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Criminological Theories Choice Theory (Neoclassical)

Classical Theory

Cesare Beccaria

1760s to Present

Criminals weigh the costs and benefits and make a conscious, rational choice to commit crime.

General Deterrence; Specific Deterrence; Routine Activities

Rational choice; offense- and offender-specific; just desserts; situational crime prevention; deterrence incapacitation

Trait Theory

Positivist Theory

Biosocial Theories (Sociobiology)

Cesare Lombroso; Edward O. Wilson

1870s to Present

The basic determinants of criminal behavior are biologically based and inher- ited. These include chemical, neurological and genetic conditions.

Biochemical Theory; Neurolog- ical Theory; Genetic Theory; Evolutionary Theory; Arousal Theory; Attachment theory

Diet and crime; metabolism; hormonal influences; PMS; neurophysiology; ADHD; genetics

Psychological Theories

Sigmund Freud; Albert Bandura; Jean Piaget; Lawrence Kohlberg

1920s to Present

Abnormal personality and psychological traits are the key determinant of anti-social behavior. There is a link between mental illness, personality disorders, and crime.

Psychodynamic Theory; Behavioral Theory; Social Learning Theory; Cognitive Theory; Moral Development Theory

Id, ego, superego; disorders; behavior modeling; infor- mation processing; antiso- cial personality; intelligence; moral development; nature versus nurture

Origin

Main Theorists

Period

Major Premise

Subtheories

Key Ideas

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Sociological Theory

Edwin Sutherland; Travis Hirschi; Edwin Lemert; Howard Becker

1930s to Present

Criminal behavior is a function of the interaction between individuals and society; criminality occurs as a result of group interaction and the socialization process.

Social Learning Theory; Differential Association Theory; Neutralization Theory; Social Control Theory; Labeling Theory; Social Reaction Theory

Socialization; peer relations; family relations; differential association; techniques of neutralization; self-concept; social bond; stigma; retro- spective reading; primary and secondary deviance

Social Structure Theory

Social Process Theory

Clifford R. Shaw & Henry D. McKay; Walter Miller; Albert Cohen; Richard Cloward & Lloyd Ohlin

1920s to Present

Social and economic forces are the key determinants of criminal behavior patterns. Crime is the result of an individual’s location within the structure of society.

Social Disorganization Theory; Strain Theory; Anomie Theory; Institutional Anomie; General Strain Theory (GST); Cultural Deviance Theory; Theory of Delinquent Subcultures; Theory of Differential Opportunity

Poverty; transitional neighbor- hoods; concentric zones; subcul- ture; cultural transmission; social ecology; collective efficacy; relative deprivation; anomie; conduct norms; focal concerns; differential opportunity

Developmental Theory

Life Course Latent Trait

Multifactor Theory Sheldon & Eleanor Glueck; John Laub & Robert Sampson

1930s to Present

As people go through the life course, social and personal traits undergo change and influence behavior.

Social Development Model; Interactional Theory; General Theory of Crime and Delin- quency; Age-Graded Theory

Problem behavior syndrome; pathways to crime; turning points; social capital

James Q. Wilson & Richard Herrnstein; Travis Hirschi & Michael Gottfredson

1980s to Present

A master trait that controls human development inter- acts with criminal opportunity.

General Theory of Crime (GTC); Integrated Cognitive Antisocial Potential (ICAP) Theory; Differential Coercion Theory; Control Balance Theory

Impulsive personality; low self-control; latent traits

Critical Theory

Willem Bonger; Ralf Dahrendorf; George Vold; Karl Marx

1960s to Present

Inequality between social classes (groups) results in condi- tions that empower the wealthy and disenfranchise the less fortunate; these are the root causes of crime. It is the ongo- ing struggle for power, control, and material well-being that produces crime.

