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This document contains an introduction and dedication for the third edition of the book "Introduction to Criminology: Why Do They Do It?" by Pamela J. Schram and the late Stephen G. Tibbetts. It includes: 1) A dedication from Tibbetts to his wife Kim, describing her as his soulmate of 20 years. 2) An in memoriam section honoring Tibbetts, who was described as an exceptional colleague, dear friend, wonderful husband and father who will be missed. 3) Front matter information about the book such as copyright details, lists of contents, and publication information.

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this would be nice to have, since it has an in memoriam for Steve Tibbetts Introduction to Criminology Third Edition I dedicate this book to my brothers Douglas Monroe and Jeffrey Alan Schram. —Pam Schram I dedicate this book to my loving wife and best friend, Kim Tibbetts. My true soulmate, for the last 20 years and forever. —Steve Tibbetts In Memoriam After many years in academia, we are grateful for having the
colleague whom we also consider a dear friend, someone special in our lives. Steve was one of those exceptional colleagues, a dear friend, to me. I will miss our conversations. Those who knew Steve appreciate that those conversations could range from how much snow he was shoveling, to his thoughts on why SEC is so wonderful (I’m Big 10), to his favorite episodes of Law and Order. Steve always expressed such joy and pride when talking about the special loves in his life—his wife, Kim; his daughter, Rian; and his mom and dad, Jane and Steve. Steve was one of those colleagues I could go to when I needed to discuss a possible project, advice on how to handle a situation, or just to “vent.” He always had a way of making things seem better. He was known by many of us in the department to share odd or strange crime stories. For me, he would enjoy sharing some crazy cat news story. By the way, Steve did not really like cats, so you can imagine the type of stories he would share. Steve has made a significant, and lasting, impact in the field of criminology in so many ways. But he has impacted so many people, not just as a criminologist, but as Stephen Tibbetts. He was a wonderful husband, father, son, and dear friend. I will miss him. —Pam Schram
Introduction to Criminology Why Do They Do It? Third Edition Pamela J. Schram California State University, San Bernardino Stephen G. Tibbetts Radford University Los Angeles London New Delhi Singapore Washington DC Melbourne FOR INFORMATION: SAGE Publications, Inc. 2455 Teller Road Thousand Oaks, California 91320 E-mail: [email protected] SAGE Publications Ltd. 1 Oliver’s Yard
55 City Road London EC1Y 1SP United Kingdom SAGE Publications India Pvt. Ltd. B 1/I 1 Mohan Cooperative Industrial Area Mathura Road, New Delhi 110 044 India SAGE Publications Asia-Pacific Pte. Ltd. 18 Cross Street #10-10/11/12 China Square Central Singapore 048423 Copyright © 2021 by SAGE Publications, Inc. All rights reserved. Except as permitted by U.S. copyright law, no part of this work may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without permission in writing from the publisher. All third-party trademarks referenced or depicted herein are
included solely for the purpose of illustration and are the property of their respective owners. Reference to these trademarks in no way indicates any relationship with, or endorsement by, the trademark owner. Printed in the United States of America Library of Congress Cataloging-in-Publication Data Names: Schram, Pamela J., author. | Tibbetts, Stephen G., author. Title: Introduction to criminology : why do they do it? / Pamela J. Schram, California State University, San Bernardino, Stephen G. Tibbetts, Radford University. Description: Third edition. | Thousand Oaks, California : SAGE Publications, Inc., [2021] | Includes bibliographical references and index. Identifiers: LCCN 2019034242 | ISBN 9781544375731 (paperback) | ISBN 9781544375755 (epub) | ISBN 9781544375762 (epub) | ISBN 9781544375779 (pdf) Subjects: LCSH: Criminology. Classification: LCC HV6025 .S38 2020 | DDC 364—dc23 LC record available at https://lccn.loc.gov/2019034242 This book is printed on acid-free paper. Acquisitions Editor: Jessica Miller
Editorial Assistant: Sarah Manheim Content Development Editor: Adeline Grout Production Editor: Laureen Gleason Copy Editor: William DeRooy Typesetter: C&M Digitals (P) Ltd. Proofreader: Theresa Kay Indexer: Will Ragsdale Cover Designer: Scott Van Atta Marketing Manager: Jillian Ragusa https://lccn.loc.gov/2019034242 Brief Contents 1. Preface 2. Acknowledgments 3. About the Authors 4. Chapter 1: Introduction to Criminology 5. Chapter 2: Measuring Crime 6. Chapter 3: The Classical School of Criminological Thought 7. Chapter 4: Contemporary Classical and Deterrence Research 8. Chapter 5: Early Positivism:Biological Theories of Crime 9. Chapter 6: Modern Biosocial Perspectives of Criminal Behavior 10. Chapter 7: Psychological/Trait Theories of Crime 11. Chapter 8: Social Structure Theories of Crime I:Early
Development and Strain Models of Crime 12. Chapter 9: Social Structure Theories of Crime II:Social Disorganization and Subcultures 13. Chapter 10: Social Process and Control Theories of Crime 14. Chapter 11: Labeling Theory and Conflict/Marxist/Radical Theories of Crime 15. Chapter 12: Feminist Theories of Crime 16. Chapter 13: Developmental/Life-Course Perspectives on Criminality 17. Chapter 14: White-Collar Crime, Organized Crime, and Cybercrime 18. Chapter 15: Hate Crimes, Mass Murder, Terrorism, and Homeland Security 19. Chapter 16: Drugs and Crime 20. Glossary 21. Notes 22. Index Detailed Contents Preface Acknowledgments About the Authors Chapter 1: Introduction to Criminology • Case Study: The “Confidence Man” Introduction What Is a Crime?
What Are Criminology and Criminal Justice? The Consensus and Conflict Perspectives of Crime • Learning Check 1.1 The Criminal Justice System Law Enforcement Courts Corrections The Juvenile Justice System • Learning Check 1.2 Criminological Theory • Applying Theory to Crime: Motor-Vehicle Theft Five Characteristics of Good Theories • Learning Check 1.3 Three Requirements for Determining Causality • Why Do They Do It? David and Louise Turpin Theory Informs Policies and Programs • Victimology Victim Precipitation The Incidence/Prevalence of Victimization Child Abuse and Neglect Compensation and Restitution Victim Impact Statements • Learning Check 1.4 Victim Rights Awareness Conclusion Key Terms Discussion Questions
Resources Chapter 2: Measuring Crime • Case Study: September 11, 2001, Victims Introduction Data From Law Enforcement Agencies Uniform Crime Reports Historical Overview The Uniform Crime Reporting (UCR) Program Limitations • Why Do They Do It? An Unusual DUI Offense; Dead Man’s Parrot a Key Witness?; Lottery Winner Arrested; Burglar Can’t Escape the Escape Room • Learning Check 2.1 Supplementary Homicide Reports (SHR) The National Incident-Based Reporting System (NIBRS) Data Collection Limitations Hate Crime Data Law Enforcement Officers Killed and Assaulted (LEOKA) Statistics Data From Victims of Crime: The National Crime Victimization Survey (NCVS) • Learning Check 2.2 Limitations Comparing the NCVS With Uniform Crime Reports
Data From Self-Report Surveys Monitoring the Future (MTF) The National Survey on Drug Use and Health (NSDUH) National Youth Survey—Family Study Additional Approaches to Collecting Data The National Prisoner Statistics (NPS) Program • Applying Theory to Crime: Hate Crime Spatial Analyses of Crime • Learning Check 2.3 Conclusion Key Terms Discussion Questions Resources Chapter 3: The Classical School of Criminological Thought • Case Study: Robert Seman, Jr. Introduction Pre-Classical Perspectives on Crime and Punishment The Age of Enlightenment • Learning Check 3.1 The Classical School of Criminology Influences on Beccaria and His Writings Beccaria’s Proposed Reforms and Ideas of Justice Beccaria’s Ideas of the Death Penalty Beccaria’s Concept of Deterrence and the Three Key Elements of Punishment Swiftness of Punishment • Learning Check 3.2
Certainty of Punishment Severity of Punishment Beccaria’s Conceptualization of Specific and General Deterrence Summary of Beccaria’s Ideas and Influence on Policy • Learning Check 3.3 The Impact of Beccaria’s Work on Other Theorists The Neoclassical School of Criminology • Why Do They Do It? The Harpe Brothers • Applying Theory to Crime: Other Assaults (Simple) The Decline of Classical/Neoclassical Theory Policy Implications Conclusion Summary of Theories Key Terms Discussion Questions Resources Chapter 4: Contemporary Classical and Deterrence Research • Case Study: The Murder of Kristen Crowley Introduction The Rebirth of Deterrence Theory and Contemporary Research The Four Waves of Modern Deterrence Research Aggregate Studies Cross-Sectional Studies Longitudinal Studies Scenario/Vignette Studies Formal Versus Informal Deterrence Rational Choice Theory
• Learning Check 4.1 • Applying Theory to Crime: Driving Under the Influence Routine Activities Theory The Three Elements of Routine Activities Theory Motivated Offender Suitable Targets Lack of Guardianship Applications of Routine Activities Theory The Minneapolis Hot Spots Study Crime Mapping and Geographic Profiling The Lifestyles Perspective • Learning Check 4.2 Policy Implications • Why Do They Do It? The Green River Killer Conclusion Summary of Theories Key Terms Discussion Questions Resources Chapter 5: Early Positivism: Biological Theories of Crime • Case Study: John Lotter, the “Boys Don’t Cry” Killer Introduction Early Biological Theories of Behavior Craniometry Phrenology Physiognomy Lombroso’s Theory of Atavism and Born Criminals Lombroso’s Theory of Crime Lombroso’s List of Stigmata Lombroso as the Father of Criminology and the Father of the
Positive School • Learning Check 5.1 Policy Implications • Why Do They Do It? Dr. Harold Shipman • Learning Check 5.2 After Lombroso: The IQ-Testing Era Goddard’s IQ Test Policy Implications Reexamining Intelligence Body-Type Theory: Sheldon’s Model of Somatotyping • Applying Theory to Crime: Burglary • Learning Check 5.3 • Learning Check 5.4 Policy Implications Conclusion Summary of Theories Key Terms Discussion Questions Resources Chapter 6: Modern Biosocial Perspectives of Criminal Behavior • Case Study: The Spahalski Brothers Introduction Nature Versus Nurture: Studies Examining the Influence of Genetics and Environment Family Studies Twin Studies • Learning Check 6.1
Adoption Studies Twins Separated at Birth • Learning Check 6.2 Cytogenetic Studies: The XYY Factor Hormones and Neurotransmitters: Chemicals That Determine Criminal Behavior • Applying Theory to Crime: Aggravated Assault Brain Injuries • Learning Check 6.3 Central Versus Autonomic Nervous System Activity • Why Do They Do It? Charles Whitman • Learning Check 6.4 Biosocial Approaches to Explaining Criminal Behavior Behavioral Genetics Studies Diet/Nutrition Toxins • Case Study Revisited: The Spahalski Brothers Policy Implications Conclusion Summary of Theories Key Terms Discussion Questions Resources Chapter 7: Psychological/Trait Theories of Crime • Case Study: Joel Michael Guy, Jr. Introduction Early Psychological Theorizing Regarding Criminal Behavior Freud’s Model of the Psyche and Implications for Criminal
Behavior Hans Eysenck: Theory of Crime and Personality Lawrence Kohlberg: Moral Development Heinz’s Dilemma John Bowlby: Attachment Theory Modern Psychological Perspectives of Criminality IQ and Criminal Behavior • Example Case History: Derek B. • Learning Check 7.1 James Q. Wilson and Richard J. Herrnstein: Crime and Human Nature • Applying Theory to Crime: Rape Psychopathy and Crime Mental Health and the Criminal Justice System • Learning Check 7.2 Treatment • Why Do They Do It? Ariel Castro Mental-Health Courts The Insanity Defense The M’Naghten Rule The Irresistible-Impulse Test The Durham Rule The American Law Institute’s Model Penal Code
Policy Implications • Learning Check 7.3 Conclusion Summary of Theories Key Terms Discussion Questions Resources Chapter 8: Social Structure Theories of Crime I: Early Development and Strain Models of Crime • Case Study: The Black-Binder Bandit Introduction Early European Theorists of Social Structure: Comte, Guerry, and Quetelet Durkheim and the Concept of Anomie • Learning Check 8.1 • Learning Check 8.2 Merton’s Strain Theory Cultural Context and Assumptions of Strain Theory Merton’s Concept of Anomie and Strain Adaptations to Strain • Learning Check 8.3 Evidence and Criticisms of Merton’s Strain Theory Variations of Merton’s Strain Theory Cohen’s Theory of Lower-Class Status Frustration and Gang Formation Cloward and Ohlin’s Theory of Differential Opportunity General Strain Theory • Why Do They Do It? Christopher Dorner
• Learning Check 8.4 Summary of Strain Theories • Why Do They Do It? Gang Lu • Applying Theory to Crime: Bank Robbery Policy Implications Conclusion Summary of Theories Key Terms Discussion Questions Resources Chapter 9: Social Structure Theories of Crime II: Social Disorganization and Subcultures • Case Study: Fraternity Members Charged With Engaging in Alcohol Enemas Introduction The Ecological School and the Chicago School of Criminology Cultural Context: Chicago in the 1800s and Early 1900s Ecological Principles in City Growth and Concentric Circles Shaw and McKay’s Theory of Social Disorganization • Learning Check 9.1 Reactions and Research • Applying Theory to Crime: Stalking Cultural and Subcultural Theories of Crime Early Theoretical Developments and Research in Cultural/Subcultural Theory • Learning Check 9.2 Disparities of Race in Regard to Subcultural Theories of
Crime Criticism Policy Implications • Why Do They Do It? Whitey Bulger Conclusion Summary of Theories Key Terms Discussion Questions Resources Chapter 10: Social Process and Control Theories of Crime • Case Study: The Bogles Introduction Learning Theories Differential Association Theory Elements of Differential Association Theory Classical Conditioning Reactions to Differential Association Theory Glaser’s Concept of Differential Identification • Learning Check 10.1 Differential Reinforcement Theory Elements Propositions Psychological Learning Models Operant Conditioning • Applying Theory to Crime: Murder Bandura’s Theory of Imitation/Modeling
Reactions to Differential Reinforcement Theory Neutralization Theory Techniques of Neutralization • Learning Check 10.2 Reactions to Neutralization Theory Control Theories Thomas Hobbes’s Social Contract Émile Durkheim’s Idea of Collective Conscience Freud’s Concept of the Id and Superego Early Social Control Theories of Crime Reiss’s Control Theory Toby’s Concept of Stake in Conformity Nye’s Control Theory Reckless’s Containment Theory Modern Social Control Theories of Crime Matza’s Drift Theory Hirschi’s Social Bonding Theory Integrated Social Control Theories Tittle’s Control-Balance Theory Hagan’s Power-Control Theory A General Theory of Crime: Low Self-Control Psychological Aspects Physiological Aspects • Learning Check 10.3 Policy Implications • Why Do They Do It? Jesse Pomeroy Conclusion
Summary of Theories Key Terms Discussion Questions Resources Chapter 11: Labeling Theory and Conflict/Marxist/Radical Theories of Crime • Case Study: The Flint Water Crisis Introduction Labeling Theory Foundation Frank Tannenbaum: The Dramatization of Evil Edwin M. Lemert: Primary and Secondary Deviance Howard S. Becker: The Dimensions of Deviance Edwin M. Schur: Defining Deviance Basic Assumptions • Learning Check 11.1 Research • Why Do They Do It? The Murder of Dawn Hamilton Critiques Conflict Perspectives • Applying Theory to Crime: Larceny-Theft Conservative (Pluralist) Conflict Perspectives George Vold: Group Conflict Theory Austin Turk: The Power to Define Criminal Behavior Richard Quinney: The Social Reality of Crime
• Learning Check 11.2 Radical Conflict Perspectives Marxist Criminology William Chambliss and Robert Seidman on the U.S. Criminal Justice System Additional Explanations of Crime Using a Marxist Framework Colvin and Pauly’s Integrated Structural-Marxist Theory Herman and Julia Siegel Schwendinger on Adolescent Subcultures Steven Spitzer on Problem Populations • Learning Check 11.3 Research Critiques Additional Critical Theories Peacemaking Criminology The Restorative Justice Perspective Left Realism Policy Implications Conclusion Summary of Theories Key Terms Discussion Questions Resources Chapter 12: Feminist Theories of Crime • Case Study: Gertrude Baniszewski
Introduction A Brief History of Feminism in the United States Key Terms Feminist Perspectives on Gender • Learning Check 12.1 The Traditional or Conservative Perspective Liberal Feminism Radical Feminism Marxist and Socialist Feminism Postmodern Feminism • Learning Check 12.2 Additional Feminist Perspectives Traditional Theories of Female Crime Cesare Lombroso: Physical Attributes of Female Offenders William I. Thomas: The Biology of Female Offending Sigmund Freud: Female Inferiority Otto Pollak: Hidden Female Criminality • Learning Check 12.3 Feminist Critiques of Previous Studies of Women and Crime The Liberation Thesis • Applying Theory to Crime: Female Sex Offenders Power-Control Theory Feminist Perspectives on Crime and Criminal Behavior • Why Do They Do It? Lavinia Fisher Objectivity and Subjectivity Qualitative “Versus” Quantitative Analyses
Feminist Criminology Critiques of Feminist Theories • Learning Check 12.4 Policies Based on Feminist Theories of Crime Conclusion Summary of Theories Key Terms Discussion Questions Resources Chapter 13: Developmental/Life-Course Perspectives on Criminality • Case Study: The Teen Burglar Introduction Basic Concepts and Early Developmental Theory Antidevelopmental Theory: Low-Self-Control Theory • Learning Check 13.1 Sampson and Laub’s Developmental Model Moffitt’s Developmental Taxonomy • Why Do They Do It? Henry Earl Thornberry’s Interactional Model of Offending Applying Theory to Crime: Arson Case Study Empirical Evidence • Learning Check 13.2 Policy Implications Conclusion Summary of Theories Key Terms Discussion Questions Resources Chapter 14: White-Collar Crime, Organized Crime, and
Cybercrime • Case Study: William T. Walters Introduction White-Collar Crime Definitions and History • Learning Check 14.1 Incidence and Impact on Society Economic Costs • Why Do They Do It? Enron Physical Costs Breakdown in Social Fabric Types of White-Collar Crime Crimes Against the Environment • Learning Check 14.2 Labor Violations Theoretical Explanations • Applying Theory to Crime: White-Collar Crime Organized Crime Definition The Historical Context of Organized Crime in the United States Types of Criminal Organization The Mafia Outlaw Motorcyle Gangs Prison Gangs Urban Street Gangs
Transnational Organized Crime Criminal Justice Responses The Chicago Crime Commission The Wickersham Commission The Kefauver Committee The McClellan Committee The President’s Commission on Law Enforcement and the Administration of Justice The Organized Crime Control Act of 1970 The President’s Commission on Organized Crime • Learning Check 14.3 Theoretical Explanations Cybercrime Definition Types Hacking Identity Theft Child Pornography Internet Fraud Cyberstalking Criminal Justice Responses The Computer Fraud and Abuse Act of 1984 The Digital Millennium Copyright Act of 1998 The Child Online Protection Act of 1998 The Electronic Communications Privacy Act of 1986 Executive Order 13694: Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities The Strengthening State and Local Cyber Crime
Fighting Act of 2017 Theoretical Explanations • Learning Check 14.4 Conclusion Key Terms Discussion Questions Resources Chapter 15: Hate Crimes, Mass Murder, Terrorism, and Homeland Security • Case Study: The Poway Synagogue Shooting Introduction Hate Crimes Definition Hate Groups Anti-Hate-Crime Legislation The Hate Crime Statistics Act of 1990 The Violent Crime Control and Law Enforcement Act of 1994 The Church Arson Prevention Act of 1996 The Campus Hate Crimes Right to Know Act of 1997 The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009 Model State Legislation: Hate Crimes/Violence Against People Experiencing Homelessness Theoretical Explanations of Hate Crimes • Why Do They Do It? The Murder of Matthew Shepard
• Learning Check 15.1 Multicide Categories of Mass Killers School Attacks Disparity in Rates of Committing Multicide Across Race and Religious Ideology Terrorism Definition Typologies Extent Historical Context The French Revolution Late-19th-Century and Early-20th-Century Terrorism Contemporary Terrorism • Applying Theory to Crime: Terrorism Current Context Organizational Networks Financial Support The Influence of the Media Domestic Terrorism Theoretical Explanations • Learning Check 15.2 Homeland Security Origins Definition The Homeland Security Organizational Network Agencies Responsible for Homeland Security
The Transportation Security Administration (TSA) Citizenship and Immigration Services (USCIS) Immigration and Customs Enforcement (ICE) The Secret Service The Federal Emergency Management Agency (FEMA) The Coast Guard Bureaucratic Problems and Solution s Issues Related to Civil Liberties The Torture Debate Human Rights The Constitution The USA PATRIOT Act of 2001 • Learning Check 15.3 Policy Implications Conclusion Key Terms Discussion Questions Resources
Chapter 16: Drugs and Crime • Case Study: Kenneth Saltzman Introduction Depressants Alcohol • Diagnosing Alcohol Problems Barbiturates Tranquilizers (Including Benzodiazepines) Narcotics Morphine Heroin Other Synthetic Narcotics Stimulants Cocaine Amphetamine Methamphetamine Other Commonly Abused Drugs Cannabis and Marijuana Steroids
Inhalants Hallucinogens • Learning Check 16.1 Trends of Drug Use The Early History of Cocaine and Opioid Addiction Prohibition Era “Reefer Madness” The 1960s and the Baby Boomers The “War on Drugs” Era Current Trends Regarding Drug Use • Why Do They Do It? Ryan Thomas Haight The Link Between Drugs and Crime • Learning Check 16.2 Modern Policies Related to Reducing Drug Use Interdiction Strategies Eradication Strategies Drug Courts Maintenance and Decriminalization
Harm Reduction • Applying Theory to Crime: Drug Selling/Trafficking and Drug Use Legislation and Litigation • Learning Check 16.3 Policy Recommendations • Why Do They Do It? Pablo Escobar Conclusion Key Terms Discussion Questions Resources Glossary Notes Index Preface If you are considering a career in any aspect of criminal justice, and you
want to know more about the motivations and socio- psychological makeup of serious offenders, then this book is for you! Introduction to Criminology: Why Do They Do It? applies the dominant theories in the existing criminological literature as to why people commit crimes. In addition, we examine many recent (as well as many hypothetical) examples of serious crimes, and we demonstrate applications of theory as to why the offenders did what they did. While other textbooks do a decent job in discussing the basic theories, as well as exploring the various types of crime, our book integrates various street crimes within each chapter and applies theories that are appropriate in explaining such criminal activity. This is extremely important, because most instructors never get to the latter typology chapters in a given semester or term. So our approach is to incorporate them into the theoretical chapters in which they apply directly to the theories
presented. Our specific examples and true stories, such as notable serial killings and other recent crimes, in each chapter, as well as our use of established theoretical models to explain the offenses, is another primary distinction of this book. Obviously, this book is meant to be central to an introductory course in criminology, but due to the emphasis on applied theoretical explanations, it is also appropriate for higher-level undergraduate and graduate courses in criminological theory or as a reference for anyone in the field of criminal justice. In it, we have integrated true crimes (and some hypothetical examples) both on a general level, such as in the Applying Crime to Theory sections, and more specifically—in the Why Do They Do It? sections, which often involve serial killings, mass murderers, or other notorious examples of offenders/offending.
