Criminal Law and Crime Theories: Definitions, Types, and Social Impact

What is crime?

form of conduct that society prohibits in order to maintain order.

What is criminal law?

A code that categorizes all crimes and punishments by type.

Difference between felony and misdemeanor?

Felony = punishable by more than 1 year in prison; Misdemeanor = 1 year or less.

What is fear of crime?

People's emotional response to the possibility of being victimized.

Is fear of crime rational?

No. People are 35 times more likely to die of a heart attack and twice as likely to die in a car accident than by homicide.

Consequences of fear of crime?

Isolation, lower quality of life, corporate security responses, unjustified homicide.

Who was Bernard Goetz?

Man who shot 4 men on a NYC subway in 1984; acquitted of attempted murder, convicted of gun charge.

Who was Yoshihiro Hattori?

Teen exchange student shot and killed by Rodney Peairs in 1992; shooter was acquitted.

Durkheim's view on crime?

Crime exists in all societies; only the rate varies.

What is due process?

Use of fairness, accuracy, and reliability to protect individual rights.

Which amendments protect due process?

5th Amendment and 14th Amendment.

Crime control vs due process model?

Crime control favors efficiency and punishment; due process prioritizes rights and accuracy.

What is deviance?

Any violation of a social norm.

Are all deviant acts illegal?

No. And not all illegal acts are considered deviant.

Are thoughts crimes?

No. Only actions or failure to act (omissions) are crimes.

Define mala in se.

Acts that are evil in themselves (murder, rape, mayhem).

Define mala prohibita.

Acts made illegal by law but not inherently evil (gambling, drugs, prostitution).

Classical theory (Beccaria & Bentham):

People have free will; punishment should deter crime; punishment must be proportional.

Positivism:

Crime is caused by biological, psychological, or social forces; people do NOT have free will.

Ethical theory:

Crime is a moral failure where people choose pleasure over guilt.

Structural/conflict theory:

Laws reflect the interests of the powerful; prisons filled with the poor.

Cesare Lombroso believed criminals were:

Biologically different (atavism / evolutionary throwbacks).

Id Ego Superego:

Id = instincts Ego = decision-maker Superego = conscience.

Differential Association (Sutherland):

Crime is learned from associations with criminal peers.

Blocked Opportunity (Cloward & Ohlin):

People commit crime when they lack legal paths to success.

Labeling Theory:

Being labeled delinquent increases future crime.

Hirschi's Social Bond Theory:

Strong bonds (attachment, commitment, involvement, belief) reduce crime.

Routine Activities Theory:

Crime occurs when: Motivated offender/Suitable target/No capable guardian

% of violent crimes involving guns:

About 25%.

Brady Bill (1993):

Required waiting period and background checks.

Alcohol's role in crime:

Present in most homicides; lowers inhibitions and guilt.

Crimes against the person:

Murder, robbery, assault.

Crimes against property:

Burglary, larceny, arson.

Crimes against public order:

Drugs, prostitution.

Homicide:

Intentional killing.

Murder vs manslaughter:

Murder = malice + intent

Manslaughter = unlawful killing without malice.

Recklessness:

Conscious disregard of risk.

Negligence:

Failure to recognize a serious risk.

Gross negligence:

Extreme failure to meet reasonable standard of care.

Traditional rape definition problems:

Excluded males, spouses, and non-vaginal assault.

Rape shield laws:

Protect victim's sexual history from being used in court.

% of rapes reported by college students:

Only about 5%.

Common reasons victims do NOT report:

Fear, shame, knowing the attacker, lack of proof, police distrust.

Robbery:

Crime against a person using force or threat.

Burglary:

Crime against property (illegal entry to commit a crime)

UCR (Uniform Crime Reports):

Police-reported crime data collected by the FBI.

Index Crimes (Part I):

Homicide, rape, robbery, aggravated assault, burglary, larceny, auto theft, arson.

NCVS:

Survey of victims that captures unreported crime.

Dark figure of crime:

Crimes that go unreported.

NIBRS:

Improved version of UCR that collects detailed incident data.

Self-report surveys:

People report their own criminal behavior.

Is crime increasing or decreasing overall?

It has declined for decades but is expected to increase gradually.

Strongest predictors of crime:

Age, opportunity, motivation

Who commits and experiences the most crime by age?

Young people are the most common perpetrators and victims.

Which gender commits and experiences the most crime?

Males commit and experience the most crime.

Is female crime increasing?

Yes, especially violent crime.

How many American women experience intimate partner violence?

About 1 in 4 women.

Common characteristics of IPV perpetrators?

Low SES, unemployment, unequal income levels.

% of violent crime arrests that are White?

58%

% of property crime arrests that are White?

65%

Why are African Americans more likely to be victimized?

Lower median age and higher concentration in poor urban areas.

Hispanic victimization compared to Whites and Blacks:

9% more likely than Whites, 20% less than Blacks.

Native American victimization pattern:

Extremely high interracial victimization (70%).

Asian American victimization rate:

Lowest victimization rate overall.

Which SES group is most likely to commit AND experience crime?

Lowest SES group.

What is crime profiling?

Analysis of crimes to identify patterns in offenders, victims, and situations.

What is offender profiling?

Identifying common characteristics of offenders.

What is crime scene profiling?

Analyzing where and when crimes occur (ex: unlocked homes, daytime burglaries).

What is conspiracy?

Agreement between two or more people to commit a crime.

What is white-collar crime?

Planned deception by high-status individuals during legitimate work for gain.

Key trait of white-collar crime:

Planning and deceit (not force)

Embezzlement:

Misuse of entrusted funds.

Extortion:

Obtaining property through force, threat, or authority.

Forgery:

Falsifying documents.

Fraud:

Obtaining property through deception.

Bribery:

Offering value to influence an official.

Obstruction of justice:

Interfering with legal processes.

Perjury:

Lying under oath.

Corporate crime definition:

Illegal business actions driven by profit.

Examples:

Environmental violations, labor violations, unfair trade practices

Computers as targets:

Hacking, malware, identity theft.

Computers as tools:

Cyberstalking, web-cramming, IP hijacking.

Computers as incidentals:

Insurance fraud, bookmaking.

General characteristics of organized crime:

Violence, hierarchy, secrecy, ethnic ties, longevity.

Traditional organized crime activities:

Prostitution, drugs, gambling, racketeering, extortion.

Ancillary crimes:

Murder, assault, money laundering.

Definition of hate crime:

Crime motivated by race, religion, nationality, or sexual orientation.

Definition of terrorism:

Violence used to intimidate government or civilians for political goals.

Difference between civil and criminal law:

Civil = disputes between people Criminal = offenses against society

Substantive law:

Defines criminal behavior.

Procedural law:

Rules for enforcing the law.

Four sources of American law:

Constitution, statutes, case law, administrative regulations.

Consensus theory of law:

Law reflects shared moral values.

Conflict theory of law:

Law serves the powerful.

What is due process?

Legal protection ensuring fairness and rights.

What does probable cause mean?

Legal standard requiring reasonable belief before arrest/search

Legality:

Act must be illegal before committed.

Actus reus:

Guilty action (or omission).

Causation:

The act must cause the harm.