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Chapter 1:
The Changing Boundaries of

Criminology
-Slides and data in this outline are from Adler, Mueller, and Laufer (2007, 2013, 2018 & 2022);

Siegel (2015); and modified by Manning (2007, 2013, 2015, 2018 & 2022).

Exploring the need for criminologists

Criminology & the phenomenon of crime through
natural disasters.

• October 29, 2012 Sandy hits Jersey shore. Billions in damages,
hundreds of deaths.

• March 11, 2011 the most powerful earthquake hit Japan. Tens of
thousands of deaths. No civil unrest or looting—they waited with
civility for a fair distribution of limited supplies.

• January 12, 2010 a 7.0 earthquake hit Port au-Prince, Haiti. Approx.
316,000 dead and without a discernable police presence violence
erupted marked by looting and gang related gunfire.

• August 29, 2005, Katrina devastated New Orleans. Looter took over
the city and 1,500 police on search and rescue were reassigned to
restore oder.

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Covid-19 Pandemic Issues in 2020

• Adler, Mueller and Laufer (2022) state that early on in 2020 it
appeared that the pandemic lockdowns and stay at home orders led
to a decrease in drug and violent crimes.
• However there was an increase in domestic violence.

• We will see later on the total cost of the pandemic resulting from stay at
home orders, masking and vaccination mandates (such as increases in mental
health issues and suicides rates).

Globalization Effects on criminology

• In past societies all produced their own goods.

• Today, worlds economy increasing becoming a “Global Village”.

• Globalization expands the need for criminologists to explore and find
solutions for evolving social issues.
• Economic, Human Rights, and Environmental crimes.

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Human Trafficking and Globalization

• USA alone gets approx. 100,000 humans trafficked for illegal sex and
labor exploitation per year.
• Human trafficking is to the 21st Century what the cold war was to the 20th

Century.

• Sex Trafficking worldwide is over 20.9 million. 98% are women and
children.
• 2 million children per year.

What Criminologists knew about these changing
boundaries.

• Criminologists knew looting was a stage after a natural disaster—due to past
research.

• Criminologists understand globalization increases our risk to transnational crime
and shifting class structures within societies around the world (including our
own).

• Do not be deceived by the media and their symbiotic relationship with
legislatures (Adler, Muller, & Laufer, 2022, p. 13).
• Police shootings, the global village & the econ., school to prison pipeline.
• Where should we focus as criminologists?

• Criminologists are needed to make better policies to protect society from the
harms of crime, from violence to fraud, corporate crimes, political and
transnational crimes.

• In all human activity deviance is possible.

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Defining Terrorism
another changing boundary of criminology

• State Department: the premeditated, politically motivated violence
perpetrated against non-combatant agents, usually intended to
influence an audience.

• Adler: the use of threat of violence directed at people or
governments to punish them for past actions and/or to bring about a
change of policy which is to the terrorist’s liking.

Seven Forms of Transnational Criminality
Hub of Terrorism

• 1, Illicit Drug Trafficking
• Over 1 trillion in dirty money funds illegal activity including terrorism

• 2, Money Laundering
• Repeated movement of funds in unnumbered accounts. Clean money can be used in an open

market.

• 3, Infiltration of Legal Business
• Fronts for terrorist operative to smuggle money, agents and supplies.

• 4, Computer Crime
• ISIS believed to have ability to carry out cyber attacks.

• 5, Illicit Arms Trafficking

• 6, Traffic in Persons
• Human trafficking used to make money. Refugee immigrants have infiltrated by terrorists.

• 7, Destruction of Cultural Property
• Terrorist like Lenin, Hitler, Taliban and ISIS destroy anything apposing their ideology.

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Evolution of the Field of Criminology

• Criminology the term was coined in 1885
• By Raffaele Garofalo

• Concern is on the phenomenon of crime.

• Studying crime and criminality (nature, extent, cause and control of it).

• While Criminal Justice – a relatively new field of study
• 2 closely related fields

• Studying justice related concerns.
• Police, courts and corrections

Defining Criminology

• Edwin H. Sutherland: Criminology is the body of knowledge regarding
crime as a social phenomenon. It includes within its scope the
process of making laws, of breaking laws, and of reacting toward the
breaking of laws…The objective of criminology is the development of
a body of general and verified principles and of other types of
knowledge regarding this process of law, crime, and treatment or
prevention.

• Criminologists: social scientists who collect and analyze data using
modern research methods (verified principles and logic not feelings).

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Criminal Justice focus

• The structure, function, and decision processes of those agencies that
deal with the management and control of crime and criminal
offenders: policing, the courts and corrections.

Criminology is Multi-Disciplined
Classical School of thought vs Positivists

• Rational Choice/classical school – Beccaria

• Psychology

• Biologists

• Political Science – policy

• Anthropology – cultural conflict and values

• History

• Criminal Justice

• Sociologist – social environmental factors

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Deviance and Crime explored

Deviance
• Criminologist use the term

deviance to describe behavior
that violates social norms
including laws.

Crime
• A crime is any human behavior

that violates a criminal law and
is subject to punishment.

Deviance and Crime cont’d

• Who is most likely to be incarcerated?
• Those committing Deviant Acts or Criminal Acts

• Can deviance create social harm?

• Who has the power to determine significance to society?

• Terminology
• Felonies

• Misdemeanors

• Criminal law – by state on behalf of the state

• Civil law – personal loss, pain or suffering.

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Society’s Reactions to Lawbreakers

• Centuries ago wayward entered gates of cities by day passing gallows.
• Or criminals were banished (outlawry) from communities as in the fairytale Little Red

Riding Hood.

• Today jails and prisons dot our countryside.

• Criminologists have influenced how we deal with lawbreakers for centuries.

• Criminological research shows how punishment has often been irrational,
arbitrary, emotional, politically motivated and counter productive.
• Why hasn’t society done a better job at crime prevention then?

• Criminologist are not politicians. Can’t make laws but through sound
research we can influence a better Criminal Justice System.

The Criminal Justice System – briefly
dealing with lawbreakers cont’d

• The Process of Justice
• From initial contact, through post-release

• Crime committed – investigation
• Police make arrest based on probable cause
• Booking (custody) fingerprinting and investigation
• Grand jury hands down its indictment
• Arraignment: formal charges & rights read to defendant
• Bail or detention
• Plea bargaining
• Trial process/adjudication
• Sentencing/disposition
• Appeals
• Correctional treatment
• Release
• Post release/aftercare. if early release on parole.

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Applying theory
Interactionist view of crime

• The moral entrepreneurs define crime: the deviant is one to whom
the label has been successfully applied. – Howard Becker

Consensus View of Law and Crime

• Lawmaking is an accommodation of interests in a society.

• Lawmaking is to produce a system of laws and enforcement to which
everybody basically subscribes.

• Certain acts are deemed so threatening to the society’s survival that
they are designated as crime.

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Conflict View of Law and Crime

• The law expresses the values of the ruling class.

• The criminal justice system is a means of controlling the classes that
have not power.

• Conflict theorists claim that a struggle for power is a far more basic
feature of human existence than is consensus.

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Chapter 10: Violent Crimes
-Slides and data in this outline are from Adler, Mueller, and Laufer (2007,

2013, 2018, & 2022); Siegel (2015); and modified by Manning (2007,
2013, 2015, 2018, & 2022).

Violence is the use or threat of force.

Homicide

• Killing of human being by another.
• Justifiable homicide: sanctioned by law (not always illegal then).

• Criminal homicide
• Murder: intentional killing of another person with malice aforethought.

• First degree: premeditated and deliberate

• Second degree: intentional without premeditation

• Felony murder: intention to commit some other felony.

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Manslaughter
Unlawful killing of another person without malice

Voluntary Manslaughter
• Killing committed intentionally

but without malice.
• Example: in the heat of passion or

in response to strong provocation.

Involuntary Manslaughter
• Killing unintentionally but

recklessly by consciously
disregarding a substantial and
unjustifiable risk.

• Negligent homicide (some states)
• Criminal liability for grossly negligent

killing in situations where the offender
assumed a lesser risk.

• Diane Whipple killed in her hallway by
neighbors dogs (Siegel, 2015).

Homicide Rates in the United States
• Homicide rates are high in USA but are steadily declining.
• 2018 approximately 16,214 murders nationwide.

• 5:100,000 in 2018; 4.5:100,000 in 2014 which was down 6.1% since 2005
• In 1994 it was 9:100,000 (Adler, et al., 2022).

• Regional difference (cities like Chicago, Baltimore, Detroit over rural areas).
• South accounts for 46% of homicides
• Midwest 22%
• West 19.9%
• Northeast 11.9%
• Cities like Chicago

• 1950 most had jobs by 1990 only 1 in 3 had a typical work week.
• 2016 Chicago had the highest homicide rates for any city in US history.

• States: District of Columbia highest, South Carolina 1st, Florida 5th, Michigan
10th, and Maine lowest.

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Characteristics of Murder

• Approximately 78% of murder victims are males.

• Nearly half between 20-34 years old.

• While USA doesn’t have highest homicide rates we do have highest
rates for those under age 15.

• Murder tends to be Intra-racial but not intra-gendered.
• Approx. 90% blacks killed by blacks and 85% of whites by whites (Siegel, 2015).

• Black women account for 75% of our nations female murders (Adler, et.,
2022).

• Stranger homicides only account for about 7.5% in 2018.

• USA highest risk of being murdered by family and acquaintances.

Characteristics of Murder cont’d

• Gang Homicides
• Attributed to social disorganization and lack of economic opportunity

• Killers are generally younger

• 2.5 X more participants.

• Twice as likely to not know the victims

• Increased by stander victims due to drive by shootings.

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Types of Murder

• Serial Murder (serial killers):
• killing of several victims over a period of time.

• Sociopaths: lack internal controls, disregard values, and dominate others.

• Up to 15% are women.

• Men choose victims they render helpless while women choose the helpless.

• Mass murder:
• Killing of multiple victims in one event or in very quick succession.

• Vegas strip mall Oct. 2017 with 59 dead, Orlando Pulse nightclub

• Gang murder:
• Killing of rival gang members over drugs and territory.

Assault

• Attack on a person with an apparent ability to inflict injury and is
intended to frighten or to cause physical harm.
• Battery: results in touching or striking the victim.

• Simple assault: little to no physical harm. Verbal?

• Aggravated assault: Serious harm on the victim or use of a deadly weapon.

• Assaults are the most common violent crimes.
• Often Family Related Crimes

• Spouse abuse: as many as one out of every six couples at least once per year.

• 60% yelling, slapping and pushing. Offender over 80% males for spouse murders.

• Child abuse: 4.1 million reports (abuse/neglect) to Child Protection Services in 2018

• Elder Abuse: estimates of up to 2.5 million annually over age 65

• Physical abuse/neglect. Most common is Hygiene neglect (can be self neglect)

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Rape
• Act of forced intercourse by a man on a women (other than the attacker’s wife)

without here consent.
• Stranger rape (classical rape most reported).

• Occurs when the victim has had little or no prior contact with the offender.

• Predatory rape – Use of deception or force to rape by pretending to engage in legitimate
dating behavior.

• Date rape – force used
• Marital rape and Statutory rape

• Characteristics of Rape (FBI UCR)
• In 2018 there were 139,380 reported rapes to police, up from 2014 stats of 84,041.
• As many as 25% of college female students
• Approximately ½ of offender know their victims – (reported rapes).
• Summertime higher risk.
• Siegel (2015) says rape is violent coercive acts of aggression, not forceful expression of

sexuality. Used as a weapon of war.
• 50% power, 40% anger, and 5% Sadism

Factors of Rape

Psychological factors

• Rapists suffer from mental
illness or personality disorders.

