Genetic theory holds that criminality producing traits are

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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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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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

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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.

I, too, have had a life-long interest in crime, law, and justice. Why do people behave the way they do? What causes someone like Major Hasan to kill people he hardly knew? Was his behavior the result of a diseased mind and personality? Or was he a cool, calculating terrorist seeking to undermine the U.S. military? Could his mur- derous rampage have been predicted and prevented? And what should be done with people who commit horren- dous crimes? Does Hasan deserve to be executed for his misdeeds? And if not, who does? Would executing some- one like Hasan deter others from terrorism? Or might his martyrdom encourage other would-be terrorists to take similar actions?

Goals of this Book For the past 40 years, I have channeled my fascination with issues related to crime and justice into a career as a student and teacher of criminology. My goal in writing this text is to help students share the same enthusiasm for criminology that has sustained me during my teach- ing career. What could be more important or fascinating than a field of study that deals with such wide-ranging top- ics as the motivation for mass murder, the effects of vio- lent media on young people, drug abuse, and organized crime? C riminology is a dynamic field, changing constantly with the release of major research studies, Supreme Court

xvPreface

r ulings, and g overnmental policy. Its dynamism and diver- sity make it an important and engrossing area of study.

One reason why the study of criminology is so impor- tant is that debates continue over the nature and extent of crime and the causes and prevention of criminality. Some view criminals as society’s victims who are forced to violate the law because of poverty and lack of opportunity. Others view aggressive, antisocial behavior such as the Fort Hood massacre as a product of mental and physical abnormali- ties, present at birth or soon after, that are stable over the life course. Still another view is that crime is a function of the rational choice of greedy, selfish people who can be deterred from engaging in criminal behavior only by the threat of harsh punishments. It all comes down to this: Why do people do the things they do? How can we explain the intricacies and diversity of human behavior?

Because interest in crime and justice is so great and so timely, this text is designed to review these ongoing is- sues and cover the field of criminology in an organized and comprehensive manner. It is meant as a broad overview of the field, an introduction to whet the reader’s appetite and encourage further and more in-depth exploration.

Several major themes recur throughout the book:

Fact versus Fiction: A main goal of this new edition is to expose some of the myths that cloud people’s thinking about crime and criminals. Because the media often paint a distorted picture of the crime problem in America and focus only on the most sensational cases, it is essential to help students separate the rhetoric from the reality: Is the crime rate really out of control? Are unemployed people inclined to commit crime? Are immigrants more crime- prone than the native-born? Are high school dropouts more likely to commit crime than graduates? Distinguish- ing what is true from what is merely legend is one of the greatest challenges for instructors in criminology courses. The all-new Fact or Fiction? feature in Criminology: The Core helps meet that challenge head on. This feature separates myth from reality to disabuse students of incorrect notions, perceptions, and biases. Each chapter opens with a list of Fact or Fiction? statements highlighting common percep- tions about crime that are related to the material discussed in the c hapter. Then, throughout the text, these topics are revisited so the student will become skilled at distinguish- ing the myths from the reality of crime and criminality.

Competing Viewpoints: There are still on-going debates about the nature and extent of crime and the causes and prevention of criminality. I try to present the various view- points on each topic and then draw a conclusion based on the weight of the existing evidence. Students become familiar with this kind of analysis by examining Concept S ummary boxes that compare different viewpoints, review- ing both their main points and their strengths.

Critical Thinking: It is important for students to think critically about law and justice and to develop a critical

p erspective toward the social institutions and legal institu- tions entrusted with crime control. Throughout the book, students are asked to critique research highlighted in boxed material and to think “outside the box,” as it were. To aid in this task, each chapter ends with a brief section called Thinking Like a Criminologist, which presents a scenario that can be analyzed with the help of material found in the chapter. This section also includes critical thinking ques- tions to guide classroom interaction.

Diversity: Diversity is a key issue in criminology, and this text attempts to integrate issues of racial, ethnic, gen- der, and cultural diversity throughout. The book includes m aterial on international issues, such as the use of the death penalty abroad, and on gender issues, such as the rising rate of female criminality. Boxed features headed Race, Culture, Gender, and Criminology enhance the coverage of diversity i ssues. In Chapter 14, for example, there is an in-depth discussion of how race influences sentencing in criminal courts.

Current Theory and Research: Throughout the book, every attempt is made to use the most current research to illus- trate the major trends in criminological research and policy. Most people who use the book have told me that this is one of its strongest features. I have attempted to present current research in a balanced fashion, even though this approach can be frustrating to students. It is comforting to reach an unequivocal conclusion about an important topic, but some- times that simply is not possible. In an effort to be objective and fair, I have presented each side of important crimino- logical debates in full. Throughout the text, boxed features headed Current Issues in Crime review important research in criminology. For example, in Chapter 12, a box called “The Subprime Mortgage Scandal” helps explain this white-collar crime that nearly brought down the financial system.

Social Policy: There is a focus on social policy through- out the book so that students can see how criminological t heory has been translated into crime prevention programs. Because of this theme, Policy and Practice in Criminology fea- tures are included throughout the text. These show how criminological ideas and research can be put into a ction. For example, Chapter 4 includes a Policy and Practice in Criminology box called “Reducing Crime through Surveil- lance.” It examines the effectiveness of closed-circuit tele- vision (CCTV) surveillance cameras and improved street l ighting—crime prevention techniques that are currently being used around the world.

My primary goals in writing this text were as follows:

1. To separate the facts from the fi ction about crime and criminality

2. To provide students with a thorough knowledge of crimi- nology and show its diversity and intellectual content

3. To be as thorough and up-to-date as possible 4. To be objective and unbiased

xvi Preface

5. To describe current theories, crime types, and methods of social control, and to analyze their strengths and weaknesses

6. To show how criminological thought has infl uenced social policy

In sum, the text has been carefully structured to cover relevant material in a comprehensive, balanced, and ob- jective fashion. Every attempt has been made to present the material in an interesting and contemporary manner. No single political or theoretical position dominates the text; instead, it presents the many diverse views that are contained within criminology and characterize its interdis- ciplinary nature. The text includes analysis of the most im- portant scholarly works and scientific research reports, but it also offers a great deal of topical information on recent cases and events, such as the controversial arrest, trial, and conviction of activist cop killer Mumia Abu-Jamal and the fall of financier Bernard Madoff, perpetrator of what was probably the largest scam in the nation’s history.

Topic Areas Criminology: The Core is a thorough introduction to this fas- cinating field and is intended for students in introductory courses in criminology. It is divided into four main sections or topic areas.

Part 1 provides a framework for studying criminology. The first chapter defines the field and discusses its most basic concepts: the definition of crime, the component areas of criminology, the history of criminology, the concept of criminal law, and the ethical issues that arise in this field. Chapter 2 covers criminological research methods, as well as the nature, extent, and patterns of crime. Chapter 3 is devoted to the concept of victimization, including the nature of victims, theories of victimization, and programs designed to help crime victims.

Part 2 contains six chapters that cover criminological t heory: Why do people behave the way they do? Why do they commit crimes? These views focus on choice (C hapter 4), biological and psychological traits (Chapter 5), social structure and culture (Chapter 6), social process and socialization (Chapter 7), social conflict (Chapter 8), and human development (Chapter 9).

Part 3 is devoted to the major forms of criminal behavior. The chapters in this section cover violent crime (C hapter 10), common theft offenses (Chapter 11), enter- prise crimes (Chapter 12), and public order crimes, includ- ing sex offenses and substance abuse (Chapter 13).

