Crim 2
Crim 2
CRIME
1. Legal definition Crime:
it is defined as the act or omission in violation of public law forbidding or commanding its performance
CRIMINAL
On the basis of the definition of crime, a criminal may be defined in three ways:
1. Legal definition
A criminal is a person who has committed a crime and has been convicted of final judgment by a competent court.
2. Sociological Definition
A criminal is a person who violated a social norm or one who acted an anti-social act.
3. Psychological definition
A criminal is one who violated rules of conduct due to behavioral maladjustment.
Utilitarianism. The doctrine that the purpose of all actions should bring about the greatest happiness for the greatest number of people. It means
that human beings are hedonistic (pleasure seeking) and act only in their own self-interest.
Felicitous calculus, or moral calculus. Used for estimating the probability that a person will engage in a particular kind of behavior. People weigh
the possibility that a particular behavior pattern or action will cause current or future pleasure against the possibility that it will cause current or
future pain.
Deterrence theory. Highlights that an individual’s choice to commit or not to commit a crime is influenced by the fear of punishment. it also includes
the idea that forced retribution for a crime should reduce crime rates. This theory is considered an extension of the classical approach focusing on
the link between punishment and behavior at both individual and group levels.
• Deterrence. The act of preventing a criminal act before it occurs, through the threat of punishment and sanctions.
• Retribution. The notion that a wrongdoer should be forced to pay back or compensate for his or her criminal actions.
Positivist Theory.
• Positivism emphasizes the techniques of observation, the comparative method, and experimentation in the development of knowledge
concerning human behavior and the nature of society.
• It is also stressed the idea that much of our behavior is a function of external forces such as our mental capabilities and biological makeup.
• This theory further argued that human behavior is pre-disposed and fully determined by individual differences and biological traits meaning
it is not freewill that drives people to commit crimes.
Atavism. Is from the latin word atavus means ancestor, claimed a return to a primitive or subhuman type of man, characterized physically by a
variety of inferior morphological features reminiscent of apes and lower primates, occurring in the more simian fossil men and to some extent,
preserved in modern “savages”.
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• Habitual criminal. the criminal by acquired habit, who is mostly a product of the social environment in which, due to abandonment by
his family, lack of education, poverty, bad companions, already in his childhood begins as an occasional offender.
Four types of Criminals on the Basis of Moral Deficits (Proponent Raffaele Garofalo).
• Murderer. The man in whom altruism is wholly lacking and whose sentiments of both pity and probity are absent, and such a criminal
will steal or kill as the occasion arises.
• Lascivious criminal. a group of sexual offenders whose conduct is characterized less by the absence of the sentiment of pity than by a
low level of moral energy and deficient moral perception.
• Violent Criminal. Those characterized by the lack of pity (may also commit crimes of passion, sometimes under the influence of alcohol;
such crimes are indicative of inferior innate moral capacities; certain environments contribute to crimes against property).
• Thief. Those thieves who lacks probity (such offenses are committed by a small minority of the population).
BIOLOGICAL THEORIES
Biological theories of crime asserted a linkage between certain biological conditions and an increased tendency to engage in criminal
behavior.
Crime is said to be more likely in communities that are economically deprived, large in size, high in multiunit housing like apartments, high in
residential mobility (people frequently move into and out of the community), and high in family disruption (high rates of divorce, single-parent
families).
BIOSOCIAL THEORY
• Viewed that both thought and behavior have biological and social bases.
• Biosocial theorist believe that it is the interaction between predisposition and environment that produces criminality.
• Personal Characteristics (Biochemical makeup, Genetic Code, Neurological Condition).
• Social Environment Influences Behavior (Parents, peers, schools and neighborhood).
Traits + Environment = Human behavior: Conformity or Crime.
EVOLUTIONARY THEORY
• Behavior patterns are inherited, impulsive behavior becomes intergenerational, passed down from parents to children.
• Some of these traits make people aggressive and predisposed to commit crime.
AROUSAL THEORY
CORE CONCEPT: This theory states that an individual's level of arousal works in conjunction with the social environment. Those with low levels of
arousal are less likely to learn appropriate ways to deal with aggression and violence and thus are more prone to commit crime.