• Offences are committed due to
anger, drive for power, or the
enjoyment of maltreating a
victim.

Sociocultural factors

• Societal norms that approve of
aggression as a demonstration of
masculinity.
• Male socialization – doing gender

• Social disorganization
• societal norms.

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Kidnapping

• Abduction and detention by force or fraud and transport beyond the
authority of the place where the crime was committed.
• Lindbergh Act – 1932

• The Act makes it is a felony to kidnap and transport a victim across a state or national
border.

• Subject to death penalty, unless the victim was released unharmed.

• Often children are abducted by one parent from the primary care taker.

Robbery
• Taking of property from a victim by force and violence or by the threat of

violence.
• In 2018, 282,061 robberies (down from 1997).
• In 1997, 497,950 robberies or 186:100,000 people. This was the lowest robbery rate

since 1985.

• Characteristics of Robbers.
• Professional Robber
• Opportunistic Robber
• Addict Robber
• Alcoholic Robber

• In 2010: Sex 90% male, Age 60% under 25, Race half black & 45% white
• Second degree felony up to ten years in prison (Adler, et al., 2022).

• If attempt to kill – life
• Average 6 years (punishment based on violence not property) (Siegel, 2015).

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Organized Crime
• Many wealthy groups are speculated to have achieved wealth through

unethical means of greed and exploitation.
• Vanderbilt’s & Rockefeller’s?

• Sicilian Immigration to U.S. (1875-1920) from southern Italy (Sicily).
• History of oppression by Roman, Arab, German, Spanish and French soldiers.
• The law is for the rich, the gallows are for the poor and justice is for the fools.

• Mafia (place of refuge)
• Sicilian families that were loosely associated with one another in operating organized

crime.
• Illegal activities

• Gambling, loan sharking, alcohol & drug trafficking, pornography, prostitution, labor
racketeering, murder for hire, theft and fencing.

• Then Infiltrated Legitimate businesses
• Loading and unloading ships, fish and meat industries, liquor, vending machines, waste

disposal, and construction.

Organized Crime cont’d

• Racketeer Influence and Corrupt Organization (RICO) Act
• Attacked racketeering activities

• Racketeering is a racket to make money for providing a corrupt service

• Federal Witness Protection Program
• Protected witnesses who testified in court against organized crime.

• Includes other groups
• Colombian, Bolivian, Peruvian and Jamaican crime families.
• Motorcycle Gangs

• Disillusioned veterans of the Korean War and Vietnam conflict.

• Chinese – Triad
• Israeli and Russian-Jewish Mafia
• Japan’s Yakuza – “Tattooed Men”

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Terrorism

• Groups resorting to violence or threat of violence against opposition
of constituted authority.
• Crucial to the terrorists’ scheme is the exploitation of the media to attract

attention to their cause.

• Worldwide destructive impact
• Resulting in increased costs of security measures.

• War against terrorism
• Longest conflict/war US has very been in.

• Costing around $700 billion per year USA alone

• Global destabilization

• Sustainability?

Other Threats

• Militias
• Michigan Militia (over 10,000 members)

• Stockpile weapons, build bombs

• Linked to Training domestic terrorist Timothy McVeigh and Terry Nichols (1995 Oklahoma
City bombing).

• Hate Crimes
• Stiffer penalties

• School violence
• Columbine 15 dead, VT shootings 2007, Sandy Hook elementary school,

Florida Douglas High School.

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Gun Control Debate

• Illegal gun ownership, gang membership, and drug use are closely
related to gun crime, street crime, and minor delinquency

• Gun Control
• Aims to restrict availability of firearms.

• Stiffer penalties, including mandatory sentences that take offenders off the
streets.

• Right to Bear Arms
• second amendment right to defend oneself and others

• Conceal and open carry decreases crime

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Chapter 11: Property Crimes
-Slides and data in this outline are from Adler, Mueller, and Laufer (2007,

2013, 2018, & 2022); Siegel (2015); and modified by Manning (2007,
2013, 2015, 2018, & 2022).

Crimes Against Property

Larceny
(Theft or Stealing)

• Larceny is the prototype of all property offences: purse snatching, shop
lifting, art theft, and vehicle theft.

• Larceny The most prevalent crime in the USA
• Elements of Larceny

• A trespassory
• Taking and
• Carrying away of
• Personal property
• Belonging to another
• With the intent to deprive the owner of the property permanently.

• Involves a trespass, taking for ones own use the property of another (without
permission), by means other than force or threats on the victim
• Or forcibly breaking into a persons home or workplace with the intent to deprive the owner

of their property permanently.

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Extent of Larceny

• UCR reported 4.2 million thefts in 2018 a rate of 1,594.6: 100,000
• Down some from 2014 when it was 5.8 million.
• NCVS 2 x UCR rates. Neither includes autos. Majority without victim contact.

• 2 types of thieves
• Amateur Thieves – occasional offenders who tend to be opportunists
• Professional Thieves – make a career of stealing
• Edwin Sutherland says the Professional Thieves have 5 characteristics:

• Well developed skills
• Status among subculture group
• Consensus of shared values
• Learn from and protect each other
• They are organized however loosely

Other Types of Larcenies
Shoplifting

• Shoplifting – taking goods from retail stores
• Snitch theft for personal use or out of urge

• Many steal because they want merchandise but can afford it.

• Some thrill steal

• Boosters less than 10% intent to resale for profit

• Controlling shoplifting
• Less than 10% detected

• 45.5% are prosecuted.

• 41% White, 29% Black and 16% Hispanic.

• Over half of shoplifting between noon and 6 p.m.

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Other Types of Larcenies
Art Theft

• Art theft has increased in recent years. It can include shoplifting,
burglary, and robbery to steal an individual art, illegally export art or
pillage archaeological sites.
• “1986 a gang of Irish thieves invaded an estate in Ireland with commando

precision and made off with 11” priceless paintings (Adler, Muller & Laufer,
2018, p. 263).

• Professional art theft requires ability to fence stolen goods.
• No one knows the value as one painting maybe worth $50 and another $50

million.

• Movie and music Art Theft – is a trade mark violation
• A ring of bootlegger may earn up to $50,000 per week selling piracy videos.

Other Types of Larcenies
Motor vehicle theft

• Auto theft –the most reported crime

• 748,841 reported motor vehicle thefts in 2018 (228.9:100,000).
• Up 9% from 2014 but still overall down from 2009 (Adler, Mueller, & Laufer, 2022).

• Types of motor vehicle theft
• Strip and run
• Scissor job
• Valet theft
• Insurance fraud
• Carjacking is considered a combination of auto theft and robbery. Most often (7 out of 10)

with threat of gun.
• Amateurs are most often juveniles joyriding or racing or steal for swag.
• Some (older criminals) use stolen vehicles for long term transportation
• Professional steal based on consignment – can sell altered falsifying registration or part out

vehicles at 3x values.

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Auto and Boat theft prevention

• Auto Theft Prevention
• Steering shaft locks

• High tech tracking systems – Lo-Jack

• Unbreakable Autolock

• Silent Scorpion

• Safer Parking lots.

• Boat Theft –no FBI stats till 1970
• Prevention: lock devices, alarm systems and marina guards

Fraud

• The acquisition of another persons property through cheating or deception.

• Obtaining property by false pretenses.
• The victim is made to part with property voluntarily as a result of the perpetrators untrue

statements regarding a supposed fact.

• Confidence games – offender gains the confidence of the victim and induces the
expectation of a future gain.

• Credit Card theft
• Amateurs use stolen card for 2 to 3 days.
• Professionals contact victim with story (ask for security number)
• Credit card fraud in 2014 exceeded $16 billion (Adler, Mueller & Laufer 2018).

• Check forgery
• Altering a check with intent to defraud.
• Naïve believe no one is harmed

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Auto Insurance Fraud

• Over $60 billion paid insurance claims per year.
• Estimated 10-15% of claims are fraudulent.

• Auto insurance schemes include:
• Staged claims

• Owner dumping

• Abandoned vehicles

• Staged accidents

• Intended accidents

• Caused accidents.

Filing Fraudulent Health Insurance Claims

• Health Insurance schemes include:
• Overutilization

• billing for unnecessary and superfluous tests

• Ping-Ponging
• physicians referring patients to several practitioners when symptoms do not warrant

such referrals

• Family Ganging
• A doctor extends several unnecessary services to all members of a patients family

• Steering
• Doctors direct patients to the clinic’s pharmacy to fill unneeded prescriptions.

• Upgrading
• A patient is billed for services more extensive than those that were actually performed.

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High-Tech Crimes

• Involves the attempt to pursue illegal activities through the use of
advanced electronic media.

• High technology = use of sophisticated electronic devices such as
computers, cell phones and the internet.
• Hacking – Hackers seek entry into a computer system and snoop around often

leaving no sign of entry. They have little criminal intent.

• Criminal intent involves the stealing of credit cards, or sensitive information,
vandalism, and planting of viruses.

High-Tech Computer Crimes

• Types of computer schemes:
• Industrial Espionage – gather info
• Software Piracy
• Pornography Online
• Online gambling
• Mail Bombing
• Password Sniffers
• Credit Care Fraud

• Who are high tech criminals?
• Most hackers are 14-19 year old white males who see themselves as a

counterculture fighting censorship and liberating information from corporations.
• Believe themselves to be modern day Robin Hoods.

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Burglary

• Common law Burglary was the breaking and entering of the dwelling
house of another person at night with the intention to commit a
felony or larceny inside.

• Today the UCR defines burglary as the unlawful entry into a structure
to commit a felony or theft.

• Best evidence of intent (misdemeanor larceny vs felony) what the
burglary actually does from stealing jewelry vs committing a rape.

• Fencing: receiving stolen property
• In 2018 1.2 million burglaries were reported to police. Down from 1.7 in 2014.
• Average loss $2,799
• Account for 1/5th index crimes and most are not cleared.

Arson
• Common Law: only included dwelling of another person.

• Current statutes: include structure other than homes.
• Willful, malicious burning of home, public or commercial buildings, vehicle, crops.

• Considered more violent then B/E but Arson is fairly infrequent

Juveniles account for the
largest share of Arson

3 types of Juvenile fire starters
-Playing with matches
-Crying for help
-Severely disturbed

Adult Arsonists
-Some mental issues = Pyromaniacs
Need to look for the motive to classify others:
-Revenge, jealousy, and hatred
-Financial gain (mostly insurance fraud
-Intimidation and/or extortion (often with
organized crime)
-Need for attention
-Social protest
-Arson to conceal other crimes
-Vandalism and accidental fire setting

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Chapter 12:
-Slides and data in this outline are from Adler, Mueller, and Laufer (2007, 2013,

2018, & 2022); Siegel (2015); and modified by Manning (2007, 2013, 2015, 2018,
& 2022).

White Collar and Corporate Crime.

White Collar Crime defined

• Edwin H. Sutherland, 1940 defines White Collar Crime:
• Crime “committed by a person of respectability and high social status in the

course of his occupation”.
• Not Corporation inclusive!

• A violation of the law committed by a person or group of persons in the
course of an otherwise respected and legitimate occupation or business.

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White Collar Crime Laws and policies

• Sarbanes-Oxley Act of 2002
• Adopts provisions to deter and punish corporate and accounting fraud and

corruption.

• Dodd-Frank Wall Street Reform and Consumer Protection Act 2010.
• Consolidates regulatory agencies

• Created an oversight council to evaluate systematic risk

• Enacted comprehensive regulation of financial markets.
• Increased transparency of derivatives

• Passed consumer protection reforms

• Gave authority to wind down bankrupt firms

• Increased the effect of international standards and cooperation

Occupational Crimes

• Committed by individuals for themselves in the course of rendering a
service.
• Medicare fraud, misuse of clients’ funds by lawyers and brokers, and

substitution of inferior goods.

