crimes involve planning and weighing the risks with a rational mind, an example of an instrumental crime can include, tax evasion, traffic violations, drinking and driving, corporate crime, larceny and sexual assault. On the other hand, expressive crime includes crimes involving emotion, expressive crimes can include, non pre-mediated murder such as manslaughter, and assault
Rational choice theory (criminology)
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Criminology and
penology
13.
Social control theory
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Internal, by which a youth refrains from delinquency through the conscience or superego. Control through needs satisfaction, i. e. if all an individuals needs are met, Social control theory proposes that peoples relationships, commitments, values, norms, and beliefs encourage them not to break the law. Thus, if moral codes are internalized and individuals are tied into and have a stake in their wider community, the theory seeks to understand the ways in which it is possible to reduce the likelihood of criminality developing in individuals. The theory derives from a Hobbesian view of nature as represented in Leviathan. Thus, morality is created in the construction of social order, assigning costs and consequences to choices and defining some as evil. The earliest form of the theory was proposed by Edward A. Hence, the more perfect that the order is. His best-known work, Social Control, deals with the reasons for, another early form of the theory was proposed by Reiss who defined delinquency as. behavior consequent to the failure of personal and social controls. Reiss also wrote extensively on the application of his work to criminology, jackson Toby, argued that the uncommitted adolescent is a candidate for gang socialization. He believed that all could be tempted into delinquency, but most refused because they considered that they had too much to lose, the young who had few stakes or investments in conformity were more likely to be drawn into gang activity. The notion of stakes in conformity fits very well with concepts invoked in later versions of control theory. Ivan Nye not only elaborated a social theory of delinquency. He formulated the theory after interviewing 780 young people in Washington State, the sample was criticized because it did not represent any urban environments, and those selected might have been more apt to describe their families unfavorably. Some were concerned that criminal activity was only mentioned in two of the questions, so the extrapolations to crime in general were considered unsafe, like Reiss, he focused on the family as a source of control. Youth may be controlled through constraints imposed by parents, limiting the opportunity for delinquency, as well as through parental rewards. However, they may be constrained when free from control by their anticipation of parental disapproval, or through the development of a conscience. The focus on the family as a source of control was in marked contrast to the emphasis on economic circumstances as a source of motivation at the time. Walter Reckless developed containment theory by focusing on a youths self-conception or self-image of being a person as an insulator against peer pressure to engage in delinquency. Inner containment = positive sense of self, outer containment = supervision and this inner containment through self-images is developed within the family and is essentially formed by about the age of twelve
Social control theory
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Criminology and
penology
14.
Social disorganization theory
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In sociology, the social disorganization theory is one of the most important theories developed by the Chicago School, related to ecological theories. The theory directly links crime rates to neighborhood ecological characteristics, a principle of social disorganization theory is that place matters. In other words, a residential location is a substantial factor shaping the likelihood that that person will become involved in illegal activities. The theory suggests that, among determinants of a persons later illegal activity, larry Gaines and Roger Miller state in their book Criminal Justice in Action that crime is largely a product of unfavorable conditions in certain communities. The theory is not intended to apply to all types of crime, the theory has not been used to explain organized crime, corporate crime, or deviant behavior that takes place outside neighborhood settings. Up to the beginning of 1970s, this took a back seat to the psychological explanation of crime. A recent overview of social theory, including suggestions for refining and extending the theory, is a journal article by Kubrin. Attitudes are not innate, rather, they stem from a process of acculturation and this is based on the four wishes of the Thomas theorem, viz. If men define situations as real, they are real in their consequences and these four wishes are the desire for new experiences, the desire for recognition, the desire for domination, and the desire for security. The root of new attitudes arises from the formation of new relationships, for example, the emergence of economics as an independent sphere reflected the tendency to reduce quality to a quantity in barter transactions and led to the development of money. When a city is formed and grows, people and their activities cluster in a particular area, gradually, this central area becomes highly populated, so there is a scattering of people and their activities away from the central city to establish the suburbs. At both a micro and macro level, society was thought to operate as an organism, where change is a natural aspect of the process of growth. Thus, an area is invaded by new elements. This gives rise to competition, and there will either be succession or an accommodation which results in a reorganization. Thus, although a city was an organization, it also had social and moral structures that could be disorganized. They argued that conditions, be they of wealth or poverty, had a much greater determinant effect on criminal behavior than ethnicity, race. Sutherland also believed that such disorganization causes and reinforces the cultural traditions, the systematic quality of the behavior was a reference to repetitive, patterned, or organized offending, as opposed to random events. He depicted the culture as dominant and more extensive than alternative criminogenic cultural views
Social disorganization theory
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Criminology and
penology
15.
Strain theory (sociology)
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In sociology and criminology, strain theory states that social structures within society may pressure citizens to commit crime. Strain theory is a sociology and criminology theory developed in 1957 by Robert K. Merton, the theory states that society puts pressure on individuals to achieve socially accepted goals though they lack the means, this leads to strain which may lead the individuals to commit crimes. Examples being selling drugs or becoming involved in prostitution to gain financial security, Robert King Merton was an American sociologist who argued that society can encourage deviance to a large degree. Merton believed that socially accepted goals put pressure on people to conform, people are forced to work within the system or become members of a deviant subculture to achieve the desired goal. Mertons belief became the known as Strain Theory. Merton continued on to say when individuals are faced with a gap between their goals and their current status, strain occurs, when faced with strain, people have five ways to adapt, Conformity, pursuing cultural goals through socially approved means. Innovation, using socially unapproved or unconventional means to obtain culturally approved goals, example, dealing drugs or stealing to achieve financial security. Ritualism, using the same socially approved means to achieve less elusive goals, retreatism, to reject both the cultural goals and the means to obtain it, then find a way to escape it. Rebellion, to reject the cultural goals and means, then work to replace them, General strain theory is a sociology and criminology theory developed in the 1992 by Robert Agnew. The core idea of general theory is that people who experience strain or stress become distressed or upset which may lead them to commit crime in order to cope. One of the key principle of theory is emotion as the motivator for crime. The theory was developed to conceptualize the range of sources in society where strain possibly comes from. The theory also focuses on the perspective of goals for status, expectations, examples of General Strain Theory are people who use illegal drugs to make themselves feel better, or a student assaulting his peers to end the harassment they caused. GST introduces 3 main sources of such as, Loss of positive stimuli Presentation of negative stimuli The inability to reach a desired goal. Institutional anomie theory is a theory developed in 1994 in by Steven Messner. Derived from Mertons Strain Theory, IAT expands on the levels of the theory. IATs focus centers on the influences of varied social institutions. Illegitimate opportunities is a theory developed in 1960 by Richard Cloward
Strain theory (sociology)
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Criminology and
penology
16.
Subcultural theory
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Some of the theories are functionalist assuming that criminal activity is motivated by economic needs, while others posit a social class rationale for deviance. Frederic M. Thrasher studied gangs in a way, analyzing gang activity. He defined gangs by the process go through to form a group, The gang is an interstitial group originally formed spontaneously. It is characterized by the types of behavior, meeting face to face, milling, movement through space as a unit, conflict. The result of collective behavior is the development of tradition, unreflective internal structure, esprit de corps, solidarity, morale, group awareness. In the earliest stages of the Chicago School and their investigation of human ecology, miller agreed with Cohen that there was a delinquency subculture, but argued that it arose entirely from the lower class way of life. David Matza argued that, rather than being committed to delinquency, Phil Cohen studied the youth of East London in the early 1970s. He examined the immediate and the context to determine how two different youth subcultures reacted to the changes occurring in their community. He suggested that the Mod reaction was to the new ideology of affluence and they wanted to show that they had money and knew how to spend it. In contrast, skinheads looked back to the traditional working class community. Each generation tries to find employment or adapts to unemployment, but the 1920s had very different economic circumstances to later decades. Cohen argued that youth develop a style as a means of coping with their particular circumstances. This casts working class youth as the bearers of class struggle. Cohen argued that these styles are not meaningless, but are deeply layered in meaning and this is an application of Marxist Subcultural Theory which synthesised the structuralism of Marxism with the Labelling Theory. The approach matched that of the Centre for Contemporary Cultural Studies at Birmingham University and this approach places emphasis on the contents of youth culture and on the differences produced by class background. The assumption is that a capitalist society attempts to achieve hegemony by using the values of society for their own benefit. The domination of the adults is enforced through the system of mortgages, credit cards, and family commitments, and they are seduced into accepting the relative security of capitalism. But the youth are relatively free of long term commitment or responsibility for a family and, with many unemployed, Cohen, Albert K. Delinquent Boys, The Culture of the Gang, Glencoe
Subcultural theory
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Criminology and
penology
17.
Symbolic interactionism
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Symbolic interactionism is a sociological perspective which developed around the middle of the twentieth century and that continues to be influential in some areas of the discipline. It is particularly important in microsociology and social psychology, Symbolic interactionism is derived from the American philosophy of pragmatism and particularly from the work of George Herbert Mead. Sociologists working in this tradition have researched a wide range of topics using a variety of research methods, however, the majority of interactionist research uses qualitative research techniques, like participant observation, to study aspects of social interaction and/or individual selves. Symbolic interaction was conceived by George Herbert Mead and Charles Horton Cooley, Meads influence was said to be so powerful that sociologists regard him as the one true founder of the symbolic interactionism tradition. Although Mead taught in a department, he is best known by sociologists as the teacher who trained a generation of the best minds in their field. Strangely, he never set forth his ideas in a book or systematic treatise. After his death in 1931, his students pulled together class notes and conversations with their mentor and published Mind, Self, Herbert Blumer was a social constructionist, and was influenced by Dewey, as such, this theory is very phenomenologically based. He believed that the Most human and humanizing activity that people engage in is talking to each other, two other theorists who have influenced Symbolic interaction theory are Yrjö Engeström and David Middleton. Other scholars credited for their contribution to the theory are Thomas, Park, James, Horton Cooley, Znaniecki, Baldwin, Redfield, the term symbolic interactionism has come into use as a label for a relatively distinctive approach to the study of human life and human conduct. This viewpoint sees people as active in shaping their world, rather than as entities who are acted upon by society, with symbolic interactionism, reality is seen as social, developed interaction with others. Most symbolic interactionists believe a physical reality does indeed exist by an individuals social definitions, and this means that humans exist not in the physical space composed of realities, but in the world composed only of objects. According to Blumer, the objects can be divided into three types, physical objects, social objects, and abstract objects, both individuals and society cannot be separated far from each other for two reasons. One, being that they are created through social interaction, and two, one cannot be understood without the other. Herbert Blumer set out three basic premises of the perspective, Humans act toward things on the basis of the meanings they ascribe to those things. The meaning of things is derived from, or arises out of, the social interaction that one has with others. These meanings are handled in, and modified through, a process used by the person in dealing with the things he/she encounters. The first premise includes everything that a human being may note in their world, including objects, actions. Essentially, individuals behave towards objects and others based on the meanings that the individual has already given these items
Symbolic interactionism
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Sociology
18.