Critical Criminology; Instru- mental Theory; Structural Theory; Left-Realism; Critical Feminism Power-Control Theory; Peacemaking Criminology

Power; social conflict; marginal- ization; capitalism; social class; globalization; left realism; exploitation; patriarchy; restor- ative justice; social justice; rein- tegrative shaming; restoration

Marxist/Conflict Theory

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FOURTH EDITION

Criminology The Core

LARRY J. SIEGEL University of Massachusetts, Lowell

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Criminology: The Core, Fourth Edition Larry J. Siegel

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iiiPreface

This book is dedicated to my grandchildren:

The brilliant and handsome Jack Macy

The talkative and beautiful Brooke Macy

The gorgeous princess and ballet dancer,

Kayla Jean Macy

iv

LARRY J. SIEGEL was born in the Bronx in 1947. While living on Jerome Avenue and attending City College of New York in the 1960s, he was swept

up in the social and political currents of the time. He became intrigued with

the influence contemporary culture had on individual behavior: Did people

shape society or did society shape people? He applied his interest in social

forces and human behavior to the study of crime and justice. After graduating

CCNY, he attended the newly opened program in criminal justice at the State

University of New York at Albany, earning both his M.A. and Ph.D. degrees

there. After completing his graduate work, Dr. Siegel began his teaching career

at Northeastern University, where he was a faculty member for nine years.

After leaving Northeastern, he held teaching positions at the University of

Nebraska–Omaha and Saint Anselm College in New Hampshire. He is currently

a professor at the University of Massachusetts–Lowell. Dr. Siegel has written

extensively in the area of crime and justice, including books on juvenile law,

delinquency, criminology, criminal justice, and criminal procedure. He is a

court certified expert on police conduct and has testified in numerous legal

cases. The father of four and grandfather of three, Larry Siegel and his wife,

Terry, now reside in Bedford, New Hampshire, with their two dogs, Watson

and Cody.

About the Author

The author with his wife, Therese, in Italy

v

Brief Contents

Chapter 1 Crime and Criminology 3

Chapter 2 The Nature and Extent of Crime 27

Chapter 3 Victims and Victimization 59

Part 1 Concepts of Crime, Law, and Criminology

Part 2 Theories of Crime Causation Chapter 4 Choice Theory: Because They Want To 83

Chapter 5 Trait Theory 107

Chapter 6 Social Structure Theory 135

Chapter 7 Social Process Theories 167

Chapter 8 Social Conflict and Critical Criminology 197

Chapter 9 Developmental Theories: Life-Course and Latent Trait 225

Part 3 Crime Typologies Chapter 10 Violent Crime: Personal and Political 253

Chapter 11 Property Crimes 293

Chapter 12 Enterprise Crime: White-Collar Crime, Cyber Crime, and Organized Crime 315

Chapter 13 Public Order Crimes 349

Part 4 The Criminal Justice System Chapter 14 The Criminal Justice System 381

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Contents

Chapter 1

Crime and Criminology 3 What Criminologists Do: The Criminological Enterprise 4

Criminal Statistics/Crime Measurement 4

Sociology of Law / Law and Society / Socio-Legal Studies 5

Developing Theories of Crime Causation 5

Policy and Practice in Criminology Should Sex Offenders Be Registered? 6

Understanding and Describing Criminal Behavior 7

Penology: Punishment, Sanctions, and Corrections 7

Victimology 8

A Brief History of Criminology 9

Classical Criminology 9

Positivist Criminology 10

Sociological Criminology 11

Confl ict Criminology 12

Developmental Criminology 12

Contemporary Criminology 13

Deviant or Criminal? How Criminologists Defi ne Crime 14

Profiles in Crime Kiddie Porn 15 Becoming Deviant 15

The Concept of Crime 16

Consensus View of Crime 17

Confl ict View of Crime 17

Interactionist View of Crime 17

A Defi nition of Crime 17

Crime and the Criminal Law 18

Common Law 18

Contemporary Criminal Law 19

The Evolution of Criminal Law 20

Ethical Issues in Criminology 21

Thinking Like a Criminologist 22

Summary 23

Key Terms 24

Critical Thinking Questions 24

Chapter 2

The Nature and Extent of Crime 27 Primary Sources of Crime Data 28

Offi cial Records: The Uniform Crime Report 28

NIBRS: The Future of the Uniform Crime Report 31

Survey Research 31

Profiles in Crime A Pain in the Glass 32 The National Crime Victimization Survey (NCVS) 32

