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.