Course Title: Sociology of Crime and Delinquency I Code: SLG 305

Lecturers: Dr. J. O. Ayodele (08034991621, 08051689690)

Outline:
1. Towards a conceptualization
- Making sense of crime and delinquency
- Social construction of crime and delinquency
- Elements of Crime
2. Philosophical Issues on Human Nature
Sociology of Deviant Behaviour -
-
Freewill versus Determinism
Demonism: Theodicy, Temptation/Possession
(Crime and Delinquency) 3. Dimensions and Types of Crime
4. Major Theoretical Positions of Deviant Behaviour
- Offender-focused or individualistic theories
- Society-focused or non-individualistic Theories
5. The Social Context of Delinquency
- Functions of Delinquency/Deviance
- Dysfunctions of Delinquency/Crime
6. Crime/Delinquency and Social Change
7. Field Trip to Police and Prisons Commands
by 8. Revision
Note: Continuous Assessment (Written = 20% and Field Trip = 20%) shall be
conducted during our contacts while Examination (60%) comes up toward the end
of the Semester. Students are advised to be regular.

AYODELE James Olabisi, Ph.D Suggested Reading Materials

Alemika, E. E. O. & Chukwuma, I. C. (2000), Juvenile Justice Administration in
Nigeria: Philosophy and Practice. Lagos, Nigeria: CLEEN
Clinard, M. B. & Meier, R. (2004): Sociology of Deviant Behaviour. Belmont,
USA: Wadsworth
Aim: This course is to acquaint students with the phenomenon of deviant Danbazau, A. B. (1994), Law and Criminality in Nigeria. Ibadan, Nigeria:
behaviour in the society with particular emphasis on its nature and extent. University Press
Specifically, students would be exposed to major theoretical explanations Okonkwo, C. O. (2005): Okonkwo and Naish on Criminal Law in Nigeria. 2nd
on crime and delinquency, causations, functions, etc, with particular Ed. Ibadan, Nigeria: Spectrum Books Ltd
reference to the Nigerian society. Siegel, L. & Bartollas, C. (2011): Corrections Today. Belmont, USA: Wadsworth
Siegel, L. J. & Senna, J. J. (1981): Juvenile Delinquency: Theory, Practice and
Law. New York, USA: West Publication Company
Williams, K. S. (1991), Textbook on Criminology. Glasgow, England: Blackstone
Press Ltd
 the Quran (Surat An-Nisa 4:92) allows Muslims to kill Kafirs or
I. Conceptualizing Crime and Delinquency non-Muslims. Even in contemporary society, some industrialized
(a) Crime (or offence) takes its existence from laws, which nations allow Medical Doctors to ease the pains of chronically sick
are enacted to delineate allowable from disallowable behaviours in person through Euthanasia or assisted death. Some persons are also
every society. Put succinctly, without laws there is no crime or allowed by law, employed and paid as hangmen to take the life of
offence (henceforth, crime or offence is used interchangeably in this another person! If we rely on moral standard, it would be very
chapter). In Nigeria, no citizen could be arbitrarily tried, convicted difficult for us to classify other acts such as gambling, adultery,
and punished (see Section 22[10] of 1963, Section 33[22] of 1979 prostitution, polygamy (polygyny and polyandry), marijuana
and Section 36[8] of 1999 Constitution). In fact, the 1979 smoking, drinking of alcohol, etc. In contrast to immorality, the
Constitution specifically provided that “a person shall not be illegality of an act is based on the notion that a society has decided
convicted of a criminal offence unless that offence is defined and the to do without it by proscribing it through laws, ordinances, edicts,
penalty thereof is prescribed in a written law.” Section 36(8) of the decrees, etc. In other words, acts that are illegal or unlawful are so
1999 Constitution states that “no person shall be held to be guilty of designated by legislative bodies.
a criminal offence on account of any act or omission that did not, at Crime is generally seen an act or omission proscribed by
the time it took place, constitute such an offence.” Thus, it is existing law and punished by same after due trial and conviction.
evident that a person’s offence and liability for punishment are Used synonymously with offence, the Section 2 of the Criminal
determined by existing law – “social control through the systematic Code defines crime as “an act or omission which renders the person
application of the forces of politically organized society” (Roscoe doing the act or making the omission liable to punishment under
Pound). In view of this, criminologists prefer to define crime in [the] Code or under any Act, or Law” (Federal Government of
relations to existing law. This preference is inevitable in that the Nigeria, FGN 2004a). In the same vein, it is “a wrong to society
scope of deviance accommodates the issue of morality on which involving the breach of a legal rule which has criminal consequences
members of a society would disagree (Clinard and Meier, 2004). attached to it” (Williams, 1994), “an act or omission which
Indeed, Offodile (1983) defines deviance as “an antisocial behaviour constitutes an offence and is punishable by law,” “an illegal act for
which violates the ethics or mores of a social group.” The standards which someone can be punished by the government.” These
for morality are never stable and uniform within and across society definitions imply that not all acts are considered unlawful and that
