Crime, Law, and Society - Week 1 Notes

The course consists of two primary elements that provide a comprehensive understanding of both criminology and law:

1. Criminology (Weeks 1-7, 12)

   • Focuses on fundamental concepts, theories, and methodologies in criminology which includes the examination of crime, criminals, and societal responses.

   • Builds upon foundational knowledge acquired from Level One Criminology and Criminal Justice, enabling students to engage critically with evolving criminological ideas and debates.

   • The curriculum includes a range of topics such as the nature of crime, the role of law enforcement, the judicial process, and contemporary issues like cybercrime and terrorism.

2. Law (Weeks 8-11)

   • Offers insights into the legal framework governing society, including the development of laws, legal principles, and their application in various contexts.

   • Covers critical legal concepts, including the rule of law, civil liberties, and human rights, thus providing students the necessary tools to analyze legal cases and comprehend court systems.

Lecture Structure

• The module commences with an introductory lecture outlining key tips for success in both criminology and law studies.

• Subsequent lectures will delve into significant criminological concepts and theories, fostering an understanding of how these frameworks influence societal perceptions of crime.

• The curriculum encompasses an overview of classical and contemporary criminological theories, including but not limited to:

  • The Enlightenment:

    • Examines how Enlightenment thinkers reshaped the philosophical landscape of crime and punishment.

  • Classical criminology:

    • Discusses the transition from punitive social responses to crime, advocating for rationality in punishment rather than retribution.

  • 18th-century crime and punishment:

    • Analyzes historical context and its impact on contemporary views regarding justice and legal reform.

  • Concepts of Panopticism:

    • Explores surveillance's effect on society, relating it to modern practices of monitoring and control.

• Prepares students for Week 2’s seminar with essential reading materials and discussion prompts.

Concepts vs. Theories

• Concept:

  • Refers to general ideas that encapsulate essential features of phenomena such as crime, law, and violence. Concepts are inherently debatable and often contested within social contexts, reflecting their nature as social constructs.

• Theory:

  • Comprises interconnected ideas that elaborate on concepts, presenting a framework for empirical observation and hypothesis formation.

  • Criteria for effective theories include predictive accuracy and falsifiability. Examples of relevant theories in criminology include rational choice theory and social disorganization theory.

Understanding Crime

• The concept of crime itself is intricate and multifaceted, necessitating a diverse array of theoretical perspectives for adequate analysis.

• The course emphasizes a critical approach to understanding crime that challenges conventional wisdom and common-sense assumptions.

• Critical factors influencing crime encompass:

  • Social inequalities:

    • Investigates the relationship between social stratification and criminal behavior.

  • Age:

    • Explores how criminality varies across different age groups, linking developmental stages to crime rates.

  • Gender:

    • Discusses the role of gender in crime commission and victimization patterns.

  • Race/ethnicity:

    • Examines how racial and ethnic backgrounds affect perceptions and realities of crime and justice.

The Enlightenment

• Era:

  • The 18th century represents a profound intellectual movement that prioritized reason, liberty, and the intrinsic rights of individuals.

• Key Elements:

  • Focus on political science, philosophy, and jurisprudence significantly influenced emerging social structures in Western societies.

  • Marked a social transition from feudalism to industrialism, which reshaped economic and social orders.

  • It posed challenges to established authorities, including monarchy and religious institutions.

• Criticisms:

  • The movement has been critiqued for its elitist tendencies, lack of gender inclusivity (androcentrism), and predominance of Eurocentric perspectives.

Classical Criminology

• Classical criminology represents a significant paradigm shift towards rationalism and individualism in the interpretation of crime.

• It conceptualizes crime as a manifestation of evil, prompting calls for a rational approach to punishment that emphasizes deterrence over retribution.

• Historical viewpoints, including punishment methods such as torture and the death penalty, illustrate the social context of the time.

Key Principles

• Rational Choice:

  • Asserts that individuals make decisions based on rational evaluations of risks and rewards.

• Free Will:

  • Emphasizes individual autonomy in choosing behaviors, including criminal actions.

• Legal Equality:

  • Stipulates that the law must apply equitably to all, regardless of social status.

Major Theorists

• Cesare Beccaria (1738-1794):

  • Advocated for laws that minimally restrict individual freedoms while ensuring societal protection.

  • Stressed the importance of proportionate punishment, proposing principles that define punishment's effectiveness:

    • Certainty:

    • The likelihood of being caught and punished as a deterrent to crime.

    • Celerity:

    • The promptness of punishment and its direct association with deterring future crime.

    • Severity:

    • Developing appropriate intervention levels that prevent crime without excessive punishment.

  • Notable quote: "It is better to prevent crimes than to punish them."

  • Criticized for presenting an overly simplistic perspective on behavior, failing to account for underlying social inequalities.

• Jeremy Bentham (1748-1832):

  • Introduced utilitarian philosophy, centering on societal happiness and well-being.

  • Defined the Pleasure-Pain Principle, positing that actions are determined by their potential rewards or punishments.

  • Emphasized the function of punishment in deterring crime while simultaneously benefiting society.

  • His views also face critique for echoing a shallow interpretation of individual circumstances.

Panopticism

• A concept formulated by Jeremy Bentham, illustrating the implications of surveillance on social behavior.

• The Panopticon stands as a metaphor for how constant visibility fosters self-regulation among individuals.

• Michel Foucault advanced this concept, connecting it with contemporary practices of surveillance.

• This theoretical framework raises important questions about power dynamics and individual freedoms in modern society.

Rational Choice Theory

• This theory investigates criminal behavior by understanding the decision-making process through cost-benefit analysis.

• Critiques:

  • Critics argue it oversimplifies human behavior by assuming rationality in all decision-making processes, overlooking emotional and psychological factors.

Routine Activity Theory

• This theory posits that crime occurs when three elements converge:

  1. Motivated Offender:

  • Individuals with the intention to commit a crime.

  1. Suitable Target:

  • Items or individuals that are perceived as valuable to the offender.

  1. Lack of Capable Guardian:

  • Absence of individuals or technologies that can prevent a crime.

• Limitations:

  • Critics contend it frames crime too narrowly and often unjustly shifts responsibility onto potential victims rather than addressing systemic causes.

Impact of Classical Criminology

• Classical criminological principles have significantly shaped modern criminal justice policies, emphasizing deterrence over punishment.

• It played a crucial role in the decline of brutal corporal punishments and encouraged reforms towards more humane forms of correction.

• However, implications of these reforms often highlighted benefits primarily aligned with middle-class values, raising issues of equity in the justice system.

Critical Thinking

• Essential questions posed to engage critical thinking include:

  • Are criminals rational actors truly capable of logical thought in the context of crime?

  • What influence do social factors exert on criminal behaviors and societal policing strategies?

  • How do contemporary surveillance practices affect liberty, privacy, and power relations within society?

Preparation for Week Two Seminar

• Assigned readings will highlight themes of surveillance and social control, encouraging students to reflect on their understandings of these concepts.

• Students will be prompted to consider their personal encounters with surveillance in everyday life as a means to ground theoretical discussions.