The subtitle of our book, “Why Do They Do It?” relates to our theme. Our goal in writing this book was to apply established theories of crime, which are often seen as abstract and hypothetical, to real crimes that have occurred, as well as to hypothetical ones that are quite likely to occur. To this end, we explore the various reasons for offending or the “why they do it” in various cases, from the first documented serial killers in the United States—the Harpe Brothers in the late 18th century—to California cop- killer/spree-killer Christopher Dorner in 2013 and John T. Earnest, who massacred worshippers in a Poway, California, synagogue in 2019. Importantly, throughout these discussions of actual crimes we will apply theories. As you will see, some of the theories that applied to
the earliest crimes seem to apply to the most modern crimes as well. Unlike other authors in this field, we chose not to include separate chapters on violent or property crimes, because we have worked those into and applied them to the theories explored in each chapter. We strongly believe that by integrating discussions of such serious crimes—all of the FBI Index offenses of murder, rape, robbery, aggravated assault, burglary, motor- vehicle theft, larceny, and arson, as well as non-Index crimes, such as simple assault and driving under the influence —into the theoretical chapters provides the best exploration of why people commit such offenses. And the flip side is good as well; by discussing offenses together with theories, we show you how to apply theories toward explaining other instances of criminal behavior. Again, this goes back to our theme of “why do they do
it?” It demonstrates our goal: apply the appropriate theories for the specific crime. Additionally, our book is different from other textbooks in that we don’t have an overwhelming amount of sidebars and special sections that diverge from the topic at hand. We limited the special sections to a few basic categories, largely based on the goal of this text and mostly dedicated to applying criminological theory to actual offenses or true cases. We feature a separate chapter on feminist criminology. Given that over half of Americans are female, and there has been a recent increase in certain crimes (e.g., simple assault) by women, this is an important addition to the study of crime. Furthermore, while men are still responsible for the vast majority of violent acts—murder, robbery, aggravated assault— in all societies, the pursuit of understanding why women commit so
much less violence may have significant implications for reducing violence by men. Another distinctive aspect of this book is that we devoted separate chapters to the developmental/life-course perspective, as well as modern biosocial approaches regarding propensities to commit crime. These two frameworks/perspectives have become some of the most accepted and valid frameworks for explaining criminal behavior. A recent survey of key criminologists in the field showed that the developmental/life- course perspective ranked as the second most accepted perspective in explaining chronic offending (and the biosocial perspective ranked number 6, out of dozens of theories), yet most other textbooks do not cover this perspective as widely or in depth as we do. The developmental/life-course
perspective, as well as the biosocial perspective, is “cutting edge” right now, and so we highlight the importance of these theoretical models, as well as the recent empirical studies in those areas. Our text does follow a somewhat traditional format in that it presents theories chronologically from the Classical School to the Positive School of criminology, discussing all the established theories in the areas of social structure, social process, and conflict theories as they became popular over time. However, we look deeply into why certain theories became popular at certain times, which is often due more to politics and societal trends than the empirical validity of a given theory. Students of criminology should understand how historical crime and theories about crime were products of certain periods and certain ways of thinking.
Finally, our special typology chapters, the last three chapters of the book, are dedicated to contemporary topics—such as cybercrime, hate crimes, terrorism, white-collar/corporate crimes, and drug-related offenses—as well as several others that do not fit into the FBI Index crimes. We have done our best to provide the most current research on these topics. Gaining insight into these modern forms of offending is vital if you wish to understand the current state of crime in our society. Our book also provides an ancillary package, with numerous resources to support instructors and students. Digital Resources Instructor Resource Site: edge.sagepub.com/schram3e SAGE coursepacks for instructors makes it easy to import our
quality content into your school’s learning management system (LMS).* Intuitive and simple to use, it allows you to Say NO to . . . Required access codes Learning a new system Say YES to . . . Using only the content you want and need High-quality assessment and multimedia exercises *For use in: Blackboard, Canvas, Brightspace by Desire2Learn (D2L), and Moodle Don’t use an LMS platform? No problem, you can still access many of the online resources for your text via SAGE edge. With SAGE coursepacks, you get
Quality textbook content delivered directly into your LMS An intuitive, simple format that makes it easy to integrate the material into your course with minimal effort Assessment tools that foster review, practice, and critical thinking, including Diagnostic chapter coursepack chapter quizzes that identify opportunities for improvement, track student progress, and ensure mastery of key learning objectives Test banks built on Bloom’s Taxonomy that provide a diverse range of test items with ExamView test generation Activity and quiz options that allow you to choose only the assignments and tests you want Instructions on how to use and integrate the comprehensive assessments and resources provided Assignable SAGE Premium Video (available via the interactive eBook version, linked through SAGE coursepacks) that is tied to learning objectives and curated and produced exclusively for
this text to bring concepts to life, featuring Corresponding multimedia assessment options that automatically feed to your gradebook Comprehensive, downloadable, easy-to-use Media Guide in the Coursepack for every video resource, listing the chapter to which the video content is tied, matching learning objective(s), a helpful description of the video content, and assessment questions Author Video: In these videos, Stephen G. Tibbetts introduces and summarizes key concepts in the chapter. Student on the Street Video: These videos feature interviews with students, illustrating common misconceptions of criminal justice. Theory in Action Video: These clips include candid interviews with former offenders and cement theoretical concepts for the students. What Were They Thinking? Videos: In these videos, author Steven G. Tibbetts provides an example of a bizarre crime and links it back to theoretical concepts discussed in the chapter. Editable, chapter-specific PowerPoint® slides that offer flexibility
when creating multimedia lectures, so that you don’t have to start from scratch Lecture notes that summarize key concepts on a chapter-by- chapter basis to help you with preparation for lectures and class discussions Integrated links to the interactive eBook that make it easy for students to maximize their study time with this “anywhere, anytime” mobile-friendly version of the text. It also offers access to more digital tools and resources, including SAGE Premium Video. All tables and figures from the textbook Student Study Site: edge.sagepub.com/schram3e SAGE edge for students enhances learning, it’s easy to use, and it offers An open-access site that makes it easy for students to maximize their study time, anywhere, anytime Video and multimedia resources that bring concepts to life, are
tied to learning objectives, and are curated exclusively for this text, featuring eFlashcards that strengthen understanding of key terms and concepts eQuizzes that allow students to practice and assess how much they’ve learned and where they need to focus their attention Learning Check answers that provide students with the correct answers to questions in the textbook New to This Edition As we mentioned previously, a constant theme of this book is “why do they do it?” We explore different reasons by presenting various cases, both hypothetical and actual, both current and historical. For this edition, we have updated some of these materials, including recent crime data as well as more current news stories. Other significant changes in this edition include the following: Chapter 1 features a more extensive discussion on victimization,
focusing on victims of crime and key concepts in victimology. An entire chapter (Chapter 2) is dedicated to measuring crime. This provides a strong, and essential, foundation to understanding and appreciating how crime data enhance our understanding of criminal activity, with updated statistics from national databases. Most chapters have new case studies, which are introduced at the beginning of the chapter and often revisited at the end in order to explain the offenses and apply the theories discussed in the chapter. A new section on multicide examines the motivations behind mass murders, including school shootings, as well as issues of race and religious ideology linked to these types of crimes. Coverage of contemporary issues—such as gun control, mental health, disparity in the criminal justice system, cybercrime and internet fraud, hate crimes, and terrorism—has been updated. Critical-thinking questions and other textual features help
readers make connections between the real-world examples and theory. The revised learning objectives follow Bloom’s taxonomy and provide a clearer pedagogical framework. Pamela J. Schram, PhD California State University, San Bernardino Stephen G. Tibbetts, PhD Radford University Acknowledgments We would first like to thank former publisher Jerry Westby. It was Jerry’s idea for us to write this book, and he had “gone to bat” for us numerous
times regarding various unique aspects of this text, such as integrating discussion of violent and property street crimes into the theoretical chapters, rather than having separate chapters on these topics at the end of the book, as well as including separate chapters on feminist and developmental/life- course perspectives. This is a rather unorthodox approach, compared to other introductory criminology textbooks, but Jerry was fully supportive, even at the outset. So, for his support of our rather deviant way of approaching this material, he has our highest respect. We would also like to thank the staff at SAGE Publishing for doing such a great job of putting the book together, which includes fixing all the mistakes we made in drafts of the chapters, as well as so many other things that go into producing a book such as this. We specifically want to thank acquisitions editor Jessica Miller, content development editor
Adeline Grout, and production editor Laureen Gleason for all of their help in getting the drafts of the third edition ready to send to the copy editor and for advising us on how to make the book far more polished than it was. We also want to thank our copy editor, Will DeRooy. He did a fantastic job, and it was a pleasure working with him. Also, we offer special thanks to Laura Kearns for pulling together the original filming. Overall, we give the greatest thanks to everyone at SAGE who worked on this book! Pamela Schram would like to acknowledge some very special people who had an influence on her life prior to her college years. First and foremost, she would like to thank her ninth-grade English teacher, Joe Devlin, who, on the first day of class, announced to his students, “I can’t ‘learn’ you. First, that is poor English, and second, that is not how it works. I can teach
you, but the learning part is on you.” Obviously, those words have stuck with Pam; it has been more than 30 years and she still remembers Mr. Devlin’s opening lecture. Later, Mr. Devlin was Pam’s Latin teacher; Pam continued to take Latin, and she was the only student for Latin III. Mr. Devlin would stay after school to conduct this class, and it taught Pam the lengths to which a truly dedicated teacher will go for his or her students. Pam would also like to acknowledge Mrs. Frank, her second- grade teacher. Mrs. Frank was one of those teachers who would infuse learning into fun activities, especially arts and crafts. Mrs. Frank encouraged Pam to write, especially short stories. These were the times when students learned cursive writing on specially lined handwriting paper. Pam still has some
of those short stories written on the “special writing paper.” It brings back many fond memories, as well as an appreciation for another special teacher who touched her life. Pam would finally like to give a special thanks to her organ teacher, Mrs. Cessna. (As you can tell, Pam wasn’t considered popular in school.) Mrs. Cessna was one of the most patient and continuously encouraging teachers Pam has ever had. It may have helped that Mrs. Cessna had some hearing difficulties. When most of her friends were taking piano, Pam decided to try organ lessons. She predictably endured some ridicule, especially from her brothers. Their words of encouragement were something like, “Well, with those lessons you can one day play at the Detroit Tigers stadium.” As Pam has gotten older, she has realized the many special ways
in which numerous people have touched her life. One of those special people was her co-author Steve Tibbetts. Steve was an extremely intelligent and well- respected criminologist. He was also a wonderful friend who delivered vital encouragement, usually with a sense of humor. He was very patient and understanding with her not just when writing this book but during his years at CSUSB. Through his friendship, he helped her be a better person. Stephen Tibbetts would like to thank some of the various individuals who helped him complete this book. First, he would like to thank some of the professors he had while earning his undergraduate degree in criminal justice at the University of Florida, who first exposed him to the study of crime and inspired him to become a criminologist. These professors include Ron Akers, Donna Bishop, and Lonn Lanza-Kaduce. He would also
like to thank several professors who were key influences in his studies during his graduate studies at University of Maryland, such as Denise Gottfredson, Colin Loftin, David McDowell, Lawrence Sherman, and Charles Wellford. A special thanks goes to Raymond Paternoster, who was his mentor during his graduate studies at Maryland and who provided the best advice and support that any mentor could have given. Tibbetts would also like to mention the support and influence of his colleague Alex Piquero, as well as Alex’s wife, Nicole Piquero. He was lucky enough to share an office with Alex in graduate school, and the work that they did together early on in his career was key in inspiring him to do more work on biosocial and life-course criminology, which are
both important portions of this book. Tibbetts’ collaboration with Nicole Piquero on the issues of white-collar crime was important and led to more recent studies in this often-neglected topic of illegal behavior. He would also like to acknowledge several colleagues who have been important in his research in more recent years, such as Matthew Logan and Larry Gaines, both at California State University, San Bernardino; John Paul Wright at University of Cincinnati; Nichole H. Rafter at Northeastern University; Chris L. Gibson at University of Florida; Kevin Beaver at Florida State University; and Cesar Rebellon at University of New Hampshire. Tibbetts would also like to specially acknowledge Jose Rivera, who has contributed much to this book in terms of both video and written sections. Jose has gone above-and-beyond in trying to contribute to the information
provided in this book, given his experience as an inmate for almost 10 years in various prisons in Southern California. He has shown—by not only earning his master’s degree in communication studies, but also winning the Graduate Teaching Assistant of the Year Award from his college at California State University, San Bernardino, in 2012—that those formerly incarcerated can excel. Jose also received the Presidential Volunteer Service Award in 2012 for his work in programs that promote educational opportunities for Latinos. Finally, but most important, Tibbetts would like to thank his co- author on this book, Pamela Schram, for providing him with the inspiration, motivation, and collaboration for completing this project. Without Pam’s constant support and advice, his work on this book could not have materialized. So he gives the highest acknowledgme nt to Pam;
she will always be his most trusted consigliere. Pam and Steve would like to thank the reviewers of the initial proposal for their advice and critiques. They would also like to express their sincere appreciation to their colleagues who reviewed the text and gave them invaluable feedback: Reviewers of the First Edition Kevin Beaver, Florida State University–Tallahassee Doris Chu, Arkansas State University–Jonesboro Christopher Davis, Campbell University–Buies Creek Melissa Deller, University of Wisconsin–Whitewater Daniel Dexheimer, San Jose State University Tina Freiburger, University of Wisconsin–Milwaukee Chris L. Gibson, University of Florida Jennifer Grimes, Indiana State University–Terre Haute W. Bruce Johnson, Houston Community College/Northeast College Michael A. Long, Oklahoma State University
Scott Maggard, Old Dominion University–Norfolk P. J. McGann, University of Michigan–Ann Arbor Anna Netterville, University of Louisiana at Monroe Angela Overton, Old Dominion University–Norfolk Allison Payne, Villanova University–Villanova Lacey Rohledef, University of Cincinnati Anne Strouth, North Central State College–Mansfield Patricia Warren, Florida State University–Tallahassee Henriikka Weir, University of Texas at Dallas–Richardson Douglas Weiss, University of Maryland Shonda Whetstone, Blinn College Reviewers of the Second Edition Marilyn S. Chamberlin, Western Carolina University Charles Crawford, Western Michigan University Dan Dexheimer, San Jose State University Terri L. Earnest, University of Texas at San Antonio Tina L. Freiburger, University of Wisconsin–Milwaukee Frank P. Giarrizzi, Jr., Colorado Technical University Selena M. Respass, Miami Dade College Christopher Salvatore, Montclair State University Shanell Sanchez-Smith, Colorado Mesa University
Julie A. Siddique, University of North Texas at Dallas Lindsey Upton, Old Dominion University Bradley Wright, University of Connecticut Egbert Zavala, University of Texas at El Paso Reviewers of the Third Edition Eric J. Connolly, Sam Houston State University S. Marlon Gayadeen, SUNY Buffalo Christen C. Shea, Polk State College Karin J. Storm, Brandman University Egbert Zavala, University of Texas at El Paso About the Authors Pamela J. Schram has published articles on such topics as violent female offenders, female juvenile gang members, and issues pertaining to women in prison, such as stereotypes about mothers in prison and vocational programming. She has co-authored three books: one on women in
prison, one on theory and practice in feminist criminology, and a juvenile delinquency text. She is currently interested in issues pertaining to elderly prisoners. Dr. Schram has been involved in various research projects that have primarily focused on evaluating the effectiveness of measures such as juvenile diversion options and programs for at-risk youths as well as programs for women in prison. Dr. Schram received her Ph.D. from Michigan State University. She is a professor in the Department of Criminal Justice. She is currently the Associate Dean of the College of Social and Behavioral Sciences at California State University, San Bernardino. Stephen G. Tibbetts was a Professor and Chair in the Department of Criminal Justice at Radford University. He earned his undergraduate degree in criminology and law (with high honors) from the University of
Florida and his master’s and doctoral degrees from the University of Maryland. For more than a decade, he worked as a sworn officer of the court (juvenile), first in Washington County, Tennessee, and then in San Bernardino County, California, providing recommendations for disposing numerous juvenile court cases. He published more than 50 scholarly articles in scientific journals (including Criminology, Justice Quarterly, Journal of Research in Crime and Delinquency, Journal of Criminal Justice, and Criminal Justice and Behavior), as well as nine books, all examining various topics regarding criminal offending and policies to reduce such behavior. One of these books, American Youth Gangs at the Millennium, received a Choice award for Outstanding Academic Title from the American Library Association. In 2010, Tibbetts received a Golden Apple award from the mayor of San
Bernardino for being chosen as the Outstanding Professor at the CSUSB campus. One of his books, Criminals in the Making: Criminality Across the Life Course (SAGE, 2008), was lauded by The Chronicle of Higher Education as a key scholarly publication in advancing the study of biosocial criminology. Chapter 1 Introduction to Criminology Often, crimes such as the mass shooting in Las Vegas, Nevada, in 2017, lead people to ask, “Why do they do it?” © iStockphoto.com/Gain Sapienza Learning Objectives After reading this chapter, you will be able to: 1.1 Identify key concepts in understanding criminology. 1.2 Summarize the general structure and organization of the criminal justice system. 1.3 Identify and characterize a good theory. 1.4 Identify key concepts and issues associated with victimology.
