NCJ Sociology Of Crime And Criminal Behaviour ‘Abdul Samad Abdul Ghani Copyright reserved, do not use without permission. CRIMINOLOGY AND CRIMINAL LAW ‘THE ROLE OF CRIMINOLOGY (OR CRIMINOLOGIST) * studying crime and criminal behaviour. * Work, research etc ... scientific approach to the study and analysis of crime and criminal behaviour. the fields of criminology - ‘the use of scientific methods in the study and analysis of regularities, uniformities, patterns and causal relationships concerned with crime, criminals and criminal behaviour.” The Relationship Between Criminology And Criminal Law Criminal law Criminology A theory of legal norms A theory of actual phenomena - | One primary task = define that which is | Concerns with itself with criminal acts Punishable under existing law and the human beings who infringe the criminal code, and with the environment of these persons. Similarity both discipline meet at the focus on crime the behaviour liable to punishment. The influence of criminology in criminal law Developments in criminal law in this century have resulted in a system of rules of law that stresses the personality of the offender and decided the type and severity of the sanction accordingly. ....it is only in the last generation that individualisation has acquired such significance that criminological concepts and points of view have become involved with criminal codes. The criminal law is now confronted wit new problems which must be solved in close connection with criminology. An increasing differentiation of the penal system of sanctions has until recently had similar effect. criminal behaviour is tied to the criminal law No matter which definition of crime we embrace, criminal behaviour is tied to the criminal law. It is therefore important to all criminologist to have some understanding of its development of criminal law, its objectives, its elements and how it evolves, Siegel, L- Criminology: the core.2 criminology is a descriptive, empirical and non-normative science [but] the subject of its investigation cannot be defined without criteria that rest upon social evaluations. Empirical studies of criminology should always be based upon existing legal definitions of the concept of criminality if a well defined and controllable mass of knowledge is to be obtained. Hurwitz and christiansen Tappan: criminological research, rather than examining a wide area of deviating behaviour, should be concern itself solely with the behaviour defined in the criminal law. Conclusion: criminology must be based on the legal concept. BUT * not all ‘crime’ (or social wrong) are legally criminalised! + And criminal law is not that stable: constant decriminalisation and criminalisation (note: regulatory ‘offences’ - are they ‘crime’?) i.e. concept of crime based on criminal law will be relative and not so consistent; which can cause problem to criminologist if the subject matter keep changing. but more importantly... Criminology should be able to extent its field of research beyond the limits of the legal definition wherever one comes across non-criminalised behaviour that resembles an offence against the law. HOW TO DEAL WITH THE PROBLEM? Concept or definition of ‘crime’ independence of criminal law; How? ‘Two perspectives: 1. offenders = deviants Criminologist view deviant behaviour as any action that departs form the social norms of society. Deviance thus includes a broad spectrum of behaviours, ranging from the most socially harmful, such as rape and murder, to the relatively inoffensive, such as ...cross-dressing. A deviant act becomes a crime when it is deemed socially harmful or dangerous; it then will be specifically defined and Punished under the criminal law. 2. crime is a social fact; anti-social behaviour but these approaches create problems too: 1, societies have relative values - esp. immoral crime 2, not all crimes are deviant and not all deviant acts are illegal or criminal. 3. see below... according to Siegel: Criminologist align to 3 school of thoughts/perspectives regarding what constitute criminal behaviour and what causes people to engage in criminality. a criminologist choice of orientation or perspective depends, in part, on his or her definition of crime.3 common definition of crime used by criminologist The + ‘crime are behaviours that all elements of society consider to be consensus repugnant’ view of. * t’fore the criminal law - the written code that defines crime and crime their punishment - reflect the values, belief and opinions of society’s mainstream. * The term consensus implies general agreement among a majority of citizens on what behaviours should be prohibited by criminal law and hence viewed as crimes The conflict | + society as collection of diverse groups - such as owners, workers, view of professionals and students - who are in constant and continuing crime conflict . * group able to assert their political power use the law and the criminal justice system to advance their economic and social Position. Criminal laws, therefore are viewed as acts created to protect the haves from the haves not. + (crime is a politically defined concept) * (“real crimes” are not outlawed) + _(the law is used to control the underclass) The * the definition of crime reflect the references and opinions of interactionist people who hold social power in a particular legal jurisdiction - view of able to impose their definition of wht is right/ wrong on the rest of crime the population - stigmatise and label people outside that fall Taking the elements for each school .. outside their definition criminals therefore are individuals that society labels as outcast or deviance because they violated social rules. Crimes are outlawed behaviours because society defines them that way not because they are inherently evil or immoral acts. Moral entrepreneurs or moral crusaders influence the legal process. can formulate an integrated definition of crime: “Crime is a violation of society rules of behaviour as interpreted and expressed by criminal law, which reflects public opinion, traditional values, and the viewpoint of people currently holding social and political power . Individuals who violate these rules are subject it sanctions by state authority, social stigma and loss of status.’ Further discussion: what is a crime? Defining crime is Complexit No one philosophy can adequately explain the modern why differing forms of activity are deemed criminal. Morality, economics, politics, power, public administration, public order and public safety all play a part. K.Williamépre-modern western society - [as in UK] - largely white, male-oriented, Judeo-Christianity tradition + conservatism that accompnaies the desire for stability, order and predictability. Comment on the Consensus approach * essential based on the notion of averting harm to individual and society. J.S. Mill accepted tht the state could always intervene in the liberty of personal conduct to prevent one individual harming another, + This basic liberal ideal has guided the consensus theory in its main aim, the prohibiton ‘od crimes which are mala in se, harmful in themselves, + but more difficult question = how much harm is necessary to trigger the use of the term ‘crime’ and who assesses whether there is consensus? + Amodern portrayal of a consensus theory should take account of autonomy This require a minimalist version of the ahrm principle whereby the criminal law should be used as the las resort of for the most reprehensibl types of wrong doing and individual need as much autonomy as possible whilst guaranteeing a similar freedom to others. .... The state should instigate criminal law to protect individuals from one another. * Tax evasion, racial hatred - affect autonomy + Also crime that involve violation of human rights * ‘risk society’ - risk and uncertatinty give rise to feeling of insecurity - risk or insecurity as. a_reason for creating criminal law- e.g include the control of the mentally disordered and supervision of disorderly juveniles.< criminal justice reaction to terrorism is also a reaction to ‘risk’> + paternalism and consensus - protecting individual vs themselves - ... some consensus theorist would accept the role for the criminal law in protecting individual frm themselves - e.g taking dangerous substance. ‘+ Moral majority - the value of the dominant; question about criminalising matters of private morality: where is the consensus? Criticism of sociological approach * view: an act is criminal not because it is by nature a ‘crime’ but because it is defined as; ie definition of an act as a crime is a social process - crime is constructed by the society or group. + the consensus view is challenged - society is to large to come to a consensus - hence what is criminal is likely to be defined by the dominant group. sociological approach - many schools.. conflict school... ‘© analysis - society is not built on harmony and consensus but rather it is constructed of ‘competing groups who struggle for power. [workers v employer, male v female, race, political groupsjeach of these conflicts is resolved by the more powerful groups enforcing its views and using laws as its weapon.5 ©. the criminal law is constructed to protect the interests of the powerful groups. Neither the individual nor the their behaviour is inherently criminal: the social order has constructed the proscribed areas of behaviour. © Marxist criminology when further - describing criminal law as class-economic conflict; criminalisation of behaviour as a way for the capitalist manipulating the workers. less radical Socialist view - power disparity do contribute but do not dismiss other social factors - culture, personality etc.; the powerful is not necessarily the capitalist; and to some extent the weaker groups acquiesce. > in summary] each of these theories sees crime as an artificially constructed social reality: it is made by particular people to protect the interest of some over those of others. The thesis is that the criminal law is intended to enforce conformity with the norms of those with the dominant interest in a given society. (ashworth 1995, Bauman 2000) e.g crime vs violence is selective: more focus on street violence; publc order type, protect properties/business. for sometime ignore domestic violence (vs spouse and children); also violence by law enforcement corporate [note ENRON, cf ordinary theft] ‘yy ov a more sceptic perception of definition of crime: political opportunism @ further major force shaping criminal law is political opportunism or expediency which often responds to a matter which is of transient public concern or which the media whips into popular issue. (K.William) > there are complex reasons for criminalising an act. Criminalising an act usually take place only because some people want to do an act and others wish to prevent them. On this reading an act us not controlled by use of criminal law because the nature of the act is essentially criminal but because those whose job to formulate such matters within society define it or named it as criminal. (ie.)... some people will do it anyway, the object of criminal law is control it frequency, punish some of it... show state disapproval. * in a democratic system - although the system need to accommodate various interest - the law making system - including the criminal justice system - need to maintain its - legitimacy by reflecting what is might deem as the mainstream morality in its criminal law. explanations therefore need to keep in mind the activities of the State in criminalising and enforcing certain activities. [K.William.p27]