Chapter 3: Explaining Crime — Comprehensive Notes/Flashcards
Chapter 3: Explaining Crime — Comprehensive Notes
Criminological Theory: Overview
Criminological theory: explanations of criminal behavior and the behavior of other actors in the criminal justice system (police, attorneys, prosecutors, judges, corrections personnel, victims, and other system actors).
Most criminal justice work is based on criminological theory; misunderstanding can undermine policy effectiveness and lead to unnecessary intrusion into people’s lives.
Theories attempt to explain why or how crime occurs and how it relates to other social factors (biological, psychological, sociological, economic).
Learning Objectives (Summary)
Define criminological theory and describe its scope and actors.
Explain causes of crime per classical and neoclassical criminologists and discuss policy implications.
Describe biological theories of crime causation and policy implications.
Describe psychological theories of crime causation and policy implications.
Describe sociological theories of crime causation and policy implications.
Distinguish major differences among classical, positivist, and critical theories of crime causation.
Describe how critical theorists explain crime and policy implications.
Classical Theory
Early secular approach to crime causation.
Core assumptions:
People exercise free will and are fully responsible for their actions.
Criminal behavior is motivated by hedonistic rationality: individuals weigh the potential pleasure of an action against the pain or cost.
Beccaria (1764)
Wrote An Essay on Crimes and Punishments, foundational to classical theory.
Argued laws/punishments should be shaped by the principle of utility.
Utility: The policy should provide the greatest happiness shared by the greatest number.
Social contract: An imaginary agreement that sacrifices the minimum liberty necessary to prevent anarchy and chaos.
Deterrence as the legitimate purpose of punishment (both special and general):
Special (specific) deterrence: deter a given individual from reoffending by punishing them.
General deterrence: deter society at large from committing crime by punishing specific individuals as examples.
Beccaria’s Reforms for Crime Prevention
Four additional ways Beccaria recommended to deter crime:
Enact laws that are clear, simple, and unbiased and reflect public consensus.
Educate the public.
Eliminate corruption in the administration of justice.
Reward virtue.
Classical Theory: Real-World Limitations
Classical theory hard to apply in practice. Not all offenders are alike.
Issues highlighted:
Juveniles treated the same as adults.
Similar crimes not always similar in nature.
First-time vs. repeat offenders treated the same.
The insane treated the same as the sane.
Crimes of passion treated the same as intentional crimes.
Neoclassical Theory (Early-1800s Reform)
Modification of classical theory to acknowledge limits of free will in certain cases (e.g., insanity).
Key additions:
Premeditation as a measure of degree of free will.
Mitigating circumstances as legitimate grounds for diminished responsibility.
Classical + Neoclassical Theory in the U.S.
Classical and neoclassical theory form the basis of the U.S. criminal justice system.
Revival of classical theories and the modern rational choice perspective in response to questions about causes of crime.
Irony: classical theory lost favor in the 19th century because punishment was not viewed as highly effective at preventing crime.
Positivist Approaches to Explaining Crime
Positivist school grew from positive philosophy and scientific methods; focuses on factors that determine behavior.
Shift from free-will to determination by biological and cultural factors.
The Positivist School of Thought: Core Assumptions
Major claims:
Human behavior is determined, not free-willed.
Criminals are fundamentally different from noncriminals.
Social scientists can be objective.
Crime is frequently caused by multiple factors.
Society is based on consensus but not a social contract.
Problems with Positivist Assumptions
Critiques include:
They may account for too much crime and explain exceptions poorly.
They ignore the process by which behaviors are criminalized.
They assume broad consensus about good/bad that may not exist.
They emphasize causes independent of free will and skepticism about objectivity.
Biological Theories of Crime Causation (Biological Positivism)
Core idea: criminals are physiologically different from noncriminals; early theories posited biological inferiority.
Contemporary biocriminology emphasizes biological differences without value judgments.
Criminal Anthropology (Lombroso, 1876)
Propositions:
Criminals are by birth a distinct type.
The criminal type can be identified by physical characteristics (stigmata): eg, enormous jaws, high cheekbones, insensitivity to pain.
Stigmata threshold ideas:
More than five stigmata strongly indicates a criminal type.
Three to five stigmata suggests predisposition; fewer than three may not indicate crime propensity.
Major critique: physical traits do not cause crime; they indicate predisposition; the theory implies biological inferiority.
Body-Type Theory (Kretchmer, Sheldon)
Somatotypes (three basic body types):
Endomorphic (soft, fat)
Mesomorphic (athletically built)
Ectomorphic (tall, skinny)
Sheldon’s findings: delinquents more mesomorphic than nondelinquents; serious delinquents more mesomorphic than less serious ones (based on a study of 200 Boston delinquents, 1939–1949).