Case Study The “Confidence Man” On July 8, 1849, The New York Herald, in its “Police Intelligence” section, reported the arrest of William Thompson. The Herald wrote that Thompson had been scamming men he met on the streets of New York City. He had a “genteel appearance” and was very personable. After a brief conversation with the target of his scam (i.e., the “mark”), Thompson would ask, “Have you confidence in me to trust me with your watch until tomorrow?” The target, possibly thinking that Thompson was a forgotten acquaintance, would give him his watch.1 The Herald thus disdainfully labeled Thompson a “confidence man,” and the term soon became part of the American vernacular. It is unclear as to why the “Confidence Man” article drew so much attention. However, it gave birth to varying phrases such as “confidence game” and “con
man.”2 In November 2018, it was reported that numerous grandparents in Kentucky were victims of what Kentucky’s attorney general, Andy Beshear, called the “grandparent scam.”3 Essentially, the victims reported that they had received a call from someone claiming to be their grandchild. The “grandchild” had said that he or she was in jail in another state following his or her arrest for driving under the influence and causing an automobile accident. Then, a second person had gotten in on the conversation, claiming to be an attorney or a law enforcement officer. This person had confirmed the scammer’s story. Afterward, the grandparent had been asked to wire money or send cash to pay for the “grandchild’s” bail. The scammer also had asked the grandparent not to tell anyone of this situation, including his or her parents. Generally, the “grandparent scam” follows this type of pattern: A grandparent gets a call from someone posing as his or her grandchild.
The caller explains that he or she is in trouble, with a story such as “There’s been an accident and I’m _____ (in jail, in the hospital, stuck in a foreign country). I need your help.” The caller provides just enough detail to make the story seem believable. Next, the caller informs the grandparent that a third person, such as a lawyer, doctor, or police officer, will explain all of this if the grandparent will call that person. The caller asks the grandparent to send or wire money but “Don’t tell Mom and Dad.”4 According to the Federal Trade Commission, in 2018 one in four people 70 years or older sent money to an imposter whom they believed to be a family member or friend. The median individual loss for these victims of fraud was $9,000.5 The “Confidence Man” and the “grandparent scam” are separated by more than 170 years; the technological expertise needed to carry out these crimes significantly changed during this time. However, what links these two cases is motive—monetary gain.
This is one of the most fascinating questions in the study of crime—although technology has changed how certain crimes are committed (e.g., internet fraud), have the explanations (i.e., “why they do it”) changed? Introduction When introducing students to criminology, it is essential to stress how various concepts and principles of theoretical development are woven into our understanding of, as well as our policy on, crime. This chapter begins with a brief discussion of such concepts as crime, criminal, deviant, criminology, criminal justice, and consensus and conflict perspectives of crime. The following section presents a general summary of the different stages of the adult criminal justice system, as well as the juvenile justice
system. Next, this chapter illustrates how criminology informs policies and programs. Unfortunately, there are instances when policies are not founded on criminological theory and rigorous research but are more of a “knee- jerk” reaction to perceived problems. The concluding section provides an overview of victimology and various issues related to victims of crime. What Is a Crime? There are various definitions of crime. Many scholars have disagreed as to what should be considered a crime. For instance, if one takes a legalistic approach, then crime is that which violates the law. But should one consider, also, whether certain actions cause serious harm? If governments violate the basic human rights of their citizens, for example, are they engaging in criminal behavior?6 crime: there are various definitions of crime. From a legalistic
approach, crime is that which violates the law. As illustrated by these questions, the issue with defining crime from a legalistic approach is that one jurisdiction may designate an action as a crime while another does not. Some acts, such as murder, are against the law in most countries as well as in all jurisdictions of the United States. These are referred to as acts of mala in se (Latin, “evil in itself”), meaning the act is “inherently and essentially evil, that is immoral in its nature and injurious in its consequence, without any regard to the fact of its being noticed or punished by the law of the state.”7 mala in se: acts that are considered inherently evil. Other crimes are known as acts of mala prohibita, which means
“a wrong prohibited; an act which is not inherently immoral, but becomes so because its commission is expressly forbidden by positive law.”8 For instance, in the last few years there has been considerable decriminalization of marijuana. Some states have legalized medical marijuana, while others have legalized both recreational and medical marijuana. mala prohibita: acts that are considered crimes primarily because they have been outlawed by the legal codes in that jurisdiction. This text focuses on both mala in se and mala prohibita offenses, as well as other acts of deviance. Deviant acts are not necessarily against the law but are considered atypical and may be deemed immoral. For example, in Nevada in the 1990s, a young man watched his friend (who was later criminally prosecuted) kill a young girl in a casino bathroom. He never told
anyone of the murder. While most people would consider this highly immoral, at that time, Nevada state law did not require people who witnessed a killing to report it to authorities. This act was deviant, because most would consider it immoral; yet it was not criminal, because it was not against the laws of that jurisdiction. It is essential to note that as a result of this event, Nevada changed its laws to make withholding such information a criminal act. deviance: behaviors that are not normal; includes many illegal acts, as well as activities that are not necessarily criminal but are unusual and often violate social norms. Other acts of deviance are not necessarily seen as immoral but are considered strange and violate social norms. One example of such acts is purposely belching at a formal dinner. These types of deviant acts are
relevant even if not considered criminal under the legal definition, because individuals engaging in these types of activities reveal a disposition toward antisocial behavior often linked to criminal behavior. Further, acts that are frowned upon by most people (e.g., using a cell phone while driving or smoking cigarettes in public) are subject to being declared illegal. Many jurisdictions are attempting to have these behaviors made illegal and have been quite successful, especially in New York and California. While most mala in se activities are also considered highly deviant, this is not necessarily the case for mala prohibita acts. For instance, speeding on a highway (a mala prohibita act)—although it is illegal—is not technically deviant, because many people do it.
This book presents theories for all these types of activities, even those that do not violate the law.9 What Are Criminology and Criminal Justice? The term criminology was coined by Italian law professor Raffaele Garofalo in 1885 (in Italian, criminologia). In 1887, anthropologist Paul Topinard invented its French cognate (criminologie).10 In 1934, American criminologist Edwin Sutherland defined criminology as 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.11 criminology: the scientific study of crime and the reasons why people engage (or don’t engage) in criminal behavior.
Criminology is the scientific study of crime, especially the reasons for engaging in criminal behavior. While other textbooks may provide a more complex definition of crime, the word “scientific” distinguishes our definition from other perspectives and examinations of crime.12 Philosophical and legal examinations of crime are based on logic and deductive reasoning—for example, by developing what makes logical sense. Journalists play a key role in examining crime by exploring what is happening in criminal justice and revealing injustices as well as new forms of crime. However, the philosophical, legal, and journalistic perspectives of crime are not scientific, because they do not involve the use of the scientific method. Criminal justice often refers to the various criminal justice
agencies and institutions (e.g., police, courts, and corrections) that are interrelated and work together toward common goals. Interestingly, many scholars who have referred to criminal justice as a “system” have done so only as a way to collectively refer to those agencies and organizations, rather than to imply that they are interrelated.13 Some individuals argue that criminal justice system is an oxymoron. For instance, Joanne Belknap noted that she preferred to use the terms crime processing, criminal processing, and criminal legal system, given that “the processing of victims and offenders [is] anything but ‘just.’”14 criminal justice: often refers to the various criminal justice agencies and institutions (e.g., police, courts, and corrections) that are interrelated. The Consensus and Conflict Perspectives of Crime A consensus perspective of crime views the formal system of
laws, as well as the enforcement of those laws, as incorporating societal norms for which there is a broad normative consensus.15 The consensus perspective developed from the writings of late-19th- and early-20th- century sociologists such as Durkheim, Weber, Ross, and Sumner.16 This perspective assumes that individuals, for the most part, agree on what is right and wrong, as well as on how those norms have been implemented in laws and the ways in which those laws are enforced. Thus, people obey laws not for fear of punishment but rather because they have internalized societal norms and values and perceive these laws as appropriate.17 The consensus perspective was dominant during the early part of the 20th century. Since the 1950s, however, no major theorist has considered this to be the best
perspective of law. Further, “to the extent that assumptions or hypotheses about consensus theory are still given credence in current theories of law, they are most apt to be found in ‘mutualist’ models.”18 consensus perspective: theories that assume that virtually everyone is in agreement on the laws and therefore assume no conflict in attitudes regarding the laws and rules of society. Around the 1950s, the conflict perspective began challenging the consensus approach.19 The conflict perspective maintai ns that there is conflict between various societal groups with different interests. This conflict is often resolved when the group in power achieves control. conflict perspective: theories of criminal behavior that assume that most people disagree on what the law should be and that law is a means by which those in power maintain their
advantage. Several criminologists, such as Richard Quinney, William Chambliss, and Austin Turk, maintained that criminological theory has placed too much emphasis on explaining criminal behavior, and it needs to shift its focus toward explaining criminal law. That is, the emphasis should not be on understanding the causes of criminal behavior; rather, it should be on understanding the process by which certain behaviors and individuals are formally designated as criminal. From this perspective, instead of asking, “Why do some people commit crimes while others do not?” one would ask, “Why are some behaviors defined as criminal while others are not?” Asking these types of questions raises the issue of whether the formulation and the enforcement of laws equally serve the good of all, not just the interests of those with the power to influence such matters.20
Learning Check 1.1 1. Crime that is evil in itself is referred to as mal a _______________. 2. Acts that are not necessarily against the law but are considered atypical and may be considered more immoral than illegal are _______________ acts. 3. Criminology is distinguished from other perspectives of crime, such as journalistic, philosophical, or legal perspectives, because it involves the use of the _______________. Answers at www.edge.sagepub.com/schram3e http://www.edge.sagepub.com/schram3e The Criminal Justice System According to the 1967 President’s Commission on Law Enforcement and
Administration of Justice: any criminal justice system is an apparatus society uses to enforce the standards of conduct necessary to protect individuals and the community. It operates by apprehending, prosecuting, convicting, and sentencing those members of the community who violate the basic rules of group existence.21 This general purpose of the criminal justice system can be further simplified into three goals: to control crime, to prevent crime, and to provide and maintain justice. The structure and organization of the criminal justice system has evolved in an effort to meet these goals. There are three typically recognized components: law enforcement, courts, and corrections.22 Law Enforcement Law enforcement includes various organiza tional levels (i.e.,
federal, state, and local). One of the key features distinguishing federal law enforcement agencies from state or local agencies is that they have often been established to enforce specific statutes. Thus, their units are highly specialized and often associated with specialized training and resources.23 Federal law enforcement agencies include the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Secret Service, the Marshals Service, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Further, almost all federal agencies, including the Postal Service and the Forest Service, have some police power. In 2002, President George W. Bush restructured the federal agencies, resulting in the establishment of the Department of Homeland Security (DHS) in 2003. The DHS was created in an effort to protect and defend the United States from terrorist threats
following the September 11, 2001, attacks on New York and Washington, DC.24 The earliest form of state police agency to emerge in the present-day United States was the Texas Rangers, founded by Stephen Austin in 1823. By 1925, formal state police departments existed throughout most of the country. While some organizational variations exist among the different states, two models generally characterize the structure of these state police departments. The first model can be designated as state police. Michigan, New York, Pennsylvania, Delaware, Vermont, and Arkansas are states that have a state police structure. These agencies have general police powers and enforce state laws as well as perform routine patrols and traffic regulation. They
have specialized units to investigate major crimes, intelligence units, drug- trafficking units, juvenile units, and crime laboratories. state police: agencies with general police powers to enforce state laws as well as to investigate major crimes; they may have intelligence units, drug-trafficking units, juvenile units, and crime laboratories. The second model can be designated as highway patrol. California, Ohio, Georgia, Florida, and the Carolinas are states that have a highway patrol model. For these agencies, the primary focus is to enforce the laws that govern the operation of motor vehicles on public roads and highways. In some instances, this includes not just enforcing traffic laws but investigating crimes that occur in specific locations or under certain circumstances, such as on state highways or state property.25 highway patrol: one type of model characterizing statewide
police departments. The primary focus is to enforce the laws that govern the operation of motor vehicles on public roads and highways. Agencies on the local level are divided into counties and municipalities. The primary law enforcement office for most counties is that of county sheriff. In most instances, the sheriff is an elected position. The majority of local police officers are employed by municipalities. Most of these agencies comprise fewer than 10 officers. Local police agencies ar e responsible for the “nuts and bolts” of law-enforcement responsibilities. For instance, they engage in crime prevention activities such as patrol their districts and investigate most crimes. Further, these officers are often responsible for providing social services, such as responding to incidents of
domestic violence and child abuse.26 Courts The United States does not have just one judicial system. Rather, the judicial system is quite complex. There are 52 different systems: one for each state, one for the District of Columbia, and one for the federal government. Given this complexity, however, one can characterize the United States as having a dual court system. This dual court system consists of separate yet interrelated systems: the federal courts and the state courts. While there are variations among the states in terms of judicial structure, usually a state court system consists of different levels or tiers, such as lower courts, trial courts, appellate courts, and the state’s highest court. The federal court system is a three-tiered model: district courts (i.e., trial courts) and other specialized courts, courts of appeals, and the Supreme Court
(see Figure 1.1).27 Figure 1.1 Three-Tiered Model of the Federal Court System Source: Adapted from https://judiciallearningcenter.org/levels- of-the- federal-courts. https://judiciallearningcenter.org/levels-of-the-federal-courts Before any case can be brought to a court, that court must have jurisdiction over those individuals involved in the case. Jurisdiction is the authority of a court to hear and decide cases within an area of the law (i.e., subject matter such as serious felonies, civil cases, or misdemeanors) or a geographic territory.28 Essentially, jurisdiction is categorized as limited, general, or appellate: Courts of limited jurisdiction. These are also designated as
“lower courts.” They do not have power that extends to the overall administration of justice; thus, they do not try felony cases and do not have appellate authority. Courts of general jurisdiction. These are also designated as “major trial courts.” They have the power and authority to try and decide any case, including appeals from a lower court. Courts of appellate jurisdiction. These are also designated as “appeals courts.” They are limited in their jurisdiction decisions on matters of appeal from lower courts and trial courts.29 limited jurisdiction: the authority of a court to hear and decide cases within an area of the law or a geographic territory. Every court, including the U.S. Supreme Court, is limited in terms of jurisdiction.
The U.S. Supreme Court in 2019. Front, left to right: Associate Justice Stephen Breyer, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Ruth Bader Ginsburg, Associate Justice Samuel Alito, Jr. Back, left to right: Associate Justice Neil Gorsuch, Associate Justice Sonia Sotomayor, Associate Justice Elena Kagan, and Associate Justice Brett Kavanaugh. Chip Somodevilla/Getty Images North America/Getty Images Corrections After an offender is convicted and sentenced, he or she is processed in the corrections system. An offender can be placed on probation, incarcerated, or transferred to some type of community-based corrections facility. Probation is essentially an arrangement between the sentencing authorities and the offender. While under supervision, the offender must comply with certain terms for a specified amount of time to return to the community. These terms are often referred to as conditions of probation.30
General conditions may include a requirement to regularly report to one’s supervising officer, submit to searches, and not be in possession of firearms or use drugs. Specific conditions can also be imposed, such as participating in methadone maintenance, urine testing, house arrest, vocational training, or psychological or psychiatric treatment.31 There are also variations to probation. For instance, a judge can combine probation with incarceration, such as in shock incarceration, which involves sentencing the offender to a certain amount of time each week (often over the weekend) in jail or another institution; in the interim periods (e.g., Monday–Friday), the offender is on probation. probation: essentially an arrangement between the sentencing authorities and the offender
requiring the offender to comply with certain terms for a specified amount of time. Some offenders are required to serve their sentences in a corrections facility. One type of corrections facility is jail. Jails are often designated for individuals convicted of minor crimes. Jails are also used to house individuals awaiting trial; these people have not been convicted but are incarcerated for various reasons, such as preventative detention. Another type of corrections facility is prison. People sentenced to prison are often those who have been convicted of more serious crimes with longer sentences. There are different types of prisons based on security concerns, such as supermax, maximum-security, medium-security, and minimum- security. Generally, counties and municipalities operate jails, while prisons are operated by federal and state governments.32
jail: jails are often designated for individuals convicted of a minor crime and to house individuals awaiting trial. prison: generally for those convicted of more serious crimes with longer sentences, who may be housed in a supermax-, maximum-, medium-, or minimum-security prison, based on security concerns. Given the rising jail and prison populations, there has been increased use of alternatives to traditional incarceration. Residential sanctions, for example, include halfway houses as well as work-release and study- release. Nonresidential sanctions include house arrest, electronic monitoring, and day reporting centers.33 The Juvenile Justice System In America prior to the 19th century, children were treated the same as
adults in terms of criminal processing. Children were considered as “imperfect” adults or “adults in miniature.” They were held to the same standards of behavior as adults. The American colonists brought with them the common law doctrine from England, which held that juveniles seven years or older could be treated the same as adult offenders. Thus, they were incarcerated with adults and could receive similarly harsh punishments, including the death penalty. It should be noted, however, that youths rarely received such harsh and severe punishments.34 Beginning in the early 19th century, many recognized the need for a separate system for juveniles.35 For instance, Johann Heinrich Pestalozzi, a Swiss educator, maintained that children are distinct from adults, both physically and psychologically. While there is some disagreement in accrediting the
establishment of the first juvenile court, most acknowledge that the first comprehensive juvenile court system was initiated in 1899 in Cook County, Illinois. One key to understanding the juvenile justice system is the concept of parens patriae. This Latin term literally means “parent of the country.” This philosophical perspective recognizes that the state has both the right and the obligation to intervene on behalf of and to protect its citizens who have some impairment or impediment—such as mental incompetence or, in the case of juveniles, immaturity. The primary objective of processing juveniles was to determine what was in the best interest of the child. This resulted in the proceedings resembling a civil case more than a criminal case. The implication of this approach was that the juvenile’s basic constitutional rights were not recognized; these rights included the right to confrontation and cross-
examination of the witnesses, the right to protection against self- incrimination, and compliance regarding the rules of evidence. Another difference between the juvenile justice system and the adult criminal justice system is the use of different terms for similar procedures (see Table 1.1). parens patriae: a philosophical perspective that recognizes that the state has both the right and the obligation to intervene on behalf of its citizens in the case of some impairment or impediment—such as mental incompetence or, in the case of juveniles, age and immaturity. During the 1960s, there was a dramatic increase in juvenile crime. The existing juvenile justice system came under severe criticism, including questions concerning the informal procedures of the juvenile
courts. Eventually, numerous U.S. Supreme Court decisions challenged these procedures, and some maintained that these decisions would radically change the nature of processing juveniles. For instance, in the case In re Gault (1967), the U.S. Supreme Court ruled that a juvenile is entitled to certain due-process protections constitutionally guaranteed to adults, such as a right to notice of the charges, right to counsel, right to confront and cross- examine witnesses, and right against self-incrimination. The case In re Winship (1970) decided that the standard of proof in juvenile delinquency proceedings is proof beyond a reasonable doubt. The first U.S. Supreme Court case to address juvenile court procedures was Kent v. United States (1966). The court ruled that juveniles who are facing a waiver to adult court (see below) are entitled to some essential due-process rights.