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Types of White Collar Crimes
• Securities-related crimes

• Churning: practice of trading a client’s shares of stock frequently in order to generate
large commissions.

• Ponzi schemes: Broker takes client funds with promise of high return.
• hides funds in various banks Create fake investment charts
• Works until more want out then new investors can support.
• Bernard Madoff 65 billion, June 29, 2009 150 years in prison

• Insider Trading: Use of material, nonpublic financial information to obtain an unfair
advantage in trading securities.

• Stock manipulation: Trading stocks at low prices and making misleading statements
to clients.
• Some stocks are traded at very low prices.
• Which creates an artificial demand for the stocks.

• Boiler rooms: operations run by stock manipulators.
• Who manipulate uninformed individuals into buying stocks in obscure and poorly financed

corporations.

Types of White Collar Crimes continued

• Bankruptcy Fraud: Scams designed to take advantage of loopholes in the
bankruptcy laws.
• EX: Old company scam where employee bilks system for assets then files chapter 11.

10% of all bankruptcy claims include fraud. 2/3rds involve hidden assets.

• Fraud against government
• Collusion in bidding
• Payoffs and kickbacks to government officials
• Expenditures by a government official that exceed the budget
• Filing false claims

• Inflate cost to hide waste or corruption

• Hiring of friends or associates formerly employed by the government.
• Dick Chainy ties to Halliburton and a closed bid contract to rebuild Iraq.

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Types of White Collar Crimes cont’d

• Consumer Fraud
• Act of causing a consumer to surrender money through deceit or a

misrepresentation of a material fact.
• Forms

• Home improvement fraud
• Deceptive advertising – bait n switch
• Land Fraud
• Business opportunity fraud

• Insurance Fraud
• Policyholders defraud insurers
• Insurers defraud the public
• Management defrauds
• Third parties defraud insurers (car repair shops)

Types of White Collar Crimes cont’d

• Tax Fraud
• Willful failure to file a tax return by keeping two sets of books, shifting funds,

and faking forms. Misdemeanor vs. felony

• Bribery, corruption, and political fraud
• Used to gain favors, special privileges, services and business – felony

• Insider-related fraud
• Use and misuse of one’s position for monetary gain or privilege.

• Embezzlement: conversion of property or money with which one is entrusted or for
which one has a fiduciary responsibility (misappropriation of money or property)

• Employee-related thefts (fictitious overtime claims)
• Sale of confidential information and trade secrets

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Corporate Crime

• Crimes committed by one or more employees of a corporation that
are attributed to the organization itself
• Phases

• Concerns with importance and meaning of corporate personhood

• Rise and immediate fall of vicarious liability

• Strategic risk-shifting by employers and employees

• New era of regulatory law

• Post-guidelines partnership

• Selective use of existing law

• Corporate violence: Hawk’s Next West Virginia example
• Ford Pintos, and Dalcon Shield stories

Models of Corporate Culpability

• Proactive Corporate Fault (PCF)
• Assumes blame where reasonable steps were not taken to prevent an offense

• Reactive Corporate Fault (RCF)
• Considers the corporate reaction to the discovery of an offense

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Models of corporate Culpability cont’d

• Corporate Ethos (CE)
• Culpability derives from corporate ethos, culture, or personality

• Corporate Policy (CP)
• Corporate intentionally is found in decision communicated through policies.

• Constructive Corporate Culpability (CCC)
• Corporate fault is found in the reasonableness of judgment

• What would the average corporation have done?

Government Control of Corporations
• Sherman Antitrust Act (1890)

• Prohibited any contract, conspiracy, or combination of business interests in restraint
of foreign or interstate trade.

• Difficult to regulate corporate conduct since corporate activity has a low
level of visibility.

• Development of US Corporate Criminal Law
• Courts determined corporations have no soul – not criminally liable.
• 1909 courts determined management could be held responsible
• As regulatory agencies and law grew in influence the focus shifted from punishment

to achieving compliance.
• Corporation joined forces with government to rout-out corporate crime
• Problem with sanction guidelines:

• For every sanction increase there is a reduction allowance created for evidence of
organization due diligence.

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Environmental Crimes
types of Green Collar Crimes

• Worker safety/environmental crimes
• Over 20 million workers have been exposed to hazardous material or worked

with unsafe equipment so corporations can max profit.

• Illegal Logging
• Taking trees from protected areas, going over quotas, exporting without paying export

duties.

• Illegal Wildlife Exports – Florida Everglades overrun by pythons.
• Tiger parts, ivory, rhino horns, for hunting trophies, fashion, medicines or bush meat.

• Illegal Fishing – some species reduced by 99% since 1950. shark fin soup.

Environmental Crimes
Types of Green Crime cont’d

• Illegal Dumping and Polluting
• Criminal environmental polluting is dumping substances altering quality of waters

detrimental to human and animal use (fertilizers, herbicides, oil, and animal and
livestock bacterial wastes).

• E-Waste (greed & planned obsolescence)
• Millions of tons of annual high tech electronic waste.

• USA most toxic old phones, tvs, computers and so on ends up in landfills or is
incinerated.

• Often ends up in poor countries dumped near people and water sources (Nigeria, Ghana,
China, Pakistan and India).

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Environmental Crime
Green Collar Crimes

• National Environmental policy Act (NEPA)
• Created the Environmental Protection Agency (EPA)

• Charged with enforcing federal statutes and assisting the enforcement of
state laws enacted to protect the environment

• Environmental Laws
• Clean Water Act (1972)

• Clean Air Act (clear skies initiative)

• Emergency Planning and community Right to Know Act (1986)

• Endangered Species Act (1973)

• Oil Pollution Act (1990)

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Chapter 3:
Schools of Thought Throughout History

-Slides and data in this outline are from Adler, Mueller, and Laufer (2007, 2013 & 2018);
Siegel (2015); and modified by Manning (2007, 2013, 2015 & 2018).

Classical Criminology (Rational Choice theory)

vs. Positivism

Classical Criminology (Rational Choice Theory)
Cesare Beccaria

• -On Crimes and Punishment

• -Father of Modern Criminology

• -Believed in Utilitarianism & Free
Will

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Beccaria’s Principles

• 1. Laws should be used to maintain the social contract.

• 2. Only legislators should create laws.

• 3. Judges should impose punishment only in accordance with the law.

• 4. Judges should not interpret the laws.

• 5. Punishment should be based on the pleasure/pain principle.

• 6. Punishment should be based on the act, not the actor.

•

Beccaria’s Principles
Continued

• 7. The punishment should be determined by the crime.

• 8. Punishment should be prompt and effective.

• 9. All people should be treated equally.

• 10. Capital punishment should be abolished.

• 11. The use of torture to gain confessions should be abolished.

• 12. It is better to prevent crimes than to punish them

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Jeremey Bentham’s
Utilitarianism

• Bentham was concerned with achieving the “greatest happiness of
the greatest number”.

• Utilitarianism assumes all human actions are calculated in
accordance with their likelihood of bringing happiness (pleasure) or
unhappiness (pain).

• Bentham proposed the felicific Calculus (human calculators).
• Human behavior based on happiness

• Punishment as deterrent – certainty over severity

Positivist Criminology

• While classical criminologist – believe people rational choose to
commit crime.

• Positivist criminologist see criminal behavior stemming from three
factors:
• Biological determinism

• Psychological determinism

• Sociological determinism
• August Comte (1798-1857) French sociologist said real knowledge of social

phenomena has to be based on positivist (scientific) approach.

• At first didn’t take off.

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Positivist & Biology
physical reasons for criminality

• Charles Darwin
• Wrote “Origin of Species” (1859)

• Says Animals evolved over time – survival of the fittest.

• In 1871 says he has traced humans origin to apes.

• Future biologist will build on Darwin’s work
• Red hair, cripples, and other would soon be viewed with suspicion.

• If two people were accused of a crime the uglier of them did it.

• Bio – criminal are born not made and can be identified by irregularities.

Biological Determinism

• Physiognomy:
• The study of facial feature and

their relation to human behavior

• Giambattisti della Porta (1535-
1615)
• Believed criminals had large lips &

sharp vision

• Phrenology:
• Posited that bumps on the head

were indications of
psychological propensities.

• Franz Joseph Gall (1776-1832)

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Cesare Lombroso
tied Comte’s positivism to Darwin’s evolutionism

• Theory of the “Born Criminal”

• States that criminals are a lower form of
life nearer to their ape-like ancestors than
non-criminals in traits.

• Born criminals have atavistic stigmata,
physical feature of creatures at an earlier
stage of development before they
become fully human.
• Explore the born criminal women –

Lombroso

Cesare Lombroso Cont’d

• Insane Criminals are not criminals from birth, they become criminals
as a result of some change in their brain which interferes with their
ability to distinguish between right and wrong.

• Criminoloids make up an ambiguous group that includes habitual
criminals, criminals by passion, and other diverse types.
• Lombroso’s theories kept alive most by criticism – not agreement

• Except Nazi Anthropologist

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Enrico Ferri

• Best know of Lombroso’s associates

• Attacked the classical doctrine of free-will
• Says criminals cannot be held responsible as they do not choose but are

driven to commit crime.
• Yet said society must be protected from them

• Which is the purpose of criminal law and the penal code
• Death penalty for those unfit for society.

• Was more interested in controlling crime through preventive measures:
state control of manufacture of weapons, inexpensive housing, and better
street lighting.

• Argued that crime was cause by social, economic, and political
determinants.

Raffaele Garofalo

• Law Professor also rejected free-will

• Garofalo followed Lombroso’s work but found many short comings

• Traced the roots of criminal behavior to psychological features which
he called “moral anomalies”.
• Not physical feature as Lombroso thought.

• Natural crimes are those that offend the basic moral sentiments of
probity (respect for property of others ) and piety (revulsion against
the infliction of suffering on others).

• Supported the death penalty to rid society of its maladapted
members.

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Challenges to Lombrosian Theory

• Charles Goring – studies 3,000 convicts and compared them to
Oxford and Cambridge University students, hospital patients, and
soldiers.
• Says facial features and size of head better predictor of Scottish vs

English educators
• Not professor vs criminal.

• Goring’s assistant Karl Pearson
• Successfully disputed Lombroso’s claim of the “Born Criminal”.

William Sheldon’s Somatotypes
1970s return to biology

• 1. Endomorph – asthenic, schizophrenia

• 2. Mesomorph – athletic, schizophrenia

• 3. Ectomorph – Pyknic, manic depression
• He argued that mesomorph tended to be involved in illegal behavior

more then others.

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Richard Dougdale
& Inherited Criminality

• Studied the Jukes family

• Ada Jukes, “mother of criminals”

• Of the 1,000 descendants Dougdale found 280 paupers, 60 thieves, 7
murderers, 40 other criminals, 40 persons with venereal disease, and 50
prostitutes.

• Dougdale argued that they were transmitting a degenerate trait to the next
generation.
• US Supreme Court Justice Oliver Wendell said in 1927 “It is better for all the

world if instead of waiting to execute degenerate offspring for crime…society
can prevent those who are manifesting unfit…Three generations of imbeciles
are enough” (Adler, Muller, & Laufer, 2018, p. 63).

• Some states supported sterilization of habitual offenders.

Bio/Psychology

• While much of the earlier determinist focused on physical feature.

• Isaac Ray (1807-1881) focused on “Moral Insanity”. He questioned if
we could hold criminal legally responsible when they committed
crimes without intent.

• Henry Mandsley (1835-1918) believed for many crime is an outlet “in
which their unsound tendencies are discharged, they would go mad if
they were not criminal” (Adler, Mueller, Laufer, 2018, p. 65).

• Later psychological IQ test ran out of favor when a study of criminals
scored higher then WWI Veterans.

