Public Order Crimes Chapter

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?
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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repealed 18th.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
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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.
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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
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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
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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
Notes and Key Points
Notes on Reading
As you read Professor Onyewuenyi's essay, try to determine
what his answer to the question in the essay's title would be.
Don't let the first paragraph of the reading on p. 13 fool you. In
that paragraph he is repeating the view expressed by students in
America. It should become clear fairly quickly that not only
does he believe there are African philosophers, but that, as he
puts it on p. 13, these philosophers "were purposely withheld
from history of philosophy books." The first section of the
reading on pp. 13-14 mentions a number of philosophers by
name, some Western and some African. Don't get too caught up
with trying to remember all the names. You just need to get the
author's overall point, which is that there are African
philosophers. Since you probably have not heard of them, he is
going to give you their names and tell you a bit about them.
The section called "Philosophizing: A Universal Experience,"
which begins on p. 14, is the key section in this reading. Think
about what "universal experience" means, and how this relates

to the way we define philosophy. In particular, consider if it is
something you think Plato would include in his definition of
philosophy. This section of the reading has a number of good
candidates for alternative definitions of philosophy that differ
from Plato's. The important overall point is that while "the
themes dealt with in philosophy are universal," we must realize
that "no culture has the last word" on what the truth is (p. 14).
After providing his general definition of philosophy on pp. 14-
15, Onyewuenyi then devotes sections to the different branches
of philosophy to discuss how the Western and African
approaches differ. The first section is on metaphysics or
ontology (pp. 15-16). Metaphysics is the name for the most
fundamental kind of philosophy, usually associated with Plato,
that seeks to determine the nature of ultimate reality. Ontology
is the study of "being" or existence, focused on what sorts of
entities exist in this reality. The second branch of philosophy
discussed in the essay is epistemology (pp. 16-17).
Epistemology refers to the study of knowledge, how we define
the nature of knowledge and how we determine what counts as
knowledge and what doesn't. The last branch of philosophy
Onyewuenyi discusses is Ethics (pp. 17-18). It is most
important that you understand the section called
"Philosophizing: A Universal Experience," as this provides
Onyewuenyi's general approach. The later sections give more
specific examples based on the various branches of philosophy,
and are less central.
Key Points
· Onyewuenyi first mentions the "Mystery System" of ancient
Egypt on p. 13. Focus on his descriptions of this system and
how it relates to Plato and the other Greek philosophers.
· The best statement of Onyewuenyi's general definition of
philosophy comes on p. 14. He states that philosophy "seeks to

establish order among the various phenomena of the
surrounding world, and it traces their unity by reducing them to
the simplest elements." Try to think about what this means in
plain English. One could say simply that philosophy helps us
make sense of the world around us. He also states on the same
page that philosophy expresses "each culture's concept of life."
· If philosophy is truly a "universal experience" that everyone
in all cultures can do, what would it look like? Could we give
an example of philosophy as a universal experience? On the
Western definition, it is pretty clear who the philosophers are
and what they do: they are most likely to be found at
universities and they write books. Who would be the
philosophers if we define philosophy as a universal experience
and what do they do?
· In the section on African Epistemology (pp. 16-17),
Onyewuenyi notes that not only the way knowledge is defined,
but who counts as a knowledgeable person, is very different in
African society than in Western cultures. What do you think of
his remark that "Having a college degree does not qualify an
African as a wise person in the community" (p. 16). Why not?
What would qualify someone as wise in an African community?
Assignment:
In a 500-word essay, describe what are the main points that
Professor Innocent Onyewuenyi brings up in his treatise, “Is
There an African Philosophy?” and the contrast he draws with
the Western Philosophical tradition. In particular, respond to
his claim that “Having a college degree does not qualify an
African as a wise person in the community.” Why is this so?
What do you think? Respond.
You might enjoy watching this trailer from "Out of Africa"
(with Robert Redford and Meryl Streep) just to "set the stage" a
little and give you a visual reminder of the expanse of this truly
magnificent continent.
https://www.youtube.com/watch?v=Rjzf_cWzlp8

12/28/2021
1
Chapter 12:
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

12/28/2021
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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.
12/28/2021
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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).
12/28/2021
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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)
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
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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
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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
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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
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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
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Chapter Two: Defining Crimes and
Measuring Criminal Behavior
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.
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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.
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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).

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Chapter 3:
Schools of Thought Throughout History
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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7
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 11: Property Crimes
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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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.
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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6
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 informatio n
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 8:
Labeling, Conflict & Radical Theories

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 col lective
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.
12/28/2021
5
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.
12/28/2021
6
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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7
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.
•

Public Order Crimes Chapter

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