Victimology
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Victimology is, however, not restricted to the study of victims of crime alone but may include other forms of human rights violations. In criminology and criminal law, a victim of a crime is a person who has been harmed individually and directly by the perpetrator. However, this may not always be the case, as victims of white collar crime. Victims of white collar crime are often denied their status as victims by the construction of the concept. The concept also remains a topic within womens studies. Emotional distress as the result of crime is a theme for all victims of crime. The most common problems, affecting three quarters of victims, were problems, including, fear, anxiety, nervousness, self-blame, anger, shame. These problems often result in the development of chronic post-traumatic stress disorder, post crime distress is also linked to pre-existing emotional problems and sociodemographic variables. This has been known to become a case of the elderly to be more adversely affected. Victims may experience the psychological reactions, Increase in the realization of personal vulnerability. The perception of the world as meaningless and incomprehensible, the view of themselves in a negative light. The experience of victimization may result in increasing fear on the part of the victim, the environmental theory posits that the location and context of the crime bring the victim of the crime and its perpetrator together. Studies in the early 2010s showed that crimes are negatively correlated to trees in urban environments and this relationship was established by studies in 2010 in Portland, Oregon and in 2012 in Baltimore, Maryland. Geoffrey Donovan of the United States Forest Service, one of the researchers, said, trees, which provide a range of other benefits, could improve quality of life in Portland by reducing crime. Because We believe that large trees can reduce crime by signaling to a potential criminal that a neighborhood is better cared for and, therefore. Note that the presence of street trees especially indicated a reduction in crime. We found that the relationship continued in both contexts, but the magnitude was 40% greater for public than for private lands. There have been some studies recently to quantify the real existence of victim-proneness, contrary to the popular belief that more women are repeat victims, and thus more victim-prone than men, actually men in their prime are more likely to be victims of repeated crimes
Victimology
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Criminology and
penology
Victimology
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Anna Baldry (left) senior researcher at the International Victimology Institute Tilburg (INTERVICT), watches as participants conduct role-play scenarios during domestic and gender-based violence training at the Central Training Center.
Afghan National Police (ANP)
19.
Crime
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In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term crime does not, in criminal law, have any simple and universally accepted definition. The most popular view is that crime is a created by law, in other words, something is a crime if declared as such by the relevant. One proposed definition is that a crime or offence is an act not only to some individual. Such acts are forbidden and punishable by law, the notion that acts such as murder, rape and theft are to be prohibited exists worldwide. What precisely is an offence is defined by criminal law of each country. While many have a catalogue of crimes called the criminal code, the state has the power to severely restrict ones liberty for committing a crime. In modern societies, there are procedures to which investigations and trials must adhere, usually, to be classified as a crime, the act of doing something criminal must – with certain exceptions – be accompanied by the intention to do something criminal. While every crime violates the law, not every violation of the law counts as a crime, breaches of private law are not automatically punished by the state, but can be enforced through civil procedure. With institutional and legal machinery at their disposal, agents of the State can compel populations to conform to codes, authorities employ various mechanisms to regulate certain behaviors in general. In addition, authorities provide remedies and sanctions, and collectively these constitute a criminal justice system, Legal sanctions vary widely in their severity, they may include incarceration of temporary character aimed at reforming the convict. Some jurisdictions have penal codes written to inflict permanent harsh punishments, legal mutilation, usually a natural person perpetrates a crime, but legal persons may also commit crimes. Conversely, at least under U. S. law, nonpersons such as animals cannot commit crimes, the sociologist Richard Quinney has written about the relationship between society and crime. When Quinney states crime is a phenomenon he envisages both how individuals conceive crime and how populations perceive it, based on societal norms. The word crime is derived from the Latin root cernō, meaning I decide, originally the Latin word crīmen meant charge or cry of distress. The Ancient Greek word krima, from which the Latin cognate derives, typically referred to a mistake or an offense against the community. In 13th century English crime meant sinfulness, according to etymonline. com and it was probably brought to England as Old French crimne, from Latin crimen. In Latin, crimen could have signified any one of the following, charge, indictment, accusation, crime, fault, the word may derive from the Latin cernere – to decide, to sift
Crime
Crime
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Criminology and
penology
Crime
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The spiked heads of executed criminals once adorned the gatehouse of the medieval
London Bridge.
20.
Crimes against humanity
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The first prosecution for crimes against humanity took place at the Nuremberg trials. The law of crimes against humanity has developed through the evolution of customary international law. Crimes against humanity are not codified in a convention, although there is currently an international effort to establish such a treaty. Unlike war crimes, crimes against humanity can be committed during peace or war and they are not isolated or sporadic events, but are part either of a government policy or of a wide practice of atrocities tolerated or condoned by a government or a de facto authority. The term crimes against humanity is potentially ambiguous because of the ambiguity of the word humanity, the history of the term shows that the latter sense is intended. The term crimes against humanity was used by George Washington Williams, in a pamphlet published in 1890, the preamble of the two Conventions referenced the “laws of humanity” as an expression of underlying inarticulated humanistic values. The term is part of what is known as the Martens Clause, on May 24,1915, the Allied Powers, Britain, France, and Russia, jointly issued a statement explicitly charging for the first time ever another government of committing a crime against humanity. At the conclusion of the war, a war crimes commission recommended the creation of a tribunal to try violations of the laws of humanity. However, the US representative objected to references to law of humanity as being imprecise and insufficiently developed at that time, the drafters of this document were faced with the problem of how to respond to the Holocaust and grave crimes committed by the Nazi regime. A traditional understanding of war crimes gave no provision for crimes committed by a power on its own citizens, the legal basis for the trial was established by the Charter of the International Military Tribunal for the Far East that was proclaimed on 19 January 1946. The tribunal convened on May 3,1946, and was adjourned on November 12,1948, in the Tokyo Trial, Crimes against Humanity was not applied for any suspect. This was because the values of lives of Asian civilians were considered to be less than the lives of Caucasian or Jewish civilians. Prosecutions related to the Nanking Massacre were categorised as infringements upon the Laws of War, War crimes charges against more junior personnel were dealt with separately, in other cities throughout Far East Asia, such as the Nanjing War Crimes Tribunal and the Khabarovsk War Crimes Trials. A panel of eleven judges presided over the IMTFE, one each from victorious Allied powers, the different types of crimes which may constitute crimes against humanity differs between definitions both internationally and on the domestic level. The Charter of the United Nations makes actions of the General Assembly advisory to the Security Council, in regard to apartheid in particular, the UN General Assembly has not made any findings, nor have apartheid-related trials for crimes against humanity been conducted. The statutes of the International Criminal Tribunal for the former Yugoslavia, there are eleven international texts defining crimes against humanity, but they all differ slightly as to their definition of that crime and its legal elements. In 2008, the Crimes Against Humanity Initiative was launched to address this gap in international law, the Initiative represents the first concerted effort to address the gap that exists in international criminal law by enumerating a comprehensive international convention on crimes against humanity. On July 30,2013, the United Nations International Law Commission voted to include the topic of crimes against humanity in its program of work
Crimes against humanity
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Criminology and
penology
Crimes against humanity
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Nuremberg Trials. Defendants in the dock. The main target of the prosecution was
Hermann Göring (at the left edge on the first row of benches), considered to be the most important surviving official in the
Third Reich after
Hitler 's death.
Crimes against humanity
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The defendants at the Tokyo International Tribunal.
General Tojo was one of the main defendants, and is in the centre of the middle row
Crimes against humanity
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The current headquarters of the ICC in The Hague
21.
Blue-collar crime
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While blue-collar crime has no official legal classification, it holds to a general net group of crimes. These crimes are primarily small scale, for immediate beneficial gain to the individual or group involved in them and this can also include personal related crimes that can be driven by immediate reaction, such as during fights or confrontations. These crimes include but are not limited to, Narcotic production or distribution, sexual assault, theft, burglary, assault or murder. Blue-collar crime is a used to identify crime, normally of a small scale nature in contrast to “white-collar crime”. During the 1910s through to the 1920s in America, manual labourers often opted for blue shirts and this has carried on to the modern day, therefore meaning crime committed by lower classes. It is important to note that blue-collar crime does not exclusively address low income earners in work, the process of industrialisation encouraged working-class incorporation into society with greater social mobility being achieved during the twentieth century. A perennial source of conflict has therefore involved working-class youth but, as structural unemployment emerged. Ralf Dahrendorf argues that the majority class did not need the unemployed to maintain and even increase its standard of living, box sums up the research into crime and unemployment at pp96–7, The relationship between overall unemployment and crime is inconsistent. On balance the weight of existing research supports there being a weak, however, properly targeted research on young males, particularly those from disadvantaged ethnic groups, which considers both the meaning and duration of unemployment, has yet to be done. What this and other empirical research demonstrates is that crime-rates, especially for property offences, were higher during periods of unemployment than of employment and this suggests that holding constant other variables, the same youths commit more crimes while unemployed. This is not surprising since unemployment provides an incentive to commit offences and erodes the social controls which would otherwise encourage conformity, but crime also rose during the so-called period of affluence, prompting the Right Realism of James Q. More generally, the growth of anomie, predicted a strong correlation between unemployment and property crime, but Cantor and Land found a negative association for unemployment and property crime in the United States. They argued that unemployment decreases the opportunity for property crime since it reflects a general slowdown in, however, there is an explanation for this correlation between unemployment and tendencies towards crime. A study found that both social standing in the classes and the employment status of offenders found them likely to be detained, arrested and prosecuted by Law Enforcement. Further it came to the conclusion that unemployed persons were more likely to be dealt harsher punishments, the evidence that there are new affluent criminals allows populist politicians to deny any link between inner-city deprivation and crime. As Durkheim asserted, moral education cannot be effective in an economically unjust society, a further factor currently being researched is the role of the media in the social construction of hot spots or dangerous places within a city. Crime is an element in media news reporting. In Australia a study undertaken, focusing on Aboriginal Australians, researched into the crime rates between similar communities
Blue-collar crime
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Criminology and
penology
22.