•

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Sociological Determinism

• Adolphe Quetelet (1796-1874) & Andre-Michel Guerry (1802-1860)
• Where among the first scholars to refute Beccaria’s free-will.

• It’s the environment not simply a choice.
• Poverty, age, sex, race and climate influence human behavior.

Gabriel Tarde
rejects Lombrosian Theory

• Sociological Determinism
• People are not born criminals – its social environmental factors

• Society causes criminality not decisions of individuals

• Focus on groups rather than individuals

• Poverty, age, sex, race, and climate.

• Learning criminal behavior based on Laws of Imitation.
• Interaction based on intensity and frequency

• Inferiors imitate superiors

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Durkheim
cohesive vs contemporary society

• Consensus versus opposing structures

• Crime as a normal part of society

• Crime creates social solidarity
• When a cohesive society punishes its to reinforce social values (right &

wrong).

• When modern (heterogeneous) societies punish the focus is on righting
a wrong done to the victim and reinstating social order.

• Anomie: Normlessness, a breakdown of social order as a result of a
loss of standards and values.

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Chapter 4: Psychological & Biological
Perspectives (Trait Theory)

-Slides and data in this outline are from Adler, Mueller, and Laufer (2007, 2013,
2018, 2022); Siegel (2015); and modified by Manning (2007, 2013, 2015, 2018 &

2022).

Psychology explores psychosis as a cause of anti-social behavior and
criminality.

Biology explores the physical explanation for psychotic and antisocial behavior.

Trait Theory: views criminality as abnormal products of psychological and
biological traits.

A Third factor: Social Environmental

Should the mentally ill be able to stand trail?

• Jared Lee Loughner story
• Oct. 2010 kicked out of college for outburst

• January 8, 2011 shot 19 including Congresswomen Gabrielle Gifford (6 died).

• May 25, 2011 ruled incompetent to stand trail

• June 26, 2011 removed from court for outburst.

• August 2012 deemed fit for trial.
• Sentence: life without parole.

• Should the mentally ill have access to guns?

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Psychoanalytic Theory

• The psychoanalytic theory links criminality to three possible causes:
• A conscience so overbearing it arouses feelings of guilt.

• A conscience so weak it cannot control the individuals impulses.

• The need for immediate gratification

Sigmund Freud

• The 3 basic components of human psyche.
• Id: powerful urges and drives for gratification

• Ego: moderator between id and superego
• Immature with poor social skills

• Superego: moral code or conscience (moral standards)
• When week individuals don’t understand consequences of actions = criminality

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Three Basic Principles of Psychologist Who Study Crime

• Actions and Behaviors of adults are understood in terms of childhood
development.

• Behavior and unconscious motives are intertwined, this interaction
must be unraveled to understand criminality.

• Criminality is a representation of psychological conflict.

Lawrence Kohlberg
Moral Development Theory

• Moral Reasoning
• Pre-conventional level: Children’s moral rules and values consist of do’s and

don’ts to avoid punishment

• Conventional Level: Individuals believe in and adopt the values and rules of
society.

• Post-conventional Level: Individuals examine customs and social rules based
on their own sense of human rights, moral principles and duties.

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Social Learning Theory

• Delinquent behavior is learned through the same psychological
process as other behavior.

• Behavior is learned when it is reinforced or rewarded.

• Don’t reinforce bad behavior.

• Cognitive Theory
• How people perceive and mentally represent the world around them and

solve problems.

• Information Processing Theory
• How we store, encode, retrieve, and manipulate info to make decisions and

solve problems.

Observational Learning

• Albert Bandura says individuals learn violence and aggression through
behavior modeling.

• Children learn how to behave by fashioning their behavior after
others.

• Mental Scripts:
• May learn improper scripts that individuals may or may not grow out of.

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Instigators of Aggression

1, Aversive Instigators – conditions of life

2, Incentive Instigators – rewards $$$

3, Modeling Instigators – observed

4, Instructional Instigators – observed

5, Delusional Instigators – bizarre beliefs

Differential Association Reinforcement

• Ernest Burgess and Ronald Akers:
• Persistence of criminal behavior depend on whether or not it is rewarded or

punished.

• The most meaningful rewards and punishments come from important people:
peer group, family and so on.

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Hans J. Eysenck
Conditioning Theory

• All human personality is seen in three dimensions
• Psychoticism: aggressive, egocentric, and impulsive.

• Extroversion: sensation-seeking, dominant and assertive.

• Neuroticism: low self-esteem, excessive anxiety, and wide mood swings.
• Extreme extroverts are at higher risk of antisocial behavior.

Mental Disorders and Crime

• Psychopathy, sociopathy, or antisocial personality:
• Personality characterized by the inability to learn form experience, lack of

warmth, and absence of guilt.

• Crime and Mental Illness
• Most dangerous are psychotic disorders such as schizophrenia and bipolar.

• Related more toward assaults and arson.

• Schizophrenia
• Marked by hearing voices, seeing hallucinations, and inappropriate responses.

• Bipolar disorder
• Emotional disturbance with wide mood swings between elation and deep depression.

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Biocriminality

• The study of the physical aspects of psychological disorders.
• IQ Debate

• Nature versus Nurture debate
• Nature Theory: intelligence is largely determined genetically and its linked to

criminality.
• Those with high IQ in bad environment avoid crime.

• Nurture Theory: intelligence is not inherited but is largely a product of the
environment.
• Low IQ maybe the result of environmental factors (family structure, education).
• High IQ in a good area may avoid crime because of resources.

• A bad neighborhood will not make a well adjusted commit crime.
• While a good neighborhood will not prevent maladjusted from crime.

Twin Studies

• Monoxygotic (MZ) Twins develop from a single egg that divides into
two embryos.

• Dizygotic (DZ) Twins develop from two separate eggs – fraternal.

• Johannes Lange found 10 of 13 pairs of identical twins – both twins
were criminal.
• While only 2 of 17 pairs of fraternal twins.

• Was this genetic or caused by social condition?

• Adoption Studies.

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Biological Trait Theories

• The evolution of gender and crime
• Focuses on gender differences

• Females look for secure home, single stable nurturing man for survival.

• Survival of the gene pool
• Aggressive males mate with many partners lacking conscience and emotional bonding.

• Aggressive males have had the greatest impact on the gene pool
• Does this explain man’s history of war and violence?

XYY Syndrome

• The XYY male receives two chromosomes from his father.

• 1 in 1,000 males have this.

• Supposed to make males more aggressive, taller, and violent.

• Studies have discounted this theory.

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Biochemical Factors

• Diet – kids and sugar, food additives and allergies
• Twinkie Defense (Dan White in 1979 sentence reduced to manslaughter)

• Brain tumors

• Hypoglycemia

• Hormones
• Androgen – male sex hormones like dopamine.
• Testosterone – most common androgen (natural high levels or animal based)
• Premenstrual syndrome – triggers female sex hormones
• Lead exposure – cause delinquency, schizophrenia
• Environmental contaminants: Lead, PCBs, air pollution can cause neurological

defects affecting IQ and behavior.

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Chapter 8:
Labeling, Conflict & Radical Theories
-Slides and data in this outline are from Adler, Mueller, and Laufer (2007, 2013, 2018,
& 2022); Siegel (2015); and modified by Manning (2007, 2013, 2015, 2018. & 2022).

Labeling Theory
or Social Reaction Theory

• Labeling theorist began to explore how and why certain acts were
defined as criminal or deviant while others were not, and how and
why certain people were defined as criminal or deviant.

• Howard S. Becker
• Deviance is not a quality of the act the person commits, but rather a

consequence of the application by others of rules and sanctions to an
“offender”. The deviant is one to whom that label has successfully been
applied, deviant behavior is behavior that people so label.

• When ones deviance is known they are segregated from society and labeled.
• This creates outsiders our outcasts.

• One begins to associate with others just like themselves.
• More people in society think and react to the outcaste as deviant.

• Ones self-image gradually changes.
• W. I. Thomas Theory

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Frank Tannenbaum

Dramatization of Evil
• Criminals are created in a process of tagging, defining, segregating,

making conscious and self-conscious.

• It becomes a way of evoking the very traits that are complained of.

Edwin Lemert: Primary versus Secondary Deviance

• Primary deviation: initial deviant acts that bring on the first social
response.
• These acts without labeling to not affect individual self-concept.

• Secondary deviation: the acts that follow societal response.
• The major concern is secondary deviance.

Edwin Schur
labeling theory

• Human behavior is deviant to the extent that it comes to be viewed
as involving a personally discreditable departure from a group’s
norms and expectations and elicits interpersonal and collective
reactions that serve to:
• “isolate”, “treat”, “correct”, or “punish” individuals engaged in such behavior.

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Howard Becker
Moral Entrepreneurs make the rules

• Moral Entrepreneurs make the rules that define deviant behavior including
crime.

• The process becomes a political one pitting rule makers against rule
breakers.

Labeling theory in application:

• Civil Rights movement – MLK

• Women’s liberation – voting and what job can I do

• Vietnam protesting, draft card burning
• Kent State 1970

• ACLU’s stance against racial profiling
• Black lives matter.

Empirical Evidence for Labeling
two studies

• Study One: 13 volunteers admitted into various mental hospitals.

• Study two: class and inequality in treatment of juvenile delinquency.
• Saints – owned cars, athletes, apologetic.

• Roughnecks – highly visible and outspoken.

• Once labeled part of a group, is it possible to exit?

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Consensus Model
Durkheim

• Consensus Model assumes that member of society by and large agree
on what is right and wrong and that law is the codification of these
agreed-upon social values.

• The law is the mechanism to settle disputes that arise when
individuals stray too far from what the community considers
acceptable.
• We can say that an act is criminal when it offends strong and defined states of

collective conscience.

• When members of a society unite against a deviant they reaffirm their
commitment to shared values.

Conflict Theory
Karl Marx

• The conflict model assumes that laws do not exist for the collective
good, they represent the interests of specific groups that have the
power to get them enacted.

• The key concept in conflict theory is power.

• The laws have their origin in the interest of the few, these few shape
the values, and their values shape the laws.

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Conflict Theory explored

• Primitive societies offered more consensus.

• Conflict: if there is consensus then
• Why are there so many crimes

• So much rebellion

• So many in prison

• Those with power work to keep the powerless at a disadvantage.

• Enforced constraint rather than cooperation holds society together.

Conflict exploration continued
• Forms of power used to control society

• Control over goods and services
• Unequal Education: creating drop out factories (school to prison pipelines).

• Economic power

• Police power, war power
• Police decide when to arrest, DA when to pursue charges, judges have discretion too.

• Political power

• Ideology (beliefs & values used to oppress)

• Society is in a constant state of conflict, one of the principles in which
an ongoing society depend on.
• Criminologist believe that one possible cause of crime can be linked to

economic, social and political disparity.

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Marxist ideology:
Radical Theory, or Critical Criminology

• Marxist
• Capitalism breeds egocentricity, greed, and predatory behavior.
• History of class struggles: freeman and slave, lord and serf, oppressor and

oppressed.
• Bourgeoisie versus Proletariat.
• Exploitation of workers in pursuit of surplus value:

• Profits produced by laborers gained by business owners.

• Revolution is only thing to bring change (morally justifiable)

• Rusche & Kirscheimer made penologist aware that the severe and
cruel treatment of offenders had more to do with (lack in) value of
human life and the needs of the economy than with preventing
crime.

Radical Theory/critical criminology

• Richard Quinney (1973)
• The state is organized to serve capitalist ruling class

• Criminal law is used by ruling class to maintain social and economic order.

• Subordinate classes remain oppressed by any means necessary

• Solution – the collapse of capitalist societies

• Critics point out failing socialist societies
• Soviet Union, Poland, Germany and others.