Self-Report Surveys 34

Evaluating Crime Data 36

Crime Trends 37

Trends in Offi cially Recorded Crime 37

Trends in Victimization 38

Race, Culture, Gender, and Criminology International Crime Trends 40

What the Future Holds 41

Crime Patterns 43

The Ecology of Crime 43

Part 1 Concepts of Crime, Law, and Criminology

Preface xiv

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Current Issues in Crime Explaining Trends in Crime Rates 44

Use of Firearms 46

Social Class, Socioeconomic Conditions, and Crime 48

Age and Crime 48

Gender and Crime 49

Race and Crime 51

Chronic Offenders/Criminal Careers 53

What Causes Chronicity? 54

Implications of the Chronic Offender Concept 54

Thinking Like a Criminologist 55

Summary 55

Key Terms 56

Critical Thinking Questions 57

Chapter 3

Victims and Victimization 59 The Victim’s Role 60

Victimization’s Toll on Society 60

Economic Loss 60

Blaming the Victim 61

Long-Term Stress 61

Fear 62

Antisocial Behavior 63

The Nature of Victimization 63

The Social Ecology of Victimization 63

The Victim’s Household 64

Victim Characteristics 64

Victims and Their Criminals 67

Theories of Victimization 68

Victim Precipitation Theory 68

Lifestyle Theories 69

Deviant Place Theory 70

Current Issues in Crime Escalation or Desistance? The Effect of Victimization on Criminal Careers 71

Routine Activities Theory 71

Caring for the Victim 74

Victim Service Programs 75

Victims’ Rights 77

Profiles in Crime Jesse Timmendequas and Megan’s Law 78

Thinking Like a Criminologist 79

Summary 79

Key Terms 80

Critical Thinking Questions 81

Part 2 Theories of Crime Causation

Chapter 4

Choice Theory: Because They Want To 83 Development of Rational Choice Theory 84

Concepts of Rational Choice 85

Evaluating the Risks of Crime 85

Offense- and Offender-Specifi c Crime 86

Structuring Criminality 86

Structuring Crime 87

Profiles in Crime Looting the Public Treasury 88

Is Crime Rational? 89

Is Theft Rational? 89

Is Drug Use Rational? 89

Can Violence Be Rational? 90

Why Do People Commit Crime? 91

Controlling Crime 92

Situational Crime Prevention 92

Crime Prevention Strategies 92

Policy and Practice in Criminology Reducing Crime through Surveillance 94

The Costs and Benefi ts of Situational Crime Prevention 95

General Deterrence 95

Certainty of Punishment 96

Severity of Punishment 96

Swiftness of Punishment 97

Critique of General Deterrence 97

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Current Issues in Crime Does Availability of the Death Penalty Discourage Murder? 98

Specifi c Deterrence 99

Incapacitation 100

Can Incapacitation Reduce Crime? 101

Policy Implications of Choice Theory 103

Thinking Like a Criminologist 104

Summary 104

Key Terms 105

Critical Thinking Questions 105

Chapter 5

Trait Theory 107 Development of Trait Theory 108

Contemporary Trait Theory 109

Biological Trait Theories 109

Biochemical Conditions and Crime 110

Neurophysiological Conditions and Crime 113

Current Issues in Crime Teenage Behavior: Is It the Brain? 114

Genetics and Crime 116

Evolutionary Views of Crime 118

Evaluation of the Biological Branch of Trait Theory 118

The Psychological Trait View 119

Psychological Theories and Crime 120

The Psychodynamic Perspective 120

The Behavioral Perspective: Social Learning Theory 121

Current Issues in Crime Violent Media/Violent Behavior? 122

Cognitive Theory 124

Personality and Crime 125

Psychopathic Personality 126

Intelligence and Crime 127

Mental Disorders and Crime 128

Social Policy and Trait Theory 129

Profi les in Crime Andrea Yates 130

Thinking Like a Criminologist 131

Summary 132

Key Terms 133

Critical Thinking Questions 133

Chapter 6

Social Structure Theory 135 Economic Structure and Crime 136

Problems of the Lower Class 137

Child Poverty 137

Minority Group Poverty 137

Poverty and Crime 139

Race, Culture, Gender, and Criminology More Than Just Race 140

Social Structure Theories 140

Social Disorganization Theory 143

The Work of Shaw and McKay 144

The Social Ecology School 145

Strain Theories 151

Theory of Anomie 151

Institutional Anomie Theory 153

Relative Deprivation Theory 153

General Strain Theory (GST) 154

Cultural Deviance Theory 157

Theory of Delinquent Subcultures 158

Race, Culture, Gender, and Criminology The Code of the Streets 159

Theory of Differential Opportunity 161

Social Structure Theory and Public Policy 162

Thinking Like a Criminologist 163

Summary 163

Key Terms 164

Critical Thinking Questions 165

Chapter 7

Social Process Theories 167 Institutions of Socialization 169

Family Relations 169

Educational Experience 170

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Current Issues in Crime Family Functioning and Crime 171