Heredity Studies
Research methods include:
Family trees, statistical comparisons, twin studies (identical vs fraternal), and studies of adopted children.
Modern Biocriminology: Ongoing Biologically Linked Factors
Factors associated with criminal/delinquent behavior include:
Diet-related issues: chemical, mineral, vitamin deficiencies; high sugar/carbohydrate diets; hypoglycemia.
Allergies, food dyes, lead exposure.
Radiation exposure (e.g., from fluorescent tubes).
Brain dysfunctions.
The Limbic System and Violence
Limbic system: brain region surrounding brain stem that moderates expressions of violence (anger, rage, fear, sexual response) and regulates life functions (heartbeat, breathing, sleep).
Key brain components shown in Fig. 3.1 (textual reference): hippocampus, hypothalamus, amygdala, pituitary.
Mechanism: chronic brain disorders or limbic system dysfunction linked to violent behavior; evidence suggests higher rates of brain disorders among chronic violent offenders.
Chemical Dysfunctions and Brain Neurotransmitters
Certain criminal behaviors linked to neurotransmitter levels:
Low serotonin associated with impulsive murderers and arsonists.
Low norepinephrine associated with compulsive gambling.
Cocaine increases dopamine, activating the limbic system to produce pleasure.
Endocrine Abnormalities
Hormonal imbalances linked to criminal behavior, especially:
Testosterone (male hormone).
Progesterone and estrogen (female hormones).
Treatment note: administering estrogen to male sex offenders has been found to reduce their sexual drives.
Biological Theories: Interaction with Environment
Biology or genetics may predispose individuals to certain behaviors, but actual behavior and crime definition depend on environmental or social conditions.
Contemporary criminology emphasizes a complex interaction between biology and environment.
Psychological Theories of Crime Causation
Major domains:
Intelligence and crime
Psychoanalytic theories
Humanistic psychological theory
Intelligence and Crime
Popular notion in the U.S. that crime is primarily a function of low intelligence.
A 1931 study found no overall correlation between intelligence and criminality, though intelligence may influence particular cases.
Psychoanalytic Theories (Freud and Followers)
Crime as a symptom of deeper, unresolved problems; some individuals may be psychopaths.
Psychopaths (sociopaths/antisocial personalities):
No guilt or conscience, difficulty forming relationships, lack of empathy.
Policy implication: provide psychotherapy/psychoanalysis to address symptoms and underlying issues.
Characteristics of the Psychopath (Table 3.2)
Key traits include:
Superficial charm and intelligence
Absence of delusions or irrational thinking
Absence of nervousness or neurosis
Unreliability
Untruthfulness and insincerity
Lack of remorse or shame
Poorly motivated antisocial behavior
Poor judgment and failure to learn from experience
Pathologic egocentricity and incapacity for love
General lack of affective reaction
Loss of insight
Interpersonal unresponsiveness
Uninviting behavior and substance use issues
Generally non-suicidal tendencies
Impersonal and poorly integrated sex life
Failure to follow any life plan
Source: Cleckley’s description (The Mask of Sanity).
Problems with Psychological and Psychoanalytic Theories
Major critiques:
Most criminals are not more psychologically disturbed than the general population.
Many disturbed people do not commit crimes; many non-disturbed people do.
Psychoanalytic theory often ignores environmental and situational factors.
Much of its theoretical structure is not scientifically testable.
Humanistic Psychological Theory (Maslow & Halleck)
Maslow: humans motivated by five levels of needs; crime arises when legal channels to satisfy needs are blocked.
Halleck: views crime as one adaptation to oppression and helplessness.
Maslow’s Hierarchy (Fig. 3.2): needs from bottom to top are physiological, safety, belongingness/love, esteem, self-actualization.
Text alternative notes describe the hierarchy visually and conceptually.
Critical questions raised: why can’t basic needs be satisfied legally, and why must oppression persist? Why does society tolerate oppression?
Sociological Theories: Social Context of Crime
Emphasize social groups and structures; crime is largely determined by social environment; the born-criminal concept is rejected.
Durkheim and Anomie
Emile Durkheim argued crime is a social fact, like other social laws and institutions.
Anomie: a dissociation of the individual from the collective conscience; a breakdown of shared morality.
Crime is functional for society—helps define the moral boundaries—and should be contained within reasonable limits.
The Chicago School (Ecological/Social Disorganization)
1920s University of Chicago researchers analyzed neighborhood crime rates and characteristics.
Ecological model of city growth: invasion, domination, succession (cyclical replacement of groups).
High delinquency correlates with social disorganization: weak controls, approval of delinquency by parents/neighbors, many opportunities for delinquent behavior, lack of legitimate employment opportunities.