• Quinney – a true Marxist state has not yet been attained, but the
ideal is worth pursuing.

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Emerging Forms of Radical/Critical Criminology

• Radical Feminist Theory
• Explains both victimization and criminality among women in terms of gender

inequality, patriarchy, and the exploitation of women under capitalism.
• How does domestic violence relate to masculinity and “doing gender”?

• As women’s education access, political power and economic liberation rise
victimization decreases.

• Abolitionist – community based distribution of power/resources
• Return to communities to fix power differences.

• Anarchist Criminology
• Communities are destroyed by the state causing crime.

• Solution chaos.

Emerging Forms of Radical/Critical Criminology

• Peacemaking Criminology
• Purpose of criminology is to promote a peaceful, just society.
• Punitive crime control strategies are counterproductive.

• L. Tift and D. Sullivan first to write these views in 1980s.
• Harsh punishment increases crime and marginalization.

• Favors humanistic conflict resolution to prevent and control crime.
• We need to become connected and responsible to and for each other.

• Restorative Justice concept
• Nonpunitive strategies for prevention and control of crime.

• Failure of old punishment policies (67% recidivism rate).

• Requires that society address victims harms and needs, while holding the
offender accountable to right those harms. Involving victim. Offender and
community in a healing process.
• Goal is to achieve reconciliation

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Chapter Two: Defining Crimes and
Measuring Criminal Behavior

-Slides and data in this outline are from Adler, Mueller, and Laufer (2007, 2013,
2018 & 2022); Siegel (2015); and modified by Manning (2007, 2013, 2015, 2018

& 2022).

Scared Straight Program – 1978 Rahway Max Prison

-Politically motivated –fit the get tough on crime bill

-Three year post experiment study shows evidence must be evidence based

-Criminologists embrace a systematic empirical study of the nature and extent of crime.

Example of successful criminology research based policy:

-Domestic violence research between 1981-82 shows police counseling and temporary separation was
not effective.

-Now there are more mandatory arrest being made.

7 Basic Requirements for an Act to be a Crime
Defense must prove failure of a basic requirement

• 1. The act requirement – mind & Body
• Conscious act not an unconscious act or reaction
• Not a status or condition

• 2. The legality requirement – prohibited by law
• Thoughts without action – no crime
• Choosing to not fill out sex registration forms – is a crime
• Good Samaritan?

• 3. The harm requirement

• 4. The causation requirement
• Behavior in question caused the harm – not a 3rd party

• 5. The mens rea requirement (guilty mind)

• 6. The concurrence requirement
• Must be a criminal act with criminal intent (Ex: striker – rock –window)
• Exceptions – felony murder

• 7. The punishment requirement – its must already exist

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Criminal defense negates basic ingredients of
crime.

• Crime – must be known to the police

• Not all crimes reported are cleared

• DA will not always prosecute

• Defense negation of crime elements examples:
• Insanity defense; legality requirement lacking; duress, self-defense.

• State tries cases on behalf of the state
• Victims can file civil law suits for pain and suffering

Typologies of Crime

• The French created the following three categories accepted
worldwide
• Felonies – severe

• Misdemeanors – minor

• Violation – fines

• As Criminologist we will also focus on the following
• Violent crime

• Crimes against property

• White collar and corporate crime

• Drug, alcohol and sex-related crime

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Reasons for Measuring Crime

• Researchers collect and analyze data to test theories about why
people commit crime.

• Researchers and criminal justice agencies need to enhance their
knowledge of the characteristics of various types of offenses.

• Criminal justice agencies depend on certain information to facilitate
daily operations and anticipate future needs.

The Research Process

• Topic – research question

• Theory: is a set of principles that explain how 2 or more phenomena
are related
• May choose to use a hypothesis or not.

• Methodology (qualitative vs. quantitative)
• Will you use secondary data or primary data

• Analysis
• What did you do, findings, discussions and conclusions

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Exploring and defining the Thesis Process

• Abstract

• Introduction

• Methodology – Analysis of secondary data

• Theory

• Methodology – Exploration of primary data

• Findings

• Discussion and Conclusions

• References

Methodologies used to Collect Primary Data on Crime

• 1. Survey Research
• And interviews

• 2. Experiments

• 3. Observation

• 4. Participant Observation

• 5. Case Studies

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Surveys
and interviews explored

• The systematic collection of respondents’ answers to questions asked
in questionnaires or interviews.

• Population

• Sample

• Random Sample

Experiments

• An investigator introduces a change into a process and makes
measurements or observations in order to evaluate the effects of the
change.

• Variables:
• Independent Variable A causes Dependent Variable B to Change

• Control Group
• Pretest and post test

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Participant and Non-Participant Observation

• In participant observation the researcher may join and participate in
the activities of the group being studied.

• In observational research the researcher observes the group being
studies but is not a participant in the activities.

• This process may be used to study criminals, prisoners, prosecutors,
or police officers.

Case Studies

• A case study is an analysis of all pertinent aspects of one unit of study,
such as an individual, an institution, a group or a community.

• Sources of information may be life histories, biographies, diaries,
journals, letters, and other records.
• Edwin Sutherlands “The Professional Thief”

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Ethics and Research in Criminology
researcher responsibilities studying “vulnerable populations”

• Should the results of interviews be published?

• If the research does not disclose names could the participant be
obstructing justice?

• Is there confidentiality for a criminal suspect?

• Does a researcher have to turn over his/her files if requested by the police
or court?

• Should criminologists be immune from prosecution?

• Is it possible to develop a technique that can ensure against identification
of the subjects in a file?
• Informed consent, avoid invasion of privacy
• Do no harm: mental, physical or financial harms

Major Sources of Crime Information

• Uniform Crime Report (UCR) – Part I and Part II offenses
• Published by the Federal Bureau of Investigation

• J. Edgar Hoover given permission in 1930 (FBI)

• Part II offenses
• 21 crimes (all non part I except traffic violations)

• Ex: fraud, embezzlement, weapons, vandalism, simple assaults, sex crimes, drugs,
gambling, disorderly conduct and vagrancy.

• National Crime Victimization Survey

• Self-Report Studies

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FBI Part I Index Offenses

• Strengths
• Most consistent source of homicides and arrests

• Weakness
• Many crimes not reported, there are reporting errors, most drug crimes omitted, white collar crimes omitted.
• Does not differentiate between attempted and completed.
• Cleared only means an arrest was made.

Crimes against the person
-Murder
-Rape
-Assault
-Robbery

Crimes against property
-Burglary
-Larceny
-Motor Vehicle Theft
-Arson

Victimization Surveys

• National Crime Victimization Survey (NCVS)

• Measure the extent of crime by interviewing individuals about their
experiences as victims.

• Published by the Bureau of Justice Statistics

• 90,000 households, 160,000 people
• Cycle reports every three years.

• Covers time, place, offenders, weapons etc.

• Strengths:
• includes crimes not reported, careful sampling of gen. pop.

• Weakness: relies on victims memory and honesty (telescoping).
• One index crime not included- which one?

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Self-Report Surveys

• A self-report study ask people to report their own criminal acts in a
confidential interview or, more commonly, on an anonymous
questionnaire.

• These reports have demonstrated very high rates of law-violating behavior
by seemingly law-abiding people.
• Most violate some laws.

• Strengths:
• includes non reported crimes, substance abuse and personal information.

• Weakness:
• focus on petty crimes
• Honesty of self-reporting participants.

Crime Trends
• Crimes rose slowly between 1930-60.
• Rose fast from 1960-1980 and then dropped till 1984.
• Peeked: rose until 1991.
• Crimes have been decreasing since 1991.

• Between 2014 and 2018 there was a 4.7% increase in violent crimes with a 14.6%
decrease in property crimes (Adler, Mueller, & Laufer, 2022, p. 44).

• More crime happens in the Southern states.
• More crime in urban areas
• More victimization within five miles of home and in your own home
• 50% violent crimes happen between 6 a.m. – 6 p.m.

• 67% of sexual assaults, household larcenies, and 75% of motor vehicle theft happens
at night.

• While most juvenile crimes occur after school 3 p.m. – 7 p.m.

12/28/2021

10

Age and Crime

• Peek Crimes years 16-24
• Siegel (2015) says 16 for property crime and

• 18 for violent crime

• Half of all arrest are of individual under age 25

• Juveniles account for 15% of all index crimes in 2006 at 8% of pop.
• 25% of larceny theft and 50% of all arson arrests.

• Arrest rates decline after age 30

Aging Out Vs. Life Course Perspectives

• Aging out phenomenon
• Too old for crime – employment and relationships.

• Life Course: environmental factors
• Class, poverty, unemployment, peers and opportunity

• Chronic Offenders – a study of Philadelphia youth born in 1945
• 1972 publication on the males (9,945)

• 35% contact with police by age 18, 46% of the offenders were one time offenders, 18% five or
more which was 6% of the total group studied know as the Chronic 6%.

• The females (14,000

• 14% police contact by age 18, of those 60% one time offenders, 33% repeat and 7% of total
group were chronic offenders

• Less violent crimes.

12/28/2021

11

Sex and Crime

• Males commit more crimes than females at all ages

• Arrest ratio: 3:1 however, the gap is closing

• 1960s females accounted for only 11% of total arrests.
• 2013 textbook stated 23% and now its 35% (Adler, Mueller & Laufer, 2022).

• Female crimes are rising faster then the rate of boys.

• What Three offences do women commit more than men?
• Prostitution, shoplifting, and welfare fraud.

• Explanation: as women’s social, economic and political power increases so
has their criminal activity (movies: wonder women and star war Jedi).
• While more poor and more patriarchal families tend to restrict girls roles.

Race and Crime

• Blacks constitute 12.1% of USA pop. Yet 27% of all arrest for index
crimes (Adler, Mueller, & Laufer, 2022).
• 50% of black urban males are arrested for an index crime once in their

lifetime compared to 14% of white males.
• 18% of blacks serve some time in prison but only 3% of white males.
• Blacks have a higher risk of death do to violence.

• Debating the explanations:
• Does it represent a bias CJ system? Or do Blacks commit more crimes?
• While debates over class and crime remains controversial there is no debate

over the class of those in prison? Most made less then $5,600 before prison.
• Lower class commit more serious crimes (burglary, robbery, assaults and

sexual assaults).

12/28/2021

1

Social Control Theory
-Slides and data in this outline are from Adler, Mueller, and Laufer (2007, 2013, 2018, & 2022); Siegel
(2015); and modified by Manning (2007, 2013, 2015, 2018, & 2022).

T H E T H E O RY FAVO R E D BY M O S T C R I M I N O LO G I S T

Social Control theory
Social control theory focuses on techniques and strategies that regulate human behavior leading
to conformity or obedience to society’s rules.

Influences (family & school, religious beliefs, moral values, friends, & beliefs regarding
government).

12/28/2021

2

Theories of Social Control
MACROSOCIOLOGICAL STUDIES

Explore the legal system, particularly law
environment

Powerful groups

Social & economic government directives

MICROSOCIOLOGICAL STUDIES

Focus on informal systems

Data based on individuals

Examines one’s internal control system

Travis Hirschi
Social Bonds

Attachment: to parents, teachers, peers

Commitment: to conventional lines of action
◦ Educational goals

Involvement: with activities that promote the interests of society
◦ Homework or after school programs

Beliefs: acceptance of societies values
◦ Belief that law are fair

Hirshi’s Hypothesis was that Stronger the bonds = less delinquency & weaker bonds = increased
risk of delinquency

Scientific Research shows support:
◦ Hirshi conducted a self-report survey on 4,077 high school students in CA.

12/28/2021

3

Critics of Hirschi’s Bond theory
Criticism of social bond theory

◦ The influence of friendship
◦ Drug abuser stick together

◦ Failure to achieve
◦ Failing in school = few legitimate means

◦ Deviant parents and peers
◦ Gang member also create social bonds.

