criminal justice
e.raymond
LectureOneWhatisCrime.pptxLecture One: What is Crime?
There are many ways we use the word ‘crime’
Let us consider some behaviors and ask the question, ‘crime or no crime?’
Example 1: A man extends his had to shake the hand of another man. As the second man extends his hand, the first withdraws his.
Crime or no crime?
We should call this behavior deviance. It is a violation of a social expectation or norms.
What is a social expectation or norm?
Cultural norms and statistical norms – are they the same?
Are there crimes that are not deviant?
A married woman has sex with a man who is married to another woman
Crime or no crime?
Depends on when and where it occurred
Moral definition of crime – behaviors that violate some religious or ethical code
What are the problems with a moral definition of crime?
Are there crimes that you would not consider to be immoral?
In this class we will not use a moral definition of crime
A company knowingly makes a product that is designed to wear out sooner than need be so that they can make a higher profit on the sale of replacement parts.
Crime or no crime?
Social Definition of crime – Crime is behavior that is harmful to the interests of society and or humanity
Does the behavior fit under this definition of crime?
What other behaviors fit under this definition?
Are there crimes that are not harmful to the interests of society or humanity?
What are the problems in using a social definition of crime?
Assumes consensus about what is harmful
How do we define society?
Crime or no crime?
The confiscation of Native American land
The persecution of Jews during World War II
The persecution of Japanese in the U.S. during World War II
Terrorist activity by Jews in the fight to free Israel from Great Britain’s rule
Terrorist activity by Arabs in the fight to establish a Palestinian state
Legal Definition of Crime – Crime is any act or omission prohibited by the public law for the protection of the public and made punishable by the state in a judicial proceeding in its (the state’s) own name (Marshall and Clark)
Are there problems using this definition?
Accepts the legitimacy of the government’s designation of what should be illegal
Are all designations of behaviors as crime meant to protect the public?
Reasons for using the legal definition in spite of noted problems
Specifies an identifiable category of behaviors
Consequential – can lead to sanctioned punishment
Can serve as a reference point for studying why other behaviors are not defined as crime (sociology of law)
The designation of what behaviors are crime is relative to time, place, culture, and the existing government. As such, what is a crime is the result of a socio-political process.