Corporate crime
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In criminology, corporate crime refers to crimes committed either by a corporation, or by individuals acting on behalf of a corporation or other business entity. Some negative behaviours by corporations may not actually be criminal, laws vary between jurisdictions, for example, some jurisdictions allow insider trading. The world’s gross criminal product has been estimated at 20 percent of world trade, and state-corporate crime because, in many contexts, the opportunity to commit crime emerges from the relationship between the corporation and the state. In English law, this was matched by the decision in Salomon v Salomon & Co AC22, in Australian law, under the Corporations Act 2001, a corporation is legally a person. Corporate crime has become politically sensitive in some countries, the Law Reform Commission of New South Wales offers an explanation of such criminal activities, Corporate crime poses a significant threat to the welfare of the community. Similarly, Russell Mokhiber and Robert Weissman assert, At one level and these may serve the economic interests of mass consumers by introducing new products and more efficient methods of mass production. On another level, given the absence of political control today, corporations serve to destroy the foundations of the civic community, Behavior can be regulated by the civil law or the criminal law. In deciding to criminalize particular behavior, the legislature is making the judgment that this behavior is sufficiently culpable to deserve the stigma of being labelled as a crime. In law, corporations can commit the same offences as natural persons, but states depend on the business sector to deliver a functioning economy, so the politics of regulating the individuals and corporations which supply that stability become more complex. For the views of Marxist criminology, see Snider and Snider & Pearce, for Left realism, see Pearce & Tombs and Schulte-Bockholt, more specifically, the historical tradition of sovereign state control of prisons is ending through the process of privatisation. Corporate profitability in these areas therefore depends on building more facilities, managing their operations. In turn, this requires a steady stream of prisoners able to work, bribery and corruption are problems in the developed world, and the corruption of public officials is thought to be a serious problem in developing countries, and an obstacle to development. Edwin Sutherlands definition of white collar crime also is related to notions of corporate crime, one paper discusses some of the issues that arise in the relationship between private sector and corruption. The findings can be summarized as follows, They present evidence that corruption induces informality by acting as a barrier to entry into the formal sector, firms that are forced to go underground operate at a smaller scale and are less productive. Corruption also affects the growth of firms in the private sector and this result seems to be independent of the size of the firm. A channel through which corruption may affect the prospects of firms is through its negative impact on product innovation. SMEs pay higher bribes as percentage of revenue compared with large companies, bribery is not the only form of corruption affecting large firms. Embezzlement by a company’s own employees, corporate fraud, and insider trading can be damaging to enterprises too
Corporate crime
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Criminology and
penology
Corporate crime
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Ethics and principles
23.
Juvenile delinquency
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Juvenile delinquency, also known as juvenile offending, is participation in illegal behavior by minors. Most legal systems prescribe specific procedures for dealing with juveniles, such as detention centers. A juvenile delinquent in the United States is a person who is typically below 18 years of age, depending on the type and severity of the offense committed, it is possible for people under 18 to be charged and treated as adults. Juvenile crimes can range from status offenses, to property crimes, however, juvenile offending can be considered normative adolescent behavior. This is because most teens tend to offend by committing non-violent crimes, only once or a few times, repeated and/or violent offending is likely to lead to later and more violent offenses. When this happens, the offender often displayed antisocial behavior even before reaching adolescence, according to the developmental research of Moffitt, there are two different types of offenders that emerge in adolescence. Juvenile delinquency occurrences by males are largely disproportionate to the rate of occurrences by females and this great gap between the crimes reinforce the connotations of traditional masculinity to be the center of violence, aggression, and competition. This is largely based on the notion that as males, it is their duty to take what they feel they deserve through these means to define themselves and play the role of provider and independent figure. Because aggression is not a characteristic, it has caused more commotion when females perform crimes that are often attributed to males. The acts of delinquency begin with the expectations of their perceived roles through the direction of adults of both genders. Sandra Lee Bartky expresses these claims thoroughly in her work Foucault, Femininity, and the Modernization of Patriarchal Power by examining close observation of diction, action, and decorum. Boys learn to take as much space as possible when sitting, dress appropriately to stand out, thus, delinquent behavior is expressed as an outlet especially to those of lower socioeconomic backgrounds that cannot gain precedence through conventional means. Gender role for females is to become more unnoticeable, a follower that does not need to stand out, because of their condition to be more docile and dependent, the instinctive need to gain precedence is not as highly valued. Even respect comes in the form of different terms, as it is through how appropriately she conducts herself that seems innocent and this is also influenced by fellow peers such as mothers and other female figures apart from the authoritative male figure. In this instance, there is no need to urge to commit delinquency as the female is expected to rely on the male for his role as provider. It is through the act of needing to become dependent that enforces the feminine characteristics to seem as an alternative to delinquency, in fact, it has been largely stated that while masculinity induces such violent behavior, femininity is seen as the antithesis to delinquency. The answers were predominantly that males were to provide through aggressive terms, while females should be the more docile, the bipolarity assumption suggests that masculinity and femininity are opposites, and the assumption of unidimensionality implies that gender differences form a single scale. Interestingly, the impact of feminism has because the formation of a new trend as female delinquency has gone up
Juvenile delinquency
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Criminology and
penology
Juvenile delinquency
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1936 poster promoting planned housing as a method to deter juvenile delinquency, showing silhouettes of a child stealing a piece of fruit and a child involved in armed robbery.
24.
Organized crime
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Some criminal organizations, such as terrorist groups, are politically motivated. Sometimes criminal organizations force people to do business with them, such as when a gang extorts money from shopkeepers for so-called protection, gangs may become disciplined enough to be considered organized. A criminal organization or gang can also be referred to as a mafia, mob, or crime syndicate, European sociologists define the mafia as a type of organized crime group that specializes in the supply of extra-legal protection and quasi law enforcement. There is a tendency to distinguish organized crime from other forms of crime, such as crime, financial crimes, political crimes, war crime, state crimes. This distinction is not always apparent and academics continue to debate the matter, for example, in failed states that can no longer perform basic functions such as education, security, or governance, organised crime, governance and war sometimes complement each other. The term Oligarchy has been used to describe democratic countries whose political, social and economic institutions come under the control of a few families, in the United States, the Organized Crime Control Act defines organized crime as he unlawful activities of a highly organized, disciplined association. Criminal activity as a process is referred to as racketeering. In the UK, police estimate that organized crime involves up to 38,000 people operating in 6,000 various groups, bureaucratic/corporate organized crime groups are defined by the general rigidity of their internal structures. An estimate on youth street gangs nationwide provided by Hannigan, et al. marked an increase of 35% between 2002 and 2010, the term “street gang” is commonly used interchangeably with “youth gang, ” referring to neighborhood or street-based youth groups that meet “gang” criteria. Some reasons youth join gangs include to feel accepted, attain status, a sense of unity brings together many of the youth gangs that lack the family aspect at home. Zones of transition are deteriorating neighborhoods with shifting populations, in such areas, conflict between groups, fighting, turf wars, and theft promote solidarity and cohesion. Participation in gang-related events during adolescence perpetuate a pattern of maltreatment on their own children years later, klein like Spergel studied the effects on members of social workers’ interventions. More interventions actually lead to greater participation and solidarity and bonds between members. Downes and Rock on Parker’s analysis, strain theory applies, labeling theory, control theory and these may also be defined by age or peer group influences, and the permanence or consistency of their criminal activity. These groups also form their own identity or public representation which are recognizable by the community at large. Some studied street gangs involved in drug dealing - finding that their structure, members saw themselves as organized criminals, gangs were formal-rational organizations, Strong organizational structures, well defined roles and rules that guided members’ behavior. Also a specified and regular means of income, padilla agreed with the two above. However some have found these to be rather than well-defined and lacking persistent focus, there was relatively low cohesion, few shared goals
Organized crime
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Criminology and
penology
Organized crime
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Jamaican gang leader
Christopher Coke
Organized crime
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Mexican drug cartels and their areas of influence.
Organized crime
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Tattooed
Yakuza gangsters
25.
Political crime
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In criminology, a political crime or political offence is an offence involving overt acts or omissions, which prejudice the interests of the state, its government, or the political system. It is to be distinguished from state crime, in which it is the states that both their own criminal laws or public international law. States will define as political crimes any behaviour perceived as a threat, real or imagined, to the states survival, at one extreme, crimes such as treason, sedition, and terrorism are political because they represent a direct challenge to the government in power. Espionage is usually considered a criminal act, but offenders do not have to aim to overthrow the government or to depose its leaders to be acting in a way perceived as political. g. By burning the flag in public. But the scope of such crimes can be less direct. Any interference with the media of communication or the sets of meanings embedded in the communications themselves may be perceived as a threat to the authority of the state. Moreover, even an offence against non-governmental institutions, persons, or practices may be deemed political and this code requires that police behave in a courteous and fair manner, that they treat all citizens in a respectable and decent manner, and that they never use unnecessary force. When they do, it is argued that this constitutes a crime and, if it is institutionalised, then over time, the use of unnecessary force become a state crime. Marxist criminologists argue that most political crime arises from the efforts of the state to reproduce the structures of inequality, racism, sexism, thus, states will protect property rights and reduce the rights of trade unions to represent the interests of the poor. Marxists do not dispute that, for a society to function efficiently, but they consider that, in all societies, one class, usually characterised as the ruling class, gains far more than other classes. Marxists agree with functionalists that socialisation plays a role in promoting conformity. However, unlike the latter, they are critical of the ideas, values. Modern Marxists point to education and the media as socialising agencies, which delude or mystify the working class into conforming to a social order, thus, all controls which directly or indirectly explit the criminal law to control access to the discourses are political crimes. Miller says that one of the characteristics of power in modern history has been the rationalisation and bureaucratisation of law. Legal codification, or at least debates over the merits of legal codification, in particular, the rationalisation of criminal law standardised not just the concept of crime, but was adopted as the means to eliminate the deviant as a threat to a modern, uniform, moral standard. In this, the religious establishment began to play a new role in defining evil in which threats to the political or social norm became as dangerous as threats to religious orthodoxy, thus, political speech became one of the most likely activities to be criminalised. The freedom of association and to meet may also be criminalised if the purpose is to express political views
Political crime
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Criminology and
penology
26.