Peer Relations 172

Religion and Belief 172

Social Learning Theories 173

Differential Association Theory 173

Neutralization Theory 177

Evaluating Learning Theories 179

Social Control Theory 180

Self-Concept and Crime 180

Hirschi’s Social Control Theory 180

Testing Social Control Theory: Supportive Research 182

Critiquing Social Control Theory 183

Profiles in Crime Alpha Dog 184

Social Reaction (Labeling) Theory 185

Consequences of Labeling 186

Primary and Secondary Deviance 187

Crime and Labeling 188

Differential Enforcement 189

Research on Social Reaction Theory 189

Is Labeling Theory Valid? 191

Social Process Theory and Public Policy 191

Policy and Practice in Criminology Head Start 192

Thinking Like a Criminologist 194

Summary 194

Key Terms 195

Critical Thinking Questions 195

Chapter 8

Social Conflict and Critical Criminology 197 Confl ict and Crime 198

Origins of Critical Criminology 198

Contemporary Critical Criminology 200

How Critical Criminologists Defi ne Crime 201

State (Organized) Crime 202

How Critical Criminologists View the Cause of Crime 204

Current Issues in Crime Torturing Terror Suspects 205

Globalization 206

Instrumental Vs. Structural Theory 207

Instrumental Theory 207

Structural Theory 208

Research on Critical Criminology 208

Profiles in Crime Mumia Abu-Jamal 210

Critique of Critical Criminology 211

Left Realism 211

Crime Protection 212

Critical Feminist Theory 212

Patriarchy and Crime 213

Power–Control Theory 214

Peacemaking Criminology 215

Critical Theory and Public Policy 216

The Concept of Restorative Justice 217

The Process of Restoration 218

Restoration Programs 218

Balanced and Restorative Justice (BARJ) 219

The Challenge of Restorative Justice 220

Policy and Practice in Criminology Victim Offender Reconciliation in Denver, Colorado 221

Thinking Like a Criminologist 222

Summary 222

Key Terms 223

Critical Thinking Questions 223

Chapter 9

Developmental Theories: Life- Course and Latent Trait 225 Foundations of Developmental Theory 226

Life-Course Fundamentals 227

Problem Behavior Syndrome 228

Pathways to Crime 229

Offense Specialization/Generalization 230

Age of Onset/Continuity of Crime 230

Offending Patterns and Trends 230

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Profiles in Crime The Xbox Killers 231