Part 4 consists of one chapter, which covers the criminal justice system (Chapter 14). It provides an overview of the entire justice system, including the process of justice, the major organizations that make up the justice system, and concepts of and perspectives on justice.

What’s New in This Edition? Chapter 1, Crime and Criminology, now opens with a vignette on financier Norman Hsu, who pleaded guilty to ten counts of mail and wire fraud stemming from his role in an invest- ment fraud scheme that affected investors across the United States. A Policy and Practice in Criminology feature addresses the important issue of whether registration of sex offenders who have served their sentences should be required. There is a review of recent research, including an article by Tatia M. C. Lee, Siu-Ching Chan, and Adrian Raine that sought to determine whether these criminals’ aggressive behavior was a product of their neurological makeup or a social con- dition such as unemployment. A new Profiles in Crime fea- ture focuses on a case involving “kiddie porn.”

Chapter 2, The Nature and Extent of Crime, begins with a v ignette on George Zinkhan, who killed his wife Marie Bruce and two other people as they left a reunion picnic of the Town and Gown Players theater group in Athens, Georgia. A Profiles in Crime feature called “A Pain in the Glass” tells the story of Ronald and Mary Evano, who turned dining in res- taurants into a profitable—albeit illegal—activity via a scam that involved eating glass. The data in the c hapter has been updated with a look at recent crime trends and patterns.

Chapter 3, Victims and Victimization, includes a new s ection on blaming the victim that shows that the suffering e ndured by crime victims does not end when their attacker leaves the scene of the crime. They may suffer further from innuendos or insinuations that they are somehow to blame for what happened. A new section on crime in schools shows that, unfortunately, educational facilities are the site of a great deal of victimization, because they include a concentrated population of one of the most dangerous seg- ments of society: teenage males. A new section on victim impulsivity explores the idea that some personality traits exhibited by victims may provoke attack. A Current Issues in Crime feature called “Escalation or Desistance: The Effect of Victimization on Criminal Careers” discusses what happens when a criminal experiences victimization. Does it encour- age further criminal activities? Or might the e xperience of victimization help convince a career criminal to choose a nother career?

Chapter 4, Choice Theory: Because They Want To, begins with the story of the “pump and dump” stock market scheme orchestrated by Michael Pickens, son of one of the nation’s richest men. A new section on evaluating the risks of crime explores how reasoning criminals carefully select targets. For example, burglars seem to choose targets on the basis of their value, novelty, and resale potential. A Profiles in Crime feature called “Looting the Public Treasury” tells the tale of the corruption of Albert Robles, who served terms as mayor, councilman, and deputy city manager of South Gate, California. A Policy and Practice in Criminology feature called “Reducing Crime through Surveillance” u pdates the

xviiPreface

research of Brandon Welsh and David Farrington, who have been using systematic review and meta-analysis to assess the comparative effectiveness of situational crime prevention techniques. The chapter also examines the deterrent effects of the severity, certainty, and speed of punishment and the way those factors may influence one another. Research is presented to show that people may be deterred from committing some crimes more readily than from committing others and that the most significant deterrent effects can be achieved in minor crimes and of- fenses, whereas more serious crimes such as homicide are harder to discourage.

Chapter 5, Trait Theory, opens with the stories of 23-year- old Seung-Hui Cho, who took the lives of 32 people at V irginia Tech, and Steven Kazmierczak, a former student at Northern Illinois University who killed five people when he attacked the campus. There is an analysis of psycholo- gist Bernard Rimland’s 2008 book Dyslogic Syndrome, which disputes the notion that bad or ineffective parenting is to blame for troubled or disobedient children and places the blame on bad diets instead. A Current Issues in Crime fea- ture titled “Teenage Behavior: Is it the Brain?” reviews new brain research that is shedding light on some of the reasons why so much conflict exists between parents and teens. There is a new section on John Bowlby’s attachment theory, which holds that the ability to form an emotional bond to another person has important psychological impli- cations that persist across the life span. Another Current I ssues in Crime feature updates research on violence in the media and its effect on human behavior.

Chapter 6, Social Structure Theory, contains new information on the MS-13 gang, which originally formed as a means of self-protection. (The name is made up of three elements: mara, Spanish for “posse” or gang, salvatruchas, slang for be- ing alert and ready to take action, and 13, a reference to the gang’s beginnings on 13th Street in Los Angeles.) There is updated information on poverty in the United States and its impact on children and minority group members. Today, almost 25 percent of African Americans and 22 percent of L atino Americans still live in poverty, compared to less than 10 percent of whites. A Race, Culture, Gender, and Criminology feature called “More than Just Race” updates the work of William Julius Wilson, one of the nation’s most prominent sociologists, with analysis of his most recent work, More than Just Race: Being Black and Poor in the Inner City.

Chapter 7, Social Process Theories, begins with the continu- ing saga of Genarlow Wilson, a teenager who was labeled a sexual predator and sent to prison but was later released when those in power decided that he was not really a felon and that the law was not intended to apply to his offense. A Current Issues in Crime feature titled “Family Functioning and Crime” reviews the work of Rand Conger, one of the nation’s leading experts on family life. Recent research on peers and delinquency and the association of young of- fenders with friendship groups is reviewed. New evidence

suggests that most juvenile offenses are committed by in- dividuals acting alone and that group offending, when it does occur, is merely incidental and of little importance in explaining the onset of delinquency, a finding that sup- ports Hirschi’s social bond theory.

Chapter 8, Social Conflict and Critical Criminology, is in- troduced by a vignette on the Sri Lankan government’s civil rights abuses in its war against the Tamil Tiger rebel group. There is a major new section on state (organized) crime—criminal acts committed by state officials, both elected and appointed, while holding their jobs as govern- ment representatives. Within this section are discussions of political corruption, illegal domestic surveillance, human rights violations, state–corporate crime, and state violence. A C urrent Issues in Crime feature titled “Torturing Terror S uspects” looks at the use of torture to gain information from s uspected political criminals. There are new sections on r estorative justice, including A Policy and Practice in C riminology feature on the Victim Offender Reconciliation Program (VORP) of Denver, Colorado.

Chapter 9, Developmental Theories: Life-Course and Latent Trait, opens with a vignette on the life and times of the outlaw Jesse James, a true folk hero. Loved by the “little people,” James remained an active outlaw until April 3, 1882. How did his career develop? And can we identify turning points that led him to a life of crime? A Profiles in Crime feature on the Xbox killers covers the career of Troy Victorino and his friends Robert Cannon, Jerone Hunter, and Michael Salas, who committed one of the most brutal crimes in American history. A Current Issues in Crime feature called “Love, Sex, Marriage, and Crime” delves into the effect of romance on crime. According to developmental theory, romance helps neutralize crime. Does love really work wonders? A nother Current Issues in Crime feature, “Self-Control and Drug D ealing,” probes the motives for getting involved in drug dealing, a crime that seems to reflect business enterprise and cunning, rather than impulsivity and lack of self-control.

Chapter 10, Violent Crime: Personal and Political, updates the data on various forms of common-law violence: rape, mur- der, assault, and robbery. A new Race, Culture, Gender, and Criminology feature titled “The Honor Killing of Women and Girls” discusses culture and violence. There is new in- formation on date rape and hate crimes. The material on terrorism has been reorganized and updated.