Table 1.1 Juvenile Versus Criminal Justice System Terminology Table 1.1 Juvenile Versus Criminal Justice System Terminology Juvenile Justice System Criminal Justice System Adjudicated delinquent – Found to have engaged in delinquent conduct Convict Adjudication hearing – A hearing to determine whether there is evidence beyond a reasonable doubt to support the allegations against the juvenile Trial Aftercare – Supervision of a juvenile after release from an institution Parole Juvenile Justice System Criminal
Justice System Commitment – Decision by a juvenile court judge to send the adjudicated juvenile to an institution Sentence to prison Delinquent act – A behavior committed by a juvenile that would have been a crime if committed by an adult Crime Delinquent – A juvenile who has been adjudicated of a delinquent act in juvenile court Criminal Detention – Short-term secure confinement of a juvenile for the protection of the juvenile or for the protection of society Confinement in jail
Detention center – A facility designed for short- term secure confinement of a juvenile prior to court disposition or execution of a court order Jail Disposition – The sanction imposed on a juvenile who has been adjudicated in juvenile court Sentence Disposition hearing – A hearing held after a juvenile has been adjudicated Sentencing hearing Institution – A facility designed for long-term secure confinement of a juvenile after adjudication (also referred to as a training school) Prison Petition – A document that states the allegations against a juvenile and requests a juvenile court to adjudicate the juvenile
Indictment Juvenile Justice System Criminal Justice System Taken into custody – The action on the part of a police officer to obtain custody of a juvenile accused of committing a delinquent act Arrested Source: Taylor, R. W., & Fritsch, E. J. (2015). Juvenile justice: Policies, programs, and practices (4th ed.). New York, NY: McGraw-Hill Education, p. 9. Used with permission from McGraw-Hill Education. Although the major impetus for establishing the juvenile justice system was to emphasize rehabilitation, since the 1980s, there has been a trend toward a
more punitive approach to juveniles. This trend is due to various converging developments, such as broadening due-process protections for both adults and juveniles, the resurgence of retribution, and societal changes in perceptions about children’s responsibility and accountability.36 Another aspect of this more punitive trend is in reference to transfer provisions— waiving a juvenile offender from the juvenile justice system to the adult criminal justice system. The reasons for waivers have often been that the juvenile justice system cannot provide the needed treatment or protect the community from the offender. In reality, however, the reason for waivers is an immediate increase in the severity of response to the juvenile.37 Learning Check 1.2 1. Law enforcement agencies on the state level that have general police powers as
well as additional functions, such as investigating major crimes, are designated as the _______________ _______________ model. 2. Law enforcement agencies on the state level whose primary focus is to enforce laws concerning public roads and highways are designated as the _______________ _______________ model. 3. Every court, including the U.S. Supreme Court, is limited in terms of _______________. 4. Recognizing that the state has both the right and an obligation to protect juveniles is referred to as _______________ _______________. Answers at www.edge.sagepub.com/schram3e Some states have had transfer provisions since the 1920s; other states have had such provisions since the 1940s.38 Transfer provisions can
be categorized into three types: judicial waiver, concurrent jurisdiction, and statutory exclusion. Judicial waiver: The juvenile court judge has the authority to waive juvenile court jurisdiction and transfer the case to criminal court. States may use terms other than judicial waiver. Some call the process certification, remand, or bind over for criminal prosecution. Others transfer or decline rather than waive jurisdiction. Concurrent jurisdiction: Original jurisdiction for certain cases is shared by both criminal and juvenile courts, and the prosecutor has discretion to file such cases in either court. Transfer under concurrent jurisdiction provisions is also known as prosecutorial waiver, prosecutor discretion, or direct file. Statutory exclusion: State statute excludes certain juvenile offenders from juvenile court jurisdiction. Under statutory exclusion provisions,
cases originate in criminal rather than juvenile court. Statutory exclusion is also known as legislative exclusion.39 judicial waiver: the authority to waive juvenile court jurisdiction and transfer the case to criminal court. concurrent jurisdiction: original jurisdiction for certain cases is shared by both criminal and juvenile courts; the prosecutor has discretion to file such cases in either court. statutory exclusion: excludes certain juvenile offenders from juvenile court jurisdiction; cases originate in criminal rather than juvenile court. While all states have some type of provision that allows some juveniles to be tried in adult criminal court, 34 states have what is termed the “once an adult, always an adult” provision. Under this provision, juveniles who have been tried and convicted as adults must be prosecuted in criminal court for any subsequent offenses.
http://www.edge.sagepub.com/schram3e Criminological Theory Respected scientific theories in all fields of study, whether chemistry, physics, or criminology, tend to have the same characteristics. This is further illustrated by the scientific review process (i.e., blind peer review by experts) used in all fields to assess which studies and theoretical frameworks are of high quality. The criteria that characterize a good theory in chemistry are the same ones used to assess what makes a good criminological theory. These characteristics include parsimony, scope, logical consistency, testability, empirical validity, and policy implications.40 Each of these characteristics is examined in the next section.41 Applying Theory to Crime Motor-Vehicle Theft
A motor-vehicle theft is defined as “the theft or attempted theft of a motor vehicle. A motor vehicle is defined . . . as a self-propelled vehicle that runs on land surfaces and not on rails.”42 Motor vehicles include sport utility vehicles, automobiles, trucks, buses, motorcycles, motor scooters, all-terrain vehicles, and snowmobiles. They do not, however, include farm equipment, bulldozers, airplanes, construction equipment, or watercraft. In 2017, about 773,139 motor-vehicle thefts were reported in the United States. In that time, close to $6 billion was lost as a result of motor-vehicle thefts; the average dollar loss per stolen vehicle was $7,708. Slightly over 75% of all motor-vehicle thefts were automobile thefts. According to the National Insurance Crime Bureau (NICB), in 2016 the Honda Accord (1997 model more than any other) was stolen more often than any other car in the United States. This was followed by the Honda Civic (1998), Ford pickup (full -size) (2006), Chevrolet pickup (full-size) (2004), Toyota Camry (2016), Nissan Altima (2015),
Dodge Ram pickup (full- size) (2001), Toyota Corolla (2015), Chevrolet Impala (2008), and Jeep Cherokee/Grand Cherokee (2000).43 Further, the NICB noted that one should also consider vehicle theft fraud. In the past, vehicle thieves focused on stealing cars and trucks the “old-fashioned way,” such as by forced entry and circumventing ignitions. Today, there are new scams for stealing vehicles that involve fraud: Owner give-ups: The owner falsely claims that the vehicle has been stolen, to collect insurance money. He or she attempts destruction of the evidence—by driving the vehicle to a secluded area and setting it on fire, by submerging it in a lake, or, in extreme cases, burying it underground. Thirty-day specials: Owners whose vehicles need extensive repairs sometimes perpetrate the 30-day-special scam. They will report the vehicle stolen and hide it
for 30 days—just long enough for the insurance company to settle the claim. Once the claim is paid, the vehicle is often found abandoned. Export fraud: After securing a bank loan for a new vehicle, an owner obtains an insurance policy for it. The owner reports the vehicle stolen to a U.S. law enforcement agency but, in reality, has shipped it overseas to be sold on the black market. The owner then collects on the insurance policy, as well as any illegal profits earned through overseas conspirators who sell the vehicle. Phantom vehicles: An individual creates a phony title or registration to secure insurance on a nonexistent vehicle. The insured then reports the vehicle stolen before filing a fraudulent insurance claim. Often, antique or luxury vehicles are used in this scam, since these valuable vehicles produce larger insurance settlements.44 In January 2019, two employees of Tri-County Ambulance in Cleveland, Ohio, were
dispatched to TriPoint Medical Center to pick up a patient.45 These two employees left the ambulance running to keep it warm, given the Ohio winter temperature; they also left the door unlocked. While the employees were inside the medical center, Jennette Askew was leaving the hospital. Ms. Askew was quite upset because she could not get a ride home. So, upon leaving the hospital, when she noticed the ambulance with the motor running, she climbed in and drove away. Tri-County Ambulance was able to track the vehicle through GPS. They forwarded this information to the Willoughby Hills police, who eventually caught up with the ambulance. At the time, Ms. Askew was traveling at about 90 mph. She did eventually pull over; she was arrested for theft of a motor vehicle. After reading about Ms. Askew, you might ask, “Why would she do that?” Perhaps, in her agitated state, she lacked any type of self-control at that moment. Or she reasoned that because no one was able to give her a ride home, it was upon her to find one.
When we read about this type of behavior in a newspaper or hear about it on the news, we may want some kind of explanation. This is what theory attempts to do, but in a more rigorous, scientific manner. Throughout this text, as we discuss various theories, we attempt to apply key points of those theories to either a real or hypothetical situation in boxes labeled “Applying Theory to Crime.” For each of these special boxes, we begin with a brief discussion of a particular crime, such as motor - vehicle theft, robbery, or murder. Subsequently, we apply the relevant theory or theories in that chapter to that particular crime. With this approach, you will obtain general information about particular offenses as well as apply key features of various theories to those crimes. Think About It 1. Why did Ms. Askew steal the ambulance? 2. Are there any mitigating factors that you would consider in this situation?
Five Characteristics of Good Theories Parsimony is attained by explaining a phenomenon, such as criminal activity, in the simplest way possible. Other characteristics being equal, the simpler the theory, the better. The challenge with criminal behavior is that it is highly complex; however, some criminologists have attempted to explain this complex phenomenon using rather simplistic approaches. For instance, the theory of low self-control maintains that one personality factor—low self-control—is responsible for all criminal activity. As will be discussed in Chapter 10, the originators of this theory, Michael Gottfredson and Travis Hirschi, contend that every act of crime and deviance is caused by this same factor: low self-control.46 A simple theory is better than a more complex one. Given the complex nature of criminal behavior, however, it
is likely that a simple explanation, such as identifying one factor to explain all types of criminal and deviant behavior, will not be adequate. parsimony: a characteristic of a good theory, meaning that it explains a certain phenomenon, such as criminal behavior, with the fewest possible propositions or concepts. How would Lombroso classify this person? RAUL ARBOLEDA/AFP/Getty Images Scope is the trait that indicates how much of a given phenomenon the theory attempts to explain. Other traits being equal, the larger the scope, the better the theory. To some extent, this is related to parsimony in the sense that some theories, such as the theory of low self-control, seek to explain all crimes and all deviant acts. Thus, the theory of low self-control has a very wide scope. As we will discuss later, other theories of crime
may attempt to explain only property crime, such as some versions of strain theory or drug use. However, the wider the scope of what a theory can explain, the better the theory. scope: refers to the range of criminal behavior that a theory attempts to explain. Logical consistency is the extent to which a theory makes sense in terms of its concepts and propositions. Sometimes it is easier to illustrate this point with an example. Some theories do not make sense simply because of the face value of their propositions. For instance, Cesare Lombroso maintained that the most serious offenders are born criminals; they are biological throwbacks to an earlier stage of evolutionary development and can be
identified by their physical features.47 Lombroso, who is discussed later in this book, maintained that tattoos were one of the physical features that distinguished these born criminals. This does not make sense, or lacks logical consistency, because tattoos are not biological physical features (i.e., no baby has been born with a tattoo). logical consistency: the extent to which concepts and propositions of a theoretical model make sense in terms of face value and consistency with what is readily known about crime rates and trends. Testability is the extent to which a theory can be empirically and scientifically tested. Some theories simply cannot be tested. A good example of such a theory is Freud’s theory of the psyche, discussed in more detail later in this book. Freud described three domains of the psyche—the conscious ego, the subconscious id, and the superego. None of
these domains, however, can be observed or tested.48 While some theories can be quite influential without being testable (e.g., Freud’s theory), a theoretical model that is untestable and unobservable is at a considerable disadvantage. Fortunately, most established criminological theories can be examined through empirical testing. testability: the extent to which a theoretical model can be empirically or scientifically tested through observation and empirical research. Empirical validity is the extent to which a theoretical model is supported by scientific research. This is closely associated with the previous characteristic of testability. While almost all accepted modern criminological theories are testable, this does not mean they are equal in
terms of empirical validity. empirical validity: the extent to which a theoretical model is supported by scientific research. For instance, deterrence theory proposes in part that offenders will not repeat their crimes if they have been caught and given severe legal punishment. If research finds that this is true for only a small minority of offenders or that punished offenders are only slightly less likely to repeat crimes than are unpunished offenders, then the theory has little empirical validity.49 Thus, questions of empirical validity include these: “What degree of empirical support does the theory have?” “Do the findings of research provide weak or strong support?” “Does the preponderance of evidence support or undermine the theory?”50
Learning Check 1.3 1. When a theory can explain a phenomenon using a simplistic approach, this is considered _______________. 2. A theory that attempts to explain all crimes and all deviant acts is broad in _______________. 3. Empirical validity is the extent to which a theoretical model is supported by _______________. Answers at www.edge.sagepub.com/schram3e Three Requirements for Determining Causality Various criteria are involved in determining whether a certain variable causes another variable to change—in other words, causality. For this discussion, we will refer to the commonly used scientific notation of a predictor variable—called x—as causing an explanatory
variable—called y. These variables are often referred to as an independent or predictor variable (x) and a dependent or explanatory variable (y). These criteria are used for all scientific disciplines, whether chemistry, physics, biology, or http://www.edge.sagepub.com/schram3e criminology. The three criteria required to determine causality are (1) temporal ordering, (2) covariation or correlation, and (3) accounting for spuriousness. Temporal ordering requires that the predictor variable (x) precede the explanatory variable (y) if one is attempting to determine that x causes y. Although this issue of time order appears to be quite obvious, there are instances when this criterion is violated in criminological theories. For
instance, a recent scientific debate has focused on whether delinquency is an outcome variable (y) caused by associations with delinquent peers and associates (x) or whether delinquency (x) causes associations with delinquent peers and associates (y), which then leads to more delinquent behavior. This is an example of temporal ordering, or “which came first, the chicken or the egg?” Research has revealed that both processes often occur, meaning that delinquency and associations with delinquent peers are likely to be both predictor and explanatory variables. temporal ordering: the criterion for determining causality; requires that the predictor variable (x) precede the explanatory variable (y) in time. Correlation or covariation is the extent to which a change in the predictor (x) is associated with a change in the explanatory variable (y). For instance, an increase in unemployment (x) is likely to lead to a rise in
crime rates (y). This would indicate a positive association, because as one variable increases, so does the other. Similarly, an increase in employment (x) is likely to lead to a decrease in crime rates (y). This would be a negative, or inverse, association, because as one variable decreases, the other increases. The criterion of covariance is not met when a change in x does not produce any change in y. Thus, if a significant change in x does not lead to a significant change in y, this criterion is not met. correlation or covariation: a criterion of causality that requires a change in a predictor variable (x) to be consistently associated with some change in the explanatory variable (y). However, correlation alone does not mean that x causes y. For example, ice cream sales (x) tend to be highly associated with crime rates (y). This does not mean that ice cream sales cause higher crime rates. Instead,
other factors, such as warm weather, lead to an increase in both sales of ice cream and the number of people who are outdoors in public areas, which could lead to greater opportunities and tendencies to engage in criminal activity. This example leads to the final criterion for determining causality. Why Do They Do It? David and Louise Turpin Parents Louise and David Turpin following their 2018 arrest. AP Photo/Riverside County Sheriff’s Department via AP In January 2018, a 17-year-old girl escaped from her home in Perris, California. She took a cell phone from the home and dialed 911. When officers arrived, they thought that the
girl was much younger; this was due to her being severely malnourished. Inside the home, according to a police statement, the officers found “several children shackled to their beds with chains and padlocks in dark and foul-smelling surroundings.” In addition to the 17- year-old who had called police, there were 12 siblings in the home, ranging in age from 2 to 29 years.51 For many years, the Turpin children endured severe abuse. Initially the parents tied their children with ropes as punishment. However, when one of the children, who was hogtied, escaped from the ropes, the parents used chains and padlocks. Often the children were shackled to their beds for weeks. There was some evidence that they were not always released to go to the bathroom. Further investigation revealed that the children were allowed to shower once a year. They could wash their hands but if they washed above the wrist area, their parents accused them of playing in the water. David and Louise Turpin rarely fed their children on any type of
schedule. They did buy food for themselves, but the children were not allowed to eat. It was reported that when the parents bought food, including pies, they would leave them on the counter. The children could look at the pies but not eat any of the food. This abhorrent treatment of children went unrecognized by the community because the Turpins were very isolated from other families. The children were not allowed to play with toys; any toys they received were kept in a closet— unopened. The parents did allow the children to write in journals.52 The children were taught to memorize long passages from the Bible. However, the children lacked basic “life skills”: Many of the children did not know what a police officer was, for example, and the 17-year-old who called to report the abuse did not know what pills or medications were upon police questioning.53
David and Louise Turpin are currently in custody, charged with several counts of child abuse, torture, and false imprisonment. They have pleaded “not guilty” to all. If convicted, however, they may receive life sentences.54 Think About It 1. Why were both parents involved in the severe abuse and torture of their children? 2. If the 17-year-old-daughter had not escaped, how long would the abuse have continued? In this text, we will be presenting what some may consider “high-profile” crimes. These are crimes that have received a great deal of media attention due to the individuals involved and/or the horrendous nature of the offense. In some instances, such as the Turpin case, these types of crimes go beyond the question “Why did they do it?” Considering for spuriousness is a complicated way of saying, to
determine that x causes y, other factors (typically called z factors) that could be causing the observed association must be accounted for before we can be sure that x is actually causing y. In other words, these other z factors may account for the observed association between x and y. What often happens is that a third factor (z) causes two events to occur together in time and place. Referring back to Lombroso, tattoos may have predicted criminality at the time he wrote. However, Lombroso did not account for an important z factor— namely, associates or friends who also had tattoos. This z factor caused the simultaneous occurrence of both other factors. spuriousness: when other factors (often referred to as z factors) are actually causing two variables (x and y) to occur at the same time; it may appear as if x causes y, when in fact they are both being caused by z factor(s).