Critiques: social disorganization may be a result of other factors (e.g., elite decisions about city growth);
the direction of causality is contested.
Anomie Theory (Robert Merton, 1938)
Major contradiction in U.S. between cultural goals and legitimate means (anomie).
Strain theory: limited access to legitimate means to wealth creates pressure.
Adaptations to strain:
Conformity: pursuing the goal via legitimate means
Innovation: pursuing wealth via illegitimate means
Ritualism: adhering to legitimate means without pursuing the goal
Retreatism: dropping out; rejecting both goals and means
Rebellion: rejecting both goals and means and substituting new goals/means
Delinquency and Subcultures (Cohen; Cloward & Ohlin)
Cohen (mid-1950s): adaptation of Merton’s theory to gang delinquency among juveniles; options include conformity, rebellion, or forming a group with new values.
Cloward & Ohlin: illegitimate opportunity structures shape the type of delinquent subculture:
Criminal subculture: formed to make money
Violent subculture: formed to vent anger when money is not possible
Retreatist subculture: formed by those who fail to join other gangs; may become alcoholics/drug addicts
Learning Theories: How Crime is Learned
Early figures: Tarde (1890) emphasized imitation/modelling in social phenomena.
Sutherland: differential association theory – criminal behavior learned through contact with definitions favorable to crime and isolation from anti-criminal definitions.
Evolution into modern learning theory: linking behavior to the processes of reinforcement, punishment, extinction, and imitation.
Core concepts:
Positive reinforcement: presentation of a stimulus that increases a response.
Negative reinforcement: removal of a stimulus that increases a response.
Extinction: ceasing to reinforce a previously reinforced behavior.
Punishment: introduction of an aversive stimulus to reduce behavior.
Modeling/ imitation: learning by observing others.
Policy Implications of Learning Theory
Emphasizes the need for effective punishment and deterrence.
Critique of U.S. punishment practices:
Prison often fails to deter; probation is not consistently punitive or effective; most offenders are not incarcerated.
Offenders are frequently returned to environments that reward criminal behavior.
There is often a lack of positive reinforcement for prosocial behavior.
Social Control Theories
Core question: Why do people conform rather than commit crime?
Hirschi (Causes of Delinquency, 1969): delinquency is more likely when a juvenile lacks a strong social bond with conventional society—four elements of the bond:
Attachment to others
Commitment to conventional actions
Involvement in conventional activities
Belief in the moral order and law
Gottfredson & Hirschi: later argued that ineffective child-rearing leads to low self-control, which is the principal cause of many deviant behaviors.
Critical Approaches to Explaining Crime
Critical theories view human beings as creators of institutions and structures that eventually dominate and constrain them; society is characterized by conflicts over moral values.
Labeling Theory (Critical Perspective)
Core idea: criminalization is a process; how actions and people are labeled as criminal drives crime.
Focus: the criminalization process, not just the characteristics of the criminal.
Consequences: a first offense can lead to negative labeling and a self-fulfilling prophecy.
Policy Implications of Labeling Theory
Decriminalization: removing certain behaviors from criminal law.
Diversion: removing offenders from the formal criminal justice process.
Greater due-process protections: applying rule-of-law standards more consistently.
Deinstitutionalization: reducing reliance on prisons/jails.
Reintegrative shaming: combining disapproval of actions with community forgiveness and reintegration.
Conflict Theory (Power and Crime)
Society is characterized by competition between interest groups (e.g., rich vs. poor; management vs. labor; dominant vs. subordinate groups).
Criminal law and the justice system serve the interests of dominant groups; subordinate groups appear more frequently in crime statistics due to definitions controlled by those in power.
Crime levels reflect the extent of conflict due to power differentials; crime is linked to relative powerlessness.
Policy implications: increase equality for subordinate groups via wealth redistribution, progressive taxation, or limiting political contributions of the wealthy; empower subordinate groups and restrain dominant group control.
Radical Theory (Marxist/Marxian Perspective)
Capitalism requires competition for wealth; greater wealth inequality increases exploitation of weaker individuals.
Radical definition of crime: a violation of human rights (includes racism, sexism, imperialism, capitalism, and other exploitative systems).
Exclusions: some behaviors (e.g., prostitution, gambling, drug use) may be excluded from the radical definition of crime.
Policy implications:
Show that current crime definitions protect the ruling class.
Redefine crime as a violation of human rights.
Promote a benevolent socialist society with democratic governance.
Criticisms of radical theory:
Definitions of crime too broad or vague; political agenda; causal models may be flawed; empirical testing is challenging.
Other Critical Theories
British or Left Realism: critiques and focuses on crimes against the working class; advocates for stronger policing that is more accountable; attention to fear and victimization.