Chapter 11, Property Crimes, begins with the story of W illiam M. V. Kingsland, an urbane upper-class gentleman, in- tellectual, and art expert who, after his death, was found to have been a chronic art thief who was able to amass a collection worth millions. There are new sections on cargo thieves, professional criminals who work in highly o rganized groups, targeting specific items and employing “s pecialists” who bring different sets of criminal skills to the table when they hijack cargo shipments. Another section introduces car cloning, a new form of professional auto

xviii Preface

theft that involves stealing a luxury car and then substitut- ing the registration of a vehicle of the exact same make and model (and even the same color) as the stolen one. There is an exhibit on check fraud schemes. A new section on third-party fraud discusses schemes in which the “v ictim” is a third party, such as an insurance company that is forced to pay false claims.

Chapter 12, Enterprise Crime: White-Collar Crime, Cyber Crime, and Organized Crime, begins with a new vignette on an inter- national child pornography ring that originated in A ustralia and recruited pornographers from all over the world. The chapter now discusses contract frauds that tempt people to sign long-term agreements without informing them that the small print included in the sales contract obligates them to purchase high-priced services they did not really want in the first place. A new Profiles in Crime feature covers the multibillion-dollar stock market fraud committed by b usinessman Bernard Madoff, and a Current Issues in Crime feature addresses the subprime mortgage scandal. There is a review of the case of Wayne Cresap, a Louisiana judge who was charged with accepting bribes from in dividuals who wanted to influence his bail decision making. The section on cyber crime examines the case of Lori Drew, a Missouri woman who perpetrated a MySpace hoax on a teenage neighbor who later committed suicide. The text now d iscusses the illegal sale of controlled substances, mostly stimulants and depressants, via Internet websites.

Chapter 13, Public Order Crimes, begins with a vignette on the Emperor’s Club and one of its clients, New York’s hard- charging Governor Eliot Spitzer, who was forced to resign when word got out that he was seeing prostitutes. A new section on social harm points out the irony that 500,000 deaths in the United States each year can be linked to the consumption of tobacco and alcohol, substances it is perfectly legal for adults to sell and use. The material on moral crusades has been expanded, and there is discus- sion of anti smut campaigns that target books considered too “racy” or controversial to be suitable for a public school library. A new section examines the “moral crusade” aimed at preventing the legalization of same-sex marriage. There is a new section on the international sex trade and a Race, C ulture, Gender, and Criminology feature titled “International Human Trafficking.” Among the new research discussed is a recent longitudinal analysis by Cesar Rebellon and Karen Van Gundy, which found evidence that marijuana users are up to five times more likely than nonusers to escalate their drug abuse and try cocaine and heroin.

Chapter 14, The Criminal Justice System, begins with the story of Savana Redding, a 13-year-old eighth-grade honor stu- dent who was subjected to a strip search after being accused of possessing prescription-strength ibuprofen. The ruling in this case limited the ability of school officials to search stu- dents. The newest data on the size, cost, and scope of crimi- nal justice is presented. A Profiles in Crime titled “Canine Cruelty” shows that NFL quarterback Michael Vick is not

alone in his involvement with dog fighting. Detailed analy- sis of the correctional population is included. Both the jail and prison populations have steadily grown despite a re- duction in the crime rate, probably because the proportion of those convicted who are sentenced to prison has been increasing, along with the lengths of criminal sentences.

Features This text contains various pedagogical elements designed to help students analyze material in greater depth and also link it to other material in the book:

Fact or Fiction? ▶ There are numbers of myths and leg- ends about crime and criminology. And some widely held beliefs have turned out to be false and misleading myths. Can we tell what is fact from what is merely fi ction? At the beginning of each chapter, a set of state- ments appears describing popular beliefs about crime, criminals, law, and justice. Then, throughout the chap- ter, these statements are revisited in order to confi rm the accurate ones and set students straight about the others. For example, many people believe that immi- grants commit a lot of crime. Is that true? Find out in Chapter 2.

Current Issues in Crime ▶ boxed inserts review impor- tant issues in criminology. For example, in Chapter 2, the feature “Explaining Trends in Crime Rates” dis- cusses the social and political factors that cause crime rates to rise and fall.

Policy and Practice in Criminology ▶ boxes show how criminological ideas and research can be put into action. For example, a Policy and Practice in Criminology feature in Chapter 7 discusses Head Start, probably the best-known effort to help youths in the lower socio economic class receive effective socialization and, in so doing, reduce their potential for future criminality.

Race, Culture, Gender, and Criminology ▶ boxes cover issues related to racial, cultural, and sexual diversity. In Chapter 6, for example, the feature “More Than Just Race” discusses the work and thought of William Julius Wilson, one of the nation’s leading sociologists.

All of these boxes are accompanied by critical thinking questions. In addition to these elements, the text also includes other helpful features:

Profi les in Crime ▶ (new in this edition) present stu- dents with actual crimes that help illustrate positions or views discussed in the chapter. For example, a Chapter feature titled “Crime of the Century: Bernard L. Madoff Investment Securities, LLC” examines the greatest secu- rities fraud in U.S. history.

Connections ▶ are brief inserts that help link the mate- rial to other topics addressed in the book. For example, a Connections box in Chapter 11 shows how efforts to

xixPreface

control theft offenses are linked to the choice theory of crime discussed in Chapter 4.

Checkpoints ▶ appear at the end of each major section throughout each chapter. They review the key concepts presented in that section to reinforce the chapter learn- ing objectives.

Chapter Outlines ▶

Chapter Learning Objectives ▶ . Each chapter begins with a list of key learning objectives that correspond to the most important sections and issues contained within the material.

A ▶ running glossary in the margins ensures that students understand words and concepts as they are introduced.

A ▶ Thinking Like a Criminologist section at the end of each chapter presents challenging questions or issues that students must answer or confront by drawing on their knowledge of criminology. Applying the informa- tion they have learned in the text will help students begin to “think like criminologists.”

An end of chapter ▶ Summary revisits the opening chap- ter learning objectives and links them directly to the material covered in the text.

Each chapter ends with a list of ▶ Key Terms, followed by Critical Thinking Questions, which help develop students’ analytical abilities.

Supplements An extensive package of supplemental aids is available for instructor and student use with this edition of Criminology: The Core. Supplements are available to qualified adopters. Please consult your local sales representative for details.

FOR THE INSTRUCTOR Instructor’s Edition Designed just for instructors, the In- structor’s Edition includes a visual walk-through that il- lustrates the key pedagogical features of the text, as well as the media and supplements that accompany it. Use this handy tool to learn quickly about the many options this text provides to keep your class engaging and informative.

Instructor’s Resource Manual with Test Bank The updated and revised Instructor’s Resource Manual for the fourth edi- tion, prepared by Joanne Ziembo-Vogl of Grand Valley State University, provides detailed outlines, key terms and concepts, discussion topics and student activities, and criti- cal thinking questions that will help you more effectively communicate with your students, while allowing you to strengthen your coverage of course material.

PowerLecture This instructor resource includes Microsoft® PowerPoint® lecture slides with graphics from the text,

making it easy for you to assemble, edit, publish, and pre- sent lectures customized for your course.

PowerPoint Slides These handy Microsoft PowerPoint slides, which outline the chapters of the main text in a classroom-ready presentation, will help you in making your lectures engaging and in reaching your visually oriented students. The presentations are available for download on the password-protected website and can also be obtained by emailing your local Cengage Learning representative.

eBank Lesson Plans The Lesson Plans, created by Aaron Peeks of Elon University, bring accessible, masterful sug- gestions to every lesson. The Lesson Plans include sample syllabi, learning objectives, lecture notes, discussion topics, in-class activities, a detailed lecture outline, and assign- ments. Lesson Plans are available on the PowerLecture re- source and the instructor website, or you can access them by emailing your local representative and asking for a download of the eBank files.