What aspects of this neighborhood would cause it to be classified as “disorganized”? © iStockphoto.com/Pawel Gual Researchers in criminology are fairly good at determining the first two criteria of causality—temporal ordering and covariance or correlation. Most scientists can perform classical experiments that randomly assign participants either to receive or not to receive the experimental manipulation to examine the effect on outcomes. The problem for criminologists, however, is that the factors that appear to be important (according to police officers, parole agents, or corrections officers) are family variables, personality traits, employment variables, intelligence, and other similar characteristics that cannot be experimentally manipulated to control for
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this would be nice to have, since it has an in

  • 1. this would be nice to have, since it has an in memoriam for Steve Tibbetts Introduction to Criminology Third Edition I dedicate this book to my brothers Douglas Monroe and Jeffrey Alan Schram. —Pam Schram I dedicate this book to my loving wife and best friend, Kim Tibbetts. My true soulmate, for the last 20 years and forever. —Steve Tibbetts In Memoriam After many years in academia, we are grateful for having the
  • 2. colleague whom we also consider a dear friend, someone special in our lives. Steve was one of those exceptional colleagues, a dear friend, to me. I will miss our conversations. Those who knew Steve appreciate that those conversations could range from how much snow he was shoveling, to his thoughts on why SEC is so wonderful (I’m Big 10), to his favorite episodes of Law and Order. Steve always expressed such joy and pride when talking about the special loves in his life—his wife, Kim; his daughter, Rian; and his mom and dad, Jane and Steve. Steve was one of those colleagues I could go to when I needed to discuss a possible project, advice on how to handle a situation, or just to “vent.” He always had a way of making things seem better. He was known by many of us in the department to share odd or strange crime stories. For me, he would enjoy sharing some crazy cat news story. By the way, Steve did not really like cats, so you can imagine the type of stories he would share. Steve has made a significant, and lasting, impact in the field of criminology in so many ways. But he has impacted so many people, not just as a criminologist, but as Stephen Tibbetts. He was a wonderful husband, father, son, and dear friend. I will miss him. —Pam Schram
  • 3. Introduction to Criminology Why Do They Do It? Third Edition Pamela J. Schram California State University, San Bernardino Stephen G. Tibbetts Radford University Los Angeles London New Delhi Singapore Washington DC Melbourne FOR INFORMATION: SAGE Publications, Inc. 2455 Teller Road Thousand Oaks, California 91320 E-mail: [email protected] SAGE Publications Ltd. 1 Oliver’s Yard
  • 4. 55 City Road London EC1Y 1SP United Kingdom SAGE Publications India Pvt. Ltd. B 1/I 1 Mohan Cooperative Industrial Area Mathura Road, New Delhi 110 044 India SAGE Publications Asia-Pacific Pte. Ltd. 18 Cross Street #10-10/11/12 China Square Central Singapore 048423 Copyright © 2021 by SAGE Publications, Inc. All rights reserved. Except as permitted by U.S. copyright law, no part of this work may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without permission in writing from the publisher. All third-party trademarks referenced or depicted herein are
  • 5. included solely for the purpose of illustration and are the property of their respective owners. Reference to these trademarks in no way indicates any relationship with, or endorsement by, the trademark owner. Printed in the United States of America Library of Congress Cataloging-in-Publication Data Names: Schram, Pamela J., author. | Tibbetts, Stephen G., author. Title: Introduction to criminology : why do they do it? / Pamela J. Schram, California State University, San Bernardino, Stephen G. Tibbetts, Radford University. Description: Third edition. | Thousand Oaks, California : SAGE Publications, Inc., [2021] | Includes bibliographical references and index. Identifiers: LCCN 2019034242 | ISBN 9781544375731 (paperback) | ISBN 9781544375755 (epub) | ISBN 9781544375762 (epub) | ISBN 9781544375779 (pdf) Subjects: LCSH: Criminology. Classification: LCC HV6025 .S38 2020 | DDC 364—dc23 LC record available at https://lccn.loc.gov/2019034242 This book is printed on acid-free paper. Acquisitions Editor: Jessica Miller
  • 6. Editorial Assistant: Sarah Manheim Content Development Editor: Adeline Grout Production Editor: Laureen Gleason Copy Editor: William DeRooy Typesetter: C&M Digitals (P) Ltd. Proofreader: Theresa Kay Indexer: Will Ragsdale Cover Designer: Scott Van Atta Marketing Manager: Jillian Ragusa https://lccn.loc.gov/2019034242 Brief Contents 1. Preface 2. Acknowledgments 3. About the Authors 4. Chapter 1: Introduction to Criminology 5. Chapter 2: Measuring Crime 6. Chapter 3: The Classical School of Criminological Thought 7. Chapter 4: Contemporary Classical and Deterrence Research 8. Chapter 5: Early Positivism:Biological Theories of Crime 9. Chapter 6: Modern Biosocial Perspectives of Criminal Behavior 10. Chapter 7: Psychological/Trait Theories of Crime 11. Chapter 8: Social Structure Theories of Crime I:Early
  • 7. Development and Strain Models of Crime 12. Chapter 9: Social Structure Theories of Crime II:Social Disorganization and Subcultures 13. Chapter 10: Social Process and Control Theories of Crime 14. Chapter 11: Labeling Theory and Conflict/Marxist/Radical Theories of Crime 15. Chapter 12: Feminist Theories of Crime 16. Chapter 13: Developmental/Life-Course Perspectives on Criminality 17. Chapter 14: White-Collar Crime, Organized Crime, and Cybercrime 18. Chapter 15: Hate Crimes, Mass Murder, Terrorism, and Homeland Security 19. Chapter 16: Drugs and Crime 20. Glossary 21. Notes 22. Index Detailed Contents Preface Acknowledgments About the Authors Chapter 1: Introduction to Criminology • Case Study: The “Confidence Man” Introduction What Is a Crime?
  • 8. What Are Criminology and Criminal Justice? The Consensus and Conflict Perspectives of Crime • Learning Check 1.1 The Criminal Justice System Law Enforcement Courts Corrections The Juvenile Justice System • Learning Check 1.2 Criminological Theory • Applying Theory to Crime: Motor-Vehicle Theft Five Characteristics of Good Theories • Learning Check 1.3 Three Requirements for Determining Causality • Why Do They Do It? David and Louise Turpin Theory Informs Policies and Programs • Victimology Victim Precipitation The Incidence/Prevalence of Victimization Child Abuse and Neglect Compensation and Restitution Victim Impact Statements • Learning Check 1.4 Victim Rights Awareness Conclusion Key Terms Discussion Questions
  • 9. Resources Chapter 2: Measuring Crime • Case Study: September 11, 2001, Victims Introduction Data From Law Enforcement Agencies Uniform Crime Reports Historical Overview The Uniform Crime Reporting (UCR) Program Limitations • Why Do They Do It? An Unusual DUI Offense; Dead Man’s Parrot a Key Witness?; Lottery Winner Arrested; Burglar Can’t Escape the Escape Room • Learning Check 2.1 Supplementary Homicide Reports (SHR) The National Incident-Based Reporting System (NIBRS) Data Collection Limitations Hate Crime Data Law Enforcement Officers Killed and Assaulted (LEOKA) Statistics Data From Victims of Crime: The National Crime Victimization Survey (NCVS) • Learning Check 2.2 Limitations Comparing the NCVS With Uniform Crime Reports
  • 10. Data From Self-Report Surveys Monitoring the Future (MTF) The National Survey on Drug Use and Health (NSDUH) National Youth Survey—Family Study Additional Approaches to Collecting Data The National Prisoner Statistics (NPS) Program • Applying Theory to Crime: Hate Crime Spatial Analyses of Crime • Learning Check 2.3 Conclusion Key Terms Discussion Questions Resources Chapter 3: The Classical School of Criminological Thought • Case Study: Robert Seman, Jr. Introduction Pre-Classical Perspectives on Crime and Punishment The Age of Enlightenment • Learning Check 3.1 The Classical School of Criminology Influences on Beccaria and His Writings Beccaria’s Proposed Reforms and Ideas of Justice Beccaria’s Ideas of the Death Penalty Beccaria’s Concept of Deterrence and the Three Key Elements of Punishment Swiftness of Punishment • Learning Check 3.2
  • 11. Certainty of Punishment Severity of Punishment Beccaria’s Conceptualization of Specific and General Deterrence Summary of Beccaria’s Ideas and Influence on Policy • Learning Check 3.3 The Impact of Beccaria’s Work on Other Theorists The Neoclassical School of Criminology • Why Do They Do It? The Harpe Brothers • Applying Theory to Crime: Other Assaults (Simple) The Decline of Classical/Neoclassical Theory Policy Implications Conclusion Summary of Theories Key Terms Discussion Questions Resources Chapter 4: Contemporary Classical and Deterrence Research • Case Study: The Murder of Kristen Crowley Introduction The Rebirth of Deterrence Theory and Contemporary Research The Four Waves of Modern Deterrence Research Aggregate Studies Cross-Sectional Studies Longitudinal Studies Scenario/Vignette Studies Formal Versus Informal Deterrence Rational Choice Theory
  • 12. • Learning Check 4.1 • Applying Theory to Crime: Driving Under the Influence Routine Activities Theory The Three Elements of Routine Activities Theory Motivated Offender Suitable Targets Lack of Guardianship Applications of Routine Activities Theory The Minneapolis Hot Spots Study Crime Mapping and Geographic Profiling The Lifestyles Perspective • Learning Check 4.2 Policy Implications • Why Do They Do It? The Green River Killer Conclusion Summary of Theories Key Terms Discussion Questions Resources Chapter 5: Early Positivism: Biological Theories of Crime • Case Study: John Lotter, the “Boys Don’t Cry” Killer Introduction Early Biological Theories of Behavior Craniometry Phrenology Physiognomy Lombroso’s Theory of Atavism and Born Criminals Lombroso’s Theory of Crime Lombroso’s List of Stigmata Lombroso as the Father of Criminology and the Father of the
  • 13. Positive School • Learning Check 5.1 Policy Implications • Why Do They Do It? Dr. Harold Shipman • Learning Check 5.2 After Lombroso: The IQ-Testing Era Goddard’s IQ Test Policy Implications Reexamining Intelligence Body-Type Theory: Sheldon’s Model of Somatotyping • Applying Theory to Crime: Burglary • Learning Check 5.3 • Learning Check 5.4 Policy Implications Conclusion Summary of Theories Key Terms Discussion Questions Resources Chapter 6: Modern Biosocial Perspectives of Criminal Behavior • Case Study: The Spahalski Brothers Introduction Nature Versus Nurture: Studies Examining the Influence of Genetics and Environment Family Studies Twin Studies • Learning Check 6.1
  • 14. Adoption Studies Twins Separated at Birth • Learning Check 6.2 Cytogenetic Studies: The XYY Factor Hormones and Neurotransmitters: Chemicals That Determine Criminal Behavior • Applying Theory to Crime: Aggravated Assault Brain Injuries • Learning Check 6.3 Central Versus Autonomic Nervous System Activity • Why Do They Do It? Charles Whitman • Learning Check 6.4 Biosocial Approaches to Explaining Criminal Behavior Behavioral Genetics Studies Diet/Nutrition Toxins • Case Study Revisited: The Spahalski Brothers Policy Implications Conclusion Summary of Theories Key Terms Discussion Questions Resources Chapter 7: Psychological/Trait Theories of Crime • Case Study: Joel Michael Guy, Jr. Introduction Early Psychological Theorizing Regarding Criminal Behavior Freud’s Model of the Psyche and Implications for Criminal
  • 15. Behavior Hans Eysenck: Theory of Crime and Personality Lawrence Kohlberg: Moral Development Heinz’s Dilemma John Bowlby: Attachment Theory Modern Psychological Perspectives of Criminality IQ and Criminal Behavior • Example Case History: Derek B. • Learning Check 7.1 James Q. Wilson and Richard J. Herrnstein: Crime and Human Nature • Applying Theory to Crime: Rape Psychopathy and Crime Mental Health and the Criminal Justice System • Learning Check 7.2 Treatment • Why Do They Do It? Ariel Castro Mental-Health Courts The Insanity Defense The M’Naghten Rule The Irresistible-Impulse Test The Durham Rule The American Law Institute’s Model Penal Code
  • 16. Policy Implications • Learning Check 7.3 Conclusion Summary of Theories Key Terms Discussion Questions Resources Chapter 8: Social Structure Theories of Crime I: Early Development and Strain Models of Crime • Case Study: The Black-Binder Bandit Introduction Early European Theorists of Social Structure: Comte, Guerry, and Quetelet Durkheim and the Concept of Anomie • Learning Check 8.1 • Learning Check 8.2 Merton’s Strain Theory Cultural Context and Assumptions of Strain Theory Merton’s Concept of Anomie and Strain Adaptations to Strain • Learning Check 8.3 Evidence and Criticisms of Merton’s Strain Theory Variations of Merton’s Strain Theory Cohen’s Theory of Lower-Class Status Frustration and Gang Formation Cloward and Ohlin’s Theory of Differential Opportunity General Strain Theory • Why Do They Do It? Christopher Dorner
  • 17. • Learning Check 8.4 Summary of Strain Theories • Why Do They Do It? Gang Lu • Applying Theory to Crime: Bank Robbery Policy Implications Conclusion Summary of Theories Key Terms Discussion Questions Resources Chapter 9: Social Structure Theories of Crime II: Social Disorganization and Subcultures • Case Study: Fraternity Members Charged With Engaging in Alcohol Enemas Introduction The Ecological School and the Chicago School of Criminology Cultural Context: Chicago in the 1800s and Early 1900s Ecological Principles in City Growth and Concentric Circles Shaw and McKay’s Theory of Social Disorganization • Learning Check 9.1 Reactions and Research • Applying Theory to Crime: Stalking Cultural and Subcultural Theories of Crime Early Theoretical Developments and Research in Cultural/Subcultural Theory • Learning Check 9.2 Disparities of Race in Regard to Subcultural Theories of
  • 18. Crime Criticism Policy Implications • Why Do They Do It? Whitey Bulger Conclusion Summary of Theories Key Terms Discussion Questions Resources Chapter 10: Social Process and Control Theories of Crime • Case Study: The Bogles Introduction Learning Theories Differential Association Theory Elements of Differential Association Theory Classical Conditioning Reactions to Differential Association Theory Glaser’s Concept of Differential Identification • Learning Check 10.1 Differential Reinforcement Theory Elements Propositions Psychological Learning Models Operant Conditioning • Applying Theory to Crime: Murder Bandura’s Theory of Imitation/Modeling
  • 19. Reactions to Differential Reinforcement Theory Neutralization Theory Techniques of Neutralization • Learning Check 10.2 Reactions to Neutralization Theory Control Theories Thomas Hobbes’s Social Contract Émile Durkheim’s Idea of Collective Conscience Freud’s Concept of the Id and Superego Early Social Control Theories of Crime Reiss’s Control Theory Toby’s Concept of Stake in Conformity Nye’s Control Theory Reckless’s Containment Theory Modern Social Control Theories of Crime Matza’s Drift Theory Hirschi’s Social Bonding Theory Integrated Social Control Theories Tittle’s Control-Balance Theory Hagan’s Power-Control Theory A General Theory of Crime: Low Self-Control Psychological Aspects Physiological Aspects • Learning Check 10.3 Policy Implications • Why Do They Do It? Jesse Pomeroy Conclusion
  • 20. Summary of Theories Key Terms Discussion Questions Resources Chapter 11: Labeling Theory and Conflict/Marxist/Radical Theories of Crime • Case Study: The Flint Water Crisis Introduction Labeling Theory Foundation Frank Tannenbaum: The Dramatization of Evil Edwin M. Lemert: Primary and Secondary Deviance Howard S. Becker: The Dimensions of Deviance Edwin M. Schur: Defining Deviance Basic Assumptions • Learning Check 11.1 Research • Why Do They Do It? The Murder of Dawn Hamilton Critiques Conflict Perspectives • Applying Theory to Crime: Larceny-Theft Conservative (Pluralist) Conflict Perspectives George Vold: Group Conflict Theory Austin Turk: The Power to Define Criminal Behavior Richard Quinney: The Social Reality of Crime
  • 21. • Learning Check 11.2 Radical Conflict Perspectives Marxist Criminology William Chambliss and Robert Seidman on the U.S. Criminal Justice System Additional Explanations of Crime Using a Marxist Framework Colvin and Pauly’s Integrated Structural-Marxist Theory Herman and Julia Siegel Schwendinger on Adolescent Subcultures Steven Spitzer on Problem Populations • Learning Check 11.3 Research Critiques Additional Critical Theories Peacemaking Criminology The Restorative Justice Perspective Left Realism Policy Implications Conclusion Summary of Theories Key Terms Discussion Questions Resources Chapter 12: Feminist Theories of Crime • Case Study: Gertrude Baniszewski
  • 22. Introduction A Brief History of Feminism in the United States Key Terms Feminist Perspectives on Gender • Learning Check 12.1 The Traditional or Conservative Perspective Liberal Feminism Radical Feminism Marxist and Socialist Feminism Postmodern Feminism • Learning Check 12.2 Additional Feminist Perspectives Traditional Theories of Female Crime Cesare Lombroso: Physical Attributes of Female Offenders William I. Thomas: The Biology of Female Offending Sigmund Freud: Female Inferiority Otto Pollak: Hidden Female Criminality • Learning Check 12.3 Feminist Critiques of Previous Studies of Women and Crime The Liberation Thesis • Applying Theory to Crime: Female Sex Offenders Power-Control Theory Feminist Perspectives on Crime and Criminal Behavior • Why Do They Do It? Lavinia Fisher Objectivity and Subjectivity Qualitative “Versus” Quantitative Analyses
  • 23. Feminist Criminology Critiques of Feminist Theories • Learning Check 12.4 Policies Based on Feminist Theories of Crime Conclusion Summary of Theories Key Terms Discussion Questions Resources Chapter 13: Developmental/Life-Course Perspectives on Criminality • Case Study: The Teen Burglar Introduction Basic Concepts and Early Developmental Theory Antidevelopmental Theory: Low-Self-Control Theory • Learning Check 13.1 Sampson and Laub’s Developmental Model Moffitt’s Developmental Taxonomy • Why Do They Do It? Henry Earl Thornberry’s Interactional Model of Offending Applying Theory to Crime: Arson Case Study Empirical Evidence • Learning Check 13.2 Policy Implications Conclusion Summary of Theories Key Terms Discussion Questions Resources Chapter 14: White-Collar Crime, Organized Crime, and
  • 24. Cybercrime • Case Study: William T. Walters Introduction White-Collar Crime Definitions and History • Learning Check 14.1 Incidence and Impact on Society Economic Costs • Why Do They Do It? Enron Physical Costs Breakdown in Social Fabric Types of White-Collar Crime Crimes Against the Environment • Learning Check 14.2 Labor Violations Theoretical Explanations • Applying Theory to Crime: White-Collar Crime Organized Crime Definition The Historical Context of Organized Crime in the United States Types of Criminal Organization The Mafia Outlaw Motorcyle Gangs Prison Gangs Urban Street Gangs
  • 25. Transnational Organized Crime Criminal Justice Responses The Chicago Crime Commission The Wickersham Commission The Kefauver Committee The McClellan Committee The President’s Commission on Law Enforcement and the Administration of Justice The Organized Crime Control Act of 1970 The President’s Commission on Organized Crime • Learning Check 14.3 Theoretical Explanations Cybercrime Definition Types Hacking Identity Theft Child Pornography Internet Fraud Cyberstalking Criminal Justice Responses The Computer Fraud and Abuse Act of 1984 The Digital Millennium Copyright Act of 1998 The Child Online Protection Act of 1998 The Electronic Communications Privacy Act of 1986 Executive Order 13694: Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities The Strengthening State and Local Cyber Crime
  • 26. Fighting Act of 2017 Theoretical Explanations • Learning Check 14.4 Conclusion Key Terms Discussion Questions Resources Chapter 15: Hate Crimes, Mass Murder, Terrorism, and Homeland Security • Case Study: The Poway Synagogue Shooting Introduction Hate Crimes Definition Hate Groups Anti-Hate-Crime Legislation The Hate Crime Statistics Act of 1990 The Violent Crime Control and Law Enforcement Act of 1994 The Church Arson Prevention Act of 1996 The Campus Hate Crimes Right to Know Act of 1997 The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009 Model State Legislation: Hate Crimes/Violence Against People Experiencing Homelessness Theoretical Explanations of Hate Crimes • Why Do They Do It? The Murder of Matthew Shepard
  • 27. • Learning Check 15.1 Multicide Categories of Mass Killers School Attacks Disparity in Rates of Committing Multicide Across Race and Religious Ideology Terrorism Definition Typologies Extent Historical Context The French Revolution Late-19th-Century and Early-20th-Century Terrorism Contemporary Terrorism • Applying Theory to Crime: Terrorism Current Context Organizational Networks Financial Support The Influence of the Media Domestic Terrorism Theoretical Explanations • Learning Check 15.2 Homeland Security Origins Definition The Homeland Security Organizational Network Agencies Responsible for Homeland Security
  • 28. The Transportation Security Administration (TSA) Citizenship and Immigration Services (USCIS) Immigration and Customs Enforcement (ICE) The Secret Service The Federal Emergency Management Agency (FEMA) The Coast Guard Bureaucratic Problems and Solution s Issues Related to Civil Liberties The Torture Debate Human Rights The Constitution The USA PATRIOT Act of 2001 • Learning Check 15.3 Policy Implications Conclusion Key Terms Discussion Questions Resources
  • 29. Chapter 16: Drugs and Crime • Case Study: Kenneth Saltzman Introduction Depressants Alcohol • Diagnosing Alcohol Problems Barbiturates Tranquilizers (Including Benzodiazepines) Narcotics Morphine Heroin Other Synthetic Narcotics Stimulants Cocaine Amphetamine Methamphetamine Other Commonly Abused Drugs Cannabis and Marijuana Steroids
  • 30. Inhalants Hallucinogens • Learning Check 16.1 Trends of Drug Use The Early History of Cocaine and Opioid Addiction Prohibition Era “Reefer Madness” The 1960s and the Baby Boomers The “War on Drugs” Era Current Trends Regarding Drug Use • Why Do They Do It? Ryan Thomas Haight The Link Between Drugs and Crime • Learning Check 16.2 Modern Policies Related to Reducing Drug Use Interdiction Strategies Eradication Strategies Drug Courts Maintenance and Decriminalization
  • 31. Harm Reduction • Applying Theory to Crime: Drug Selling/Trafficking and Drug Use Legislation and Litigation • Learning Check 16.3 Policy Recommendations • Why Do They Do It? Pablo Escobar Conclusion Key Terms Discussion Questions Resources Glossary Notes Index Preface If you are considering a career in any aspect of criminal justice, and you
  • 32. want to know more about the motivations and socio- psychological makeup of serious offenders, then this book is for you! Introduction to Criminology: Why Do They Do It? applies the dominant theories in the existing criminological literature as to why people commit crimes. In addition, we examine many recent (as well as many hypothetical) examples of serious crimes, and we demonstrate applications of theory as to why the offenders did what they did. While other textbooks do a decent job in discussing the basic theories, as well as exploring the various types of crime, our book integrates various street crimes within each chapter and applies theories that are appropriate in explaining such criminal activity. This is extremely important, because most instructors never get to the latter typology chapters in a given semester or term. So our approach is to incorporate them into the theoretical chapters in which they apply directly to the theories
  • 33. presented. Our specific examples and true stories, such as notable serial killings and other recent crimes, in each chapter, as well as our use of established theoretical models to explain the offenses, is another primary distinction of this book. Obviously, this book is meant to be central to an introductory course in criminology, but due to the emphasis on applied theoretical explanations, it is also appropriate for higher-level undergraduate and graduate courses in criminological theory or as a reference for anyone in the field of criminal justice. In it, we have integrated true crimes (and some hypothetical examples) both on a general level, such as in the Applying Crime to Theory sections, and more specifically—in the Why Do They Do It? sections, which often involve serial killings, mass murderers, or other notorious examples of offenders/offending.
