ACR101 - Week 2 - Lecture

Introduction to Crime and Criminology

• Online seminar due to public holiday impacting in-person lectures.

• Focus on the definition of crime, building on introductory module from last week.

What is Crime?

• No consensus on the definition of crime; multiple interpretations exist.

• Crime is fluid, varying over time and across cultures.

• Lack of universal agreement reflects subjective societal views; akin to the term "freedom".

Importance of the Question

• Understanding crime varies temporally and contextually.

• Behaviors can transition from criminalized to decriminalized over time.

• Jurisdictional differences in what is considered criminal; varies even within states.

• Not all harmful acts are classified as crimes; question of harm is complex.

Connection between Crime and Harm

• The idea that crime equals harm is misleading; subjective moral views complicate this link.

• Example: Illicit drug use may not result in harm for everyone, yet is criminalized.

Cultural Contexts of Crime

• Definitions of crime influenced by cultural beliefs and norms.

• Examples of culturally defined crimes include blasphemy and insulting authority figures in some cultures.

Five Main Parts of the Lecture

1. Changing definitions of crime over time and context.

2. Exploration of crime vs. harm.

3. Legal definitions of crime — focused on codes and enforceability.

4. Human rights framework — examining rights violations.

5. Social and political definitions — understanding the implications of power dynamics in law enforcement.

Legal Definitions of Crime

• Crime defined by legal codes, established by parliament and enforceable by law.

• Requires mens rea (guilty mind) and actus reus (guilty act) for prosecution.

• Categories include:

  • Crimes against the person (e.g., homicide, assault).

  • Crimes against property (e.g., theft, vandalism).

• Limitations: Variability across jurisdictions; minor infractions can label individuals as criminals.

Human Rights Approach to Crime

• Human rights established post-WWII to protect individual freedoms.

• Rights include personal safety, fair treatment, and freedom from cruel punishment.

• Challenges: Compliance is voluntary; local laws may conflict with human rights ideas.

Social and Political Definitions of Crime

• Investigates public consciousness about what behaviors are criminalized and why.

• Examines influences of powerful groups and cultural forces on law definitions.

• Example: Lockout laws in Sydney aimed at reducing nightlife violence resulted in both positive and negative consequences.

Case Studies of Changing Crime Definitions

• Recreational cannabis use: Shifts from criminalization to legalization in some regions.

• Firearm laws changed significantly post-Port Arthur massacre.

• Variability in drug laws, laws regarding sex work, and public drinking.

Harm versus Crime

• Harm can occur without criminalization (e.g., industrial pollution, alcohol consumption).

• Some actions that are criminalized may not cause significant harm (e.g., jaywalking).

Political Dynamics in Lawmaking

• Laws reflect interests of powerful groups, often marginalizing less powerful voices.

• Changes in public opinion influenced by media rhetoric and advocacy.

• Example: The push for lockout laws involved various community interests clashing.

Conclusion

• Understanding crime requires examining its fluid definitions and the contexts that produce those definitions.

• Seminars will meet again; emphasis on the importance of comprehension in criminological study.