WebTutor™ Jumpstart your course with customizable, rich, text-specific content within your Course Management Sys- tem. Whether you want to Web-enable your class or put an entire course online, WebTutor™ delivers. Web Tutor™ offers a wide array of resources, including media assets, test bank, practice quizzes, and additional study aids. Visit webtutor.cengage.com to learn more.

Classroom Activities for Criminal Justice This valuable booklet, which is available to adopters of any Wadsworth criminal justice text, offers instructors the best of the best in criminal justice classroom activities. Containing both tried-and-true favorites and exciting new projects, its ac- tivities are drawn from across the spectrum of criminal justice subjects (including introduction to criminal justice, criminology, corrections, criminal law, policing, and juve- nile justice) and can be customized to fit any course. Nov- ice and seasoned instructors alike will find this booklet a powerful tool to stimulate classroom engagement.

The Wadsworth Criminal Justice Resource Center, www .cengage.com/criminaljustice Designed with the instructor in mind, this website provides information about W adsworth’s technology and teaching solutions, as well as several fea- tures created specifically for today’s criminal justice student. Supreme Court updates, timelines, and hot-topic polling can all be used to supplement in-class assignments and discus- sions. You’ll also find a wealth of links to careers and news in criminal justice, book-specific sites, and much more.

FOR THE STUDENT Companion Website, www.cengage.com/criminaljustice/ siegel The new companion website provides many c hapter-specific resources, including chapter outlines,

www.cengage.com/criminaljustice
www.cengage.com/criminaljustice
www.cengage.com/criminaljustice/siegel
www.cengage.com/criminaljustice/siegel
xx Preface

learning objectives, glossary, flash cards, crossword puz- zles, and t utorial quizzing.

Criminal Justice Media Library This engaging resource p rovides students with more than 300 ways to investigate current topics, career choices, and critical concepts.

Study Guide An extensive student guide has been devel- oped for this edition by Bernadette Holmes of Norfolk State University. Because students learn in different ways, the Study Guide includes a variety of pedagogical aids that will help them do their best, as well as integrated art and f igures from the main text. Each text chapter is outlined and s ummarized, major terms and figures are defined, and self-tests are provided for review.

Handbook of Selected Supreme Court Cases, Third E dition This supplementary handbook covers nearly 40 landmark cases, each of which includes a full case citation, an introduction, a summary from WestLaw, excerpts from the case, and the decision. The updated edition includes Hamdi v. Rumsfeld, Roper v. Simmons, Ring v. Arizona, Atkins v. Virginia, Illinois v. Caballes, and much more.

CLeBook CLeBook enables students to access Cengage Learning textbooks in an easy-to-use online format. High- light, take notes, bookmark, search your text, and (in some titles) link directly into multimedia. CLeBook combines the best aspects of paper books and ebooks in one package.

Acknowledgments The preparation of this book would not have been possible without the aid of my colleagues who helped by reviewing the previous editions and gave me important suggestions for improvement.

REVIEWERS FOR THE FOURTH EDITION Yvonne Downs, Hibert College Michael Hallett, University of North Florida

Monica Jayroe, Faulkner University Charles Ochie, Albany State University Kay Kei-Ho Pih, California State University Northridge

REVIEWERS OF PREVIOUS EDITIONS John Broderick, Stonehill College Stephen J. Brodt, Ball State University Doris Chu, Arkansas State University Dana C. De Witt, Chadron State College Dorinda L. Dowis, Columbus State University Yvonne Downs, Hibert College Sandra Emory, University of New Mexico Dorothy M. Goldsborough, Chaminade University Robert G. Hewitt, Edison Community College Catherine F. Lavery, Sacred Heart University Danielle Liautaud-Watkins, William Paterson University Larry A. Long, Pioneer Pacific College Heather Melton, University of Utah Adam Rafalovich, Texas Technology University Ronald Sopenhoff, Brookdale Community College Mark A. Stelter, Montgomery College Tom Tomlinson, Western Illinois University Matt Vetter, Saint Mary’s University Scott Wagner, Columbus State Community College Jay R. Williams, Duke University

My colleagues at Cengage Learning have done their typically outstanding job of aiding me in the preparation of this text and putting up with my yearly angst. Carolyn Henderson Meier, my scintillating editor, helped guide this project from start to finish. Shelley Murphy, que es fabu- loso y fantástico, is a terrific developmental editor I cannot live without. My BFF Linda Rill did her usual outstanding job on photo research. Aaron Downey, the book’s produc- tion editor, was professional, helpful, and kind. I really ap- preciate the help of Connie Day, a wonderful copyeditor. The sensational Christy Frame is an extraordinary produc- tion manager, and the incomparable Michelle Williams is my favorite marketing manager.

Larry Siegel Bedford, New Hampshire

Criminology The Core

Chapter Outline What Criminologists Do: The Criminological Enterprise

Criminal Statistics / Crime Measurement

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

Developing Theories of Crime Causation

POLICY AND PRACTICE IN CRIMINOLOGY: Should Sex Offenders Be Registered?

Understanding and Describing Criminal Behavior

Penology: Punishment, Sanctions, and Corrections

Victimology

A Brief History of Criminology Classical Criminology Positivist Criminology Sociological Criminology Confl ict Criminology Developmental Criminology Contemporary Criminology

Deviant or Criminal? How Criminologists Defi ne Crime

PROFILES IN CRIME: Kiddie Porn Becoming Deviant The Concept of Crime Consensus View of Crime Confl ict View of Crime Interactionist View of Crime A Defi nition of Crime

Crime and the Criminal Law Common Law Contemporary Criminal Law The Evolution of Criminal Law

Ethical Issues in Criminology

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Crime and Criminology 1

Fact or Fiction? Sex offender registration lists help deter potential ▶ offenders and reduce the incidence of child molestation.

Domestic violence is abnormal. Wife abusers must have ▶ abnormal brains.

Terrorists are disturbed, angry people, many of whom are ▶ psychopaths.

The checks and balances in the U.S. court system prevent ▶ innocent people from (a) being convicted and (b) receiving the death penalty.

Criminals and victims are two totally different types of ▶ people.

A person can be convicted of a crime for possessing a ▶ sexually explicit line drawing of a child.

Chapter Objectives 1. Understand what is meant by the “fi eld of criminology.”

2. Be familiar with the various elements of the criminological enterprise.

3. Know the historical context of criminology.

4. Know the difference between crime and deviance.

5. Discuss the three different views of the defi nition of crime.

6. Know what is meant by the term “criminal law.”

7. Discuss the different purposes of the criminal law.

8. Trace the development of criminal law.

9. Describe the difference between a felony and a misdemeanor.

10. Be familiar with the ethical issues in criminology.

On May 7, 2009, in what has become an all too familiar occurrence, businessman Norman Hsu pleaded

guilty to ten counts of mail and wire fraud stemming from his role in an investment fraud scheme that

defrauded investors across the United States. Hsu was the managing director of two companies,

Components Ltd. and Next Components Ltd., that solicited investments by promising guaranteed short-

term high returns. The companies would supposedly generate funds to pay those attractive returns by

providing short-term fi nancing to other businesses. For a time, investors were paid interest and returned

principal as promised. As their trust grew, investors agreed to keep their money with the company and

often recruited friends to invest with Hsu. In reality, Hsu was running what is referred to as a Ponzi scheme:

He returned money to earlier investors with money received from subsequent investors. From 2000 through

August 2007, Hsu convinced victims to invest at least $60 million in his fraudulent scheme. In the end,

after making some payments intended to perpetuate the scheme, Hsu swindled his victims out of at least

$20 million. Hsu’s crimes were particularly disturbing because he mingled his business activities with his

role as a major fundraiser for the Democratic Party; for example, he raised over $100,000 for Hillary

Rodham Clinton’s 2008 presidential campaign. Investigations into his activities revealed that he had a long

history of business frauds extending back more than 20 years.1

4 Part 1 Concepts of Crime, Law, and Criminology

The fraud that Norman Hsu perpetrated, though serious, pales in comparison to similar multi-billion-dollar schemes of investment managers such as Bernard Madoff and of businessmen such as Kenneth Lay, Jeffrey Skilling, and Andrew Fastow. Enron, at one time the tenth largest company in America, is now bankrupt because of their corrupt business practices.