  • 34. The subtitle of our book, “Why Do They Do It?” relates to our theme. Our goal in writing this book was to apply established theories of crime, which are often seen as abstract and hypothetical, to real crimes that have occurred, as well as to hypothetical ones that are quite likely to occur. To this end, we explore the various reasons for offending or the “why they do it” in various cases, from the first documented serial killers in the United States—the Harpe Brothers in the late 18th century—to California cop- killer/spree-killer Christopher Dorner in 2013 and John T. Earnest, who massacred worshippers in a Poway, California, synagogue in 2019. Importantly, throughout these discussions of actual crimes we will apply theories. As you will see, some of the theories that applied to
  • 35. the earliest crimes seem to apply to the most modern crimes as well. Unlike other authors in this field, we chose not to include separate chapters on violent or property crimes, because we have worked those into and applied them to the theories explored in each chapter. We strongly believe that by integrating discussions of such serious crimes—all of the FBI Index offenses of murder, rape, robbery, aggravated assault, burglary, motor- vehicle theft, larceny, and arson, as well as non-Index crimes, such as simple assault and driving under the influence —into the theoretical chapters provides the best exploration of why people commit such offenses. And the flip side is good as well; by discussing offenses together with theories, we show you how to apply theories toward explaining other instances of criminal behavior. Again, this goes back to our theme of “why do they do
  • 36. it?” It demonstrates our goal: apply the appropriate theories for the specific crime. Additionally, our book is different from other textbooks in that we don’t have an overwhelming amount of sidebars and special sections that diverge from the topic at hand. We limited the special sections to a few basic categories, largely based on the goal of this text and mostly dedicated to applying criminological theory to actual offenses or true cases. We feature a separate chapter on feminist criminology. Given that over half of Americans are female, and there has been a recent increase in certain crimes (e.g., simple assault) by women, this is an important addition to the study of crime. Furthermore, while men are still responsible for the vast majority of violent acts—murder, robbery, aggravated assault— in all societies, the pursuit of understanding why women commit so
  • 37. much less violence may have significant implications for reducing violence by men. Another distinctive aspect of this book is that we devoted separate chapters to the developmental/life-course perspective, as well as modern biosocial approaches regarding propensities to commit crime. These two frameworks/perspectives have become some of the most accepted and valid frameworks for explaining criminal behavior. A recent survey of key criminologists in the field showed that the developmental/life- course perspective ranked as the second most accepted perspective in explaining chronic offending (and the biosocial perspective ranked number 6, out of dozens of theories), yet most other textbooks do not cover this perspective as widely or in depth as we do. The developmental/life-course
  • 38. perspective, as well as the biosocial perspective, is “cutting edge” right now, and so we highlight the importance of these theoretical models, as well as the recent empirical studies in those areas. Our text does follow a somewhat traditional format in that it presents theories chronologically from the Classical School to the Positive School of criminology, discussing all the established theories in the areas of social structure, social process, and conflict theories as they became popular over time. However, we look deeply into why certain theories became popular at certain times, which is often due more to politics and societal trends than the empirical validity of a given theory. Students of criminology should understand how historical crime and theories about crime were products of certain periods and certain ways of thinking.
  • 39. Finally, our special typology chapters, the last three chapters of the book, are dedicated to contemporary topics—such as cybercrime, hate crimes, terrorism, white-collar/corporate crimes, and drug-related offenses—as well as several others that do not fit into the FBI Index crimes. We have done our best to provide the most current research on these topics. Gaining insight into these modern forms of offending is vital if you wish to understand the current state of crime in our society. Our book also provides an ancillary package, with numerous resources to support instructors and students. Digital Resources Instructor Resource Site: edge.sagepub.com/schram3e SAGE coursepacks for instructors makes it easy to import our
  • 40. quality content into your school’s learning management system (LMS).* Intuitive and simple to use, it allows you to Say NO to . . . Required access codes Learning a new system Say YES to . . . Using only the content you want and need High-quality assessment and multimedia exercises *For use in: Blackboard, Canvas, Brightspace by Desire2Learn (D2L), and Moodle Don’t use an LMS platform? No problem, you can still access many of the online resources for your text via SAGE edge. With SAGE coursepacks, you get
  • 41. Quality textbook content delivered directly into your LMS An intuitive, simple format that makes it easy to integrate the material into your course with minimal effort Assessment tools that foster review, practice, and critical thinking, including Diagnostic chapter coursepack chapter quizzes that identify opportunities for improvement, track student progress, and ensure mastery of key learning objectives Test banks built on Bloom’s Taxonomy that provide a diverse range of test items with ExamView test generation Activity and quiz options that allow you to choose only the assignments and tests you want Instructions on how to use and integrate the comprehensive assessments and resources provided Assignable SAGE Premium Video (available via the interactive eBook version, linked through SAGE coursepacks) that is tied to learning objectives and curated and produced exclusively for
  • 42. this text to bring concepts to life, featuring Corresponding multimedia assessment options that automatically feed to your gradebook Comprehensive, downloadable, easy-to-use Media Guide in the Coursepack for every video resource, listing the chapter to which the video content is tied, matching learning objective(s), a helpful description of the video content, and assessment questions Author Video: In these videos, Stephen G. Tibbetts introduces and summarizes key concepts in the chapter. Student on the Street Video: These videos feature interviews with students, illustrating common misconceptions of criminal justice. Theory in Action Video: These clips include candid interviews with former offenders and cement theoretical concepts for the students. What Were They Thinking? Videos: In these videos, author Steven G. Tibbetts provides an example of a bizarre crime and links it back to theoretical concepts discussed in the chapter. Editable, chapter-specific PowerPoint® slides that offer flexibility
  • 43. when creating multimedia lectures, so that you don’t have to start from scratch Lecture notes that summarize key concepts on a chapter-by- chapter basis to help you with preparation for lectures and class discussions Integrated links to the interactive eBook that make it easy for students to maximize their study time with this “anywhere, anytime” mobile-friendly version of the text. It also offers access to more digital tools and resources, including SAGE Premium Video. All tables and figures from the textbook Student Study Site: edge.sagepub.com/schram3e SAGE edge for students enhances learning, it’s easy to use, and it offers An open-access site that makes it easy for students to maximize their study time, anywhere, anytime Video and multimedia resources that bring concepts to life, are
  • 44. tied to learning objectives, and are curated exclusively for this text, featuring eFlashcards that strengthen understanding of key terms and concepts eQuizzes that allow students to practice and assess how much they’ve learned and where they need to focus their attention Learning Check answers that provide students with the correct answers to questions in the textbook New to This Edition As we mentioned previously, a constant theme of this book is “why do they do it?” We explore different reasons by presenting various cases, both hypothetical and actual, both current and historical. For this edition, we have updated some of these materials, including recent crime data as well as more current news stories. Other significant changes in this edition include the following: Chapter 1 features a more extensive discussion on victimization,
  • 45. focusing on victims of crime and key concepts in victimology. An entire chapter (Chapter 2) is dedicated to measuring crime. This provides a strong, and essential, foundation to understanding and appreciating how crime data enhance our understanding of criminal activity, with updated statistics from national databases. Most chapters have new case studies, which are introduced at the beginning of the chapter and often revisited at the end in order to explain the offenses and apply the theories discussed in the chapter. A new section on multicide examines the motivations behind mass murders, including school shootings, as well as issues of race and religious ideology linked to these types of crimes. Coverage of contemporary issues—such as gun control, mental health, disparity in the criminal justice system, cybercrime and internet fraud, hate crimes, and terrorism—has been updated. Critical-thinking questions and other textual features help
  • 46. readers make connections between the real-world examples and theory. The revised learning objectives follow Bloom’s taxonomy and provide a clearer pedagogical framework. Pamela J. Schram, PhD California State University, San Bernardino Stephen G. Tibbetts, PhD Radford University Acknowledgments We would first like to thank former publisher Jerry Westby. It was Jerry’s idea for us to write this book, and he had “gone to bat” for us numerous
  • 47. times regarding various unique aspects of this text, such as integrating discussion of violent and property street crimes into the theoretical chapters, rather than having separate chapters on these topics at the end of the book, as well as including separate chapters on feminist and developmental/life- course perspectives. This is a rather unorthodox approach, compared to other introductory criminology textbooks, but Jerry was fully supportive, even at the outset. So, for his support of our rather deviant way of approaching this material, he has our highest respect. We would also like to thank the staff at SAGE Publishing for doing such a great job of putting the book together, which includes fixing all the mistakes we made in drafts of the chapters, as well as so many other things that go into producing a book such as this. We specifically want to thank acquisitions editor Jessica Miller, content development editor
  • 48. Adeline Grout, and production editor Laureen Gleason for all of their help in getting the drafts of the third edition ready to send to the copy editor and for advising us on how to make the book far more polished than it was. We also want to thank our copy editor, Will DeRooy. He did a fantastic job, and it was a pleasure working with him. Also, we offer special thanks to Laura Kearns for pulling together the original filming. Overall, we give the greatest thanks to everyone at SAGE who worked on this book! Pamela Schram would like to acknowledge some very special people who had an influence on her life prior to her college years. First and foremost, she would like to thank her ninth-grade English teacher, Joe Devlin, who, on the first day of class, announced to his students, “I can’t ‘learn’ you. First, that is poor English, and second, that is not how it works. I can teach
  • 49. you, but the learning part is on you.” Obviously, those words have stuck with Pam; it has been more than 30 years and she still remembers Mr. Devlin’s opening lecture. Later, Mr. Devlin was Pam’s Latin teacher; Pam continued to take Latin, and she was the only student for Latin III. Mr. Devlin would stay after school to conduct this class, and it taught Pam the lengths to which a truly dedicated teacher will go for his or her students. Pam would also like to acknowledge Mrs. Frank, her second- grade teacher. Mrs. Frank was one of those teachers who would infuse learning into fun activities, especially arts and crafts. Mrs. Frank encouraged Pam to write, especially short stories. These were the times when students learned cursive writing on specially lined handwriting paper. Pam still has some
  • 50. of those short stories written on the “special writing paper.” It brings back many fond memories, as well as an appreciation for another special teacher who touched her life. Pam would finally like to give a special thanks to her organ teacher, Mrs. Cessna. (As you can tell, Pam wasn’t considered popular in school.) Mrs. Cessna was one of the most patient and continuously encouraging teachers Pam has ever had. It may have helped that Mrs. Cessna had some hearing difficulties. When most of her friends were taking piano, Pam decided to try organ lessons. She predictably endured some ridicule, especially from her brothers. Their words of encouragement were something like, “Well, with those lessons you can one day play at the Detroit Tigers stadium.” As Pam has gotten older, she has realized the many special ways
  • 51. in which numerous people have touched her life. One of those special people was her co-author Steve Tibbetts. Steve was an extremely intelligent and well- respected criminologist. He was also a wonderful friend who delivered vital encouragement, usually with a sense of humor. He was very patient and understanding with her not just when writing this book but during his years at CSUSB. Through his friendship, he helped her be a better person. Stephen Tibbetts would like to thank some of the various individuals who helped him complete this book. First, he would like to thank some of the professors he had while earning his undergraduate degree in criminal justice at the University of Florida, who first exposed him to the study of crime and inspired him to become a criminologist. These professors include Ron Akers, Donna Bishop, and Lonn Lanza-Kaduce. He would also
  • 52. like to thank several professors who were key influences in his studies during his graduate studies at University of Maryland, such as Denise Gottfredson, Colin Loftin, David McDowell, Lawrence Sherman, and Charles Wellford. A special thanks goes to Raymond Paternoster, who was his mentor during his graduate studies at Maryland and who provided the best advice and support that any mentor could have given. Tibbetts would also like to mention the support and influence of his colleague Alex Piquero, as well as Alex’s wife, Nicole Piquero. He was lucky enough to share an office with Alex in graduate school, and the work that they did together early on in his career was key in inspiring him to do more work on biosocial and life-course criminology, which are
  • 53. both important portions of this book. Tibbetts’ collaboration with Nicole Piquero on the issues of white-collar crime was important and led to more recent studies in this often-neglected topic of illegal behavior. He would also like to acknowledge several colleagues who have been important in his research in more recent years, such as Matthew Logan and Larry Gaines, both at California State University, San Bernardino; John Paul Wright at University of Cincinnati; Nichole H. Rafter at Northeastern University; Chris L. Gibson at University of Florida; Kevin Beaver at Florida State University; and Cesar Rebellon at University of New Hampshire. Tibbetts would also like to specially acknowledge Jose Rivera, who has contributed much to this book in terms of both video and written sections. Jose has gone above-and-beyond in trying to contribute to the information
  • 54. provided in this book, given his experience as an inmate for almost 10 years in various prisons in Southern California. He has shown—by not only earning his master’s degree in communication studies, but also winning the Graduate Teaching Assistant of the Year Award from his college at California State University, San Bernardino, in 2012—that those formerly incarcerated can excel. Jose also received the Presidential Volunteer Service Award in 2012 for his work in programs that promote educational opportunities for Latinos. Finally, but most important, Tibbetts would like to thank his co- author on this book, Pamela Schram, for providing him with the inspiration, motivation, and collaboration for completing this project. Without Pam’s constant support and advice, his work on this book could not have materialized. So he gives the highest acknowledgme nt to Pam;
  • 55. she will always be his most trusted consigliere. Pam and Steve would like to thank the reviewers of the initial proposal for their advice and critiques. They would also like to express their sincere appreciation to their colleagues who reviewed the text and gave them invaluable feedback: Reviewers of the First Edition Kevin Beaver, Florida State University–Tallahassee Doris Chu, Arkansas State University–Jonesboro Christopher Davis, Campbell University–Buies Creek Melissa Deller, University of Wisconsin–Whitewater Daniel Dexheimer, San Jose State University Tina Freiburger, University of Wisconsin–Milwaukee Chris L. Gibson, University of Florida Jennifer Grimes, Indiana State University–Terre Haute W. Bruce Johnson, Houston Community College/Northeast College Michael A. Long, Oklahoma State University
  • 56. Scott Maggard, Old Dominion University–Norfolk P. J. McGann, University of Michigan–Ann Arbor Anna Netterville, University of Louisiana at Monroe Angela Overton, Old Dominion University–Norfolk Allison Payne, Villanova University–Villanova Lacey Rohledef, University of Cincinnati Anne Strouth, North Central State College–Mansfield Patricia Warren, Florida State University–Tallahassee Henriikka Weir, University of Texas at Dallas–Richardson Douglas Weiss, University of Maryland Shonda Whetstone, Blinn College Reviewers of the Second Edition Marilyn S. Chamberlin, Western Carolina University Charles Crawford, Western Michigan University Dan Dexheimer, San Jose State University Terri L. Earnest, University of Texas at San Antonio Tina L. Freiburger, University of Wisconsin–Milwaukee Frank P. Giarrizzi, Jr., Colorado Technical University Selena M. Respass, Miami Dade College Christopher Salvatore, Montclair State University Shanell Sanchez-Smith, Colorado Mesa University
  • 57. Julie A. Siddique, University of North Texas at Dallas Lindsey Upton, Old Dominion University Bradley Wright, University of Connecticut Egbert Zavala, University of Texas at El Paso Reviewers of the Third Edition Eric J. Connolly, Sam Houston State University S. Marlon Gayadeen, SUNY Buffalo Christen C. Shea, Polk State College Karin J. Storm, Brandman University Egbert Zavala, University of Texas at El Paso About the Authors Pamela J. Schram has published articles on such topics as violent female offenders, female juvenile gang members, and issues pertaining to women in prison, such as stereotypes about mothers in prison and vocational programming. She has co-authored three books: one on women in
  • 58. prison, one on theory and practice in feminist criminology, and a juvenile delinquency text. She is currently interested in issues pertaining to elderly prisoners. Dr. Schram has been involved in various research projects that have primarily focused on evaluating the effectiveness of measures such as juvenile diversion options and programs for at-risk youths as well as programs for women in prison. Dr. Schram received her Ph.D. from Michigan State University. She is a professor in the Department of Criminal Justice. She is currently the Associate Dean of the College of Social and Behavioral Sciences at California State University, San Bernardino. Stephen G. Tibbetts was a Professor and Chair in the Department of Criminal Justice at Radford University. He earned his undergraduate degree in criminology and law (with high honors) from the University of
  • 59. Florida and his master’s and doctoral degrees from the University of Maryland. For more than a decade, he worked as a sworn officer of the court (juvenile), first in Washington County, Tennessee, and then in San Bernardino County, California, providing recommendations for disposing numerous juvenile court cases. He published more than 50 scholarly articles in scientific journals (including Criminology, Justice Quarterly, Journal of Research in Crime and Delinquency, Journal of Criminal Justice, and Criminal Justice and Behavior), as well as nine books, all examining various topics regarding criminal offending and policies to reduce such behavior. One of these books, American Youth Gangs at the Millennium, received a Choice award for Outstanding Academic Title from the American Library Association. In 2010, Tibbetts received a Golden Apple award from the mayor of San
  • 60. Bernardino for being chosen as the Outstanding Professor at the CSUSB campus. One of his books, Criminals in the Making: Criminality Across the Life Course (SAGE, 2008), was lauded by The Chronicle of Higher Education as a key scholarly publication in advancing the study of biosocial criminology. Chapter 1 Introduction to Criminology Often, crimes such as the mass shooting in Las Vegas, Nevada, in 2017, lead people to ask, “Why do they do it?” © iStockphoto.com/Gain Sapienza Learning Objectives After reading this chapter, you will be able to: 1.1 Identify key concepts in understanding criminology. 1.2 Summarize the general structure and organization of the criminal justice system. 1.3 Identify and characterize a good theory. 1.4 Identify key concepts and issues associated with victimology.