to the extent that there is no agreement on appropriate sanctions. persons accused on any criminal infraction must be duly processed
For instance, killing someone might be considered moral or immoral before a recommended penalty is pronounced (Okonkwo, 2005). It
depending on the circumstances in which it is perpetrated. It is must be stressed here that crime is a wrong to society whereas tort is
normal or morally approved for nomads to kill an ailing elderly wrong to person. Crime entails unlawful act/omission by adults
member (assisted death) instead of abandoning such person whereas delinquency covers similar behaviour of persons considered
whenever it is time to relocate, Deuteronomy 7: 1-2 and 1 Samuel as minors by the laws of a nation. For instance, Nigerian laws
15:9 mandate the killing of the original inhabitants of Canaan, while define under-18 persons as minors. In fact, Section 30 of the
Criminal Code of Nigeria states that “a person under the age of crime lies in its “being forbidden on pain of punishment by
seven is not criminally responsible for ANY act/omission” while “a legislative power in any particular community.” Thus, members are
male person under the age of 12 years is incapable of having carnal free to behave in whatever way they choose as long as existing laws
knowledge (rape).” do not forbid it (no crime without law). Aside, crime involves
act/omission considers wrong (mala inse) but only the laws of a
(b) Social Construction of Crime: In every society nation (not religious moral standard) that determine the rightness or
criminalization or outlawing certain behaviour involves subtle wrongness of a behaviour. Actus reus or concrete act/omission
negotiations and re-negotiations. In other words, to proscribe or requires that the ‘infraction’ must real or determinable. Thus, for a
criminalize some (in)actions, prosecute and punish people for crime to be committed, an act/omission proscribed by law must have
undertaken proscribed behaviours in any nation, a great deal of been carried out. For instance, assault requires that an individual
negotiations is involved. Certain behaviour are proscribed/outlawed: unlawfully injures another, rape entails sexual or carnal knowledge
(i) to protect public order or prevent chaos, e.g. traffic rules (ii) in with a person without his/her consent, while stealing is depriving
the interest of the few influential elites, (iii) because of their harmful someone his/her property. Mens rea bothers on the actor’s intention
consequences (e.g. drug control), (iv) to legitimize society, (v) to (whether the act/omission is deliberate or accidental, good or
keep people in check, and (vi) if they constitute serious threat to life, malicious). In determining whether or not an offense has been
e.g. murder, among other reasons. Thus, it must be understood that committed, the intention (mens rea) of the person committing the
crime is very dynamic in nature. Certain behaviour (e.g. slave- infraction must be taken into consideration by a Court of competent
trading, coup) considered lawful in the past in some nations have jurisdiction. In other words, there must be an intent to act in the
become outlawed and certain behaviour outlawed in present-day proscribed fashion or to bring about the unacceptable end, or in
Nigeria (e.g. Same-sex marriage) might become lawful in the near some cases, reckless indifference to causing particular harm. In the
future. It must, therefore, be borne in mind that no matter how eyes of law, intention (premeditation) is different from motive! The
immoral, reprehensible, damaging or dangerous an act or omission fifth element of crime is punishment (poena) which must be clearly
is, it is not a crime unless it is made such by the authorities of a prescribed in existing laws in terms of maximum. Usually, there is
nation – legislature and judiciary (through interpretation). no crime without punishment but this must be decided by a Court
with competent jurisdiction after due trial. In this regard, Bennette
(c) Elements of Crime: Literally, crime occurs whenever (1987) defines crime as “an act or omission forbidden by law and
there is an infraction on existing laws but technically this is not the punishable by fine, imprisonment, or even death.” In strict terms,
case. Five important elements of crime that are taken into Section 36(8) of the 1999 Constitution (as amended) forbids illegal
consideration are: mala prohibita, mala inse, actus reus, mens rea, trials, mob-justice and the infliction of arbitrary punishment on any
and poena. Prohibition/proscription (mala prohibita) is an citizen of Nigeria.
important element in determining whether an act/omission is lawful
or unlawful. In the words of Okonkwo (2005), the hallmark of
 “… no penalty shall be imposed for any criminal offence heritage, but other scholars simply claimed that humans are spiritual
heavier than the penalty in force at the time the offence was beings and not biological beings. The second issue of concern is
committed.” whether human (biological or spiritual) beings have good or bad
Although the law usually specifies the maximum punishment, the nature.
actual punishment in any particular case is left to the discretion of Theologians have argued that human nature was initially
the trial judge. good but was later corrupted (all have sinned, conceived and born
with original sin). Human beings are said to be naturally violent