These and similar incidents show that today, people in positions of power have the capability of illegally obtaining not just millions but billions of dollars from peo- ple around the globe. The reach of crime has become truly international, creating new challenges for law enforcement authorities. These cases have captured headlines around the globe, have raised fascinating questions about crime and its control, and have spurred interest in criminology, an academic discipline that uses the scientific method to study the nature, extent, cause, and control of criminal behavior. Unlike political figures and media commentators, whose opinions about crime may be col- ored by personal experiences, biases, and election concerns, criminologists remain objective as they study crime and its consequences.2

Criminology is an interdisciplinary science. Criminologists hold degrees in a variety of diverse fields—most commonly sociology, but also criminal justice, political science, psychology, economics, engineering, and the natural sciences. For most of the twenti- eth century, the majority of criminologists were trained in sociology, but today criminol- ogy can be viewed as an independent approach to the study of criminal behavior, with its own literature, scholarly journals, and specialized graduate programs. How this field developed, its major components, and its relationship to criminal law and deviance are among the topics discussed in this chapter.

What Criminologists Do: The Criminological Enterprise Criminology is a fascinating field, encompassing a wide variety of topics that have both practical application and theoretical importance: How can substance abuse rates be reduced? Does viewing violence in the media cause people to commit crime? Can punishment reduce crime? Criminologists bring to their field a wide variety of skills, education, and experience that enhance their primary profes- sional role: applying the scientific method to the study and analysis of crime and criminal behavior.3

As is the case in other social sciences, several subareas exist within the broader arena of criminology. Taken together, these subareas make up the criminological enterprise. Criminologists may specialize in one of them in the same way in which psychologists might specialize in child development, perception, personality, psycho- pathology, or social psychology.

CRIMINAL STATISTICS/CRIME MEASUREMENT The subarea of criminal statistics/crime measurement involves calculating the amounts and trends of criminal activity: How much crime occurs annually? Who commits it? When and where does it occur? Which crimes are the most serious?

Criminologists interested in computing criminal statistics focus on creating valid and reliable measures of criminal behavior:

To analyze the activities of police and court agencies, they formulate techniques ▶ for collecting and analyzing institutional records and activities. To measure criminal activity not reported to the police by victims, they develop ▶ survey instruments that estimate the percentage of people who commit crimes but escape detection by the justice system. To identify the victims of crime, they create surveys designed to have victims ▶ report loss and injury that may not have been reported to the police.

We will discuss the crimes of Madoff, Lay, Skilling, and Fastow in Chapter 12 when we cover business-related enterprise crimes. Their crimes cost investors and taxpayers billions.

criminology The scientifi c study of the nature, extent, cause, and control of criminal behavior.

interdisciplinary Involving two or more academic fi elds.

criminal justice System made up of the agencies of social control, such as police departments, the courts, and correctional institutions, that handle criminal offenders.

criminological enterprise The various subareas included within the scholarly discipline of criminology, which, taken as a whole, defi ne the fi eld of study.

valid measure A measure that actually measures what it purports to measure; a measure that is factual.

reliable measure A measure that produces consistent results from one measurement to another.

5Chapter 1 Crime and Criminology

To test theories (for example, the theory ▶ that income inequality produces high crime rates), they create databases that make it possible to investigate the relationship between an independent variable (such as percentage of population living in poverty) and a dependent variable (such as neighborhood violent crime rates).

Without valid and reliable measures of criminal behavior, efforts to conduct research on crime and formulate criminological theories would be futile. The development of criminal statistics and what they tell us about patterns and trends in the crime rate will be discussed in Chapter 2.

SOCIOLOGY OF LAW / LAW AND SOCIETY / SOCIO-LEGAL STUDIES Sociology of law / law and society / socio-legal studies is a subarea of criminology concerned with the role that social forces play in shaping criminal law and the role of criminal law in shaping soci- ety. Criminologists interested in socio-legal stud- ies might investigate the history of legal thought in an effort to understand how criminal acts (such as theft, rape, and murder) evolved into their pres- ent form.

Criminologists may use their research skills to assess the effects of a proposed legal change. Take, for instance, the crime of obscenity. Typically, there is no uniform standard of what is consid- ered obscene; material that to some people is lewd and offensive is, to others, a work of art. How far should the law go in curbing the production and distribution of “adult” films and literature? Crimi- nologists might conduct research aimed at deter- mining the effect the proposed law will have on curbing access to obscene material such as “kid- die porn.” Other relevant research issues might include analysis of the harmful effects of viewing pornography: Are people who view pornography more likely than others to commit violent crime? The answers to such questions may one day shape the direction of legislation controlling sexual con- tent on the Internet. In the accompanying Policy & Practice feature, criminologi- cal research on a similar policy issue—sex offender registration—is discussed in some detail.

DEVELOPING THEORIES OF CRIME CAUSATION Criminologists also explore the cause of crime. Some who have a psychological orientation view crime as a function of personality, development, social learning, or cognition. Others investigate the biological correlates of antisocial behavior and study the biochemical, genetic, and neurological linkages to crime. Those with a sociological orientation look at the social forces producing criminal behavior, including neighbor- hood conditions, poverty, socialization, and group interaction.

New York City Police Department Sergeant Rafi Ovanessian checks the contents of a commuter’s backpack as he goes into the subway at 96th Street on October 6, 2005, just after New York authorities received a specifi c threat of a terrorist attack. Four years later on September 19, 2009, law enforcement agents arrested 24-year-old Najibullah Zazi of Denver, Colorado, the alleged ringleader of another plot to bomb the New York subway system. What motivates terrorists to take such extreme and destructive action? Some criminologists focus on a specifi c crime problem, such as terrorism, in order to understand its nature and extent and to help plan programs that can control or eliminate its occurrence.

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Fact or Fiction? Sex offender registration lists help deter potential offenders and reduce the incidence of child molestation.

Fiction. Research indicates that registration has little effect on either offenders or rates of child molesting.

6 Part 1 Concepts of Crime, Law, and Criminology

Criminologists may use innovative methods to test theory. For example, some criminologists believe that the root cause of crime can be linked to an abnormal biological state or condition that predisposes people to react in an aggressive, antisocial manner to environmental stimuli that might have little effect on people without the biological irregularity. To test this view, three bio-criminoloigists— Tatia M. C. Lee, Siu-Ching Chan, and Adrian Raine—recently focused their atten- tion on wife batterers to determine whether these criminals’ aggressive behavior was a product of their neurological makeup, rather than resulting from some social condition such as unemployment. Because Lee and his associates suspected that neural makeup might be the true cause of domestic violence, they used a mag- netic resonance imaging device (MRI) to assess brain function in 10 male batterers

Policy and Practice in Criminology Should Sex Offenders Be Registered?