Theories of the Criminal Life Course 232

Sampson and Laub’s Age-Graded Theory 233

Current Issues in Crime Love, Sex, Marriage, and Crime 236

Latent Trait Theories 236

Onset and Persistence of Crime 237

Current Issues in Crime Tracking Down The 500 Delinquent Boys 238

Crime and Human Nature 239

Part 3 Crime Typologies

General Theory of Crime 241

Analyzing the General Theory of Crime 243

Critiquing the General Theory of Crime 244

Current Issues in Crime Self-Control and Drug Dealing 247

Public Policy Implications of Developmental Theory 248

Thinking Like a Criminologist 249

Summary 249

Key Terms 250

Critical Thinking Questions 251

Chapter 10

Violent Crime: Personal and Political 253 Causes of Violence 254

Personal Traits 255

Ineffective Families 255

Evolutionary Factors/Human Instinct 255

Exposure to Violence 256

Substance Abuse 256

Firearm Availability 257

Cultural Values 257

National Values 257

Race, Culture, Gender, and Criminology The Honor Killing of Women and Girls 258

Forcible Rape 259

Incidence of Rape 260

Types of Rapists 260

Types of Rape 261

Causes of Rape 262

Rape and the Law 263

Murder and Homicide 265

Degrees of Murder 265

Nature and Extent of Murder 266

Murderous Relations 267

Serial Killers, Mass Murderers, and Spree Killers 270

Assault and Battery 272

Nature and Extent of Assault 272

Domestic Violence: Assault in the Home 272

Robbery 275

The Armed Robber 276

Acquaintance Robbery 276

Emerging Forms of Interpersonal Violence 277

Hate Crimes 277

Workplace Violence 280

Stalking 280

Political Violence and Terrorism 281

Contemporary Forms of Terrorism 281

What Motivates Terrorists and Terrorism? 285

Profiles in Crime Azzam the American 286

Thinking Like A Criminologist 287 Responses to Political Violence and Terrorism 288

Summary 289

Key Terms 290

Critical Thinking Questions 290

Chapter 11

Property Crimes 293 History of Theft 294

Contemporary Thieves 295

Occasional Thieves 295

Professional Thieves 295

Larceny/Theft 296

Common Larceny/Theft Offenses 297

Shoplifting 297

Profiles in Crime Invasion of the Body Snatchers 298

Credit Card Theft 300

Auto Theft 300

Bad Checks 303

False Pretenses/Fraud 303

Receiving and Fencing Stolen Property 305

Embezzlement 305© A

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Current Issues in Crime Confessions of a Dying Thief 306

Burglary 306

Nature and Extent of Burglary 307

Types of Burglaries 307

Careers in Burglary 309

Arson 310

Thinking Like a Criminologist 311

Summary 311

Key Terms 312

Critical Thinking Questions 313

Chapter 12

Enterprise Crime: White- Collar Crime, Cyber Crime, and Organized Crime 315 Enterprise Crime 316

Crimes of Business Enterprise 316

White-Collar Crime 316

Components of White-Collar Crime 317

White-Collar Fraud 317

Chiseling 318

Profiles in Crime Crime of the Century: Bernard L. Madoff Investment Securities LLC 320

Current Issues in Crime The Subprime Mortgage Scandal 321

Exploitation 321

Infl uence Peddling 322

Embezzlement and Employee Fraud 323

Client Fraud 324

Corporate Crime 326

Theories of White-Collar Crime 329

Rationalization/Neutralization View 329

Corporate Culture View 330

Self-Control View 330

White-Collar Crime and Law Enforcement Systems 330

Controlling White-Collar Crime 331

Cyber Crime 332

Cyber Theft: Cyber Crimes for Profi t 334

Computer Fraud 334

Pornography and Prostitution 334

Denial-of-Service Attack 335

Distributing Dangerous Drugs 335

Illegal Copyright Infringement 335

Internet Securities Fraud 336

Identity Theft 336

Etailing Fraud 336

Cyber Vandalism: Cyber Crime with Malicious Intent 337

Cyber Stalking 337

Cyber Bullying 337

Cyber Terrorism: Cyber Crime with Political Motives 338

Extent and Costs of Cyber Crime 338

Controlling Cyber Crime 339

What the Future Holds 339

Organized Crime 339

Characteristics of Organized Crime 340

Activities of Organized Crime 341

The Concept of Organized Crime 341

Contemporary Organized Crime Groups 341

Controlling Organized Crime 342

The Future of Organized Crime 343

Race, Culture, Gender, and Criminology Russian Organized Crime 344

Thinking Like a Criminologist 346

Summary 346

Key Terms 347

Critical Thinking Questions 347

Chapter 13

Public Order Crimes 349 Law and Morality 350

Criminal or Immoral? 351

Moral Crusaders and Moral Crusades 351

Sex-Related Offenses 353

Paraphilias 354

Pedophilia 354

Profiles in Crime The Jessica Lunsford Murder Case 355

Prostitution 356

Incidence of Prostitution 356

International Sex Trade 357

Types of Prostitutes 357

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Race, Culture, Gender, and Criminology International Human Traffi cking 358