Peacemaking Criminology: combines anarchism, humanism, socialism, and traditional and Indigenous philosophies; rejects repressive state violence as a solution; seeks to reduce suffering to decrease crime.
Feminist Theory: examines crime from a female perspective, focusing on victimization, gender differences in crime, and gendered justice; aims to abolish patriarchal control; critiques include potential neglect of differences among women and police role critiques.
Postmodernism: rejects Enlightenment rationality; emphasizes how knowledge and language create hierarchy and domination; argues interpretations of law depend on social context; proposes informal social controls and reconfiguration of the justice system.
Figures and Real-World Data Mentioned
Maslow’s Hierarchy of Needs (Figure 3.2): a five-level model with levels from bottom to top: physiological needs, safety, belongingness/love, esteem, self-actualization.
Wealth Distribution in the United States, 2016 (Figure 3.4): distribution as described in the text:
Top 1% of the population has 40% of wealth.
Next 4% has 27% of wealth.
Next 5% has 12% of wealth.
Next 10% has 11% of wealth.
Bottom 80% has 10% of wealth.
Connections to Foundational Principles and Real-World Relevance
Classical theory grounds policy in deterrence and social contract concepts; rational choice underpins many modern criminal justice policies and sentencing guidelines.
Neoclassical theory adds nuance by acknowledging mitigating circumstances and intent, informing more nuanced culpability assessments.
Positivist and biological theories shift focus to factors beyond free will (biology, environment, development), influencing rehabilitation and prevention strategies.
Psychological theories explore internal processes, mental states, and personality factors; limitations highlight the importance of environment and social context.
Sociological theories emphasize how social structure, culture, and group dynamics shape crime, supporting policy tools like community development, neighborhood restoration, and social services.
Learning theories highlight how behavior is reinforced or punished, informing corrective punishment, treatment, and prosocial skill development.
Social control and critical theories stress the role of social bonds, self-control, labeling processes, power dynamics, and structural inequalities in crime causation; they advocate reforms aimed at reducing inequality and redefining crime through ethical and justice-oriented lenses.
Critical perspectives (left realism, peacemaking, feminism, postmodernism) broaden the scope of inquiry to power, oppression, gender, and context in shaping criminal law and policy.
Key Terms to Remember
Utility: the principle that policies should maximize happiness for the greatest number.
Social contract: sacrifice of minimal liberty for societal order.
Deterrence: prevention of crime via punishment; includes special and general deterrence.
Anomie: a breakdown of social norms leading to crime; strain between goals and means.
Differential association: learning crime through associations with definitions favorable to crime.
Labeling: the process of defining and treating individuals as criminals;
reintegration/shaming as policy options.Left realism: focuses on crime against the working class and greater police accountability.
Peacemaking criminology: emphasizes reducing suffering and creating compassionate communities as a path to reducing crime.
Self-control: a key factor in deviance according to Gottfredson & Hirschi.
Subcultures (Cloward & Ohlin): criminal, violent, and retreatist subcultures arising from illegitimate opportunity structures.
Summary of Major Differences Across Theoretical Traditions
Classical vs. Positivist: free will and rational choice vs. determinism and scientific factors.
Classical/Neoclassical vs. Biological/Psychological/Sociological: emphasis on individual choice vs. internal dispositions, mental processes, and social contexts.
Critical theories: focus on power, inequality, and social construction of crime; emphasize policy reforms aimed at fairness, inclusion, and structural change.
Note on Equations and Formulas
Beccaria’s Utility concept is captured as a policy principle: ext{Utility} = ext{greatest happiness for the greatest number}.
Maslow’s hierarchy can be expressed as a progression of needs, often depicted graphically rather than with a strict formula, e.g. ext{Needs: Physiological}
ightarrow ext{Safety}
ightarrow ext{Belonging}
ightarrow ext{Esteem}
ightarrow ext{Self-Actualization}.
Quick Reference by Topic (For Quick Review)
Classical: free will, deterrence, social contract, Beccaria, deterrence types, four prevention measures.
Neoclassical: acknowledges mitigating circumstances; premeditation as a measure of free will.
Positivist/Biological: determinism, biologically influenced criminality; Lombroso; somatotypes; heredity; modern biocriminology; limbic system; neurotransmitters; hormones.
Psychological: intelligence, psychoanalysis, psychopathy, Maslow/Halleck; limitations of theory.
Sociological: Durkheim, anomie, Chicago School, Merton, Cohen, Cloward & Ohlin; neighborhood effects; subcultures.
Learning: imitation, differential association, reinforcement/punishment, modeling; policy implications.
Social Control: bonds to society; self-control.
Critical: labeling, conflict, radical theories; left realism, peacemaking, feminism, postmodernism.
Real-world data: wealth distribution percentages (2016) illustrating economic inequality.