1. Introduction (2016)Apunte Inglés
Apunts de l'assignatura criminological language, de primer de criminologia a la UAB amb la professora Bettina Steible, de l'any 2016
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1º Criminologia, UAB
UNIT 1: INTRODUCTION
-Anxiety, anger, fear, that are common responses to crime.
-The desire to predict and control crime.
-The hope of preventing crime.
-Simple desire to learn.
Defining criminology Criminology is not to be confused with the science of criminal detection or forensic science.
While this science is more concerned about finding proofs, criminology can be defined as the study of crime.
- Why certain individuals commit crimes? - Why crimes are committed in certain times, places, environments and circumstances? - What are the different forms of crime? - -How society reacts to crime? Sutherland: “Criminology is the body of knowledge regarding crime as a social phenomenon. It includes within its scope the process of making laws, of breaking laws, and of reacting towards the breaking of laws. The objective of criminology is the development of a body of general and verified principles and other types of knowledge regarding this process of law, crime and treatment.” The nature of criminology It is a multi-disciplinary study, it has elements from other disciplines such as sociology, psychology, laws or pedagogy. All of them have different objectives, and the main characteristic of criminology is that it borrows elements from each discipline to study crime.
Criminology is best seen as a social science concerned with: a) Those aspects of human behavior regarded as criminal because they are prohibited by the criminal law.
1 Criminological language 1º Criminologia, UAB b) Aspects of socially deviant behavior as they are closely related to crime and may usefully be studied in this connection.
The criminologist may properly be concerned to study fringe areas, “deviant” behavior which is not actually criminal.
Criminologists have traditionally been concerned to discover: - The causes of crime - The explanation for criminal behavior to discover which factors are associated with criminal behavior.
(attempts in the past to develop single-cause theories of criminal behavior have been highly unsuccessful).
Traditionally criminology has been concerned to explain crimes and criminal behavior in order to prevent and control them.
The content of criminology -Criminalization: The process by which certain types of behavior are criminalized, that is, made illegal, whether by legislative or administrative action.
-Social control: The process by which formal and informal measures are taken in society to control the activities of people so that criminal law is not violated.
-Preventive measures: Preventive measures of an environmental or ecological nature taken in a society or community to diminish the opportunities, likelihood or temptations for criminal behavior (Community whatchmen) -Criminal behavior: The settings, statistics or incidence and frequency, modus operandi and consequences.
-Criminogenesis: The factors present in individuals, groups or a society that make law-breaking more likely or less so; the social-structural components of a society that induce or reduce crime.
-The offender: The person who commits crimes, why and with what rationalizations.
-The police: Their roles, duties, privileges and responsibilities; their place in the social control apparatus and in the prevention of crime and apprehension of offenders.
-Criminal justice system: The roles of prosecutors, judges, juries and defense counsel; the “rules of the game” for determining innocence or guilt of the accused.
-Corrections: The nature of punishment imposed up on the guilty offender, including probation, parole, fines, incarceration, corporal and capital punishment (death penalty), exile, and others, also reform and rehabilitation, and the efficacy of punishment as deterrence.
-Victimology: The study of the victims of crime, their relationship, if any, to offenders; victimproneness, victim retribution and other aspects of victimization.
2 Criminological language 1º Criminologia, UAB -Subcategories: - Criminal anthropology: The science of criminal man (somatic), a section of natural science.
- Criminal sociology: The science of criminality as a social phenomenon.
- Criminal psychology: The science of psychological phenomena in the field of crime: - The chief subject-matter of its study is the psychology of the criminal.
Criminal psycho and neuropathology: The science of the psychopathic or neurotic criminal.
- Penology: The science of the origin and development of punishment, its significance and utility.
1.2: CRIME The most common definition of crime is to define it as a violation of the criminal law. Crimes are what are included as illegal acts in criminal law.
The consequence of this is that the definition of crime varies historically and geographically.
- It is very difficult to reach an international agreement on what constitutes a crime in the international arena.
- International courts and tribunals have a very limited capacity.
However… Groups and individuals differ in their definition of crime: - Anti-social behavior - Violation of human rights - Sin - Etc.
Because crime is a “social construct”, the definition, answers and study of crime respond to the specific political and social contect of the moment and the place.
Some consensus now exists among criminologists that a crime must have the following features: 1. It must be legally forbidden 2. Such a crime must have some harm done to some people, or external consequence.
3. It must be an international act or a reckless action or inaction.
4. There must be a criminal intent.
5. The criminal intent must coincide with the criminal action.
3 Criminological language 1º Criminologia, UAB 6. There must be a causal relationship between the legally forbidden act and the voluntary reaction.
