Notes on Crime and Deviance
Definition of Crime
- What is a Crime?
- A crime can be defined as an act that violates a law set by a governing authority and is punishable by the state.
Types of Crimes
- Mala in se
- Acts that are inherently evil or considered wrong by nature.
- Examples include murder, rape, and theft.
- Mala prohibita
- Acts that are not inherently evil but are prohibited by law.
- They become criminal due to legislative decision rather than moral standards.
- Examples include drug use and traffic violations.
Cannabis Legislation in the US
- Recreational Use of Cannabis:
- Certain states have legalized recreational use.
- E.g., CA, CO, WA, OR.
- Medical Use:
- Some states allow cannabis for medical purposes only, not recreational.
- E.g., FL, PA.
- Decriminalization:
- In some states, first-time use leads to no arrest or criminal record.
- E.g., OH, NJ, IL.
Deviance
- Definition of Deviance:
- Deviance is created through societal rules; it is not an intrinsic quality of acts.
- Acts labeled as deviant are defined by the societal context and those in power who enforce rules.
- Not All Deviant Acts Are Illegal:
- Some deviant behavior is socially unacceptable but not punishable by law.
- Example: Consuming alcohol at a young age might be seen as deviant in some cultures but isn't always illegal.
Consensus vs. Conflict Perspectives on Crime
- Consensus Perspective:
- Views law and legal systems as a reflection of societal norms where there is widespread agreement on what constitutes right and wrong.
- Laws developed are founded on norms that the majority accept.
- Conflict Perspective:
- Suggests that laws reflect the interests of powerful groups in society.
- Suggests ongoing conflicts exist between various factions with differing interests, resulting in laws that benefit those in power.
Summary
- A crime is defined by laws, and not all unlawful acts are considered criminal in a moral sense.
- Understanding crime involves examining societal norms and perspectives that influence legal interpretations and enforcement.