  • 61. Case Study The “Confidence Man” On July 8, 1849, The New York Herald, in its “Police Intelligence” section, reported the arrest of William Thompson. The Herald wrote that Thompson had been scamming men he met on the streets of New York City. He had a “genteel appearance” and was very personable. After a brief conversation with the target of his scam (i.e., the “mark”), Thompson would ask, “Have you confidence in me to trust me with your watch until tomorrow?” The target, possibly thinking that Thompson was a forgotten acquaintance, would give him his watch.1 The Herald thus disdainfully labeled Thompson a “confidence man,” and the term soon became part of the American vernacular. It is unclear as to why the “Confidence Man” article drew so much attention. However, it gave birth to varying phrases such as “confidence game” and “con
  • 62. man.”2 In November 2018, it was reported that numerous grandparents in Kentucky were victims of what Kentucky’s attorney general, Andy Beshear, called the “grandparent scam.”3 Essentially, the victims reported that they had received a call from someone claiming to be their grandchild. The “grandchild” had said that he or she was in jail in another state following his or her arrest for driving under the influence and causing an automobile accident. Then, a second person had gotten in on the conversation, claiming to be an attorney or a law enforcement officer. This person had confirmed the scammer’s story. Afterward, the grandparent had been asked to wire money or send cash to pay for the “grandchild’s” bail. The scammer also had asked the grandparent not to tell anyone of this situation, including his or her parents. Generally, the “grandparent scam” follows this type of pattern: A grandparent gets a call from someone posing as his or her grandchild.
  • 63. The caller explains that he or she is in trouble, with a story such as “There’s been an accident and I’m _____ (in jail, in the hospital, stuck in a foreign country). I need your help.” The caller provides just enough detail to make the story seem believable. Next, the caller informs the grandparent that a third person, such as a lawyer, doctor, or police officer, will explain all of this if the grandparent will call that person. The caller asks the grandparent to send or wire money but “Don’t tell Mom and Dad.”4 According to the Federal Trade Commission, in 2018 one in four people 70 years or older sent money to an imposter whom they believed to be a family member or friend. The median individual loss for these victims of fraud was $9,000.5 The “Confidence Man” and the “grandparent scam” are separated by more than 170 years; the technological expertise needed to carry out these crimes significantly changed during this time. However, what links these two cases is motive—monetary gain.
  • 64. This is one of the most fascinating questions in the study of crime—although technology has changed how certain crimes are committed (e.g., internet fraud), have the explanations (i.e., “why they do it”) changed? Introduction When introducing students to criminology, it is essential to stress how various concepts and principles of theoretical development are woven into our understanding of, as well as our policy on, crime. This chapter begins with a brief discussion of such concepts as crime, criminal, deviant, criminology, criminal justice, and consensus and conflict perspectives of crime. The following section presents a general summary of the different stages of the adult criminal justice system, as well as the juvenile justice
  • 65. system. Next, this chapter illustrates how criminology informs policies and programs. Unfortunately, there are instances when policies are not founded on criminological theory and rigorous research but are more of a “knee- jerk” reaction to perceived problems. The concluding section provides an overview of victimology and various issues related to victims of crime. What Is a Crime? There are various definitions of crime. Many scholars have disagreed as to what should be considered a crime. For instance, if one takes a legalistic approach, then crime is that which violates the law. But should one consider, also, whether certain actions cause serious harm? If governments violate the basic human rights of their citizens, for example, are they engaging in criminal behavior?6 crime: there are various definitions of crime. From a legalistic
  • 66. approach, crime is that which violates the law. As illustrated by these questions, the issue with defining crime from a legalistic approach is that one jurisdiction may designate an action as a crime while another does not. Some acts, such as murder, are against the law in most countries as well as in all jurisdictions of the United States. These are referred to as acts of mala in se (Latin, “evil in itself”), meaning the act is “inherently and essentially evil, that is immoral in its nature and injurious in its consequence, without any regard to the fact of its being noticed or punished by the law of the state.”7 mala in se: acts that are considered inherently evil. Other crimes are known as acts of mala prohibita, which means
  • 67. “a wrong prohibited; an act which is not inherently immoral, but becomes so because its commission is expressly forbidden by positive law.”8 For instance, in the last few years there has been considerable decriminalization of marijuana. Some states have legalized medical marijuana, while others have legalized both recreational and medical marijuana. mala prohibita: acts that are considered crimes primarily because they have been outlawed by the legal codes in that jurisdiction. This text focuses on both mala in se and mala prohibita offenses, as well as other acts of deviance. Deviant acts are not necessarily against the law but are considered atypical and may be deemed immoral. For example, in Nevada in the 1990s, a young man watched his friend (who was later criminally prosecuted) kill a young girl in a casino bathroom. He never told
  • 68. anyone of the murder. While most people would consider this highly immoral, at that time, Nevada state law did not require people who witnessed a killing to report it to authorities. This act was deviant, because most would consider it immoral; yet it was not criminal, because it was not against the laws of that jurisdiction. It is essential to note that as a result of this event, Nevada changed its laws to make withholding such information a criminal act. deviance: behaviors that are not normal; includes many illegal acts, as well as activities that are not necessarily criminal but are unusual and often violate social norms. Other acts of deviance are not necessarily seen as immoral but are considered strange and violate social norms. One example of such acts is purposely belching at a formal dinner. These types of deviant acts are
  • 69. relevant even if not considered criminal under the legal definition, because individuals engaging in these types of activities reveal a disposition toward antisocial behavior often linked to criminal behavior. Further, acts that are frowned upon by most people (e.g., using a cell phone while driving or smoking cigarettes in public) are subject to being declared illegal. Many jurisdictions are attempting to have these behaviors made illegal and have been quite successful, especially in New York and California. While most mala in se activities are also considered highly deviant, this is not necessarily the case for mala prohibita acts. For instance, speeding on a highway (a mala prohibita act)—although it is illegal—is not technically deviant, because many people do it.
  • 70. This book presents theories for all these types of activities, even those that do not violate the law.9 What Are Criminology and Criminal Justice? The term criminology was coined by Italian law professor Raffaele Garofalo in 1885 (in Italian, criminologia). In 1887, anthropologist Paul Topinard invented its French cognate (criminologie).10 In 1934, American criminologist Edwin Sutherland defined criminology as 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.11 criminology: the scientific study of crime and the reasons why people engage (or don’t engage) in criminal behavior.
  • 71. Criminology is the scientific study of crime, especially the reasons for engaging in criminal behavior. While other textbooks may provide a more complex definition of crime, the word “scientific” distinguishes our definition from other perspectives and examinations of crime.12 Philosophical and legal examinations of crime are based on logic and deductive reasoning—for example, by developing what makes logical sense. Journalists play a key role in examining crime by exploring what is happening in criminal justice and revealing injustices as well as new forms of crime. However, the philosophical, legal, and journalistic perspectives of crime are not scientific, because they do not involve the use of the scientific method. Criminal justice often refers to the various criminal justice
  • 72. agencies and institutions (e.g., police, courts, and corrections) that are interrelated and work together toward common goals. Interestingly, many scholars who have referred to criminal justice as a “system” have done so only as a way to collectively refer to those agencies and organizations, rather than to imply that they are interrelated.13 Some individuals argue that criminal justice system is an oxymoron. For instance, Joanne Belknap noted that she preferred to use the terms crime processing, criminal processing, and criminal legal system, given that “the processing of victims and offenders [is] anything but ‘just.’”14 criminal justice: often refers to the various criminal justice agencies and institutions (e.g., police, courts, and corrections) that are interrelated. The Consensus and Conflict Perspectives of Crime A consensus perspective of crime views the formal system of
  • 73. laws, as well as the enforcement of those laws, as incorporating societal norms for which there is a broad normative consensus.15 The consensus perspective developed from the writings of late-19th- and early-20th- century sociologists such as Durkheim, Weber, Ross, and Sumner.16 This perspective assumes that individuals, for the most part, agree on what is right and wrong, as well as on how those norms have been implemented in laws and the ways in which those laws are enforced. Thus, people obey laws not for fear of punishment but rather because they have internalized societal norms and values and perceive these laws as appropriate.17 The consensus perspective was dominant during the early part of the 20th century. Since the 1950s, however, no major theorist has considered this to be the best
  • 74. perspective of law. Further, “to the extent that assumptions or hypotheses about consensus theory are still given credence in current theories of law, they are most apt to be found in ‘mutualist’ models.”18 consensus perspective: theories that assume that virtually everyone is in agreement on the laws and therefore assume no conflict in attitudes regarding the laws and rules of society. Around the 1950s, the conflict perspective began challenging the consensus approach.19 The conflict perspective maintai ns that there is conflict between various societal groups with different interests. This conflict is often resolved when the group in power achieves control. conflict perspective: theories of criminal behavior that assume that most people disagree on what the law should be and that law is a means by which those in power maintain their
  • 75. advantage. Several criminologists, such as Richard Quinney, William Chambliss, and Austin Turk, maintained that criminological theory has placed too much emphasis on explaining criminal behavior, and it needs to shift its focus toward explaining criminal law. That is, the emphasis should not be on understanding the causes of criminal behavior; rather, it should be on understanding the process by which certain behaviors and individuals are formally designated as criminal. From this perspective, instead of asking, “Why do some people commit crimes while others do not?” one would ask, “Why are some behaviors defined as criminal while others are not?” Asking these types of questions raises the issue of whether the formulation and the enforcement of laws equally serve the good of all, not just the interests of those with the power to influence such matters.20
  • 76. Learning Check 1.1 1. Crime that is evil in itself is referred to as mal a _______________. 2. Acts that are not necessarily against the law but are considered atypical and may be considered more immoral than illegal are _______________ acts. 3. Criminology is distinguished from other perspectives of crime, such as journalistic, philosophical, or legal perspectives, because it involves the use of the _______________. Answers at www.edge.sagepub.com/schram3e http://www.edge.sagepub.com/schram3e The Criminal Justice System According to the 1967 President’s Commission on Law Enforcement and
  • 77. Administration of Justice: any criminal justice system is an apparatus society uses to enforce the standards of conduct necessary to protect individuals and the community. It operates by apprehending, prosecuting, convicting, and sentencing those members of the community who violate the basic rules of group existence.21 This general purpose of the criminal justice system can be further simplified into three goals: to control crime, to prevent crime, and to provide and maintain justice. The structure and organization of the criminal justice system has evolved in an effort to meet these goals. There are three typically recognized components: law enforcement, courts, and corrections.22 Law Enforcement Law enforcement includes various organiza tional levels (i.e.,
  • 78. federal, state, and local). One of the key features distinguishing federal law enforcement agencies from state or local agencies is that they have often been established to enforce specific statutes. Thus, their units are highly specialized and often associated with specialized training and resources.23 Federal law enforcement agencies include the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Secret Service, the Marshals Service, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Further, almost all federal agencies, including the Postal Service and the Forest Service, have some police power. In 2002, President George W. Bush restructured the federal agencies, resulting in the establishment of the Department of Homeland Security (DHS) in 2003. The DHS was created in an effort to protect and defend the United States from terrorist threats
  • 79. following the September 11, 2001, attacks on New York and Washington, DC.24 The earliest form of state police agency to emerge in the present-day United States was the Texas Rangers, founded by Stephen Austin in 1823. By 1925, formal state police departments existed throughout most of the country. While some organizational variations exist among the different states, two models generally characterize the structure of these state police departments. The first model can be designated as state police. Michigan, New York, Pennsylvania, Delaware, Vermont, and Arkansas are states that have a state police structure. These agencies have general police powers and enforce state laws as well as perform routine patrols and traffic regulation. They
  • 80. have specialized units to investigate major crimes, intelligence units, drug- trafficking units, juvenile units, and crime laboratories. state police: agencies with general police powers to enforce state laws as well as to investigate major crimes; they may have intelligence units, drug-trafficking units, juvenile units, and crime laboratories. The second model can be designated as highway patrol. California, Ohio, Georgia, Florida, and the Carolinas are states that have a highway patrol model. For these agencies, the primary focus is to enforce the laws that govern the operation of motor vehicles on public roads and highways. In some instances, this includes not just enforcing traffic laws but investigating crimes that occur in specific locations or under certain circumstances, such as on state highways or state property.25 highway patrol: one type of model characterizing statewide
  • 81. police departments. The primary focus is to enforce the laws that govern the operation of motor vehicles on public roads and highways. Agencies on the local level are divided into counties and municipalities. The primary law enforcement office for most counties is that of county sheriff. In most instances, the sheriff is an elected position. The majority of local police officers are employed by municipalities. Most of these agencies comprise fewer than 10 officers. Local police agencies ar e responsible for the “nuts and bolts” of law-enforcement responsibilities. For instance, they engage in crime prevention activities such as patrol their districts and investigate most crimes. Further, these officers are often responsible for providing social services, such as responding to incidents of
  • 82. domestic violence and child abuse.26 Courts The United States does not have just one judicial system. Rather, the judicial system is quite complex. There are 52 different systems: one for each state, one for the District of Columbia, and one for the federal government. Given this complexity, however, one can characterize the United States as having a dual court system. This dual court system consists of separate yet interrelated systems: the federal courts and the state courts. While there are variations among the states in terms of judicial structure, usually a state court system consists of different levels or tiers, such as lower courts, trial courts, appellate courts, and the state’s highest court. The federal court system is a three-tiered model: district courts (i.e., trial courts) and other specialized courts, courts of appeals, and the Supreme Court
  • 83. (see Figure 1.1).27 Figure 1.1 Three-Tiered Model of the Federal Court System Source: Adapted from https://judiciallearningcenter.org/levels- of-the- federal-courts. https://judiciallearningcenter.org/levels-of-the-federal-courts Before any case can be brought to a court, that court must have jurisdiction over those individuals involved in the case. Jurisdiction is the authority of a court to hear and decide cases within an area of the law (i.e., subject matter such as serious felonies, civil cases, or misdemeanors) or a geographic territory.28 Essentially, jurisdiction is categorized as limited, general, or appellate: Courts of limited jurisdiction. These are also designated as
  • 84. “lower courts.” They do not have power that extends to the overall administration of justice; thus, they do not try felony cases and do not have appellate authority. Courts of general jurisdiction. These are also designated as “major trial courts.” They have the power and authority to try and decide any case, including appeals from a lower court. Courts of appellate jurisdiction. These are also designated as “appeals courts.” They are limited in their jurisdiction decisions on matters of appeal from lower courts and trial courts.29 limited jurisdiction: the authority of a court to hear and decide cases within an area of the law or a geographic territory. Every court, including the U.S. Supreme Court, is limited in terms of jurisdiction.
  • 85. The U.S. Supreme Court in 2019. Front, left to right: Associate Justice Stephen Breyer, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Ruth Bader Ginsburg, Associate Justice Samuel Alito, Jr. Back, left to right: Associate Justice Neil Gorsuch, Associate Justice Sonia Sotomayor, Associate Justice Elena Kagan, and Associate Justice Brett Kavanaugh. Chip Somodevilla/Getty Images North America/Getty Images Corrections After an offender is convicted and sentenced, he or she is processed in the corrections system. An offender can be placed on probation, incarcerated, or transferred to some type of community-based corrections facility. Probation is essentially an arrangement between the sentencing authorities and the offender. While under supervision, the offender must comply with certain terms for a specified amount of time to return to the community. These terms are often referred to as conditions of probation.30
  • 86. General conditions may include a requirement to regularly report to one’s supervising officer, submit to searches, and not be in possession of firearms or use drugs. Specific conditions can also be imposed, such as participating in methadone maintenance, urine testing, house arrest, vocational training, or psychological or psychiatric treatment.31 There are also variations to probation. For instance, a judge can combine probation with incarceration, such as in shock incarceration, which involves sentencing the offender to a certain amount of time each week (often over the weekend) in jail or another institution; in the interim periods (e.g., Monday–Friday), the offender is on probation. probation: essentially an arrangement between the sentencing authorities and the offender
  • 87. requiring the offender to comply with certain terms for a specified amount of time. Some offenders are required to serve their sentences in a corrections facility. One type of corrections facility is jail. Jails are often designated for individuals convicted of minor crimes. Jails are also used to house individuals awaiting trial; these people have not been convicted but are incarcerated for various reasons, such as preventative detention. Another type of corrections facility is prison. People sentenced to prison are often those who have been convicted of more serious crimes with longer sentences. There are different types of prisons based on security concerns, such as supermax, maximum-security, medium-security, and minimum- security. Generally, counties and municipalities operate jails, while prisons are operated by federal and state governments.32
  • 88. jail: jails are often designated for individuals convicted of a minor crime and to house individuals awaiting trial. prison: generally for those convicted of more serious crimes with longer sentences, who may be housed in a supermax-, maximum-, medium-, or minimum-security prison, based on security concerns. Given the rising jail and prison populations, there has been increased use of alternatives to traditional incarceration. Residential sanctions, for example, include halfway houses as well as work-release and study- release. Nonresidential sanctions include house arrest, electronic monitoring, and day reporting centers.33 The Juvenile Justice System In America prior to the 19th century, children were treated the same as
  • 89. adults in terms of criminal processing. Children were considered as “imperfect” adults or “adults in miniature.” They were held to the same standards of behavior as adults. The American colonists brought with them the common law doctrine from England, which held that juveniles seven years or older could be treated the same as adult offenders. Thus, they were incarcerated with adults and could receive similarly harsh punishments, including the death penalty. It should be noted, however, that youths rarely received such harsh and severe punishments.34 Beginning in the early 19th century, many recognized the need for a separate system for juveniles.35 For instance, Johann Heinrich Pestalozzi, a Swiss educator, maintained that children are distinct from adults, both physically and psychologically. While there is some disagreement in accrediting the
  • 90. establishment of the first juvenile court, most acknowledge that the first comprehensive juvenile court system was initiated in 1899 in Cook County, Illinois. One key to understanding the juvenile justice system is the concept of parens patriae. This Latin term literally means “parent of the country.” This philosophical perspective recognizes that the state has both the right and the obligation to intervene on behalf of and to protect its citizens who have some impairment or impediment—such as mental incompetence or, in the case of juveniles, immaturity. The primary objective of processing juveniles was to determine what was in the best interest of the child. This resulted in the proceedings resembling a civil case more than a criminal case. The implication of this approach was that the juvenile’s basic constitutional rights were not recognized; these rights included the right to confrontation and cross-
  • 91. examination of the witnesses, the right to protection against self- incrimination, and compliance regarding the rules of evidence. Another difference between the juvenile justice system and the adult criminal justice system is the use of different terms for similar procedures (see Table 1.1). parens patriae: a philosophical perspective that recognizes that the state has both the right and the obligation to intervene on behalf of its citizens in the case of some impairment or impediment—such as mental incompetence or, in the case of juveniles, age and immaturity. During the 1960s, there was a dramatic increase in juvenile crime. The existing juvenile justice system came under severe criticism, including questions concerning the informal procedures of the juvenile
  • 92. courts. Eventually, numerous U.S. Supreme Court decisions challenged these procedures, and some maintained that these decisions would radically change the nature of processing juveniles. For instance, in the case In re Gault (1967), the U.S. Supreme Court ruled that a juvenile is entitled to certain due-process protections constitutionally guaranteed to adults, such as a right to notice of the charges, right to counsel, right to confront and cross- examine witnesses, and right against self-incrimination. The case In re Winship (1970) decided that the standard of proof in juvenile delinquency proceedings is proof beyond a reasonable doubt. The first U.S. Supreme Court case to address juvenile court procedures was Kent v. United States (1966). The court ruled that juveniles who are facing a waiver to adult court (see below) are entitled to some essential due-process rights.