◦ Mistaken causal order
◦ Deviance may brake parental bonds

◦ Hirschi also counters the critics
◦ These bonds are weak and only created out of need – drug abuser will turn on one another.

Gresham Sykes and David Matza
Delinquency and Drift
Drift

◦ Most deviants also hold value in social norms.

◦ Must use tech. of neutralization to drift in and out of criminality.

Observation of neutralization:
◦ Criminals sometimes voice guilt over their illegal acts.

◦ Offenders frequently respect and admire honest, law abiding people (entertainers, & preachers).

◦ Criminal define whom they can victimize

◦ Criminals are not immune to the demands of conformity.
◦ They go to school, family functions and church.

12/28/2021

4

Gresham Sykes and David Matza
Delinquency and Drift

Techniques of neutralization:
◦ Denial of Responsibility

◦ Not my fault – accident

◦ Denial of Injury – No one hurt

◦ Denial of the Victim – Victim is no saint

◦ Condemnation of the Condemner
◦ Everyone has done worse things

◦ Appeal to Higher Loyalties
◦ Couldn’t let my friends down

◦ Studies show most adolescents know when they deviate
◦ So they use neutralization techniques to justify their behavior.

◦ Critics: Many adolescents have no empathy.
◦ Crimes are most often intraracial and within familiar areas.

Albert J. Reiss
Delinquency is the result of

◦ A failure to internalize socially accepted and prescribed norms of behavior.

◦ A breakdown of internal controls

◦ A lack of social rules that prescribe behavior in the family, school, and other important social groups.

Social Disorganization and crime

What if you grew up in the slums with your mother selling heroin out of your apartment
◦ Where would you be?

While slums create more crime some individuals find a greater stake in conformity and embrace
laws.

12/28/2021

5

Walter Reckless
Containment Theory

Containment Theory assumes that for every individual there exists a containing external
structure and a protective internal structure, both of which provide defense, protection, or
insulation against delinquency.

External
◦ Family, laws, and peers

Internal
◦ Self concept, ego and conscience

Walter Reckless
Outer Containment

A role that provides a guide for a persons activities (i.e. Teacher/student).

A set of reasonable limits and responsibilities (i.e. Roles defined).

An opportunity for the individual to achieve status.
◦ Promotion or graduation

Cohesion among members of a group including joint activity and togetherness.
◦ Integrated and inclusive

A set of belongingness (i.e. identification with the group).

Identification with one or more persons within the group.

Provisions for supplying alternative ways and means of satisfaction when one or more ways are
closed.

12/28/2021

6

Walter Reckless
Inner Containment

A good self-concept

Self control

A strong ego

A well developed conscience

A high frustration tolerance

A high sense of responsibility

General Theory of Crime
Travis Hirschi and Michael Gottfredson

Designed General Theory to explain and individuals propensity to commit crime.

Assumes that the offenders have little control over their own behavior and desires.

Crime is a function of poor self-control
◦ Poor child rearing, poor attachments

◦ People with low self control may drink too much, smoke and have unwanted pregnancies.

12/28/2021

7

Theory Informed Policy
Delinquency prevention through teaching values.

Family – role model study habits.

School –bond youth to conventional systems

Neighborhood – federally funded programs can reduce crime
◦ Examples: crisis intervention centers,

◦ and mediation between schools and youth, youth and police and youth and gang intervention.

11/3/2017

1

Chapter 13: Public Order Crimes
-Slides and data in this outline are from Adler, Mueller, and Laufer (2007, 2013 &

2018); Siegel (2015); and modified by Manning (2007, 2013, 2015 & 2018).

Drug abuse and crime

Alcohol and crime

Sexual morality offenses

Law and Morality

• Public Order Crimes
• Behavior that is outlawed because it threatens the general well-being of

society and challenges its accepted moral principles.

• Sometimes referred to as victimless crimes.
• Drug and alcohol use, prostitution, pornography and even gambling.

• Censorship of those freely choosing to engage maybe a violation of free
speech.
• Which may lead to dissent

• Moral Crusaders say it doesn’t diminish freedom of opinion.

Law and Morality

• Criminal or Immoral?
• Social harm

• Immoral acts can be distinguished from crimes on the basis of the injury they cause:

• Acts that cause harm or injury are outlawed and punished as crimes.

• Acts, even those that are vulgar, offensive, and depraved are not outlawed or punished if they
harm no one.

• 500,000 US deaths per year due to alcohol and tobacco

• Immoral yet legal and regulated by our government.

• Marijuana is nonfatal and sold for medical purposes

• Should laws be applied to shape social morality?

• What about polygamy, or minors and marriage?

• Why is prostitution illegal?

11/3/2017

2

Substance Abuse: when did it begin?

• Egypt – use of opium
• Religion 3,500 BC; Painkiller 1,600 AD

• USE – Use begins for medical purposes
• Opium (Morphine and Codeine)
• Used to treat a wide variety of illness
• Civil War morphine = Soldiers disease
• 1860s cocaine to unblock sinues.

• Alcohol and its prohibition
• January 16, 1920, the 18th Amendment prohibited the manufacture, sale and

transportation of alcoholic beverages.
• Women’s Christian Temperance Union
• American Anti-Saloon League (Carrie Nation).

• December 5, 1933, the 21st Amendment to the Constitution repealed 18th.

Stats on drug abuse

• Extent of substance abuse
• Alcohol abuse in USA national high school studies: approximately 52%

• Binge drinking – 5x once per month 23%

• Heavy drinking – 5 per night 5 x per month 6%

• NHS surveys show:
• Drug abuse declined between 1970-1990

• Increased until 1996

• 2007 till now marijuana rose to an all time high

• Major issues: K2 and spice is synthetic marijuana (not plant based)

• Overall drug used peaked in 1970s, decreased till 1990s and now steady.
• Exceptions: Marijuana and Heroin (US epidemic) has increased since 2011

Drug abuse linked to crime

• Substance abuse appears to be heavily linked to crime.
• Adolescents who use illegal drugs engage in more fights and theft.
• 40% incarcerated adults for violence crimes used alcohol before arrest.
• Alcohol reduces restraint on aggression
• Alcohol reduces awareness of consequences

• Drunk driving

• There are different kinds of drug users but not all commit crimes.

• There are differences in criminality among drug users.
• Sometimes drug use leads to crime.
• Sometimes crime is needed to finance drug addiction
• Sometimes drugs are need to commit crime
• Sometimes drug use and crime coincide

11/3/2017

3

Criminality and global issues of drug addiction

• Money laundering: concealing illegally obtained money

• Catastrophic political impact on drug producing countries.
• High incidence of corruption and crime

• Government instability and coups

• Alliance of drug dealers with terrorist groups.

Legislative Acts Regulating Drug Use in the US
• Pure Food and Drug Act (1906)

• List habit forming drugs on labels. Prohibited opiates.

• Harrison Narcotics Act (1914)
• Prohibit import, manufacture, and sale of narcotics.

• Marijuana Tax Act (1937)
• Registration and tax of $100 for one once.

• Comprehensive Drug Abuse Prevention and Control Act (1970)
• Set up unified categories of drugs.
• Set specific punishments for sales, manufacture and possession.

• Anti-Drug Abuse Act (1986) – increased penalties
• 10 years for trafficking kilo of heroin (one year for simple possession)

• Title 21 of US Code updated Amendments passed since 1970
• Anti-Drug Abuse Act (1988)

• Bush 1st admin added death penalty for drug related killings.

Drug Control Strategies

• Treatment approach through:
• Self-help groups and psychotherapy (AA and NA)

• Detoxification

• Community social action efforts

• Residential therapeutic communities
• In patient out patient therapy. Cost and requires self motivation.

• Methadone maintenance programs.

• Education problems – DARE

• Drug Testing – at work and possible welfare qualifications

• Drug court.

11/3/2017

4

Legalization of Alcohol
• Ratification in 1971 of the twenty-sixth Amendment of the US Constitution

lowered the minimum drinking age.
• Later raised it back to 21 state by state.

• Legalization of all drugs
• Some say it should create an epidemic of drug dependents.
• War on drugs cost more than $500 billion in past 20 years.
• More people die each year from legal drugs than illegal.
• No commodity sales are more lucrative than drugs.
• Historically people have always used drugs. – adult choice.
• Prohibition of alcohol increased crime.
• legalized government control and regulation.

• Cheaper = less crime to pay for habit
• No need for drug cartels decreasing violence.
• Gov. would rap large tax profits.
• Netherland did it and still relatively crime free.

Deviant sexual Intercourse/paraphilias

• Outlaws paraphilias or deviant sex acts.
• Frotteurism – rubbing or touching non consenter

• Voyeurism

• Exhibitionism

• Sodomy (past)
• 2003 Lawrence v Texas made sodomy legal

• Pedophilia
• Form of deviant sex acts that most concern the general public

• Statutory Rape –Debra Lafave

Prostitution Hierarchy

• Types of Prostitutes
• Streetwalkers – lowest paid in plain sight

• Bar girls –B girls % of drinks waiting for pickup

• Circuit travelers – few girls service labor camp

• Cyber prostitutes – meet online “adult friend finder”

• Brothel prostitutes – cathouse. Bunny ranch
• Madam vs pimp.

• Pos: safety, no minors, adult choice $300-1,500 per night

• Call girls – highest paid Aristocrats of prostitution

• Escort services/call houses
• Client calls madam (123 listing in NY city yellow pages)

Gov. Eliot Spitzer

11/3/2017

5

Prostitution

• Becoming a Prostitute
• Dangers of sex work

• Beaten, robbed and rapped by pimp or client
• Abused youth maybe lured into trade, lack father figure
• Older women – need money for survival or drugs.

• Controlling Prostitution
• Brothels were regulated before WWI in US
• Moral crusaders painted pimps as immigrants luring American girls into trade.
• Mann Act (1925) – $5,000 fine up to five years prison

• Prohibit transport of women into country and across state lines.

• Today prostitution is a misdemeanor and is punishable by a fine or short jail
sentence.

Prostitution

• Legalize Prostitution?
• Free choice – legal makes safer environment

• $300-1,500 per night

• Sexual equality – seen as gender exploitation
• Abuse –brothels worker may still be abused

• Harassed, exploited and raped by security and madam
• 40% of earnings.

• Long-lasting victimization
• May have life of social stigma leading to drug abuse

• If you really want to stop prostitution
• Focus on criminalizing the johns.
• Prostitutes should be seen as victims not jailed & fined

Pornography

• Pornography – legal
• Sexually explicit books, magazines, films, and DVDs intended to provide sexual

titillation and excitement for paying customers.

• Obscenity – illegal
• Material that violates community standards of morality or decency and has

no redeeming social value.
• If it is deemed harmful to people or society its illegal

• Who decides what is obscene?

• What is obscene shifts across time between states

11/3/2017

6

Pornography

• Is pornography harmful?

• Does pornography cause violence?
• Some studies say it reduces violence by satisfying impulses

• 1984 study show increased exposure leads to decreased arousal and aggression.

• Some argue porn leads to sexist unhealthy ideas.
• Attorney General’s Commission on Pornography (1986)

• Leads to acceptance of rape myths and violence against women.

• Diana Russell argues hatred of women is common theme in porn (violence, rape,
aggression) (Siegal, 2015).

Pornography and the law

• Miller v. California (1973) its obscene when:
• The average person, applying contemporary community standards, would find

that the work, taken as a whole, appeals to the prurient (lewd) interests.

• The work depicts or describes, in a patently offensive way, sexual conduct
specifically defined by the applicable state law.

• The work, taken as a whole, lacks serious literary, artistic, political, or
scientific value.

