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Summary CMY1501 Study Notes
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My personal study notes for CMY1501. These notes cover Themes 1-2, and a bit of Theme 3. Colourful and detailed.
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Study Unit 1.1 - What is Criminology? Criminology is the study of crime
It is an applies discipline within the human sciences and its field of study includes the scientific
study of crime, offenders and victims, the punishment of offenders and the
prevention/reduction and control of crime.
Criminology studies issues such as
1 Causes of crime
2 Societies reaction to crime
3 Differences in the nature and scope of crime between countries and communities in same area
4 Why some people commit crimes while others in similar circumstances don't
5 Victims of crime and what makes people prone to victimization
6 Prevention and control of crime and victimization
Criminologists also try to explain the judicial process
EDWIN H SUTHERLAND (Father of American Criminology) His 3 aspects:
1. Making of laws against crime
2. Breaking laws – what people think of when they think of Criminology and which is generally
referred to as an area od causes of crime
3. Reacting to lawbreaking – work of police, courts and correctional services
The Role of the Criminologist
MAIN TASK: Study, define, describe interpret, explain and indicate policy directions in respect of
crime, criminal behavior and victimization.
o They also research the criminal justice system and suitable treatment for offenders to help
prevent recidivism (relapse into crime)
The Juridical Definition of Crime
Before an act/omission can be regarded as a crime, criminal law must regard it as such and a suitable
punishment has to be in place.
JURIDICAL ELEMENTS:
a. The act itself
b. The wrongfulness of the act
c. The element of guilt
d. The element of punishment
The Nonjuridical Definition of Crime
Crime can be defined as all antisocial conduct that is in conflict with the law or is injurious or
detrimental to the sound normal life and the survival of an individual. Certain forms of
behavior that harm society may be regarded as crime.
MAIN DEFINITIONS OF SOCIAL CRIME:
1. Crime as violation of behavioral norms
2. Crime as social hard
3. Crime as violation of human rights
4. Crime as a form of social deviance
, Study Unit 1.2 - Schools of Thought in Criminology
CLASSICAL CRIMINOLOGY
Beccaria and Bentham – Considered founders of classical criminology
Causes of crime lie in the fact that that people are free individuals, who think and act rationally
and logically. There is a deliberate choice (free will) in respect of their behavior.
Assumption that people automatically motivated to maximize pleasure (hedonism) and minimize
pain.
The value of any pain or pleasure would be determined by its intensity, duration and certainty.
Punishment = Pain and Advantages of Crime = Pleasure
BASIC POINTS OF DEPARTURE:
1. All persons are equal in their rights and should be treated equally before the law
2. People motivated by pleasure to commit crimes and avoid pain
3. People rational in behaviour is product of freewill
4. Focus of the study of criminology is the crime and the law
5. Crime is voluntary by people exercising deliberate choice
6. Punishment essential in order to control criminal behaviour
7. Provides origin of concept of deterrence
8. Punishment must be fair and proportionate to crime
9. Victims are of little or no importance
Neo-classists: Free will could be constrained by certain forms pathology such as mental
illness and incompetence.
The Social Milieu School of Thought
Two approaches:
Social structure
Social process
SOCIAL STRUCTURE
Concentrates on social structure and organization of community especially families and the
school as well as economic systems, social disparities family dysfunction, social
disorganization and geographical distribution of crime.
Reflects a fundamental faith in social system but seek to identify structural flaws that
contribute to genesis of crime.
SOCIAL PROCESS
Addresses variations in the rates of crime across structural conditions.
Attempt to explain how individuals become law violators by focusing on the social
interactions/processes experienced by the individuals as opposed to structural matters.
POINTS OF DEPARTURE:
1. Based on juridical conception of crime
2. Main focus = criminal’s social environment
3. Assumed that improved social conditions will prevent crime
4. All intents and purposes, criminal and victim ignored
5. No concern with punishment or rehabilitation
Emphasis is on external forces as causes of crime and criminals are seen as victims of social
conditions over which they have limited control.
, Positivist Criminology
Accepts the legal/juridical concept of crime but rejects free will and rational choice, it
focuses on determinism (behaviour determined by biological, psychological and
socioeconomic factors)
Forces beyond individual rather than rational decisions, determine criminal behaviour.
Focus was shifted from the crime (act) to the criminal (person).
Studies various characteristics and circumstances of delinquents and non-delinquents.
Studied in terms of biological, psychological and social characteristics of deviation which
is then treated individually by medication, psychotherapy and improved interpersonal
relationships.
CAN BE SUMMED UP AS FOLLOWS:
Emphasis on criminal, not crime
Human behaviour determined by biological, psychological and socioeconomic factors
which individuals have little control
Crime and victimization can be prevented by treatment
Purpose of punishment is to provide treatment and reformation
CRITICISMS
1. Neglect aspects as why certain forms of behaviour are classified as criminal and others
aren’t
2. Fail to explain why crime committed by person with power
3. Traditional, mainstream/established criminology, subservient to state
4. Reliability called into question – rarely possible to distinguish accurately between
criminals and non-criminals
Critical Criminology
Focuses on political and economic structures of discrimination and exploitation as
causes of crime and reasons why some actions considered crime and others not.
Rejects juridical crime concept and traditional causes of crime – sees it as rational
choice
State selective and biased – focusing on acts as being criminal, usually committed
by powerless person
Economic and political discrimination seen as causes of crime
Lawbreakers = victims because oppression by state
Crime could be prevented by empowering people by repealing unjust laws and through
diversion rather than imprisonment
CRITICISMS
1. Capacity of critical criminology considered inadequate to explain and control crime
2. Not every form of behaviour defined as crime is form of conflict between powerful and
oppressed
3. Ignore social realities
Feminist Criminology
Concerned itself mainly with discrimination against women in society
Focused on number of discriminatory practices against women in criminal justice
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