Legal parameters: - The criminal act – actus reus - The mens rea – a culpable mental state - A concurrence of the two - Harm - Legality - Causation - Punishment 1.3: CRIMINAL JUSTICE Criminal justice is the society’s formal responde to crime. More specifically, a series of decisions taken by a number of agencies in response to a specific crime, or criminal, or crime in general.
- Criminal justice and criminology have a lot in common, but they are not interchangeable.
- In criminology we are looking for answers, while in criminal justice we look for how the law is made and how punishment is imposed.
Criminology Criminal justice -Crime and its causes -Society’s formal response to crime.
-Tends to be more theoretically informed -Deals with the specifical institutional aspects Extensive research and analysis of the social construction of crime (such as -Social and individual antecedents of crime, policing, prosecution, punishment and so on).
Criminal justice studies center on and with the nature of crime as a social phenomenon.
what happens after crime.
Criminal justice includes several key sub-terms: -Law-enforcement (police): Law enforcement officers may arrest offenders, give testimony during the court process and conduct follow up investigations if indeed.
3 general categories: uniformed officers, investigators and support positions.
4 Criminological language 1º Criminologia, UAB -Courts: Prosecute/prosecution: To officially accuse someone of committing a crime in a court of law, or (of a lawyer) to try to prove that a person accused of committing a crime is guilty of that crime.
Prosecutor: (= fiscal) a legal representative who officially accuses someone of committing a crime, especially in a court of law in the name of the government.
Defense attorneys: They defend the accused against the government’s case.
Evidence: any matter of the fact that a party to a lawsuit offers to prove or disprove an issue in the case. It includes, for example, testimony, documents, photographs, maps and video tapes.
Court: A building where trials and other legal cases happen, or the people present in such room, especially the judge or judges acting in their official capacity and those deciding whether someone is guilty.
Conviction: When someone is officially found guilty of a particular crime.
Acquittal: When someone is found not guilty of a particular crime.
Sentencing/sentence: A punishment given by a judge in court to a person or organization after they have been found guilty of doing something wrong.
-Corrections: Correction officers supervise convicted offenders when they are in jail, in prision or in the community on probation or parole. The difference between jail and prision is that jail is for short-term sentences and prision is for long-term sentences. While the offenders are in prision or jail they are called interns or inmates. If one intern gets a permission to spend a day out of prision, it is called the furiough.
Criminal justice is therefore related to: -Penal system: - The process connectes with punishment given by law to people convicted of crimes.
- It involves probation prisions and other agencies that punish and incarcerate and/or seek to monitor, control and reduce offending behavior.
-Probation: - A period of time when a criminal must behave well and not commit any more crimes in order to avoid being sent to prision.
- Parole: it is when a criminal goes out of prision, but if he or she does not meet a number of requirements, goes back to prision.
- Probation officer: a person whose job is to regularly see people who have committed crimes and who are on probation and to help them live honestly.
5 Criminological language 1º Criminologia, UAB -Penal system – objectives: - Rehabilitation: To return someone or something to a good or healthy condition, state or way of living.
The objective of rehabilitation is to make them respect the law, and become law-abding citizens.
- Punishment: To cause someone who has done something wrong or committed a crime to suffer, by hurting them, forcing them to pay money (fines), sending them to prision… - Punitive, punitiveness: intended as punishment Deterrence: (=efecto disuasorio) To prevent from doing something or to make less enthusiastic about doing something by making it difficult for them to do it or by threatening bad results if they do it.
-Crime and penal policy: - Policy: A set of ideas or a plan of what to do in particular situations that has been agreed officially by a government or a political party.
- Crime and penal policy: when these ideas or plan refer to the criminal justice and penal systems.
1.4. CRIMINAL LAW It is also called penal law. There are many definitions: - Molan (2003): Criminal law can be seen as a litany of prohibitions and duties; behaviors that the state considers to be unacceptable, or action that the state demands.
- Schmalleger: Criminal law is the body of rules and regulations that defines and specifies punishment for offences of a public nature or for wrongs committed against the state or society.
Definition It is believed that criminal law assumes that criminal acts injure not just individuals but society as a whole.
The state, as the injured party begins the official process of bringing the offender to justice.
6 Criminological language 1º Criminologia, UAB Purpose of the criminal law - Prevent and control crime by sanctioning individuals who violate criminal law.
- Three principles that underpin the development of criminal law: Minimum criminalization Fariness Imposition of punishment.
Relationship with criminology? - Law related to crime and public order - Violation of these laws are punishable - Important difference: A person that studies criminal law works on predefined rules that determine criminal behavior whereas a criminologist also looks at the processes that make us label a person as criminal.
1.5: CONCLUSIONS -Criminology is a discipline held together by a substantive concern: crime. It is a multi-disciplinary in character rather than being dominated by one discipline.
-Although the notion of crime is relative, there is some consensus on its constitutional elements.
-The elements of crime must be found before a person is declared guilty.
-Criminal justice is the society’s formal response to crime.