• Pope V. Illinois – later supreme court ruling
• Obscene if a reasonable person applying objective (national) standards would find the

material to lack any social value.

Internet, Technology and Pornography

• Communications Decency Act (1996)
• Felony to:

• Knowingly use telecommunications devices to send and indecent communication to a
child.

• Use a computer to display indecent material in a manner accessible to a child.

• Violations punishable by up to two years imprisonment and fine of $250,000

• Legislation on pornography varies around the world making it easier to be
sent across borders.

• Distinction between eroticism and child pornography.
• Child Pornography – issues with tech. and kids sexting

• Illegal to possess and or distribute even virtual images of children

11/16/2015

1

American Policing and Court
Systems

-Slides and data in this outline are from Siegel
(2015); Adler, Mueller, and Laufer (2007); and

modified by Manning (2007, & 2015).

The Criminal Justice System overview

• The Process of Justice
– From initial contact, through post-release

• Crime committed – investigation

• Police make arrest based on probable cause

• Booking (custody) fingerprinting and investigation

• Grand jury hands down its indictment

• Arraignment: formal charges & rights read to defendant

• Bail or detention

• Plea bargaining

• Trial process/adjudication

• Sentencing/disposition

• Appeals

• Correctional treatment

• Release

• Post release/aftercare. if early release on parole.

England’s Policing History

• 1829, Sir Robert Peels created the
Metropolitan Constabulary in London.

– So successful all counties were required to have
them by 1856.

– Police officers must have a perfect command of
temper.

– Critics said these agencies were created to control
the poor.

11/16/2015

2

American Policing History

• Colonial America

– Used system like England’s

• America’s first uniformed police

– Boston in 1838 and New York in 1844

• Progressive Era – lead by T. Roosevelt

– 1895—tried to reform police by removing them from
politics.

• Today more than 20,000 separate agencies in US

– 708,022 sworn officers

Federal Law Enforcement

• First Federal police force 1790
– US Coast Guard.

• Federal Bureau of Investigation
– Investigate domestic terrorism, white collar crime,

organized crime, public corruption.
– Named FBI in 1935 under J. Edger Hoover
– Chief investigative branch of Depart of Justice.

• Captured Baby Face Nelson, Pretty Boy Floyd.

– Image tarnished
• 1960s wire tapping, opening mail
• 1993 handling of WACO TX Branch Davidians.

Federal Policing cont’d

• Drug Enforcement Administration DEA

• Immigration and Naturalization Service

– INS largest group of federal police.

– Now called ICE:

• US Immigration and Customs Enforcement

• United States Marshall Service

– Witness protection, federal court security

• Treasury Department: Secret Service

11/16/2015

3

Department of
Homeland Security

• Five divisions created after 911:

– Border and Transportation Security

– Emergency Preparedness & Response

• Make sure were prepared and able to recover from
terrorism

– Science and Technology

– Information Analysis and Infrastructure

– Management

State, County and Municipal Law
Enforcement

• State Police
– 1st was Texas Ranger 1835
– Today only Hawaii without state police

• Highway Patrol
• County Police (Sheriff’s Department)

– Tax assessment & collection, court duty, run jails,
serve court orders, oversee public buildings, highways,
bridges and parks.

• City Police
– 24 hour service not the norm in small town
– New York City has over 72,000 officers operating at a

cost of about $2.5 trillion

Special Purpose Policing
and Private Police

• Special Purpose Police
– Transit Police
– Public Housing Police
– Airport Police
– Public School and College Police
– Park Police

• In past considered inferior now highly recruited & trained.

• Private Police Are there any ethical issues?
– Guard and Patrol Services
– Private Investigators
– Alarm Companies and Computer Security Systems
– Armored-car and Courier Services

11/16/2015

4

City Police Functions

• Line Functions
– Patrol Division -1st on crime scene

• Maintain order, block off crime scene, interview
• Visual presence deters crime

– Investigation Division
• Detectives hold more prestigious positions

– Specialized Unites – mostly larger cities
• Traffic Units –investigate accidents, meter maids
• Vice Squad –enforce gambling laws, drug, prostitution
• Undercover agents often work with informants.
• Issue of Entrapment

• Non-Line Functions – Support
– Planning, research, admin. & training, budgeting, purchasing,

public relations, inspections,
– Support line functions with high tech services.
– All police have some training (3-16 weeks)

Police Functions

• Law Enforcement
– Control crime. In past police were evaluated by the number of felony arrest

made.
– Past effectiveness meant depersonalized one officer patrol cars and rotation of

beats.
– But 1960s taught us that police must do more than enforce laws.

• Order Maintenance
– Today—peacekeeping and conflict management
– Greater discretion in deciding if a crime was committed

• Community Service
– Respond to social problems and emergencies
– Police aid gunshot/knife wounds, diabetic reactions, teen runaways

Civil Right issues and the Rule of Law

• Constitutional Due Process (14th Amendment)
– Protection against unreasonable search & seizures.
– Protection against self-incrimination
– The right to counsel

• Use of Deadly Force & Police Brutality
– Before Tennessee v. Garner the law had always been that police could shoot to

kill anyone fleeing a felony—even unarmed
– Today, force can only be used when necessary to prevent escape of suspect

believed to be a significant threat.
– While physical force maybe needed. Police brutality is no longer tolerated in

America.

• Abuse of Discretion
– Officially regulated but police have considerable autonomy.

• Corruption
– Meat eaters: police who solicit bribes or cooperate w/criminals for gain.
– Grass eaters: police who accept payoffs for services or looking the other way.

11/16/2015

5

Police Officer Life and Subculture

• Qualifications
– Today new recruits must be in good shape.
– With no criminal record, and at least have high school diploma.

• Minority Groups In Policing
– Civil Rights lead to increased police diversity
– Women first obtained patrol officer status in 1960s.
– Are women police officer fully accepted today?

• Subculture issues:
– High job related stress.
– Self isolation with other police and family.
– Characterized by chronic suspiciousness, authoritativeness, and

cynicism.
– High risk of marital problems, physical ailments, alcoholism, issues

with children, and drug abuse.

America’s Dual Court System

State Supreme Court

State Appellate Court

State Trial Court

-Limited Jurisdiction – minor

-General Jurisdiction – major

U.S. Supreme Court

-how many justices?

U.S. Circuit Courts

of Appeals (13)

U.S. District Court (94)

State System Federal System

Federal Magistrates
-minor fed offences
-issue warrants

Terminology
I want to appeal

• Writ of certiorari – an order issued by a higher
court directing a lower court to send to it the
records of a case.

• Habeas corpus – a request to produce the
prisoner before the reviewing judge and to
explain by what lawful authority the prisoner
is being detained.

11/16/2015

6

Roles People Fill

• Prosecutor – DA works for the state
– Collection agent dispenser of justice
– Political enforcer and overseer of police

• Defense – works for defendant
• Judges deals with matter of law

– Jurist instructed to focus on matters of fact

• Grand Jury
– Decide if case will go to trail or not

• Arraignment
– Grand jury hands down its indictment
– Defendant pleads
– Plea Bargen opportunity – has pros and cons

Jury Selection and Trial Proceedings

• Voir dire: the process by which lawyers and the judge examine a
prospective juror to determine his or her acceptability.

• Peremptory challenge: objections to potential jurors for which no
explanation is required.

• Challenges for cause: objections to potential jurors for which a
reason is given.

• Proceedings of People v. John Doe
1. Opening statement of the prosecutor
2. Opening statement of the defense (may be waived until the

defense’s case in chief)
3. Prosecutor’s case in chief
4. Motions
5. Defense’s case in chief
6. Motions
7. Closing argument of the prosecutor
8. Closing argument of the defense

Sentencing Hearing

– Death penalty – 36 states
– Incarceration
– Probation
– Restitution
– Community Service
– Fine combo or split sentencing

• Punishment Philosophies
– Incapacitation – protect society from offender
– Deterrence (general and/or specific)
– Retribution – eye for an eye
– Rehabilitation – early to mid 1970s
– Just Deserts – back to eye for an eye
– Restorative Justice

11/16/2015

7

Exploring the Death Penalty

• First—Daniel Franks in 1622, VA

• Six Forms – in USA
– Firing Squad, Lethal Gas, Hanging, Decapitation,

Electrocution, Lethal Injection

– Which is the only form never used in US?

• Deterrence Argument

• Discrimination Argument

• Cost Benefit Argument

• Global Trends

SYG2323/Manning

APA Source Citation

-(Author, Year, Page or Para. #)

-(organization, Year, Page or Para. #) – no author

-(Title, Year, Page or Para. #)

-APA cares about the date the article was published.

-for both quotes and paraphrasing APA style in-text citation is the same.

Should I use this source or not (critical thinking and APA)

-Can you verify the information

-does it make sense

-Authority—is the author making statements outside their major

-Bias-what’s the authors purpose for writing the article, is it scientific or propaganda

-Coverage-college research or research for a corporation

-when was it published

.org what is the goal

.net personal website (do not use)

.com selling something (do not use)

.gov best sites of statistics

.edu good sites

Examples of APA Style Reference page citation (hanging indent):

Reference page for your textbook:

Adler, F., G. Mueller, & W. Laufer. (2007). Criminology and the Criminal Justice System (6
th

edition). New

York, NY. McGraw Hill

Harding, David. (2009). Violence, Older Peers, and the Socialization of Adolescent Boys in Disadvantaged

Neighborhoods. American Sociological Review. 74, (3), 445-464.

Online articles

-Reference page URL – Uniform Resource Locator:

Brody, J. (2007, December 11). Mental Reserves Keep Brain Agile. The New York Times. Retrieved from

http://www.nytimes.com

-Reference Page for journals use DOI – digital object identifier:

Davis, J. (2009). Economic Status and Crime. American Society of Criminology, 24, (4) 225-229. Doi:

1037/0459-6321.24.2.225

An Exploration of the Insanity Plea

Jane Doe Sample

SYG2323.002

Santa Fe College

2

Abstract

The insanity plea, which states that a defendant is not guilty by reasons of insanity, is a very

complex defense that is rarely used in the court systems. By exploring secondary data it is found that the

insanity plea results in numerous questions for the judge and jury, such as whether the defendant had

impaired functioning due to a mental illness when the crime was committed. Further research shows that

defendants are very unlikely to want to plead insane, due to the possibility of a longer sentence at an

inpatient care facility than they would have had in jail, if they just plead guilty. By exploring three court

cases where the insanity plea had been considered more difficulties with using the insanity plea will be

brought to attention; for example if the defendant does not want to plead insane. As a result of applying

the trait theory, both psychological and biological theories, defendants could argue that specific traits

made them more likely to commit crime or that they were unable to fight these urges. Overall this paper

will give valuable information on the insanity plea and its use in the court system.

Introduction

The insanity plea can been used in the court system to argue that a defendant is not guilty by

means of insanity. However, this form of defense can cause many questions to the court system; through

the analysis of secondary data these questions will be more widely explored. Furthermore the trait theory,

from both psychological and biological views, will be applied to the insanity defense in an attempt to tie

the two together. Finally, a possible mean of collecting primary data on the insanity plea will be explored.

Overall, the purpose of this paper is to examine the facts of the insanity plea and how it is used in court

cases, focusing on some of the different biological, psychological, and other factors that are considered

when insanity is being claimed.

Methodology: Secondary Data

According to Smith (2012) the insanity plea, also referred to as insanity defense, can be used in

court to prove that the defendant is not guilty of the crime that they committed by reason of insanity. The

insanity plea is rarely used; less than 1% of defendants attempt to use it and a very small percentage are

successful, however media coverage of the rare, prominent cases which employ it often create the

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impression that it is much more common (Smith, 2012). In cases where the defendant successfully uses

the insanity plea, they are found not legally responsible even though they committed the crime, although

proving insanity can be quite difficult. In order for a defendant to be allowed to enter a plea of insanity

they must be suffering from a mental disorder, there had to have been a significant impaired practical

functioning at the time that the crime was committed, and it has to be proven that the impaired

functioning resulted in the crime (Smith, 2012).