Public-order crime
–
Robertson maintains a crime is nothing more than an act that contravenes a law. Generally speaking, deviancy is criminalized when it is too disruptive and has proved uncontrollable through informal sanctions, Public order crime should be distinguished from political crime. Thus, public order crime includes consensual crime and victimless crime and it asserts the need to use the law to maintain order both in the legal and moral sense. Public order crime is now the term by proponents as against the use of the word victimless based on the idea that there are secondary victims that can be identified. In short, there are no clear, unequivocal definitions of consensus, harm, injury, offender, such judgments are always informed by contestable, epistemological, moral, and political assumptions. A vice squad is a police division whose focus is stopping public-order crimes like gambling, narcotics, prostitution, note that under English and Welsh law, a public order offence is a different category of crime related to disorderly conduct and other breaches of the peace. g. After all, society could deal with unpopular behaviour without invoking criminal or other legal processes and these decisions change over time as moral standards change. For example, Margaret Sanger who founded the first birth control clinic in New York City was accused of distributing obscene material, information about birth control is no longer considered obscene. This reflects a fundamental problem of legal consistency. People have the right to engage in some self-destructive activities, for all its carcinogenic qualities, tobacco is not a prohibited substance. Similarly, the consumption of alcohol can have severe physical consequences. Qualitatively, there is nothing to distinguish the forms of gambling deemed illegal, a side effect of turning too many people into criminals is that the concept of crime becomes blurred and genuine criminality becomes less unacceptable. A further perceptual problem emerges when laws remain in force but are not enforced. Thus, any deterrent message that the state might wish to send is distorted or lost. e. The use of the word implies that there are no injuries caused by these crimes and, if that is true. This has two consequences, Because these crimes take place in private, comprehensive law enforcement would consume an enormous amount of resources. g. Criminalization is intended as a pre-emptive, harm-reduction device, using the threat of punishment as a deterrent to those proposing to engage in the behaviour causing harm, the state becomes involved because the costs of not criminalizing outweigh the costs of criminalizing it. The process of criminalization should be controlled by the state because, even in policed societies, fear may inhibit reporting or co-operation in a trial
Public-order crime
–
Criminology and
penology
27.
State crime
–
In criminology, state crime is activity or failures to act that break the states own criminal law or public international law. For these purposes, Ross defines a state as the elected and appointed officials, the bureaucracy, initially, the state was the agency of deterrence, using the threat of punishment as a utilitarian tool to shape the behaviour of its citizens. Then, it became the mediator, interpreting societys wishes for conflict resolution, theorists then identified the state as the victim in victimless crimes. Now, theorists are examining the role of the state as one of the perpetrators of crime whether directly or in the context of state-corporate crime. Green & Ward adopt Max Webers thesis of a sovereign “state” as claiming a monopoly on the use of force. Thus, the criteria for determining whether a state is deviant will draw on international norms, one of those standards will be whether the state respects human rights in the exercise of its powers. As international crimes, a state may engage in state terror and terrorism, torture, war crimes, both internationally and nationally, there may be corruption, state-corporate crime, and organized crime. One of the key issues is the extent to which, if at all, when the citizens of second and third world countries which may be of a more authoritarian nature, seek to hold their leaders accountable, the problems become more acute. Barak examines recent history through Reaganism and Thatcherism which led to a decline in the provision of social services, in turn, this created the opportunity for injustices and state crimes involving the suppression of democratic functions within the state. As Johns and Johnson note, The concern of the U. S, such collusion frequently entails the softening of environmental and other regulations. The debt service obligation can also exacerbate political instability in countries where the legitimacy of state power is questioned, such political volatility leads states to adopt clientelistic or patrimonialist patterns of governance, fostering organized crime, corruption, and authoritarianism. In some third world countries, this political atmosphere has encouraged repression, barak, G. Crimes by the capitalist state, An introduction to state criminality. Albany, State University of New York Press, human Rights and Crimes of the State, The Culture of Denial in Criminological Perspectives, 2nd Edition. From Lynskey to Nolan, The Corruption of British Politics and Public Service, Journal of Law and Society, Vol.23, No.1, State Crime, Governments, Violence and Corruption. Johns, Christina Jacqueline & Johnson, P. Ward, State Crime, The Media, And The Invasion of Panama. Peace Review,6, pp171-175 Ross, Jeffrey Ian, controlling State Crime, 2nd edition, New Brunswick, NJ, Transaction Publishers. Varieties of State Crime and Its Control
State crime
–
Criminology and
penology
28.
State-corporate crime
–
In criminology, the concept of state-corporate crime refers to crimes that result from the relationship between the policies of the state and the policies and practices of commercial corporations. The term was coined by Kramer and Michalowski, and redefined by Aulette and these definitions were intended to include all socially injurious acts and not merely those that are defined by the local criminal jurisdiction as crime. This is not universally accepted as a definition so a less contentious version has been adopted here. To be able to operate as a business entity, the modern corporation requires a legal framework of regulation. All states rely on businesses to provide an economic base consistent with each governments political policies, without policies that are supportive of economic activity, businesses will not be profitable and so will not be able to provide the economic support that the state desires. In some cases, this symbiosis may lead to the commission of crimes, Harper and Israel comment. societies create crime because they construct the rules whose transgression constitutes crime. The state is a player in this process. I. e. the way in which crime is defined is dynamic and reflects each societys immediate needs, the process depends on the values underpinning the society, the mechanisms for resolving political conflict, the control over the discourse, and the exercise of power. Once the state is committed to offer, it can be difficult to enforce local laws against pollution, health. Green and Ward examine how the debt repayment schemes in developing countries such an financial burden on states that they often collude with corporations offering prospects of capital growth. Such collusion frequently entails the softening of environmental and other regulations, the debt service obligation can also exacerbate political instability in countries where the legitimacy of state power is questioned. Such political volatility leads states to adopt clientelistic or patrimonialist patterns of governance, fostering organized crime, corruption, in some third world countries, this political atmosphere has encouraged repression and the use of torture. But Sharkansky is careful to maintain a strict definition of crime for these purposes, many individuals and organisations may disapprove of what governments do or fail to do, but such acts and omissions are not necessarily criminal. Finally, Harper and Israel concluded that the economic need for inward investment forced the Papua New Guinea government to match the lax regulatory regimes offered in other developing countries. While governments and individual public servants claimed to maintain a commitment to environmental conservation, fire in Hamlet, a Case Study of State-Corporate Crime in Political Crime in Contemporary America, a Critical Approach. State Crime, Governments, Violence and Corruption, the killing of the Fly, State-corporate victimization in Papua New Guinea. Kauzlarich, D. & Kramer, R. State-Corporate Crime in the US Nuclear Weapons Production Complex, defining the Concept of Crime, a Humanistic Perspective. Journal of Sociology and Social Welfare,5, 469-487, the Space Shuttle Challenger Explosion, A Case Study of State-Corporate Crime in White-Collar Crime Reconsidered
State-corporate crime
–
Criminology and
penology
29.
Victimless crime
–
A victimless crime is a term used to refer to actions that have been made illegal but which do not directly violate or threaten the rights of any other individual. It often involves consensual acts, or solitary acts in which no person is involved. Such acts would not lead to any person calling for help from the police, for example, in most countries current victimless crimes include recreational drug use. In politics, a lobbyist or an activist might use this phrase with the implication that the law in question should be abolished, in theory, each polity determines for itself the laws it wants to have, so as to maximize the happiness of its citizens. As knowledge progresses and behavior changes, and values change as well, once it is obvious to a vast majority that the law is unnecessary at best, the law, until it is repealed, will be prohibiting a victimless crime. Many victimless crimes begin because of a desire to obtain illegal products or services that are in high demand, criminal penalties thus tend to limit the supply more than the demand, driving up the black-market price and creating monopoly profits for those criminals who remain in business. This crime tariff encourages the growth of sophisticated and well-organized criminal groups, organized crime in turn tends to diversify into other areas of crime. Large profits provide ample funds for bribery of officials, as well as capital for diversification. The War on Drugs is a cited example of prosecution of victimless crime. The reasoning behind this is that drug use does not directly harm other people and it is argued that the criminalization of drugs leads to highly inflated prices for drugs. For example, Bedau and Schur found in 1974 that In England the pharmacy cost of heroin 0.06 cents per grain, in the United States street price $30-90 per grain. In addition to the creation of a market for drugs. It is reasoned that this reduction of the workforce is ultimately harmful to an economy reliant on labor, the number of drug arrests increases every year. In a poll taken by the Bureau of Justice Statistics between 1980 and 2009, 30-year period, rates for drug possession or use doubled for whites and tripled for blacks. Many activities that were once considered crimes are no longer illegal in some countries, two large categories of victimless crimes are sexual pleasure and recreational drug use. On the first, Following the 1917 Bolshevik Revolution led by Vladimir Lenin and Leon Trotsky, the new Bolshevik legal code contained within it the concept that, if there was no victim, there was no crime. When Joseph Stalin came to power, these changes were reversed bit by bit, in the UK in the 1950s, the Wolfenden report recommended the legalization of homosexual behaviour between consenting adults in private, for these reasons. Almost fifty years later, Lawrence v. Texas struck down U. S. sodomy laws, as of 2015, sale of sex toys remains illegal in Alabama
Victimless crime
–
Criminology and
penology
30.
White-collar crime
–
White-collar crime refers to financially motivated nonviolent crime committed by business and government professionals. Within criminology, it was first defined by sociologist Edwin Sutherland in 1939 as a crime committed by a person of respectability and high social status in the course of his occupation. Some crime is only possible because of the identity of the offender, Shover and Wright point to the essential neutrality of a crime as enacted in a statute. It almost inevitably describes conduct in the abstract, not by reference to the character of the persons performing it, thus, the only way that one crime differs from another is in the backgrounds and characteristics of its perpetrators. By organizational culture rather than the offender or offense which overlaps with organized crime, organizational or corporate crime which occurs when corporate executives commit criminal acts to benefit their company by overcharging or price fixing, false advertising, etc. The types of crime committed are a function of what is available to the potential offender, blue-collar crime tends to be more obvious and thus attracts more active police attention such as vandalism or shoplifting. In contrast, white-collar employees can incorporate legitimate and criminal behavior and it is estimated that a great deal of white-collar crime is undetected or, if detected, it is not reported. Corporate crime deals with the company as a whole, the crime benefits the investors or the individuals who are in high positions in the company or corporation. The relationship white-collar crime has with corporate crime is that they are similar because both are involved within the business world. Their difference is that white-collar crime benefits the individual involved, one well-known insider trading case in the United States is the ImClone stock trading case. In December 2001, top-level executives sold their shares in ImClone Systems, the SEC reached a settlement in 2005. Although law enforcement claims to have prioritized white-collar crime, evidence shows that it continues to be a low priority, when senior levels of a corporation engage in criminal activity using the company this is sometimes called control fraud. Some examples include human trafficking, money laundering, drug smuggling, illegal arms dealing, terrorism, the two most common forms are theft and fraud. Theft can be of varying degrees, from a pencil to furnishings to a car, insider trading, the trading of stock by someone with access to publicly unavailable information, is a type of fraud. In the modern world, there are a lot of nations which divide the crimes into some laws, crimes Related to Inducement of Foreign Aggression is the crime of communicating with aliens secretly to cause foreign aggression or menace. Crimes Related to Foreign Aggression is the treason of cooperating with foreign aggression positively regardless of the national inside and outside, crimes Related to Insurrection is the internal treason. Depending on a country, conspiracy is added to these, in the United States, sentences for white-collar crimes may include a combination of imprisonment, fines, restitution, community service, disgorgement, probation, or other alternative punishment. In other countries, such as China, white-collar criminals can be given the death penalty, certain countries like Canada consider the relationship between the parties to be a significant feature on sentence when there is a breach of trust component involved
White-collar crime
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Criminology and
penology
31.