Criminologists also evaluate the impact that new laws have had on society after they have been in effect for a while. Take the practice of sex offender registra- tion, which requires convicted sex offenders to register with local law enforcement agencies whenever they move into a community. (These provisions are often called Megan’s Laws, in memory of 7-year-old Megan Kanka. Megan was killed in 1994 by sex offender Jesse Timmendequas, who had moved unannounced into her New Jersey neighbor- hood. We will revisit this case in Chapter 3 in the Profi les in Crime feature on page 78.) Megan’s Laws require law en- forcement authorities to make information available to the public about registered sex offenders, including the offend- er’s name, picture, address, incarceration date, and nature of

crime. The information can be published in newspapers or put on a sex offender website.

In Connecticut Dept. of Public Safety v. Doe (2003), the U.S. Supreme Court upheld the legality of sex offender registra- tion when it ruled that persons convicted of sexual offenses may be required to register with a state’s Department of Public Safety and may then be listed on a sex offender regis- try that contains registrants’ names, addresses, photographs, and descriptions and can be accessed on the Internet. In a 9–0 opinion upholding the plan, the Court reasoned that, because these defendants had been convicted of a sex of- fense, disclosing their names on the registry without a hear- ing did not violate their right to due process.

Thus sex offender registration laws have been ruled con- stitutional, are pervasive (they are used in all 50 states), and appeal to politicians who may be swayed by media crusades against child molesters (such as “To Catch a Predator” on Dateline NBC), and appease the public’s desire to “do something” about child predators. But do they actually work? Does registration deter offenders from committing further sex offenses and reduce the incidence of predatory acts against children?

To answer this question, criminologists Kristen Zgoba and Karen Bachar recently (2009) conducted an in-depth study of the effectiveness of the New Jersey registration law and found that, although it was maintained at great cost to the state, the system did not produce effective results. On the one hand, sex offense rates in New Jersey were in steep decline before the system was installed, and the rate of decline actu- ally slowed down after 1995 when the law took effect. The study showed that the greatest rate of decline in sex offend- ing occurred prior to the passage and implementation of Me- gan’s Law. Zgoba and Bachar also found that the passage and implementation of Megan’s Law did not reduce the number of rearrests for sex offenses, nor did it have any demonstrable effect on the time between when sex offenders were released

from prison and the time they were rearrested for any new offense, such as a drug offense, theft, or another sex offense.

Zgoba and Bachar’s results can be used to rethink legal changes such as sex offender registration. Rather than deter- ring crime, such laws may merely cause sex offenders to be more cautious, while giving parents a false sense of security. For example, sex offenders may target victims in other states or in communities where they do not live and parents are less cautious.

CRITICAL THINKING 1. Considering the fi ndings of Zgoba and Bachar, would

you advocate abandoning sex offender registration laws because they are ineffective? Or might there be other reasons to keep them active?

2. What other laws do you think should be the topic of careful scientifi c inquiry to see whether they actually work as advertised?

SOURCES: Connecticut Dept. of Public Safety v. Doe, 538 U.S. 1 (2003); Kris- ten Zgoba & Karen Bachar, “Sex Offender Registration and Notifi cation: Research Finds Limited Effects in New Jersey,” National Institute of Justice, April 2009, www.ncjrs.gov/pdffi les1/nij/225402.pdf.

Fact or Fiction? Domestic violence is abnormal. Wife abusers must have abnormal brains.

Fact. Research suggests that wife beaters may have an abnormal brain structure that predisposes them to respond to any provocation with violence.

www.ncjrs.gov/pdffiles1/nij/225402.pdf
7Chapter 1 Crime and Criminology

and 13 male controls matched to the batterers in terms of social conditions. Their brain scanning ef- forts revealed that compared to controls, batterers showed significantly higher neural hyperrespon- sivity to threat stimuli in a variety of regions of the brain. When these hypersensitive men expe- rience even mild provocations from their spouses, they are hard-wired to respond with violence; in essence, some men have a neurobiological predis- position to spouse abuse.4

Pinning down “one true cause” of crime remains a difficult problem. Criminologists are still unsure why, given similar conditions, some people choose criminal solutions to their problems, whereas others conform to accepted social rules of behavior.

UNDERSTANDING AND DESCRIBING CRIMINAL BEHAVIOR Another subarea of criminology involves research on specific criminal types and patterns: violent crime, theft crime, public order crime, organized crime, and so on. Numerous attempts have been made to describe and understand particular crime types. Marvin Wolfgang’s 1958 study Patterns in Criminal Homicide is a landmark analysis of the nature of homicide and the relationship between victim and offender.5 Edwin Sutherland’s analy- sis of business-related offenses helped coin a new phrase, white-collar crime, to describe eco- nomic crime activities of the affluent.6 Criminolo- gists are constantly broadening the scope of their inquiry because new crimes and crime patterns are constantly emerging. Whereas 50 years ago they might have focused their attention on rape, murder, and burglary, they now may be look- ing at stalking, cyber crime, terrorism, and hate crimes. For example, a number of criminologists are now doing research on terrorism and the ter- rorist personality in order to discover why some young people are motivated to join terror groups. Among the findings:

Mental illness is not a critical factor in explain- ▶ ing terrorist behavior. Also, most terrorists are not “psychopaths.” There is no “terrorist personality,” nor is ▶ there any accurate profi le—psychological or otherwise—of the terrorist. Histories of childhood abuse and trauma and themes of perceived injustice and ▶ humiliation often are prominent in terrorist biographies, but these elements do not really help to explain terrorism.7

PENOLOGY: PUNISHMENT, SANCTIONS, AND CORRECTIONS The study of penology involves the correction and sentencing of known crimi- nal offenders. Some criminologists are advocates of rehabilitation; they direct their efforts at identifying effective treatment strategies for individuals convicted

On August 5, 2009, Sabrina Boyd, right, the wife of terrorism suspect Daniel Boyd, is shielded by her son Noah Boyd outside the Terry Sanford Federal Building and Courthouse following a hearing in Raleigh, North Carolina, during which a federal judge ordered Boyd, along with fi ve other suspects, detained until trial. Daniel Boyd, who appeared to be an upstanding citizen of Willow Springs, North Carolina, was arrested on July 27, 2009, along with his 20-something sons Dylan and Zakariya for allegedly plotting “violent jihads.” According to the indictment, Boyd spent the past three years stockpiling weapons in his rural home, recruiting and training would-be suicide bombers, and going on scouting trips to Gaza, Israel, Jordan, and Kosovo to map out potential attack sites. One job of criminologists is to understand the motivation of homegrown terrorism suspects.

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white-collar crime Illegal acts that capitalize on a person’s status in the marketplace. White-collar crimes may include theft, embezzlement, fraud, market manipulation, restraint of trade, and false advertising.

8 Part 1 Concepts of Crime, Law, and Criminology

of law violations. Others argue that crime can be prevented only through a strict policy of social control; they advocate such measures as capital punishment and mandatory sentences.

Criminologists interested in penology may help evaluate crime control programs in order to determine whether they are effective and how they will impact people’s lives. When Samuel Gross and his colleagues sought to appraise the effect of the death penalty, they found that between 1989 and 2003, 340 people (327 men and 13 women) were exonerated after having served an average of more than 10 years each in prison. Almost half (144 people) were cleared by DNA evidence. Gross and his colleagues found that death row prisoners were more than 100 times more likely to be exonerated than the average imprisoned felon.8 The Gross research illustrates how important it is to evaluate penal measures such as capital punishment in order to determine their effectiveness and reliability.

