Chapter 2- C.J. notes

Understanding Crime in Criminal Justice

• To grasp criminal justice, understanding crime is essential, yet defining crime remains a contentious issue.

Definition Challenges

• Many harmful behaviors are not classified as crimes, while less harmful ones are.

• Etymology: The term "crime" originates from Latin, meaning accusation or fault.

  • Source: Webster's New 20th Century Dictionary.

Social Definitions of Crime

• Broad Definition: Crime as behavior violating societal norms or social mores.

  • Norms are standards/rules dictating human behavior in certain contexts.

  • Variety of Norms: Definitions of antisocial behavior fluctuate across societal groups, affecting consensus on what constitutes crime (e.g., gambling, prostitution).

  • Controversy: Public debates arise over various acts like abortion and homosexual behavior, questioning their criminalization.

Complexities of Social Definitions

1. Variability: Social norms differ among groups within a society.

2. Interpretation: Norms and mores can be subjectively interpreted (e.g., abortion symbolizes different things for different people).

3. Change Over Time: Norms evolve, illustrated by changes in laws regarding alcohol and marital rape.

Legal Definition of Crime

• Formal Definition: An intentional violation of the law, without defense or excuse, punishable by the state.

  • Advantages: Offers clarity; if it violates the law, it’s a crime.

  • Limitations: Overcriminalization can occur with laws against victimless crimes (e.g., consensual adult activities).

  • Examples of obscure laws across various states highlight the arbitrary nature of some legal definitions.

• Enforcement Issues: Not all laws are consistently enforced, leading to public distrust in legal frameworks.

  • Examples include blue laws or mild offenses often overlooked by law enforcement.

• Under Criminalization: Some harmful acts (e.g., unsafe working conditions) are not considered crimes, even though they should be.

Elements of Crime

• A legal definition of crime lacks specific elements; typically, seven elements are considered:

  1. Harm: External consequences must be present.

  2. Legality: The act must be legally prohibited.

  3. Actus Reus: The physical act of committing a crime.

  4. Mens Rea: The mental state/intention behind the crime.

  5. Causation: A direct link between the act and the harm.

  6. Concurrence: The union of actus reus and mens rea at the same time.

  7. Punishment: The behavior must have associated penalties.

Additional Considerations in Legal Responsibility

• Legal defenses diminish responsibility in certain contexts (e.g., under duress, mental incapacity, age).

  • Duress: Crimes committed under coercive threats; not held fully accountable.

  • Minor Offenders: Ages of legal responsibility vary; under 7 often exempt.

  • Insanity: Mental impairment may lessen culpability.

Measurement of Crime

• Crime is often reported through statistics gathered from police agencies (Uniform Crime Reports - UCR) and victim surveys (National Crime Victimization Survey - NCVS).

• Limitations of Statistics:

  • Many crimes go unreported or unrecognized (dark figure of crime).

  • Variability based on enforcement, public perception, and societal attitudes.

• Crime Rates vs. Total Crime: Crime rates are typically expressed per unit of population for better comparison across different demographics and over time.

Economic Impact of Crime

• The total economic loss due to crime is substantial, indicating notable financial strains on victims and society.

• Factors contributing to the costs include property loss, medical expenses, and recovery time.

• Corporate crime has been found to cost much more than conventional crime, illustrating the broad spectrum of criminal behavior and its effects on the economy.