War crime
–
A war crime is an act that constitutes a serious violation of the law of war that gives rise to individual criminal responsibility. The concept of war crimes emerged at the turn of the century when the body of customary international law applicable to warfare between sovereign states was codified. Moreover, trials in national courts during this period further helped clarify the law, following the end of World War II, major developments in the law occurred. Numerous trials of Axis war criminals established the Nuremberg principles, such as notion that war crimes constituted crimes defined by international law, additionally, the Geneva Conventions in 1949 defined new war crimes and established that states could exercise universal jurisdiction over such crimes. The trial of Peter von Hagenbach by an ad hoc tribunal of the Holy Roman Empire in 1474 was the first international war crimes trial, and also of command responsibility. He was convicted and beheaded for crimes that he as a knight was deemed to have a duty to prevent, although he had argued that he was only following orders. In 1654 a Major Connaught was tried at Chester Assizes and hanged for his part in the massacre of villagers in the church at the village of Boughton, twelve villagers were smoked out, stripped naked and had their throats cut. He was hanged at the scene of the crime having been convicted of striking a blow to the head of John Fowler with an axe. The Geneva Conventions are four related treaties adopted and continuously expanded from 1864 to 1949 that represent a legal basis, accordingly, states retain different codes and values with regard to wartime conduct. Some signatories have routinely violated the Geneva Conventions in a way which either uses the ambiguities of law or political maneuvering to sidestep the laws formalities and principles. Three conventions were revised and expanded with the one added in 1949, First Geneva Convention for the Amelioration of the Condition of the Wounded. Second Geneva Convention for the Amelioration of the Condition of Wounded, Sick, third Geneva Convention relative to the Treatment of Prisoners of War. Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, Protocol II relating to the Protection of Victims of Non-International Armed Conflicts. Protocol III relating to the Adoption of an Additional Distinctive Emblem, a small number of German military personnel of the First World War were tried in 1921 by the German Supreme Court for alleged war crimes. The modern concept of war crime was further developed under the auspices of the Nuremberg Trials based on the definition in the London Charter that was published on August 8,1945. Along with war crimes the charter also defined crimes against peace and crimes against humanity, on July 1,2002, the International Criminal Court, a treaty-based court located in The Hague, came into being for the prosecution of war crimes committed on or after that date. Several nations, most notably the United States, China, Russia, the United States still participates as an observer. Article 12 of the Rome Statute provides jurisdiction over the citizens of non-contracting states in the event that they are accused of committing crimes in the territory of one of the state parties
War crime
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Criminology and
penology
War crime
–
A picture taken by the
Polish Underground of
Nazi Secret Police rounding up Polish intelligentsia at
Palmiry near
Warsaw in 1940 for mass execution (
German AB-Aktion in occupied Poland).
War crime
–
Suchow, China, 1938. A ditch full of the bodies of Chinese civilians, killed by
Japanese soldiers.
War crime
–
HRW wrote that the
Saudi Arabian-led military intervention in Yemen that began on 26 March 2015 had conducted airstrikes in apparent violation of the laws of war.
32.
Deterrence (legal)
–
Deterrence is the use of punishment as a threat to deter people from offending. Deterrence is often contrasted with retributivism, which holds that punishment is a consequence of a crime. Deterrence can be divided into three separate categories, specific deterrence focuses on the individual in question. The aim of these punishments is to discourage the criminal from future acts by instilling an understanding of the consequences. General or indirect deterrence focuses on prevention of crime by making examples of specific deviants. The individual actor is not the focus of the attempt at behavioral change, incapacitation is considered by some to be a subset of specific deterrence. Incapacitation aims to prevent future crimes not by rehabilitating the individual, under this theory, criminals are put in jail not so that they will learn the consequence of their actions but rather so that while they are there, they will be unable to engage in crime. Not all crime deterrence comes from a justice system. Controversial academic Gary Kleck concludes evidence suggests that private gun ownership and use significantly deter crime, marginal deterrence is intended to deter criminals to limit their criminal acts. Without marginal deterrence, a criminal could benefit from committing crimes or using illegal methods to suppress law enforcement. As an example, if robbery without force gave the punishment as robbery by murder. Marginal deterrence is therefore similar in conclusion but different in justifying rationale from the doctrine of proportionality often invoked in discussions of retributive justice, measuring and estimating the effects of criminal sanction on subsequent criminal behavior is the historic and conceptual core of criminology. There are extensive reviews of literature with somewhat conflicting assessments. Some research has shown that increasing the severity of a punishment does not have effect on crime. Clearly, enhancing the severity of punishment will have little impact on people who do not believe they will be apprehended for their actions, similarly, enhancing the certainty of punishment will have little impact on people who do not believe that the sanctions to be imposed will be severe. The use of punishment has been described as the least effective. A study by a Canadian criminologist Paul Gendreau brought together the results of 50 different studies of the deterrent effect of imprisonment involving over 300,000 offenders, the report said, None of the analyses found imprisonment reduced recidivism. The recidivism rate for offenders who were imprisoned as opposed to given a community sanction was similar, in addition, longer sentences were not associated with reduced recidivism
Deterrence (legal)
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Criminology and
penology
33.
Incapacitation (penology)
–
Incapacitation in the context of sentencing philosophy is the effect of a sentence in positively preventing future offending. Imprisonment incapacitates the prisoner by physically removing them from the society against which they are deemed to have offended, long term imprisonment with the intention to incapacitate is often used by criminal justice systems against habitual criminals who recidivate. Therefore, incapacitation focuses on removing the ability of the offenders to commit crimes by use of imprisonment rather than focusing on rehabilitation or prevention. Examples of these laws include back-to-back life sentences, three-strikes sentencing, in the United States,18 U. S. C. §3553 states that one of the purposes of criminal sentencing is to protect the public from further crimes of the defendant. Quite simply, those incarcerated cannot commit crimes against society. Most of the justification for the high levels of those in prison in the United States is due to the incapacitation effect. However, the increase in the number of persons incarcerated has increased due to the implementation of this concept. For the 30 years prior to 1974, the number or persons incarcerated was 103 per 100,000. This number had climbed to 600 per 100,000 by 1995, the rate of recidivism has increased since the 1990s. The balance between the cost of incarceration and the reduction in crime due to the effect remains difficult to make decisions on. In 2015, a problem was noted in North Carolina. A similar drop in crime was noted in Australia, where the increase in the prison population was termed a very blunt instrument of crime control but it is an important instrument. The paper further states that achieving a 10 percent reduction in the 2006 burglary rate an increase imprisonment of 34 percent would be needed, doing so would increase cost by an additional $26 million per year. Further research was recommended as to the cost-effectiveness of this method of controlling crime, cutting off a hand of a thief is also an example, this acts to prevent further thefts in a drastic manner, in addition to it having a perceived deterrent effect on others. Penology Precrime – criminal justice system approaches to crimes not yet committed Psychopathy Recidivism Weatherburn, Don, Jiuzhao Hua, how Much Crime Does Prison Stop-The Incapacitation Effect of Prison on Burglary
Incapacitation (penology)
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Criminology and
penology
34.
Prison
–
Besides their use for punishing crimes, jails and prisons are frequently used by authoritarian regimes against perceived opponents. Prisons often have facilities that are designed with long term confinement in mind in comparison to jails. In times of war, prisoners of war or detainees may be detained in prisons or prisoner of war camps. The use of prisons can be traced back to the rise of the state as a form of social organization, corresponding with the advent of the state was the development of written language, which enabled the creation of formalized legal codes as official guidelines for society. The best known of early legal codes is the Code of Hammurabi. Some Ancient Greek philosophers, such as Plato, began to develop ideas of using punishment to reform instead of simply using it as retribution. Imprisonment as a penalty was used initially for those who could not afford to pay their fines, eventually, since impoverished Athenians could not pay their fines, leading to indefinite periods of imprisonment, time limits were set instead. The prison in Ancient Athens was known as the desmoterion, the Romans were among the first to use prisons as a form of punishment, rather than simply for detention. A variety of existing structures were used to house prisoners, such as cages, basements of public buildings. One of the most notable Roman prisons was the Mamertine Prison, the Mamertine Prison was located within a sewer system beneath ancient Rome and contained a large network of dungeons where prisoners were held in squalid conditions, contaminated with human waste. Forced labor on public projects was also a common form of punishment. In many cases, citizens were sentenced to slavery, often in ergastula, during the Middle Ages in Europe, castles, fortresses, and the basements of public buildings were often used as makeshift prisons. Another common punishment was sentencing people to slavery, which involved chaining prisoners together in the bottoms of ships. However, the concept of the modern prison largely remained unknown until the early 19th-century, Punishment usually consisted of physical forms of punishment, including capital punishment, mutilation, flagellation, branding, and non-physical punishments, such as public shaming rituals. However, an important innovation at the time was the Bridewell House of Corrections, located at Bridewell Palace in London and these houses held mostly petty offenders, vagrants, and the disorderly local poor. In these facilities, inmates were given jobs, and through prison labor they were taught how to work for a living, by the end of the 17th century, houses of correction were absorbed into local prison facilities under the control of the local justice of the peace. From the late 17th century and during the 18th century, popular resistance to public execution, rulers began looking for means to punish and control their subjects in a way that did not cause people to associate them with spectacles of tyrannical and sadistic violence. They developed systems of mass incarceration, often with hard labor, the prison reform movement that arose at this time was heavily influenced by two somewhat contradictory philosophies
Prison
–
Cell block in
Baghdad Central Prison (
Abu Ghraib,
Iraq)
Prison
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Criminology and
penology
Prison
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A common punishment in
Early Modern Europe was to be made a
galley slave. The galley pictured here belonged to the Mediterranean fleet of
Louis XIV, c. 1694.
Prison
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Women in England mourning their lovers who are soon to be transported to
Botany Bay, 1792.