Becoming a Prostitute 360

Controlling Prostitution 360

Legalize Prostitution? 361

Pornography 362

Is Pornography Harmful? 362

Does Pornography Cause Violence? 363

Pornography and the Law 363

Can Pornography Be Controlled? 365

Substance Abuse 365

When Did Drug Use Begin? 366

Alcohol and Its Prohibition 366

Extent of Substance Abuse 367

Causes of Substance Abuse 368

Drugs and Crime 370

Drugs and the Law 371

Drug Control Strategies 372

Legalization of Drugs 376

Thinking Like a Criminologist 377

Summary 378

Key Terms 379

Critical Thinking Questions 379

Contents

Part 4 The Criminal Justice System

Chapter 14

The Criminal Justice System 381 What is the Criminal Justice System? 382

Police and Law Enforcement 384

The Criminal Court System 385

Profiles in Crime Canine Cruelty 390 Corrections 390

Policy and Practice in Criminology Problems of Reentry 392

The Process of Justice 394

Discretion and the Criminal Justice Process 398

Courtroom Work Group 400

Criminal Justice and the Rule of Law 400

Concepts of Justice 401

Crime Control Model 401

Due Process Model 402

Race, Culture, Gender, and Criminology Does Racial Bias Exist in Criminal Sentencing? 404

Rehabilitation Model 404

Equal Justice Model 406

Nonintervention Model 407

Restorative Justice Model 408

Concepts of Justice Today 409

Thinking Like a Criminologist 409

Summary 410

Key Terms 411

Critical Thinking Questions 411

Notes 413

Glossary 463

Name Index 472

Subject Index 484

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Preface

On November 5, 2009, the nation was stunned to hear that a gunman had opened fire in the Soldier Readiness Center at Fort Hood, in Killeen, Texas, killing 13 people and wounding 30 others. As the suspected gunman, Army M ajor Nidal Malik Hasan, exited the building, he was shot in an exchange of gunfire by civilian police officers Ser- geant Kimberly Munley and Sergeant Mark Todd, who had responded to an emergency call. Sergeant Munley, hit three times, was later hailed as a hero for her cool behavior under fire.

A U.S. Army psychiatrist, Hasan had enlisted imme- diately after high school graduation, and he served eight years while attending college at Virginia Tech. After gradu- ation he went on to medical school at the Uniformed Ser- vices University of the Health Sciences (USUHS), all at the expense of the U.S. government. In 2009 he was promoted to major, despite having received poor evaluations.

After the shooting, reports soon surfaced that, far from being gratified by his military and academic success, Hasan was a deeply troubled man. His relatives maintained that he had suffered harassment as a consequence of his Mid- dle Eastern background (Hasan is of Palestinian descent). Family members also claimed he was seeking a discharge from the Army because he had been the target of religious discrimination.

More troubling were reports that military authorities had failed to act despite intelligence showing that Hasan was involved in Islamic radical groups and that he had at- tempted to forge ties with al Qaeda. He had attended the Dar al-Hijrah mosque in Falls Church, Virginia, at the same time that it was frequented by two 9/11 hijackers, Nawaf al-Hazmi and Hani Hanjour. The imam at that time, A nwar al-Awlaki, was a spiritual adviser to the hijackers, and Hasan has been said to have had deep respect for Awlaki's teachings. Reports circulated that Hasan was highly criti- cal of United States policy in the Middle East and believed that it constituted a war on the Muslim religion. Yet even though the FBI informed the Army about his contacts and statements, no action was taken.

Was Hasan a terrorist or simply a disturbed individual who cracked under stress? He shouted, “Allah Akbar” (“God is the Greatest,”) as he shot his way through the Readiness Center. Is this an indication that he had taken on a role similar to that of a jihadist suicide bomber? There was little indication that Hasan was part of a terror cell or had formal

contacts with terrorist organizations. Can a person acting alone be considered a terrorist? On the other hand, Hasan was a doctor and psychiatrist who was in close contact with mental health professionals. If he was truly disturbed, how is it possible that none of his colleagues, trained in psychol- ogy and psychiatry, noticed his condition? Is this an indica- tion that, rather than being mentally ill, he was a rational decision maker seeking revenge?

Considering such incidents of mass violence as the Fort Hood shootings, it is not surprising that many Americans are concerned about crime and worried about becoming victims of violent crime themselves. We alter our behav- ior to limit the risk of victimization and question whether legal punishment alone can control criminal offenders. We watch movies about law firms, clients, fugitives, and stone- cold killers. We are shocked when the news media offer graphic accounts of school shootings, police brutality, and sexual assaults.

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