SOMATOTYPING THEORY
A theory which associates body physique to behavior and criminality.
ERNST KRETSCHMER
• Asthenic- These people have a thin-shouldered body, are tall, with a narrow chest, elongated face and nose and domed skull.
They have an introverted personality, with adaptation difficulties. They are sentimental, speculative individuals with an interest in
art.
• Athletic- Have a strong body both in the musculature and in the bones. They are more energetic and aggressive. Due to their
robustness, they are strong, determined, adventurous and stand out for being quite passionate and sentimental, but also brute. They
are impulsive and prone to epilepsy.
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• Pyknic- These are people, who are short in size but very robust, have a rounded body, with voluminous and greasy viscera. They
can be bald, with little muscular development. They are intelligent people, with a cheerful and jovial character. They present
oscillations in their mood, as they can go from being very excited and happy to sad and down. They are inconsistent in their activities,
and can be both optimistic and pessimistic. These people are more prone to bipolar disorder.
• Dysplastic- These individuals have a disproportionate body and do not fall into any of the previous categories. At a
psychological level, these subjects do not have a defined character, but within this group it is possible to find people with a weak or
schizoid character.
WILLIAM SHELDON
• Ectomorph, characterized by a thin, wiry frame.
• Endomorph, heavy and rounded.
• Mesomorph, with a solid, muscular frame.
PHYSIOGNOMY
PROPONENT: Giambattista della Porta – Founded the school of physiognomy.
Core Concept: Physiognomy deals with the study of facial features and their relation to human behavior. “a thief had large lips and
sharp vision”
PHRENOLOGY
• also referred to as crainology, is a theory of human behavior based upon the belief that an individual's character and mental faculties
correlate with the shape of their head.
Punishing known criminals so severely that they will never be tempted to repeat their offenses. If crime is rational, then painful punishment
should reduce its future allure.
INCAPACITATION THEORY
▪ Stands to reason that if more criminals are sent to prison or keeping known offender out of circulation the crime rate should go down.
▪ This theory supported the idea of imprisoning the criminals.
PSYCHOLOGICAL THEORIES
Expressed the criminal behavior, was the product of "unconscious" forces operating within a person's mind.
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▪ Id- dictates the needs and desires (it operates under pleasure principle)
▪ Superego - counteracts the id by fostering feelings of morality (morality principle).
It is divided into two (2) parts: conscience (wrong) and ego idea (right).
▪ Ego - evaluates the reality of a position of these two extremes (reality principl
BEHAVIORAL THEORY
PROPONENT: John B. Watson; Burrhus Frederic Skinner
CORE CONCEPT
▪ People alter their behavior according to the reactions it receives from others. Behavior is supported by rewards and extinguished by negative
reactions or punishments.
▪ Behavioral theory is quite complex with many different subareas. With respect to criminal activity, the behaviorist views crimes, especially
violent acts, as learned responses to life situations that do not necessarily represent psychologically abnormal responses.
COGNITIVE THEORY
▪ Studies the perception of reality and the mental process required to understand the world we live.
▪ It focuses on mental processes- the way people perceive and mentally represents the world around them.
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▪ SOCIAL HOMOGAMY- where convicted people tend to choose each other as mates because of physical and social proximity.
▪ PHENOTYPIC ASSORTMENT- where people examine each other's personality and behavior and choose partners who are similar to
themselves.
INTEGRATED THEORY
PROPONENT: James Q. Wilson and Richard Julius Herrnstein
CORE CONCEPT
• Genes and environment are factors for some individuals to form the kind of personality that is likely to commit crimes.
• They stated that the factors that could push the individuals to commit crimes are intelligent quotient (IQ), body build, gene tic makeup,
impulsiveness, ability to delay gratification, aggressiveness, and even those with mothers who drink and smoke while pregnant.
• Lastly, they also argued that if reward (such as money) is greater than the expected punishment (small fine), there is an increased likelihood
that a crime will be committed.