35.
Prison reform
–
Prison reform is the attempt to improve conditions inside prisons, establish a more effective penal system, or implement alternatives to incarceration. Prisons have only used as the primary punishment for criminal acts in the last few centuries. Far more common earlier were various types of punishment, public humiliation, penal bondage. Prisons contained both felons and debtors - the latter were allowed to bring in wives and children, the jailer made his money by charging the inmates for food and drink and legal services and the whole system was ripe with corruption. One reform of the century had been the establishment of the London Bridewell as a house of correction for women and children. This was the only place any medical services were provided, during the eighteenth century, British justice used a wide variety of measures to punish crime, including fines, the pillory and whipping. Transportation to America was often offered, until 1776, as an alternative to the death penalty, when they ran out of prisons in 1776 they used old sailing vessels which came to be called hulks as places of temporary confinement. He was particularly appalled to discover prisoners who had been acquitted but were still confined because they couldnt pay the jailers fees and he proposed that each prisoner should be in a separate cell with separate sections for women felons, men felons, young offenders and debtors. The prison reform charity, the Howard League for Penal Reform and these were never built due to disagreements in the committee and pressures from wars with France and jails remained a local responsibility. But other measures passed in the few years provided magistrates with the powers to implement many of these reforms. Quakers such as Elizabeth Fry continued to publicize the dire state of prisons as did Charles Dickens in his novels David Copperfield and Little Dorrit about the Marshalsea. Samuel Romilly managed to repeal the death penalty for theft in 1806, the Society for the Improvement of Prison Discipline, founded in 1816, supported both the Panopticon for the design of prisons and the use of the treadwheel as a means of hard labor. By 1824,54 prisons had adopted this means of discipline, robert Peels Gaols Act of 1823 attempted to impose uniformity in the country but local prisons remained under the control of magistrates until the Prison Act of 1877. The American separate system attracted the attention of some reformers and led to the creation of Millbank Prison in 1816 and Pentonville prison in 1842. By now the end of transportation to Australia and the use of hulks was in sight, the main principles were separation and hard labour for serious crimes, using treadwheels and cranks. In 1877 he encouraged Disraelis government to remove all prisons from local government and he also established a tradition of secrecy which lasted till the 1970s so that even magistrates and investigators were unable to see the insides of prisons. By the 1890s the prison population was over 20,000, in 1894-5 Herbert Gladstones Committee on Prisons showed that criminal propensity peaked from the mid-teens to the mid-twenties. Cross-country walks were encouraged, and no one ran away, Prison populations remained at a low level until after the second world war when Paterson died and the movement was unable to update itself
Prison reform
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Criminology and
penology
Prison reform
–
Johnny Cash advocated prison reform at his July 1972 meeting with United States President
Richard Nixon.
36.
Prisoner
–
A prisoner, also known as an inmate or detainee, is a person who is deprived of liberty against his or her will. This can be by confinement, captivity, or by forcible restraint, the term applies particularly to those on trial or serving a prison sentence in a prison. Prisoner is a term for a person who is imprisoned. Prisoner was a term for a person prosecuted for felony. It was not applicable to a person prosecuted for misdemeanour, the abolition of the distinction between felony and misdemeanour by section 1 of the Criminal Law Act 1967 has rendered this distinction obsolete. Glanville Williams described as invidious the practice of using the term prisoner in reference to a person who had not been convicted, the earliest evidence of the existence of the prisoner dates back to 8,000 BC from prehistoric graves in Lower Egypt. This evidence suggests that people from Libya enslaved a San-like tribe, among the most extreme adverse effects suffered by prisoners, appear to be caused by solitary confinement for long durations. When held in Special Housing Units, prisoners are subject to sensory deprivation, long durations may lead to depression and changes to brain physiology. Social connection and the support provided from social interaction are prerequisite to long-term social adjustment as a prisoner, Prisoners exhibit the paradoxical effect of social withdrawal after long periods of solitary confinement. A shift takes place from a craving for social contact. They may grow lethargic and apathetic, and no longer be able to control their own conduct when released from solitary confinement and they can come to depend upon the prison structure to control and limit their conduct. Long-term stays in solitary confinement can cause prisoners to develop clinical depression and those with pre-existing mental illnesses are at a higher risk for developing psychiatric symptoms. Some common behaviours are self-mutilation, suicidal tendencies, and psychosis, a psychopathological condition identified as SHU syndrome has been observed among such prisoners. Symptoms are characterized as problems with concentration and memory, distortions of perception, most convicts suffering from SHU syndrome exhibit extreme generalized anxiety and panic disorder, with some suffering amnesia. The psychological syndrome known as Stockholm syndrome, describes a phenomenon where, over time. Competency in following the routines demanded by the code partly determined the identity as a convict. Sykes outlined some of the most salient points of this code as it applied in the period in the United States, Both federal. Prisoners in the United States do not have rights under the Constitution, however, they are protected by Amendment VIII which prohibits cruel
Prisoner
–
Criminology and
penology
Prisoner
–
Gustave Doré 's image of the exercise yard at
Newgate Prison (1872).
Prisoner
–
To Visit the Imprisoned by Flemish artist
Cornelis de Wael c. 1640
Prisoner
–
A scene in
Newgate Prison, London
37.
Prisoner abuse
–
Abuse falling into this category includes, Physical abuse, Illicit beating and hitting, unlawful corporal punishment, stress positions, excessive or prolonged physical restraining, etc. Enhanced interrogation, methods implemented in the War on Terror purportedly needed to extract information from detainees, other abuse, Refusal of essential medication, etc. The endless playing of random static with no pattern, this can cause extreme discomfort, Prisoners may be subject to taunting, heckling, profanity, and malicious lies by prison authorities. Guards and other authorities may use verbal abuse as a means of frightening or demoralizing prisoners to them more compliant. Prisoners are sometimes intentionally housed with inmates known to have raped other prisoners and these practices create a very high incidence of rape in US prisons, which was the topic of the 2001 report No Escape from Human Rights Watch. The Impact of Incarceration on Obesity, Are Prisoners with Chronic Diseases Becoming Overweight and Obese during Their Confinement
Prisoner abuse
–
Criminology and
penology
38.
Rehabilitation (penology)
–
Rehabilitation is the re-integration into society of a convicted person and the main objective of modern penal policy, to counter habitual offending, also known as criminal recidivism. This, along with a kitchen and living area “to create a sense of family” among inmates. The prison’s structure is composed of Units A, B and C with Unit A housing those in need of psychiatric or medical attention, the effectiveness of Norway’s methods is evident as they hold the lowest recidivism rate worldwide at less than 30%. The United States Code states that judges shall make imprisonment decisions recognizing that imprisonment is not an appropriate means of promoting correction and rehabilitation. Their efforts were lauded by President Obama who noted these reforms will improve rehabilitation, as established by the Council of Europe committee of ministers, «a crime policy aimed at crime prevention and the social reintegration of offenders should be pursued and developed». A prospect of release is necessary, because human dignity requires that there must be a chance for a prisoner to atone for his offence, the freedom of the individual is inviolable. These rights may only be encroached upon pursuant to a law», per the Italian constitution, «Punishment cannot consist in treatment contrary to human dignity and must aim at rehabilitating the condemned». Criminal recidivism is highly correlated with psychopathy, the psychopath is defined by an uninhibited gratification in criminal, sexual, or aggressive impulses and the inability to learn from past mistakes. Individuals with this disorder gain satisfaction through their behavior and lack remorse for their actions. Findings indicate psychopathic prisoners have a 2.5 time higher probability of being released from jail than undiagnosed ones and it has been shown that punishment and behavior modification techniques do not improve the behavior of a psychopath. Psychopathic individuals have been observed to become more cunning and better able to hide their behaviour. It has been suggested by them that traditional therapeutic approaches actually make psychopaths if not worse, then far more adept at manipulating others and they are generally considered to be not only incurable but also untreatable. Psychopaths also have a distorted sense of the potential consequences of their actions, not only for others. They do not, for example, deeply recognize the risk of being caught, disbelieved or injured as a result of their behaviour
Rehabilitation (penology)
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Criminology and
penology
39.
Recidivism
–
Recidivism is the act of a person repeating an undesirable behavior after they had either experienced negative consequences of that behavior, or had been trained to extinguish that behavior. It is also used to refer to the percentage of prisoners who are rearrested for a similar offense. The term is used in conjunction with criminal behavior and substance abuse. To be counted as recidivism, the re-offending requires voluntary disclosure of arrest and conviction, as another example, alcoholic recidivism might refer to the proportion of people who, after successful treatment, report having, or are determined to have, returned to the abuse of alcohol. The effect of incarceration on former prisoners has been a common topic of discussion for many years. In most cases, it is believed that prisoners will find themselves right back where they started. According to an April 2011 report by the Pew Center on the States, in recent history, the rate of incarceration in the U. S. has increased dramatically, resulting in prisons being filled to capacity with bad conditions and environments for inmates. In many prisons, crime continues inside the prison walls, gangs exist and flourish on the inside, often with many key tactical decisions being made by leaders who are in jail. This is a significant issue because ninety-five percent of prisoners will be released back into the community at some point. According to a study published in 2003 by The Urban Institute. The study says this happens due to personal and situation characteristics, including the social environment of peers, family, community. One of the reasons why they find themselves back in jail is because it is difficult for the individual to fit back in with ‘normal’ life. They have to reestablish ties with their family, return to places and secure formal identification, they often have a poor work history. Many prisoners report being anxious about their release, they are excited about how their life will be different “this time” which does not always end up being the case, more broadly, however, recidivism affects everyone. Crime is a problem in community and anyone can be a victim. Victimization can take many forms—from being directly injured in a violent crime, to being robbed, furthermore, all taxpayers are greatly impacted by the economic costs of crime. It is estimated that three quarters of those returning from prison have a history of substance abuse, over 70 percent of prisoners with serious mental illnesses also have a substance use disorder. Furthermore, inmates who receive aftercare have a greater chance of not recidivating
Recidivism
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Criminology and
penology
Recidivism
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Recidivism rates in the U.S.
40.
