Transcript frailing harper 2e Sample Slides..

FCND2 Part I: Introduction
(Chapters 1 and 2)
Chapter 1: Introduction
Copyright © 2015 Carolina Academic Press. All rights reserved.
What is Crime?
 Tappan’s (1960) definition: “an intentional act or
omission in violation of criminal law (statutory and
case law), committed without defense or
justification, and sanctioned by the state as a
felony or misdemeanor”
 What constitutes a crime varies by time and place
 Drinking age in the UK versus the US and drinking age in the
US over time
 The prescribed sanctions (punishments) for crime
vary widely
 The death penalty is used in 36 states and at the federal
level and in those 36 states, which crimes can get the death
penalty vary
Copyright © 2015 Carolina Academic Press. All rights reserved.
Types of Crime
 Four ways to classify crime by type
1. Mala in se versus mala prohibita crimes
 Mala in se crimes are inherently bad
 These are the worst of the worst crimes (murder, rape,
robbery, theft) and are universally condemned as wrong and
deserving of punishment
 Mala prohibita crimes are bad because they have
been designated as such
 Examples include drug use and prostitution and are illegal in
certain places and during certain times
 Whether these actions are considered wrong and deserving
of punishment depends on whether they have been called
crimes
Copyright © 2015 Carolina Academic Press. All rights reserved.
Types of Crime
 Four ways to classify crime by type (cont.)
 2. Felonies versus misdemeanors
 This allows us to categorize crimes by their seriousness
 Felonies are considered more serious and this is
reflected in the prescribed punishment
 In LA, the punishment for a felony includes death or
imprisonment at hard labor
 Felonies also carry longer sentences than misdemeanors
 A sentence of one year or more of incarceration is reserved for
felonies
Copyright © 2015 Carolina Academic Press. All rights reserved.
Types of Crime
 Four ways to classify crimes by type (cont.)
 3. Violent versus nonviolent
 Violent crimes involve the actual, attempted or
threatened use of force against a person; the use of a
weapon may be involved
 Examples include murder, rape, robbery
 Nonviolent crimes do not involve the use of force
against a person and can include both property and
public order crimes
 Examples include burglary, prostitution and drug use
 Even though these crimes are not violent, they can be classified
as felonies and can carry long prison sentences
Copyright © 2015 Carolina Academic Press. All rights reserved.
Types of Crime
 Four ways to classify crime by type (cont.)
 4. Personal versus property crimes
 Personal crimes include murder, rape, robbery, assault and
domestic violence
 Property crimes involve the theft or destruction of property
 Personal crimes are considered more serious than property
crimes
 But property crimes can result in prison time
 Some crimes are both personal and property crimes
 E.g., armed robbery
Copyright © 2015 Carolina Academic Press. All rights reserved.
What Is Criminal Law?
 A formal criminal law comes into existence when
society has an interest in proscribing or
prescribing and punishing certain acts
 Our modern laws have a direct connection to the Law
of the Twelve Tables from Rome in 450 B.C.
 When we think about the creation of laws, we
should think about who creates them and why
 Chambliss (1974): those with special interests and
political power may pass laws that support their interests
and punish the activities of those in opposition
Copyright © 2015 Carolina Academic Press. All rights reserved.
Changing Times, Changing Laws?
 Laws often remain on the books long after their
relevance has passed
 Examples of sodomy, treason, misprision of treason and
criminal anarchy in Louisiana
 Why is this so?
 Legislators rarely vote to remove laws from the books
for fear of being labeled soft on crime
 When new laws are passed, there is an increase in
the number of activities that are considered
criminal
Copyright © 2015 Carolina Academic Press. All rights reserved.
What is Criminology?
 Criminology is the scientific study of crime
 Criminologists focus on:
 What causes crime
 How and why crime rates change
 Why some people and groups engage in crime more than
others
 Why some activities are criminalized and others are not
 How to prevent crime
 Criminologists use the scientific method to study their
areas of interest
 Criminology has advanced to include experimental as well as
observational studies
Copyright © 2015 Carolina Academic Press. All rights reserved.
The Emergence of
Classical Criminology (1700s)
 Cesare Beccaria is the father of classical criminology
 Wrote On Crimes and Punishments in 1764 that was
concerned with crime and how to control it
 Believed that humans are rational and acted in their own
self-interest, choosing actions that would maximize
pleasure and minimize pain
 Five most influential principles that form the classical school:
 Punishment should be a deterrent, not a retribution
 Punishment should be proportionate to the crime committed
 Certainty and swiftness of punishment, not severity will
achieve the greatest deterrent effect
 Criminal procedures should be public
 Punishment by death has no utility and the state has no right to
kill
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