(d) Criminal Responsibility and Grounds for Defence: (e.g. Thomas Hobbes) and are involved in aggressive defense of
When a person is arrested and brought for trial by Police, the Court their territory like other animals. This, to them explains why human
considers all the elements of crime to determine whether the history has been dotted with wars and violent conflicts. However,
suspect/accused is guilty or not. Criminal Responsibility is the some anthropologists have noted that more than biology, the need
condition of being actually or potentially subject to a legal for survival literally usually force members of every small group to
obligation. It is the extent to which a person could be held liable or cooperate and be good. For example, the Tasaday of the Philippines
punished for any unlawful act/omission. The Criminal Code have no words to express such feelings or actions as “hate,”
identifies and discusses nine grounds of defence namely Bonafide “hatred,” “fighting,” etc. Calvinism was built on the belief that
Claim of Right (exercise of an honest claim without intention to human beings are essentially deprave but not doomed because they
defraud), coercion, mistake of facts (if act/omission is done honestly could work assiduously to attain salvation in the hereafter. Some
but with mistaken real state), extra-ordinary emergencies (e.g. scholars disagree with the Calvinists and argue that the potential for
provocation, self-defense, insanity, immature age, legal immunity good exist in every human beings even though the potential is often
(e.g. judicial officers, Presidents/Vice President, Governor/Deputy extinguished before it matures. Notably, sociologists and
Governor), and legal compulsion. Ignorance of law and/or one’s anthropologists do not believe in a “common universal human
legal obligation is never a ground for defence. nature.” Culture, they argue, is the only thing that determine human
nature and it is malleable or plastic!
The foregoing arguments could be categorized into two
II. Philosophical Issues on Human Nature namely “Determinism” and “Freewill.” Thus, we are concerned
Several explanations have been made on the nature of whether human beings freely choose their actions or are forced to
humans. Some of these explanations have been speculative and act. Some scholars believe that human beings are hedonistic
theological. The core issues that have interested scholars are: (i) because they usually act to maximize pleasure and minimize pains.
whether there is universal human nature and (ii) what the nature of In contrast, determinists argue that human beings are forced to by
human is. On the first issue, some scholars (evolutionists) claimed spiritual forces, biological make-up, or socioeconomic conditions.
that the since human beings are homo-sapiens (homo-habilis – Therefore, hard determinists believe that human beings are doomed
homo-erectus – homo-sapiens), they share common biological because of extreme powerlessness despite formidable forces beyond
their control but soft-determinists argue that human beings still the State (terrorism, insurrection, coup, etc,). Crimes against
enjoy limited choices. property are directed at property (e.g. arson, burglary), whereas
Basically, Darwinism admits that human nature is adaptable threats to lives (e.g. murder, attempted murder, grievous assault,
to environment but Theodicy (coined by Gottfried Leibniz) stresses rape, etc) are Crimes Against Persons. Some infractions could upset
purely spiritual explanations for the existence of evil, suffering and the social equilibrium or public order (e.g. affray, riot, incitement,
death. Max Weber identified three types of Theodicy namely: etc) while some are viewed as unnatural offences (homosexuality,
Karma, Divine Providence and Dualism. Karma is rooted in same sex marriage, etc). Although these labels are used by law-
reincarnation, a belief that explains the present condition as a enforcers for administrative convenience, criminologists have
product of the past existence (e.g. bad behaviour in the present categorized crimes into three namely victimless, organized, and
indicates punishment or curse for previous life). Although Karma is white-collar.
not deterministic because it could be changed through divine (a) Victimless Crimes:
intervention or personal determination, someone with good Karma (b) Organized Crimes:
could squander it through rational choice. Divine Providence or (c) White-collar Crimes:
Predestination stresses that human nature (good or bad) is
essentially planned and determined by Supreme Beings. This
position makes human beings seek spiritual interventions and
supplications to be favoured by the supreme forces. Dualism
explains humans’ actions as the products of the struggle for the
control of the universe between God (good forces) and Satan (evil
forces). In this sense, human beings are mere pawns in the
contention between forces beyond their control and therefore cannot
be blamed for any action.
Dissatisfied with the Dualism argument that exonerates
human beings from whatever they do, some scholars have put forth
the Temptation or Possession explanation. Temptation suggests that
human beings choose their actions and should be held responsible
whereas Possession stresses that human beings are guiltless victims.