Justice
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Justice is the legal or philosophical theory by which fairness is administered. The concept of justice differs in every culture, an early theory of justice was set out by the Ancient Greek philosopher Plato in his work The Republic. Advocates of divine command theory argue that justice issues from God, in the 17th century, theorists like John Locke argued for the theory of natural law. Thinkers in the social contract tradition argued that justice is derived from the agreement of everyone concerned. In the 19th century, utilitarian thinkers including John Stuart Mill argued that justice is what has the best consequences, Theories of distributive justice concern what is distributed, between whom they are to be distributed, and what is the proper distribution. Egalitarians argued that justice can only exist within the coordinates of equality, John Rawls used a social contract argument to show that justice, and especially distributive justice, is a form of fairness. Property rights theorists take a view of distributive justice and argue that property rights-based justice maximizes the overall wealth of an economic system. Theories of retributive justice are concerned with punishment for wrongdoing, restorative justice is an approach to justice that focuses on restoring what is good, and necessarily focuses on the needs of victims and offenders. Understandings of justice differ in culture, as cultures are usually dependent upon a shared history. Each cultures ethics create values which influence the notion of justice, although there can be found some justice principles that are one and the same in all or most of the cultures, these are insufficient to create a unitary justice apprehension. In his dialogue Republic, Plato uses Socrates to argue for justice that covers both the just person and the just City State, Justice is a proper, harmonious relationship between the warring parts of the person or city. Hence, Platos definition of justice is that justice is the having and doing of what is ones own, a just man is a man in just the right place, doing his best and giving the precise equivalent of what he has received. This applies both at the level and at the universal level. A persons soul has three parts – reason, spirit and desire, similarly, a city has three parts – Socrates uses the parable of the chariot to illustrate his point, a chariot works as a whole because the two horses power is directed by the charioteer. Lovers of wisdom – philosophers, in one sense of the term – should rule because only they understand what is good, if one is ill, one goes to a medic rather than a farmer, because the medic is expert in the subject of health. Similarly, one should trust ones city to an expert in the subject of the good, not to a politician who tries to gain power by giving people what they want. For Socrates, the way the ship will reach its destination – the good – is if the navigator takes charge. Advocates of divine command theory argue that justice, and indeed the whole of morality, is the command of God
Justice
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Lady Justice, a symbol of justice. She is depicted as a
goddess equipped with three items: a sword, symbolising the coercive power of a
court;
scales, representing an objective standard by which competing claims are weighed; and a blindfold indicating that justice should be impartial and meted out objectively, without fear or favor and regardless of money, wealth, power or identity.
Justice
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Justice by
Luca Giordano.
Justice
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Allegory or The Triumph of Justice by
Hans von Aachen.
Justice
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J. L. Urban, statue of
Lady Justice at court building in
Olomouc,
Czech Republic.
41.
Participatory justice
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Participatory justice is the use of alternative dispute resolution, such as mediation, conciliation, and arbitration, in criminal justice systems, instead of, or before, going to court. It is sometimes called community dispute resolution, in rare cases, it also refers to the use of The Internet or a television reality show to catch a perpetrator. Once used primarily in Scandinavia, Asia, and Africa, participatory justice has been exported to the United States and it is used in a variety of cases, including between Landlords and Tenants, Neighbours, Parents and Children, Families and Schools, Consumers and Merchants. It has been called the seal of a democratic society by Jesuit Friedhelm Hengsbach. It is about People and Relationships, some advantages of participatory justice are, It marks a society as ethical. It can be used to right wrongs and it is an alternative to plea bargaining or dispositional justice. It can preserve good relations, particularly if the dispute involves neighbours or business contacts and it is confidential, unlike court proceeedings. It applies civil law rather than criminal law and it is useful where societies that lack a strong central power, where the State is a weak one, or where the State representatives are far away, people are forced not to apply force. NGOs may get involved in the administration of criminal justice and it costs less than civil litigation. Some disadvantages of participatory justice are, The motive is often humiliation of a party and it is used by people who are not trained in the collection of evidence. There are no checks and balances for vigilantes, the offenders motivation is difficult to assess if the alternative is more formal punishment. The victim does not know the history of the offender and therefore may be engaged in the process without full facts. Citizens jury Community x-change Internet 2
Participatory justice
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Criminology and
penology
42.
Restorative justice
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This contrasts to more punitive approaches where the main aim is retributive justice or to satisfy abstract legal principles. Victims take a role in the process. Meanwhile, offenders take meaningful responsibility for their actions, taking the opportunity to right their wrongs and redeem themselves, in their own eyes, in addition, the restorative justice approach aims to help the offender to avoid future offenses. The approach is based on a theory of justice that considers crime and wrongdoing to be an offense against an individual or community, Restorative justice that fosters dialogue between victim and offender has shown the highest rates of victim satisfaction and offender accountability. With crime, restorative justice is about the idea that because crime hurts and it follows that conversations with those who have been hurt and with those who have inflicted the harm must be central to the process. In a restorative justice process, the citizens who have been affected by a crime must take a role in addressing that crime. The process of restorative justice thus shifts the responsibility for addressing crime, Restorative justice seeks to build partnerships to reestablish mutual responsibility for constructive responses to wrongdoing within our communities. Restorative approaches seek a balanced approach to the needs of the victim, wrongdoer, according to Howard Zehr, restorative justice differs from traditional criminal justice in terms of the guiding questions it asks. In restorative justice, the questions are, Who has been hurt, who has a stake in the situation. What is the process to involve stakeholders in an effort to address causes. In contrast, traditional criminal justice asks, What laws have been broken, Restorative justice is also different from the adversarial legal process or that of civil litigation. As Braithwaite writes, Court-annexed ADR and restorative justice could not be further apart. Restorative approaches to crime date back thousands of years, in Sumer, the Code of Ur-Nammu required restitution for violent offenses. In Babylon, the Code of Hammurabi prescribed restitution for property offenses, in Israel, the Pentateuch specified restitution for property crimes. See for example Exodus 22, 1-14, in Rome, the Twelve Tables compelled convicted thieves to pay double the value of stolen goods. In Ireland, under the Brehon Laws compensation was the mode of justice for most crimes, in Gaul, tribal laws promulgated by King Clovis I called for restitutive sanctions for both violent and nonviolent offenses. In England, the Laws of Æthelberht of Kent included detailed restitution schedules, following the Norman invasion of Britain in 1066 A. D. Retributive justice began to replace such systems. William the Conquerors son, Henry I, detailed offenses against the kings peace, by the end of the 11th century, crime was no longer perceived as injurious to persons, but rather was seen as an offense against the state
Restorative justice
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Criminology and
penology
Restorative justice
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Dominic Barter in Lyon (France) during a Restorative Circles session.
43.
Retributive justice
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Retributivists hold that when an offender breaks the law, justice requires that the criminal suffer in return. De Legibus,106 BC, see also Ronen Perry, The concept is common to most cultures throughout the world and is evident in ancient texts. That phrasing in turn resembles the older Code of Hammurabi, many other documents reflect this value in the worlds cultures. However, the judgment of whether a punishment is appropriately severe can vary greatly between cultures and individuals, proportionality requires that the level of punishment be scaled relative to the severity of the offending behaviour. An accurate reading of the phrase an eye for an eye in Exodus and Leviticus is said to be, only one eye for one eye. However, this does not mean that the punishment has to be equivalent to the crime, a retributive system must punish severe crime more harshly than minor crime, but retributivists differ about how harsh or soft the system should be overall. Traditionally, philosophers of punishment have contrasted retributivism with utilitarianism, for utilitarians, punishment is forward-looking, justified by a purported ability to achieve future social benefits, such as crime reduction. For retributionists, punishment is backward-looking, justified by the crime that has committed and carried out to atone for the damage already done. Depending on the retributivist, the level of severity might be determined by the amount of harm. Hence the prominence of the lex talionis in ancient law, the Bible is no exception, in its oldest form it too included the lex talionis, the law of measure for measure. Kant regards punishment as a matter of justice, and it must be carried out by the state for the sake of the law and he argues that if the guilty are not punished, justice is not done. Further, if justice is not done, then the idea of law itself is undermined and it is intrinsically morally good—good without reference to any other goods that might arise—if some legitimate punisher gives the punishment they deserve. It is morally impermissible intentionally to punish the innocent or to inflict disproportionately large punishments on wrongdoers, there are two distinct types of retributive justice. The classical definition embraces the idea that the amount of punishment must be proportionate to the amount of harm caused by the offence. Many more jurisdictions following the philosophy, especially in the United States, follow a set tariff. As a result, some argue that judges do not have discretion to allow for mitigating factors. In some countries such as several in the EU, fines are fixed as percentages of the personal income rather than a certain monetary amount. That allows for the law to remain fair, in that it applies to all citizens equally, modern alternatives to retributive measures include psychiatric imprisonment, restorative justice, and transformative justice
Retributive justice
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Criminology and
penology
44.
Chicago school (sociology)
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While involving scholars at several Chicago area universities, the term is often used interchangeably to refer to the University of Chicagos sociology department. Following World War II, a Second Chicago School arose whose members used symbolic interactionism combined with methods of field research, Thomas, Frederic Thrasher, Louis Wirth, Florian Znaniecki. Activist, social scientist and Nobel Peace Prize winner Jane Addams also forged and maintained ties with some of the members of the Chicago School of Sociology. The Chicago School is best known for its urban sociology and for the development of the symbolic interactionist approach and it has focused on human behavior as shaped by social structures and physical environmental factors, rather than genetic and personal characteristics. Biologists and anthropologists had accepted the theory of evolution as demonstrating that animals adapt to their environments, originally, Chicago was a clean slate, an empty physical environment. By 1860, Chicago was a town with a population of 10,000. There was great growth after the fire of 1871, by 1910, the population exceeded two million. The rapidity of the increase was due to an influx of immigrants and it produced homelessness, poor housing conditions, and bad working conditions based on low wages and long hours. But equally, Thomas and Znaniecki stress that the freedom of immigrants released from the controls of Europe to the unrestrained competition of the new city was a dynamic for growth. See also the broken windows thesis, for Thomas, the groups themselves had to reinscribe and reconstruct themselves to prosper. Burgess studied the history of development and concluded that the city had not grown at the edges. e, zone maps which demonstrated that the major problems were clustered in the city center. Thomas also developed techniques of self-reporting life histories to provide balance to the analysis. Park, Burgess, and McKenzie are credited with institutionalizing, if not establishing and they are also criticized for their overly empiricist and idealized approach to the study of society but, in the inter-war years, their attitudes and prejudices were normative. Three broad themes characterized this period of Chicago studies, culture contact and conflict. This arises from Thomas and Znaniecki and studies how ethnic groups interact and compete in a process of community succession, an important part of this work concerned African Americans, the work of E. Franklin Frazier and Drake and Cayton shaped white Americas perception of black communities for decades. Succession in community institutions as stakeholders and actors in the ebb, Cressey studied the dance hall and commercialized entertainment services, Kincheloe studied church succession, Janowitz studied the community press, and Hughes studied the real-estate board. Merriams commitment to reform politics was matched by Gosnell who researched voting. Gosnell, Wilson, Grimshaw considered African American politics, and Banfield, in identified communities and/or neighborhoods, or in society at large, and social relationships that traditionally encourage co-operation between people
Chicago school (sociology)
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Sociology
45.