Furthermore, Smith (2012) highlights the difficulty of navigating the standards of insanity

defenses and actually implementing them in specific situations. One of the biggest struggles when

proving insanity is the process of determining whether the defendant was actually mentally ill at the time

of the crime, especially with varying possibilities such as temporary insanity. The article also details the

difficulty of implementing a successful insanity plea that comes from extreme variance in the actual laws

and tests of determination from state to state and at the federal level, and a general lack of uniformity.

Smith (2012) proposes that neuroscience could be a possible answer to some of these problems, which

could assist in determining when defendants or witnesses are lying, mental status and capacity, etc.,

though it would certainly not solve every issue. (Smith, 2012).

The second article presents similar background information on the insanity defense, however it

provides further context by detailing three specific cases and how the insanity defense was imposed on

the defendants. According to Richie, Alam, Gazula, Embrack, Nathani, and Bailey (2014) the legal

definition of insanity is “a condition which renders the affected person unfit to enjoy the liberty of action

because of the unreliability of his behavior with concomitant danger to himself and others” (p.1). Richie

et al (2014) go on to mention factors that may influence the defendant to reject an insanity plea; firstly a

defendant may fear that they will face a more lengthy confinement in a mental health institution than a

potential prison sentence. Secondly, they may choose a guilty plea to avoid the negative association of the

mental illness that goes with the insanity plea and they may wish to avoid the collateral that follows an

insanity acquittal. Also, there is the possibility that the defendant will reject that they were insane at the

time of the crime, even if everyone else believes that they were.

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Ritchie, et al.,(2014) state that in the case of Frendak vs. United States in 1979, Paula Frendak

stalked and murdered her co-worker, Willard Titlow, which she was found guilty of one count of first

degree murder. On an appeal however, it was found that Frendak likely suffered from a personality

disorder and was therefore not guilty by reason of insanity; she rejected this ruling, and in the landmark

case Frendak v. United States it was ruled that the court could not impose an insanity defense upon

someone if they were competent to stand trial and competent enough to waive the insanity defense

(Richie Et al, 2014). The second case discussed by the article is that of Jamar Phenis, who was convicted

of arson, destruction of property, and cruelty to children in 2006. The examiner of Phenis believed him to

have “judgement and insight distorted by unrealistic thinking,” but after a series of examinations he was

found to be fit to stand trial (Richie Et al, 2014. p.4). The defense and Phenis himself did not pursue an

insanity defense and he was eventually found guilty despite his continuing stay in St. Elizabeth’s Hospital

due to his mental condition. In an appeal case, Phenis vs. United States in 2006, it was found that Phenis

had not been fully informed of the insanity defense, but that it was not the judge’s position to force an

insanity defense upon a defendant (Richie et al, 2014). Ultimately, his conviction was upheld. The article

also discusses a third case of Anders Breivek, in Norway, who was responsible for the mass murder of 77

people by shooting and bombing. In his trial, Breivik claimed self-defense and that he was defending his

nation from foreigners who he saw as a threat to Europe (Richie Et al, 2014). Breivik repeatedly refused

any insanity defense; the article says that the reason for this was that in Norway an insanity ruling would

have confined him to a mental hospital for as long as he was considered insane, whereas a guilty ruling

would give him Norway’s maximum sentence of 21 years (Richie Et al, 2014). After evaluation he was

found by one psychiatrist to have schizophrenia, and another found him to have narcissistic personality

disorder. Ultimately, there was little evidence to support the more serious diagnosis of schizophrenia in

his actions during and prior to the mass murder, and his repeated refusal of insanity caused him to be

found guilty.

Ultimately both of these articles succeed greatly in highlighting the difficulties and complexities

of the insanity defense. Some of these difficulties are a result from inadequately being able to determine

5

to what extent the defendant suffered from mental illness, whether or not they did at the time of the crime,

differing laws, and whether or not they agree to an insanity plea.

According to Stredny, Parker, and Dibble (2012) almost as much research goes into determining

the proper aftercare for insanity acquittees as it did to determine if they are guilty or not. After a

defendant is acquitted by reason of insanity they are admitted to an inpatient facility for an evaluation

period. During this period they will be evaluated to determine if they should continue inpatient facility

care or be released into the community. Usually the length of inpatient facility care will be determined by

factors such as seriousness of a crime, mental illness or other reasons of insanity, and level of risk posed.

For example, acquittees who had committed more serious crimes and had committed their first crime at a

young age would be recommended hospitalization instead of release (Sterdny, Parker, & Dibble, 2012).

Similarly, how an acquittee responded to treatments and such at the inpatient care facility would also

influence their likelihood of being released. If a patient complied with taking medication and the

treatment seemed to be helping they may be transferred to a less restrictive facility. Sterdny, Parker, and

Dibble (2012), suggest that acquittees who were diagnosed with an anxiety disorder were less like to be

recommended for hospitalization, while those who suffered from psychotic disorder were more likely to

be hospitalized. Overall evaluators use a multitude of different factors to determine if an individual who

has been acquitted by reason of insanity should be released into the community or get treatment at an

inpatient care facility.

Theory

According to Siegel (2015), Trait theory is “the view that criminality is a product of abnormal

biological or psychological traits” (p.109). Trait theory can be subdivided into two different categories,

the biological makeup and the psychological functioning (Siegel, 2015). According to the biological trait

theory, predetermined genetics, hormone influences, environmental influences, and even a person’s diet

can influence their likelihood of committing a crime. Similarly, trait theory focuses on the psychological

aspects such as neurological conditions, depression, schizophrenia, and diminished brain capability

(Siegel, 2015). When applied to the insanity plea trait theory could be relevant for the defense. A lawyer

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could argue that their defendant’s crime was a direct link to either their biological makeup or

psychological traits. One argument that a lawyer could employ would be that even though their defendant

has faced similar life situations as others who chose not commit a crime, the traits that the defendant

possesses influenced them to turn to crime. Trait theories might also be relevant in the case of insanity

pleas because defense attorneys could use genetics to argue that an individual is predisposed to mental

illness based on family history. Some of the things that have previously been traced to genetics include

aggression, mental illness, antisocial behavior, and certain aspects of peoples’ personalities (Siegel, 2015).

If it was possible to prove that a person’s criminal behavior was a directly related to their genes, an

insanity plea or at least a lesser charge may be possible.

Methodology: Primary Data

If I was going to conduct research to learn more about the insanity plea, I believe that the best

approach would be to use a case study. A case study is an in depth analysis of one unit of study, such as

an individual, an institution, a group, or a community (Siegel, 2015). Part of the case study would include

interviewing defendants whom were both successful and unsuccessful with using the insanity plea. This

would allow me to observe and learn about their current and past mental states and to determine more

about their patterns of behavior. I would also be interested in interviewing them to gain a sense of their

family history in terms of mental illness and whether there is a possibility of genetic evidence to support

their claims of insanity. Furthermore, I would interview judges and attorneys that served on cases where

the insanity plea was attempted. I would also review court cases and court transcripts, if possible, to get a

better sense of how the defendants carried themselves in court and how the case played out. Learning

more about the judicial side of each case would give insight on how insanity please are handled as far as

how the trial proceeds and what kinds of evidence is presented to convince the jury that insanity was a

major cause of the crime that took place. Overall this case study would allow me to see possible patterns,

similarities, and differences that might lead to a better understanding of the relationship between insanity

and crime

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Findings & Conclusion

Through research I was able to find that the insanity plea is an extremely complex defense that

can be difficult to prove and furthermore the aftercare that follows successful insanity defense acquittees

can be just as complex. The findings also show that the insanity defense is not employed in the court

room very often, due to the difficulty of proving whether the defendant was truly insane at the time of the

crime. Ultimately, while many insanity pleas argue that the defendant has biological or psychological

factors that influenced criminal behavior, these arguments rarely stand up in court, mainly due to the fact

that they are difficult to prove. Furthermore, a judge cannot force a defendant to plead innocent by

reasons of insanity and due to the stigma that is associated with the insanity plea, as well as the possibility

of longer hospitalization than jail time, many defendants would rather be found guilty than innocent by

reason of insanity. For the small few that successfully use the insanity plea and are found not guilty there

is a possibility of being treated at an inpatient care facility. In Conclusion, the factors that influence all of

these outcomes and possibilities are extremely varied in every sense.

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References:

Richie, W. D., Alam, F., Gazula, L., Embrack, H., Nathani, M., & Bailey, R. K. (2014). Frendak

to Phenis to Breivik: an examination of the imposed insanity defense. Frontiers In

Psychiatry, 5, 51-7. doi:10.3389/fpsyt.2014.00172

Siegel, Larry. (2015). Criminology the Core (5th edition). Stamford, CT. Cengage Learning

Smith, S. (2012). Neuroscience, Ethics and Legal Responsibility: The Problem of the Insanity

Defense. Science & Engineering Ethics, 18(3), 475-481. doi:10.1007/s11948-012

9390-7

Stredny, R. V., Parker, A. S., & Dibble, A. E. (2012). Evaluator Agreement in Placement

Recommendations for Insanity Acquittees. Behavioral Sciences & The Law, 30(3), 297

307. doi:10.1002/bsl.1995

1

SYG2323: Criminology

SFC/Manning

Writing Assignment (WA 2): Secondary Data Analysis (your research sources)

Total Points Possible: 50 pts.

(See Syllabus for Due Date) ________

First you must pick a topic to write your final research paper on (it must be a criminology related topic).

Then find at least two credible journal articles (hard copy journals, or electronic journal via Santa Fe’s

virtual library) on your research topic. These sources must be scholarly research based articles that have

been published, and have authors. Then write a summary analysis of the two journal articles you have

found for your research paper.

You also need to write the thesis statement, theory and primary data methodology explorations for your

final research paper. Write your introduction which tells the reader what will be explored in your term

paper including your thesis statement. Use your textbook to define and then apply a theory we have

covered in class to your research topic. Next use your textbook to define and then explore a

methodology that you would use to collect primary data on your research topic if you had the

opportunity in the future (explore examples).

Again you must demonstrate the ability to know when and how to use APA style citations to give credit

to your sources for quotes and paraphrases, and their ideologies, definitions, dates and statistics. You

also need to create an APA style reference page (at the end of your essay). Your essay format should

follow the research process listed below. I expect you to make corrections based on my feedback and

use this data in your final research paper. Four-page maximum length.

Show your ability to apply terminology from the assigned readings and classroom discussion into your

essay when appropriate. It is very important to note that this class is a discipline specific writing class

and we will be using APA style citations. You must demonstrate the ability to use the APA style tools

you have learned in-class in all your writing assignments this semester.

Type your name, writing assignment number, class meeting time and date in the upper right/left hand

corner, this header should be single spaced. The writing assignment should be in proper left align

paragraph format. The body of the text should be double spaced using a 10 or 12 font size with 1”

borders. To guarantee the assignments do not accumulate late points they must be turned in on or

before the beginning of the class period of the assigned due date. If you send the assignments as an E-

mail attachment, make sure your file is sent as a MS Word or Rich Text Format (rtf) document or I may

not be able to open it—which is the same as not receiving it. Remember, there is a loss of 5 points per

each day the assignment is late (see syllabus).

The Research Process Explored:

Abstract

-Introduction (thesis Statement)

-Methodology: Analyzing secondary data (your research sources) is what we are doing for this assignment
-Theory

-Methodology (primary data collection not conducted but explored)

Findings

Discussion & Conclusions

-References