VICTIMOLOGY Criminologists recognize that the victim plays a critical role in the criminal process and that the victim’s behavior is often a key determinant of crime.9 Victimology includes the following areas of interest:

Using victim surveys to measure the nature and extent of criminal behavior and ▶ to calculate the actual costs of crime to victims Calculating probabilities of victimization risk ▶ Studying victim culpability in the precipitation of crime ▶ Designing services for crime victims, such as counseling and compensation ▶ programs

Criminologists who study victimization have uncovered some startling results. For one thing, criminals have been found to be at greater risk of victimization than noncriminals.10 This finding indicates that rather than being passive targets who are “in the wrong place at the wrong time,” victims may themselves be engaging in a high-risk behavior, such as crime, that increases their victimization risk and renders them vulnerable to crime.

The various elements of the criminological enterprise are summarized in Concept Summary 1.1. ▶ Checkpoints

Fact or Fiction? Terrorists are disturbed, angry people, many of whom are psychopaths.

Fiction. Although many terrorists have experienced disturbed childhoods, most cannot be considered psychopaths suffering from a personality disturbance.

The following subareas constitute the discipline of criminology.

Criminal Statistics Gathering valid crime data. Devising new research methods; measuring crime patterns and trends.

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

Determining the origin of law. Measuring the forces that can change laws and society.

Theory Construction Predicting individual behavior. Understanding the cause of crime rates and trends.

Criminal Behavior Systems Determining the nature and cause of specific crime patterns. Studying violence, theft, organized crime, white-collar crime, and public order crimes.

Penology: Punishment, Sanctions, and Corrections

Studying the correction and control of criminal behavior. Using the scientific method to assess the effectiveness of criminal sanctions designed to control crime through the application of criminal punishments.

Victimology Studying the nature and cause of victimization. Aiding crime victims; understanding the nature and extent of victimization; developing theories of victimization risk.

Concept Summary 1.1 The Criminological Enterprise

penology Subarea of criminology that focuses on the correction and control of criminal offenders.

rehabilitation Treatment of criminal offenders that is aimed at preventing future criminal behavior.

capital punishment The execution of criminal offenders; the death penalty.

mandatory sentences A statutory requirement that a certain penalty shall be carried out in all cases of conviction for a specifi ed offense or series of offenses.

victimology The study of the victim’s role in criminal events.

9Chapter 1 Crime and Criminology

A Brief History of Criminology How did this field of study develop? What are the origins of criminology?

The scientific study of crime and criminality is a relatively recent development. During the Middle Ages (1200–1600), people who violated social norms or religious practices were believed to be witches or possessed by demons.11 The use of cruel torture to extract confessions was common. Those convicted of violent or theft crimes suffered extremely harsh penalties, including whipping, branding, maiming, and execution.

CLASSICAL CRIMINOLOGY By the mid-eighteenth century, social philosophers began to argue for a more rational approach to punishment. They sought to eliminate cruel public executions, which were designed to frighten people into obedience. Reformers stressed that the relationship between crime and punishment should be balanced and fair. This more moderate view of criminal sanctions can be traced to the writings of an Italian scholar, Cesare Beccaria (1738–1794), who was one of the first scholars to develop a systematic understanding of why people commit crime.

Beccaria believed in the concept of utilitarianism: In their behavior choices, peo- ple want to achieve pleasure and avoid pain. Crimes occur when the potential plea- sure and reward from illegal acts outweigh the likely pains of punishment. To deter crime, punishment must be sufficient—no more, no less—to counterbalance criminal gain. Beccaria’s famous theorem was that in order for punishment to be effective it must be public, prompt, necessary, the least possible in the given circumstances, pro- portionate, and dictated by law.12

The writings of Beccaria and his followers form the core of what today is referred to as classical criminology. As originally conceived in the eighteenth century, clas- sical criminology theory had several basic elements:

People have free will to choose criminal or lawful solutions to meet their needs ▶ or settle their problems. Crime is attractive when it promises great benefi ts with little effort. ▶

Criminologists have sought to reconcile the differences among various visions of crime by combining or integrating them into unifi ed but complex theories of criminality.

At their core, these integrated theories suggest that as people develop over the life course, a variety of factors—some social, others personal—shape their behavior patterns. These factors and their infl uence on human behavior are discussed in Chapter 9.

This engraving from the year 1555 shows witches being burned in Derneburg, Germany. In more primitive times, people who violated the law might be considered witches or demons or assumed to be possessed by the devil.

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Checkpoints Criminologists engage in a variety of professional tasks.

Those who work in criminal statis- tics create accurate measures of crime trends and patterns.

Some criminologists study the origins and sociology of law.

Theorists interested in criminal development seek insight into the causes of crime.

Some criminologists try to under- stand and describe patterns and trends in particular criminal behav- iors, such as serial murder or rape.

Penologists evaluate the criminal justice system.

Victimologists try to understand why some people become crime victims.

utilitarianism The view that people’s behavior is motivated by the pursuit of pleasure and the avoidance of pain.

classical criminology Theoretical perspective suggesting that (1) people have free will to choose criminal or conventional behaviors; (2) people choose to commit crime for reasons of greed or personal need; and (3) crime can be controlled only by the fear of criminal sanctions.

10 Part 1 Concepts of Crime, Law, and Criminology

Crime may be controlled by the fear of punishment. ▶ Punishment that is or is perceived to be severe, certain, and swift will deter ▶ criminal behavior.

This classical perspective influenced judicial philosophy, and sentences were geared to be proportionate to the seriousness of the crime. Executions were still widely used but gradually came to be employed for only the most serious crimes. The catchphrase was “Let the punishment fit the crime.”

POSITIVIST CRIMINOLOGY During the nineteenth century, a new vision of the world challenged the validity of classical theory and presented an innovative way of looking at the causes of crime. The scientific method was beginning to take hold in Europe and North America. Scientists were using careful observation and analysis of natural phenomena to explain how the world worked. New discoveries were being made in biology, astronomy, and chemis- try. If the scientific method could be applied to the study of nature, then why not use it to study human behavior?

Auguste Comte (1798–1857), considered the founder of sociology, argued that societies pass through stages that can be grouped on the basis of how people try to understand the world in which they live. People in primitive societies believe that inanimate objects have life (for example, the sun is a god); in later social stages, peo- ple embrace a rational, scientific view of the world. Comte called this the positive stage, and those who followed his writings became known as positivists.

Positivism has a number of elements:

Use of the ▶ scientifi c method to conduct research. The scientifi c method is objec- tive, universal, and culture-free. Predicting and explaining social phenomena in a logical manner. This means ▶ identifying necessary and suffi cient conditions under which a phenomenon may or may not occur. Empirical verifi cation. All beliefs or statements must be proved through empiri- ▶ cal investigation guided by the scientifi c method. Such concepts as “God” and the “soul” cannot be measured empirically and therefore are not the subject of scien- tifi c inquiry; they remain a matter of faith. Science must be value-free and should not be infl uenced by the observer/scien- ▶ tist’s biases or political point of view.

Early Criminological Positivism The earliest “scientific” studies examining human behavior now seem quaint and primitive. Physiognomists, such as J. K. Lavater (1741–1801), studied the facial features of criminals and found that the shape of the ears, nose, and eyes and the distances between them were associated with antisocial behavior. Phrenologists, such as Franz Joseph Gall (1758–1828) and Johann K. Spurz- heim (1776–1832), studied the shape of the skull and bumps on the head and con- cluded that these physical attributes were linked to criminal behavior. They believed that the size of a brain area could be determined by inspecting the contours of the skull and, further, that the relative size of brain areas could be increased or decreased through exercise and self-discipline.13 Although their techniques and theories are no longer applied or taken seriously, these efforts were an early attempt to use a scien- tific method to study human behaviors.