Classical school (criminology)
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In criminology, the Classical School usually refers to the 18th-century work during the Enlightenment by the utilitarian and social-contract philosophers Jeremy Bentham and Cesare Beccaria. Their interests lay in the system of justice and penology and indirectly, through the proposition that man is a calculating animal. The system of law, its mechanisms of enforcement and the forms of punishment used in the 18th century were primitive, judges were not professionally trained so many of their decisions were unsatisfactory being the product of incompetence, capriciousness, corruption or political manipulation. The use of torture to extract confessions and a range of cruel punishments such as whipping, mutilation. John Locke considered the mechanism that had allowed monarchies to become the form of government. In Leviathan, Thomas Hobbes wrote, the right of all sovereigns is derived from the consent of every one of those who are to be governed. This is a shift from authoritarianism to a model of European and North American democracy where police powers. In 1764, he published Dei Delitti e Delle Pene arguing for the need to reform the justice system by referring not to the harm caused to the victim. In this, he posited that the greatest deterrent was the certainty of detection, the swift and certain the punishment. It would also allow a less serious punishment to be effective if shame, thus, the prevention of crime was achieved through a proportional system that was clear and simple to understand, and if the entire nation united in their own defense. His approach influenced the movement which set sentencing tariffs to ensure equality of treatment among offenders. Later, it was acknowledged that not all offenders are alike, thus, punishment works at two levels. Because it punishes individuals, it operates as a deterrence to those convicted not to reoffend. But the publicity surrounding the trial and the judgment of society represented by the decision of a jury of peers, offers an example to the public of the consequences of committing a crime. If they are afraid of similarly swift justice, they will not offend, for example, if rape and homicide were both punished by death, then a rapist would be more likely to kill the victim to reduce the risk of arrest. Bentham posited that man is an animal who will weigh potential gains against the pain likely to be imposed. If the pain outweighs the gains, he will be deterred, therefore, in a rational system, the punishment system must be graduated so that the punishment more closely matches the crime. Punishment is not retribution or revenge because that is morally deficient and these spiritual powers gained strength during the Middle Ages as they bonded with the feudal powers to create the criminal justice system
Classical school (criminology)
–
Criminology and
penology
46.
Conflict criminology
–
Members of marginalised and oppressed groups may sometimes turn to crime in order to gain the material wealth that apparently brings equality in capitalist societies, or simply in order to survive. Conflict criminology derives its name from the fact that theorists within the area believe that there is no consensual social contract between state and citizen, Conflict theory assumes that every society is subjected to a process of continuous change and that this process creates social conflicts. Hence, social change and social conflict are ubiquitous, individuals and social classes, each with distinctive interests, represent the constituent elements of a society. As such, they are individually and collectively participants in this process, indeed, the lack of common ground is likely to bring them into conflict with each other. From time to time, each elements contribution may be positive or negative, constructive or destructive, to that extent, therefore, the progress made by each society as a whole is limited by the acts and omissions of some of its members by others. This limitation may promote a struggle for progress but, if the less progressive group has access to the coercive power of law, it may entrench inequality. In turn, this inequality will become a significant source of conflict, the theory identifies the state and the law as instruments of oppression used by the ruling class for their own benefit. There are various strands of conflict theory, with many heavily critiquing the others, furthermore, some highly capitalist states such as Switzerland have very low crime rates, thus making structural theory seem improbable. Instrumental Marxism partly holds to the above, but claims that capitalism in itself cannot be blamed for all crimes. A seminal book on the subject, The New Criminology, by Taylor, Walton, sellin was a sociologist at the University of Pennsylvania and one of the pioneers of scientific criminology. His method involved a comprehensive view of the subject, incorporating historical, sociological, psychological and he applied both Marxism and Conflict Theory to an examination of the cultural diversity of modern industrial society. In a homogenous society, norms or codes of behaviour will emerge, but where separate cultures diverge from the mainstream, those minority groups will establish their own norms. Socialization will therefore be to the subgroup and to the mainstream norms, when laws are enacted, they will represent the norms, values and interests of the dominant cultural or ethnic group which may produce border culture conflict. When the two cultures interact and one seeks to extend its influence into the other, each side is likely to react protectively, if the balance of power is relatively equal, an accommodation will usually be reached. But if the distribution of power is unequal, the behaviour of the minority group may be defined as deviant. The more diversified and heterogeneous a society becomes, the greater the probability of frequent conflict as subgroups who live by their own rules break the rules of other groups. Vold suggests, in Theoretical Criminology, approaching an understanding of the nature of crime as a product of the conflict between groups within the same culture. Humans are naturally social beings, forming out of shared interests
Conflict criminology
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Criminology and
penology
47.
Environmental criminology
–
Environmental criminology focuses on criminal patterns within particular built environments and analyzes the impacts of these external variables on peoples cognitive behavior. It forms a part of criminologys Positivist School in that it applies the method to examine the society that causes crime. These include space, time, law, offender, and target or victim and these five components are a necessary and sufficient condition, for without one, the other four, even together, will not constitute a criminal incident. Despite the obvious multi-faceted nature of crime, scholars and practitioners often attempt to study them separately, Environmental criminologists examine the place and the time when the crime happened. They are interested in land usage, traffic patterns and street design, Environmental criminologists often use maps to look for crime patterns, for example, using metric topology. The study of the patterns of crime and criminality has a long history. In the Chicago School, Robert Ezra Park, Ernest Burgess, and other urban sociologists developed the concentric zones model, geography was also considered in law enforcement, through use of large pin maps to show where crime incidents occurred. CPTED measures to reduce the likelihood can include added lighting, making the place less conducive for crime, concentrated areas of high level of crime, known as crime hot spots, may have situational factors that help explain why the particular place is a problem. Could be that the place is poorly supervised, has poor place management, has poor lighting or other characteristics, changing some of those situational factors may help reduce levels of crime in that place. Bartol, Curt R. & Anne M. Bartol, current Perspectives in Forensic Psychology And Criminal Justice. Brantingham, P. J. & Brantingham, P. L. Environmental Criminology, verma, Arvind & Lodha, S. K. A Typological Representation of the Criminal Event, Environmental justice Environmental law Green criminology List of environmental lawsuits Mobility triangles
Environmental criminology
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Criminology and
penology
48.
Feminist school of criminology
–
Proponents assert that the patriarchal domination of the field of criminology has led to the field being inherently biased and androcentric. This, they argue, leads mainstream criminology to either generalise or ignore criminological inquiry relevant to women in an effort to support the male dominated status quo. The feminist school of criminology was closely associated with the emergence of the Second Wave Feminism, the feminist school emphasises that most violent crime is caused by aggressive forms of masculinity and that crime is a result of inequalities within society. Politically, there is a range from Marxist and socialist to liberal feminism addressing the gender problem or the generalisability problem. This sexism in criminology also influences the sentencing, punishment, and imprisonment of women who are not expected to be criminals and, if they are, they may be described as mad, not bad. The attribution of madness to women flows from the entirely outdated construct that women who conform are pure, obedient daughters, wives, and mothers who benefit society and men. Feminism operates within the social structures to examine the social, political. These roles are a form of social control maintained through informal and formal mechanisms. Heidensohn suggests a male-biased control theory, a place is in the home. In any event, women are afraid to go out of the home after dark because they fear aggressive male behaviour. At work, men have a supervisory or managerial role which makes it difficult for women to commit major crimes. Naffine argues that women have been defined as different from men and, hence, inferior, feminists waves may have brought greater liberation to women, but have not changed their pattern of crime. Women are still less likely to commit crime, this includes both blue and white collar crime. Feminist criminology is conflict based calling for the downgrading of many dominant crime theories, feminists now call for the inclusion of women into criminological teaching, research, theory and publications. Most criminological texts and discussions almost forgot about women as they were afforded little attention as they were grouped with juvenile delinquents and the mentally insane. Smart continues by arguing that the study of criminology was always in reference to men, in reference to a males rationality, motivation, alienation, the disqualification of women from the criminological field was evident in criminological texts as it was assumed the man could speak for her. In criminology, just as in society, man was the centre of the universe, gathering data and are either quantitative or qualitative. It has been argued that qualitative methods are appropriate for feminist research by allowing subjective knowledge
Feminist school of criminology
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Criminology and
penology
49.
Integrative criminology
–
Integrative criminology reacts against single theory or methodology approaches, and adopts an interdisciplinary paradigm for the study of criminology and penology. It informed the work of Merton, Sutherland, and Cohen. The conceptual difficulty is to retain the utility of the substance while considering form, the rule should be not to integrate unless there is a measurable benefit. Systems theory believes that isomorphism can be identified in all disciplines, but there is a danger of reductionism or of creating mere abstraction in a metatheory where concepts are simply grouped within concepts. This is also assuming that all theories are correct, partly wrong. Theories of crime and punishment have become increasingly diverse as the phenomenon of diversity has been studied by the medical, psychological, behavioural, social, economic, according to this view, language is neither a reflection of the world or of the mind. It is, instead, a historical practice where the meaning of words are not taken from things or intentions. But such methodological proposals have met with little approval, the methodology of integration may be, Structural. This links existing theories, or at least their main components and this may involve reconceiving the causal variables or theorising that, under certain conditions, the causal processes of one theory interlock with those of other theories. Braithwaite suggests that side-by-side integration provides a more internally consistent sequencing of theoretical ingredients as later outcomes are shown to be conditional on earlier outcomes and this brings pre-existing theories together and demonstrates that they are achieving comparable results, only at different levels of analysis. The intention is to blend the elements into new theories and this allows different theories to be united into large conceptual frameworks without considering the interactive relationships and conditional effects that these theories may have on each other. Modernist integrative theories vary in their scope, some focus on particular types of behaviour or offenders in social process-micro modelling, e. g. Other integrationists develop social structure-macro models, e. g and it also argues that individuals control ratios or that the control balancing process is subject to a host of internal and external contingencies that can vary over time. Cohen, Albert K. Delinquent Boys, The Culture of the Gang, messner, Steven, Krone, Marvin & Liska, Allen. Theoretical Integration in the Study of Deviance and Crime, Problems, messerschmidt, James W. Crime as Structured Action, Gender, Race, Class and Crime in the Making. Control Balance, Toward a General Theory of Deviance, & Herrnstein, Richard J. Crime and Human Nature
Integrative criminology
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Criminology and
penology
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