MATERNAL DEPRIVATION THEORY AND ATTACHMENT THEORY PROPONENT: JOHN BOWLBY CORE CONCEPT
• Bowlby emphasized that the most important phenomenon to social development takes place after the birth of any mammal and that is the
construction of an emotional bond between the infant and his mother.
• When a child is separated from the mother or is rejected by her, anxious attachment results. Anxious attachment affects the capacity to
be affectionate and to develop intimate relationships with others. Habitual criminals, it is claimed, typically have an inability to form bonds
of affection
SOCIOLOGICAL THEORY
SOCIAL STRUCTURE THEORY-suggest that social and economic forces operating in deteriorated lower-class areas push many of their residents
into criminal behavior pattens.
Three branches:
▪ Social Disorganization Theory
▪ Strain Theory
▪ Cultural Deviance Theory
SOCIAL PROCESS THEORY - which hold that criminality is a function of individual socialization.
Three branches:
▪ Social Learning Theory
▪ Social Control Theory
▪ Social Reaction Theory
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ANOMIE THEORY
PROPONENT: David Emile Durkheim
CORE CONCEPT
• "anomie", which derived from the Greek a nomos which means without norms.
• Durkheim maintains that crimes are not only normal for society but are necessary. Without crime there could be no evolution in law.
• An anomic society is one in which rules of behavior (norms) have broken down or become inoperative during periods of rapid social change
or social crisis such as war or famine.
• Anomie most likely occurs in societies that are moving forward from mechanical solidarity to organic solidarity.
▪ Mechanical solidarity is defined as a characteristic from pre-industrial society, which is held together by traditions, shared
values, and unquestioned beliefs.
▪ Organic solidarity refers to the post-industrial system of society in which the place is highly developed and dependent upon the
division of labor and people are connected by their interdependent needs for each other's services and production.
STRAIN THEORY
PROPONENT: Robert K. Merton
CORE CONCEPT
“Goal-meanblockage”
• Crime is a function of the conflict between the goals people have and the means they can use to legally obtain that goals. Consequently, those
who failed to attain their goals because of inadequate means would feel anger, frustration, and resentment, which are referred to as strain
and that those people who are in strain or pressure may develop criminal or delinquent solutions to the problem of attaining goals.
NEUTRALIZATION THEORY
PROPONENT: David C. Matza and Gresham Sykes
CORE CONCEPT
▪ They viewed the process of becoming a criminal as a learning experience in which potential delinquents and criminals master techniques
that enable them to counterbalance or neutralize conventional values and drift back and forth between illegitimate and conventional
behavior.
▪ Drift-refers to the movement from one extreme of behavior to another, resulting in behavior that is sometimes unconventional, free, or
deviant, and at other times constraint and sober
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CONTAINMENT THEORY PROPONENT: Walter C. Reckless CORE CONCEPT
▪ Assumes that for every individual, there exists a containing external structure and a protective internal structure, both of which provide
defense, protection, or insulation against delinquency.
▪ Outer containment or the structural buffer that holds the person in bounds, can be found in the following components (Adler et al.,
2010): a role that provides a guide for a person's activities a set of reasonable limits and responsibilities an opportunity for the individual
to achieve status a sense of belonging identification with one or more persons within the group
▪ Inner containment," or personal control, is ensured by: a good self-concept self-control a strong ego a well-developed conscience a high
sense of responsibility.
THEORY OF IMITATION
Tarde devised a theory of "imitation and suggestion," through which he tried to explain criminal behavior. He believed that the origins of
deviance were similar to the origins of fads and fashions, and that his “three laws of imitation” can explain why people engage in crime.
CAPITALIST THEORY
Marxists argue that the economic system of capitalism itself causes crime. The whole system is based on the exploitation of the working
class by the ruling class, leading to the ever-increasing wealth of one class and ever-increasing poverty of the other.
RADICAL THEORY shows the relationship between crime and law by which the affluent community in the society use their power in relation to the
law in order to rule over the poor or less fortunate section of the society.
radicals will assume that political offenders are reasoning people who perceive and resist the oppressive and exploitative nature of liberal
democratic capitalist society.
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