III. Dimensions and Types of Crime

Basically, crime is a wrong to society whose laws are
violated. Nonetheless, some violations in Nigeria are considered
direct affront on the survival of a society and tagged Crimes Against
 (iv) Any person who counsels or procures any other person
to commit an offence. The person could be treated as in
The laws define allowable behaviour. The laws also define (i)
who an offender is and how such should be treated. In fact, no
person could become offender outside the existing laws of a society. Treatments of Suspect
According to the 1999 Constitution (as amended), Treatment of offenders begins with the Nigeria Police which
has the statutory duty of investigating, arresting and prosecuting.
No person shall be held to be guilty of a criminal offence on However, other specialized law-enforcement agents (NDLEA,
account of any act or omission that did not, at the time it took NSCDC, EFCC, ICPC, etc) could assist the Police in the area of
place, constitute such an offence, and no penalty shall be investigation, arrest and occasional prosecution. When an offender
imposed for any criminal offence heavier than the penalty in is arrested, he/she assumes the status of “Suspect.”
force at the time the offence was committed (Constitution of Section 35 (1-4) and Section 36(1) of the 1999 Constitution
FRN 1999, 36[8]). guarantee personal liberty thereby ruling out arbitrary arrest and
treatment of suspects. Even when lawfully arrested, a suspect:
A suspect, is therefore, any person who has been arrested and is (1) Must be informed in writing the reason for the arrest
being prosecuted or tried for an act or omission which violates (2) Must not be detained more than 24 hours without being
existing law in a society. tried in a court of law.
(3) Has right to remain silent or avoid answering any
Parties to an Offence/Crime question until consultation with a legal practitioner or any
Offence could be committed by an individual or a group of person of his/her choice.
persons and each of the team is deemed to have committed the (4) Is entitled to fair hearing in the public.
offence. A person becomes Accessory after the Fact to an offence (5) Is presumed innocent until the contrary is proved.
when he/she receives or assists an offender knowingly in other to (6) Must be informed in a language he/she understands;
enable him/her escape punishment. Section 7 of the Criminal Code (7) Must be given adequate time and facilities to prepare
defines parties to offence as: defence;
(i) every person who actually does the act or makes the (8) Enjoys freedom to examine witnesses in person or by
omission which constitutes an offence counsel,
(ii) every person who does or omits to do any act for the (9) Enjoys right to an interpreter free of charge,
purpose of enabling or aiding another person to commit (10) Enjoy right to access records of trial,
the offence. (11) Has right not to be tried for the same offence for which
(iii) Every person who AIDS another person to commit the he/she has been convicted or acquitted.
offence. (12) Shall not be compelled to give evidence at the trial, and
 (13) Shall not be convicted of a criminal offence unless that
offence is proscribed with penalty in a written law.

Discuss the role of police in crime commission.

Discuss Walter Reckless Theory with emphasis on the role of police
in crime commission.
“Mere accusation and arrest do not obliterate a suspect’s rights.”
Discuss this statement with particular reference to legal provisions
for the treatment of persons linked to crime in Nigeria.
In Felson and Cohen’s (1974) reasoning, crime commission is a web
of events. Critically discuss.