  • 93. Table 1.1 Juvenile Versus Criminal Justice System Terminology Table 1.1 Juvenile Versus Criminal Justice System Terminology Juvenile Justice System Criminal Justice System Adjudicated delinquent – Found to have engaged in delinquent conduct Convict Adjudication hearing – A hearing to determine whether there is evidence beyond a reasonable doubt to support the allegations against the juvenile Trial Aftercare – Supervision of a juvenile after release from an institution Parole Juvenile Justice System Criminal
  • 94. Justice System Commitment – Decision by a juvenile court judge to send the adjudicated juvenile to an institution Sentence to prison Delinquent act – A behavior committed by a juvenile that would have been a crime if committed by an adult Crime Delinquent – A juvenile who has been adjudicated of a delinquent act in juvenile court Criminal Detention – Short-term secure confinement of a juvenile for the protection of the juvenile or for the protection of society Confinement in jail
  • 95. Detention center – A facility designed for short- term secure confinement of a juvenile prior to court disposition or execution of a court order Jail Disposition – The sanction imposed on a juvenile who has been adjudicated in juvenile court Sentence Disposition hearing – A hearing held after a juvenile has been adjudicated Sentencing hearing Institution – A facility designed for long-term secure confinement of a juvenile after adjudication (also referred to as a training school) Prison Petition – A document that states the allegations against a juvenile and requests a juvenile court to adjudicate the juvenile
  • 96. Indictment Juvenile Justice System Criminal Justice System Taken into custody – The action on the part of a police officer to obtain custody of a juvenile accused of committing a delinquent act Arrested Source: Taylor, R. W., & Fritsch, E. J. (2015). Juvenile justice: Policies, programs, and practices (4th ed.). New York, NY: McGraw-Hill Education, p. 9. Used with permission from McGraw-Hill Education. Although the major impetus for establishing the juvenile justice system was to emphasize rehabilitation, since the 1980s, there has been a trend toward a
  • 97. more punitive approach to juveniles. This trend is due to various converging developments, such as broadening due-process protections for both adults and juveniles, the resurgence of retribution, and societal changes in perceptions about children’s responsibility and accountability.36 Another aspect of this more punitive trend is in reference to transfer provisions— waiving a juvenile offender from the juvenile justice system to the adult criminal justice system. The reasons for waivers have often been that the juvenile justice system cannot provide the needed treatment or protect the community from the offender. In reality, however, the reason for waivers is an immediate increase in the severity of response to the juvenile.37 Learning Check 1.2 1. Law enforcement agencies on the state level that have general police powers as
  • 98. well as additional functions, such as investigating major crimes, are designated as the _______________ _______________ model. 2. Law enforcement agencies on the state level whose primary focus is to enforce laws concerning public roads and highways are designated as the _______________ _______________ model. 3. Every court, including the U.S. Supreme Court, is limited in terms of _______________. 4. Recognizing that the state has both the right and an obligation to protect juveniles is referred to as _______________ _______________. Answers at www.edge.sagepub.com/schram3e Some states have had transfer provisions since the 1920s; other states have had such provisions since the 1940s.38 Transfer provisions can
  • 99. be categorized into three types: judicial waiver, concurrent jurisdiction, and statutory exclusion. Judicial waiver: The juvenile court judge has the authority to waive juvenile court jurisdiction and transfer the case to criminal court. States may use terms other than judicial waiver. Some call the process certification, remand, or bind over for criminal prosecution. Others transfer or decline rather than waive jurisdiction. Concurrent jurisdiction: Original jurisdiction for certain cases is shared by both criminal and juvenile courts, and the prosecutor has discretion to file such cases in either court. Transfer under concurrent jurisdiction provisions is also known as prosecutorial waiver, prosecutor discretion, or direct file. Statutory exclusion: State statute excludes certain juvenile offenders from juvenile court jurisdiction. Under statutory exclusion provisions,
  • 100. cases originate in criminal rather than juvenile court. Statutory exclusion is also known as legislative exclusion.39 judicial waiver: the authority to waive juvenile court jurisdiction and transfer the case to criminal court. concurrent jurisdiction: original jurisdiction for certain cases is shared by both criminal and juvenile courts; the prosecutor has discretion to file such cases in either court. statutory exclusion: excludes certain juvenile offenders from juvenile court jurisdiction; cases originate in criminal rather than juvenile court. While all states have some type of provision that allows some juveniles to be tried in adult criminal court, 34 states have what is termed the “once an adult, always an adult” provision. Under this provision, juveniles who have been tried and convicted as adults must be prosecuted in criminal court for any subsequent offenses.
  • 101. http://www.edge.sagepub.com/schram3e Criminological Theory Respected scientific theories in all fields of study, whether chemistry, physics, or criminology, tend to have the same characteristics. This is further illustrated by the scientific review process (i.e., blind peer review by experts) used in all fields to assess which studies and theoretical frameworks are of high quality. The criteria that characterize a good theory in chemistry are the same ones used to assess what makes a good criminological theory. These characteristics include parsimony, scope, logical consistency, testability, empirical validity, and policy implications.40 Each of these characteristics is examined in the next section.41 Applying Theory to Crime Motor-Vehicle Theft
  • 102. A motor-vehicle theft is defined as “the theft or attempted theft of a motor vehicle. A motor vehicle is defined . . . as a self-propelled vehicle that runs on land surfaces and not on rails.”42 Motor vehicles include sport utility vehicles, automobiles, trucks, buses, motorcycles, motor scooters, all-terrain vehicles, and snowmobiles. They do not, however, include farm equipment, bulldozers, airplanes, construction equipment, or watercraft. In 2017, about 773,139 motor-vehicle thefts were reported in the United States. In that time, close to $6 billion was lost as a result of motor-vehicle thefts; the average dollar loss per stolen vehicle was $7,708. Slightly over 75% of all motor-vehicle thefts were automobile thefts. According to the National Insurance Crime Bureau (NICB), in 2016 the Honda Accord (1997 model more than any other) was stolen more often than any other car in the United States. This was followed by the Honda Civic (1998), Ford pickup (full -size) (2006), Chevrolet pickup (full-size) (2004), Toyota Camry (2016), Nissan Altima (2015),
  • 103. Dodge Ram pickup (full- size) (2001), Toyota Corolla (2015), Chevrolet Impala (2008), and Jeep Cherokee/Grand Cherokee (2000).43 Further, the NICB noted that one should also consider vehicle theft fraud. In the past, vehicle thieves focused on stealing cars and trucks the “old-fashioned way,” such as by forced entry and circumventing ignitions. Today, there are new scams for stealing vehicles that involve fraud: Owner give-ups: The owner falsely claims that the vehicle has been stolen, to collect insurance money. He or she attempts destruction of the evidence—by driving the vehicle to a secluded area and setting it on fire, by submerging it in a lake, or, in extreme cases, burying it underground. Thirty-day specials: Owners whose vehicles need extensive repairs sometimes perpetrate the 30-day-special scam. They will report the vehicle stolen and hide it
  • 104. for 30 days—just long enough for the insurance company to settle the claim. Once the claim is paid, the vehicle is often found abandoned. Export fraud: After securing a bank loan for a new vehicle, an owner obtains an insurance policy for it. The owner reports the vehicle stolen to a U.S. law enforcement agency but, in reality, has shipped it overseas to be sold on the black market. The owner then collects on the insurance policy, as well as any illegal profits earned through overseas conspirators who sell the vehicle. Phantom vehicles: An individual creates a phony title or registration to secure insurance on a nonexistent vehicle. The insured then reports the vehicle stolen before filing a fraudulent insurance claim. Often, antique or luxury vehicles are used in this scam, since these valuable vehicles produce larger insurance settlements.44 In January 2019, two employees of Tri-County Ambulance in Cleveland, Ohio, were
  • 105. dispatched to TriPoint Medical Center to pick up a patient.45 These two employees left the ambulance running to keep it warm, given the Ohio winter temperature; they also left the door unlocked. While the employees were inside the medical center, Jennette Askew was leaving the hospital. Ms. Askew was quite upset because she could not get a ride home. So, upon leaving the hospital, when she noticed the ambulance with the motor running, she climbed in and drove away. Tri-County Ambulance was able to track the vehicle through GPS. They forwarded this information to the Willoughby Hills police, who eventually caught up with the ambulance. At the time, Ms. Askew was traveling at about 90 mph. She did eventually pull over; she was arrested for theft of a motor vehicle. After reading about Ms. Askew, you might ask, “Why would she do that?” Perhaps, in her agitated state, she lacked any type of self-control at that moment. Or she reasoned that because no one was able to give her a ride home, it was upon her to find one.
  • 106. When we read about this type of behavior in a newspaper or hear about it on the news, we may want some kind of explanation. This is what theory attempts to do, but in a more rigorous, scientific manner. Throughout this text, as we discuss various theories, we attempt to apply key points of those theories to either a real or hypothetical situation in boxes labeled “Applying Theory to Crime.” For each of these special boxes, we begin with a brief discussion of a particular crime, such as motor - vehicle theft, robbery, or murder. Subsequently, we apply the relevant theory or theories in that chapter to that particular crime. With this approach, you will obtain general information about particular offenses as well as apply key features of various theories to those crimes. Think About It 1. Why did Ms. Askew steal the ambulance? 2. Are there any mitigating factors that you would consider in this situation?
  • 107. Five Characteristics of Good Theories Parsimony is attained by explaining a phenomenon, such as criminal activity, in the simplest way possible. Other characteristics being equal, the simpler the theory, the better. The challenge with criminal behavior is that it is highly complex; however, some criminologists have attempted to explain this complex phenomenon using rather simplistic approaches. For instance, the theory of low self-control maintains that one personality factor—low self-control—is responsible for all criminal activity. As will be discussed in Chapter 10, the originators of this theory, Michael Gottfredson and Travis Hirschi, contend that every act of crime and deviance is caused by this same factor: low self-control.46 A simple theory is better than a more complex one. Given the complex nature of criminal behavior, however, it
  • 108. is likely that a simple explanation, such as identifying one factor to explain all types of criminal and deviant behavior, will not be adequate. parsimony: a characteristic of a good theory, meaning that it explains a certain phenomenon, such as criminal behavior, with the fewest possible propositions or concepts. How would Lombroso classify this person? RAUL ARBOLEDA/AFP/Getty Images Scope is the trait that indicates how much of a given phenomenon the theory attempts to explain. Other traits being equal, the larger the scope, the better the theory. To some extent, this is related to parsimony in the sense that some theories, such as the theory of low self-control, seek to explain all crimes and all deviant acts. Thus, the theory of low self-control has a very wide scope. As we will discuss later, other theories of crime
  • 109. may attempt to explain only property crime, such as some versions of strain theory or drug use. However, the wider the scope of what a theory can explain, the better the theory. scope: refers to the range of criminal behavior that a theory attempts to explain. Logical consistency is the extent to which a theory makes sense in terms of its concepts and propositions. Sometimes it is easier to illustrate this point with an example. Some theories do not make sense simply because of the face value of their propositions. For instance, Cesare Lombroso maintained that the most serious offenders are born criminals; they are biological throwbacks to an earlier stage of evolutionary development and can be
  • 110. identified by their physical features.47 Lombroso, who is discussed later in this book, maintained that tattoos were one of the physical features that distinguished these born criminals. This does not make sense, or lacks logical consistency, because tattoos are not biological physical features (i.e., no baby has been born with a tattoo). logical consistency: the extent to which concepts and propositions of a theoretical model make sense in terms of face value and consistency with what is readily known about crime rates and trends. Testability is the extent to which a theory can be empirically and scientifically tested. Some theories simply cannot be tested. A good example of such a theory is Freud’s theory of the psyche, discussed in more detail later in this book. Freud described three domains of the psyche—the conscious ego, the subconscious id, and the superego. None of
  • 111. these domains, however, can be observed or tested.48 While some theories can be quite influential without being testable (e.g., Freud’s theory), a theoretical model that is untestable and unobservable is at a considerable disadvantage. Fortunately, most established criminological theories can be examined through empirical testing. testability: the extent to which a theoretical model can be empirically or scientifically tested through observation and empirical research. Empirical validity is the extent to which a theoretical model is supported by scientific research. This is closely associated with the previous characteristic of testability. While almost all accepted modern criminological theories are testable, this does not mean they are equal in
  • 112. terms of empirical validity. empirical validity: the extent to which a theoretical model is supported by scientific research. For instance, deterrence theory proposes in part that offenders will not repeat their crimes if they have been caught and given severe legal punishment. If research finds that this is true for only a small minority of offenders or that punished offenders are only slightly less likely to repeat crimes than are unpunished offenders, then the theory has little empirical validity.49 Thus, questions of empirical validity include these: “What degree of empirical support does the theory have?” “Do the findings of research provide weak or strong support?” “Does the preponderance of evidence support or undermine the theory?”50
  • 113. Learning Check 1.3 1. When a theory can explain a phenomenon using a simplistic approach, this is considered _______________. 2. A theory that attempts to explain all crimes and all deviant acts is broad in _______________. 3. Empirical validity is the extent to which a theoretical model is supported by _______________. Answers at www.edge.sagepub.com/schram3e Three Requirements for Determining Causality Various criteria are involved in determining whether a certain variable causes another variable to change—in other words, causality. For this discussion, we will refer to the commonly used scientific notation of a predictor variable—called x—as causing an explanatory
  • 114. variable—called y. These variables are often referred to as an independent or predictor variable (x) and a dependent or explanatory variable (y). These criteria are used for all scientific disciplines, whether chemistry, physics, biology, or http://www.edge.sagepub.com/schram3e criminology. The three criteria required to determine causality are (1) temporal ordering, (2) covariation or correlation, and (3) accounting for spuriousness. Temporal ordering requires that the predictor variable (x) precede the explanatory variable (y) if one is attempting to determine that x causes y. Although this issue of time order appears to be quite obvious, there are instances when this criterion is violated in criminological theories. For
  • 115. instance, a recent scientific debate has focused on whether delinquency is an outcome variable (y) caused by associations with delinquent peers and associates (x) or whether delinquency (x) causes associations with delinquent peers and associates (y), which then leads to more delinquent behavior. This is an example of temporal ordering, or “which came first, the chicken or the egg?” Research has revealed that both processes often occur, meaning that delinquency and associations with delinquent peers are likely to be both predictor and explanatory variables. temporal ordering: the criterion for determining causality; requires that the predictor variable (x) precede the explanatory variable (y) in time. Correlation or covariation is the extent to which a change in the predictor (x) is associated with a change in the explanatory variable (y). For instance, an increase in unemployment (x) is likely to lead to a rise in
  • 116. crime rates (y). This would indicate a positive association, because as one variable increases, so does the other. Similarly, an increase in employment (x) is likely to lead to a decrease in crime rates (y). This would be a negative, or inverse, association, because as one variable decreases, the other increases. The criterion of covariance is not met when a change in x does not produce any change in y. Thus, if a significant change in x does not lead to a significant change in y, this criterion is not met. correlation or covariation: a criterion of causality that requires a change in a predictor variable (x) to be consistently associated with some change in the explanatory variable (y). However, correlation alone does not mean that x causes y. For example, ice cream sales (x) tend to be highly associated with crime rates (y). This does not mean that ice cream sales cause higher crime rates. Instead,
  • 117. other factors, such as warm weather, lead to an increase in both sales of ice cream and the number of people who are outdoors in public areas, which could lead to greater opportunities and tendencies to engage in criminal activity. This example leads to the final criterion for determining causality. Why Do They Do It? David and Louise Turpin Parents Louise and David Turpin following their 2018 arrest. AP Photo/Riverside County Sheriff’s Department via AP In January 2018, a 17-year-old girl escaped from her home in Perris, California. She took a cell phone from the home and dialed 911. When officers arrived, they thought that the
  • 118. girl was much younger; this was due to her being severely malnourished. Inside the home, according to a police statement, the officers found “several children shackled to their beds with chains and padlocks in dark and foul-smelling surroundings.” In addition to the 17- year-old who had called police, there were 12 siblings in the home, ranging in age from 2 to 29 years.51 For many years, the Turpin children endured severe abuse. Initially the parents tied their children with ropes as punishment. However, when one of the children, who was hogtied, escaped from the ropes, the parents used chains and padlocks. Often the children were shackled to their beds for weeks. There was some evidence that they were not always released to go to the bathroom. Further investigation revealed that the children were allowed to shower once a year. They could wash their hands but if they washed above the wrist area, their parents accused them of playing in the water. David and Louise Turpin rarely fed their children on any type of
  • 119. schedule. They did buy food for themselves, but the children were not allowed to eat. It was reported that when the parents bought food, including pies, they would leave them on the counter. The children could look at the pies but not eat any of the food. This abhorrent treatment of children went unrecognized by the community because the Turpins were very isolated from other families. The children were not allowed to play with toys; any toys they received were kept in a closet— unopened. The parents did allow the children to write in journals.52 The children were taught to memorize long passages from the Bible. However, the children lacked basic “life skills”: Many of the children did not know what a police officer was, for example, and the 17-year-old who called to report the abuse did not know what pills or medications were upon police questioning.53
  • 120. David and Louise Turpin are currently in custody, charged with several counts of child abuse, torture, and false imprisonment. They have pleaded “not guilty” to all. If convicted, however, they may receive life sentences.54 Think About It 1. Why were both parents involved in the severe abuse and torture of their children? 2. If the 17-year-old-daughter had not escaped, how long would the abuse have continued? In this text, we will be presenting what some may consider “high-profile” crimes. These are crimes that have received a great deal of media attention due to the individuals involved and/or the horrendous nature of the offense. In some instances, such as the Turpin case, these types of crimes go beyond the question “Why did they do it?” Considering for spuriousness is a complicated way of saying, to
  • 121. determine that x causes y, other factors (typically called z factors) that could be causing the observed association must be accounted for before we can be sure that x is actually causing y. In other words, these other z factors may account for the observed association between x and y. What often happens is that a third factor (z) causes two events to occur together in time and place. Referring back to Lombroso, tattoos may have predicted criminality at the time he wrote. However, Lombroso did not account for an important z factor— namely, associates or friends who also had tattoos. This z factor caused the simultaneous occurrence of both other factors. spuriousness: when other factors (often referred to as z factors) are actually causing two variables (x and y) to occur at the same time; it may appear as if x causes y, when in fact they are both being caused by z factor(s).
  • 122. What aspects of this neighborhood would cause it to be classified as “disorganized”? © iStockphoto.com/Pawel Gual Researchers in criminology are fairly good at determining the first two criteria of causality—temporal ordering and covariance or correlation. Most scientists can perform classical experiments that randomly assign participants either to receive or not to receive the experimental manipulation to examine the effect on outcomes. The problem for criminologists, however, is that the factors that appear to be important (according to police officers, parole agents, or corrections officers) are family variables, personality traits, employment variables, intelligence, and other similar characteristics that cannot be experimentally manipulated to control for