By the early nineteenth century, abnormality in the human mind was being linked to criminal behavior patterns. Phillipe Pinel, one of the founders of French psychia- try, coined the phrase manie sans delire to denote what eventually was referred to as a psychopathic personality.

In 1812 an American, Benjamin Rush, described patients with an “innate pre- ternatural moral depravity.”14 English physician Henry Maudsley (1835–1918) believed that insanity and criminal behavior were strongly linked.15 These early research efforts shifted attention to brain functioning and personality as the keys to criminal behavior.

positivism The branch of social science that uses the scientifi c method of the natural sciences and suggests that human behavior is a product of social, biological, psychological, or economic forces.

scientifi c method The use of verifi able principles and procedures for the systematic acquisition of knowledge. Typically involves formulating a problem, creating hypotheses, and collecting data, through observation and experiment, to verify the hypotheses.

Many of us have grown up with movies showing criminals as “homicidal maniacs.” Some may laugh, but Freddy vs. Jason was a big hit at the box offi ce. See Chapter 5 for more on psychosis as a cause of crime.

Fact or Fiction? Criminals and victims are two totally different types of people.

Fiction. Criminals themselves actually have a very high rate of victimization.

Fact or Fiction? The checks and balances in the U.S. court system prevent innocent people from (a) being convicted and (b) receiving the death penalty.

Fiction. There are many false convictions that are later overturned, and people on death row are more likely to be exonerated than the average inmate.

11Chapter 1 Crime and Criminology

Biological Determinism In Italy, Cesare Lombroso (1835–1909), known as the “father of criminology,” began to study the cadavers of executed crim- inals in an effort to determine scientifically how criminals differed from noncriminals. Lombroso was soon convinced that serious and violent of- fenders had inherited criminal traits. These “born criminals” suffered from “atavistic anomalies”; physically, they were throwbacks to more primitive times when people were savages and were believed to have the enor- mous jaws and strong canine teeth common to carnivores that devour raw flesh. Lombroso’s version of criminal anthropology was brought to the United States via articles and textbooks that adopted his ideas.16 By the beginning of the twentieth century, American authors were discuss- ing “the science of penology” and “the science of criminology.”17

Although Lombroso’s version of strict biological determinism is no longer taken seriously, some criminologists have recently linked crime and biological traits. Because they believe that social and environmental conditions also influence human behavior, the term biosocial theory has been coined to reflect the assumed link between physical and social traits and their influence on behavior.

SOCIOLOGICAL CRIMINOLOGY At the same time that biological views were dominating criminology, another group of positivists were developing the field of sociology to study scientifically the major social changes taking place in nineteenth-century society. The foundations of sociological criminology can be traced to the work of pioneering sociologists L. A. J. (Adolphe) Quetelet (1796– 1874) and (David) Émile Durkheim (1858–1917).18

Quetelet was a Belgian mathematician who (along with a Frenchman, Andre-Michel Guerry) used social statistics that were just being developed in Europe to investigate the influence of social factors on the propensity to commit crime. In addition to finding that age and sex had a strong influence on crime, Quetelet uncovered evidence that season, climate, population composition, and poverty were also related to criminality.19 He was one of the first criminologists to link crime rates to alcohol consumption.20

According to Durkheim’s vision of social positivism, crime is normal because it is virtually impossible to imagine a society in which criminal behavior is totally absent.21 Durkheim believed that crime is inevitable because people are so different from one another and use such a wide variety of methods and types of behavior to meet their needs. Even if “real” crimes were eliminated, human weaknesses and petty vices would be elevated to the status of crimes. Durkheim suggested that crime can be useful—and occasionally even healthful—for society in that it paves the way for social change. To illustrate this concept, Durkheim offered the example of the Greek philosopher Socrates, who was considered a criminal and was put to death for corrupting the morals of youth simply because he expressed ideas that were different from what people believed at that time.

In The Division of Labor in Society, Durkheim wrote about the consequences of the shift from a small, rural society, which he labeled “mechanical,” to the more modern “organic” society with a large urban population, division of labor, and personal isolation.22 From the resulting structural changes flowed anomie, or norm and role confusion. An anomic society is in chaos, experiencing moral uncertainty and an accompanying loss of tradi- tional values. People who suffer anomie may become confused and rebellious. Might the dawning of the “Internet age” create anomie in our own culture?

The Chicago School The primacy of sociological positivism was secured by research begun in the early twentieth century by Robert Ezra Park (1864–1944), Ernest W. Burgess (1886–1966), Louis Wirth (1897–1952), and their colleagues in the Sociology Department at the University of Chicago. The scholars who taught at this program created what is still referred to as the Chicago School in honor of their unique style of doing research.

Early positivists believed the shape of the skull was a key determinant of behavior. These drawings from the nineteenth century illustrate “typical” criminally shaped heads.

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biosocial theory Approach to criminology that focuses on the interaction between biological and social factors as they are related to crime.

sociological criminology Approach to criminology, based on the work of Quetelet and Durkheim, that focuses on the relationship between social factors and crime.

anomie A lack of norms or clear social standards. Because of rapidly shifting moral values, the individual has few guides to what is socially acceptable.

Chicago School Group of urban sociologists who studied the relationship between environmental conditions and crime.

12 Part 1 Concepts of Crime, Law, and Criminology

These urban sociologists examined how neighborhood conditions, such as poverty levels, influenced crime rates. They found that social forces operating in urban areas created a crime-promoting environment; some neighborhoods were “natural areas” for crime.23 In urban neighborhoods with high levels of poverty, the fabric of critical social institutions, such as the school and the family, came undone. Their traditional ability to control behavior was undermined, and the outcome was a high crime rate.

Chicago School sociologists argued that crime was not a function of personal traits or characteristics but, rather, a reaction to an environment that was inadequate for proper human relations and development. Thus, they challenged the widely held belief that criminals were biologically or psychologically impaired or morally inferior. Instead, crime was a social phenomenon and could be eradicated by improving social and economic conditions.

Socialization Views During the 1930s and 1940s, another group of sociologists began con- ducting research that linked criminal behavior to the quality of an individual’s relationship to important social processes, such as education, family life, and peer relations. They found that children who grew up in homes wracked by conflict, attended inadequate schools, or associated with deviant peers became exposed to forces that engendered crime. One position, championed by the preeminent American criminologist Edwin Sutherland, was that people learn criminal attitudes from older, more experienced law violators. Another view, developed by Chicago School sociologist Walter Reckless, was that crime occurs when children develop an inadequate self-image, which renders them incapable of con- trolling their own misbehavior. Both of these views linked criminality to the failure of socialization—the interactions people have with the various individuals, organizations, institutions, and processes of society that help them mature and develop.

CONFLICT CRIMINOLOGY While most criminologists of the late nineteenth and early twentieth centuries embraced either the ecological view (stemming from Durkheim’s theory) or the socialization view of crime, the writings of another social thinker, Karl Marx (1818–1883), had sown the seeds for a new approach in criminology.24

In his Communist Manifesto and other writings, Marx described the oppressive labor conditions prevalent during the rise of industrial capitalism. Marx was convinced that the character of every civilization is determined by its mode of production—the way its people develop and produce material goods. The most important relationship in industrial culture is between the owners of the means of production (the capitalist bourgeoisie) and the people who perform the labor (the proletariat). The economic system controls all facets of human life; consequently, people’s lives revolve around the means of production. The exploitation of the working class, Marx believed, would eventually lead to class conflict and the end of the capitalist system.