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
© R
eu te
rs /L
ui s
Ri ve
ra /L
an do
v
© A
P Im
ag es
/W ac
o Tr
ib un
e He
ra ld
, Je
rry L
ar so
n
Sociological Theory
Edwin Sutherland; Travis Hirschi; Edwin Lemert; Howard Becker
1930s to Present
Criminal behavior is a function of the interaction between individuals and society; criminality occurs as a result of group interaction and the socialization process.
Social Learning Theory; Differential Association Theory; Neutralization Theory; Social Control Theory; Labeling Theory; Social Reaction Theory
Socialization; peer relations; family relations; differential association; techniques of neutralization; self-concept; social bond; stigma; retro- spective reading; primary and secondary deviance
Social Structure Theory
Social Process Theory
Clifford R. Shaw & Henry D. McKay; Walter Miller; Albert Cohen; Richard Cloward & Lloyd Ohlin
1920s to Present
Social and economic forces are the key determinants of criminal behavior patterns. Crime is the result of an individual’s location within the structure of society.
Social Disorganization Theory; Strain Theory; Anomie Theory; Institutional Anomie; General Strain Theory (GST); Cultural Deviance Theory; Theory of Delinquent Subcultures; Theory of Differential Opportunity
Poverty; transitional neighbor- hoods; concentric zones; subcul- ture; cultural transmission; social ecology; collective efficacy; relative deprivation; anomie; conduct norms; focal concerns; differential opportunity
Developmental Theory
Life Course Latent Trait
Multifactor Theory Sheldon & Eleanor Glueck; John Laub & Robert Sampson
1930s to Present
As people go through the life course, social and personal traits undergo change and influence behavior.
Social Development Model; Interactional Theory; General Theory of Crime and Delin- quency; Age-Graded Theory
Problem behavior syndrome; pathways to crime; turning points; social capital
James Q. Wilson & Richard Herrnstein; Travis Hirschi & Michael Gottfredson
1980s to Present
A master trait that controls human development inter- acts with criminal opportunity.
General Theory of Crime (GTC); Integrated Cognitive Antisocial Potential (ICAP) Theory; Differential Coercion Theory; Control Balance Theory
Impulsive personality; low self-control; latent traits
Critical Theory
Willem Bonger; Ralf Dahrendorf; George Vold; Karl Marx
1960s to Present
Inequality between social classes (groups) results in condi- tions that empower the wealthy and disenfranchise the less fortunate; these are the root causes of crime. It is the ongo- ing struggle for power, control, and material well-being that produces crime.
Critical Criminology; Instru- mental Theory; Structural Theory; Left-Realism; Critical Feminism Power-Control Theory; Peacemaking Criminology
Power; social conflict; marginal- ization; capitalism; social class; globalization; left realism; exploitation; patriarchy; restor- ative justice; social justice; rein- tegrative shaming; restoration
Marxist/Conflict Theory
© A
P Im
ag es
/A tla
nt a
Jo ur
na l-C
on st
itu tio
n, C
ur tis
C om
pt on
FOURTH EDITION
Criminology The Core
LARRY J. SIEGEL University of Massachusetts, Lowell
Australia • Brazil • Japan • Korea • Mexico • Singapore • Spain • United Kingdom • United States
© 2011, 2008 Wadsworth, Cengage Learning
ALL RIGHTS RESERVED. No part of this work covered by the copyright herein may be reproduced, transmitted, stored, or used in any form or by any means graphic, electronic, or mechanical, including but not limited to photocopying, recording, scanning, digitizing, taping, Web distribution, information networks, or information storage and retrieval systems, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without the prior written permission of the publisher.
Library of Congress Control Number: 2009940270
ISBN-13: 978-0-495-80983-8
ISBN-10: 0-495-80983-7
Wadsworth 20 Davis Drive Belmont, CA 94002 USA
Cengage Learning is a leading provider of customized learning solutions with offi ce locations around the globe, including Singapore, the United K ingdom, Australia, Mexico, Brazil, and Japan. Locate your local offi ce at www.cengage.com/global.
Cengage Learning products are represented in Canada by Nelson Education, Ltd.
To learn more about Wadsworth, visit www.cengage.com/wadsworth
Purchase any of our products at your local college store or at our preferred online store www.CengageBrain.com.
Criminology: The Core, Fourth Edition Larry J. Siegel
Senior Publisher: Linda Schreiber-Ganster
Senior Acquisitions Editor: Carolyn Henderson Meier
Senior Developmental Editor: Shelley Murphy
Assistant Editor: Megan Power
Editorial Assistant: John Chell
Media Editor: Ting Jian Yap
Senior Marketing Manager: Michelle Williams
Marketing Assistant: Jillian Myers
Senior Marketing Communications Manager: Tami Strang
Content Project Manager: Christy Frame
Creative Director: Rob Hugel
Senior Art Director: Maria Epes
Print Buyer: Paula Vang
Rights Acquisitions Account Manager, Text: Bob Kauser
Rights Acquisitions Account Manager, Images: Robyn Young and Bill Jentzen
Production Service: Aaron Downey, Matrix Productions Inc.
Photo Editor/Researcher: Linda L Rill
Copy Editor: Connie Day
Cover Designer: Riezebos Holzbaur/Tim Heraldo
Cover Illustration: Noah Woods
Compositor: Pre-Press PMG
For product information and technology assistance, contact us at Cengage Learning Customer & Sales Support, 1-800-354-9706.
For permission to use material from this text or product, submit all requests online at www.cengage.com/permissions.
Further permissions questions can be e-mailed to permissionrequest@cengage.com.
Printed in the United States of America 1 2 3 4 5 6 7 14 13 12 11 10
www.cengage.com/global
www.cengage.com/wadsworth
www.CengageBrain.com
www.cengage.com/permissions
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
This page intentionally left blank
vii
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
© R
eu te
rs /P
au l S
ak um
a/ Po
ol /L
an do
v
viii Contents
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
© A
P Im
ag es
/A th
en s B
an ne
r-H er
al d,
Ri
ch ar
d Ha
m m
. I ns
et : C
ou rte
sy a
nd b
y pe
rm is
si on
o f t
he O
ffi ce
o f M
ar ke
tin g
an d
Co m
m un
ic at
io ns
, T er
ry C
ol le
ge o
f Bu
si ne
ss , T
he U
ni ve
rs ity
o f G
eo rg
ia
© A
P Im
ag es
/T in
a Fi
ne be
rg
Contents ix
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
© R
eu te
rs /J
ef f Z
el ev
an sk
y/ La
nd ov
© A
P Im
ag es
/A m
y Ca
rc et
ta
© R
eu te
rs /L
ui s
Ri ve
ra /L
an do
v
x Contents
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
© A
P Im
ag es
/G re
go ry
S m
ith
© R
eu te
rs /S
TR /L
an do
v ©
C or
bi s
xiContents
Profiles in Crime The Xbox Killers 231
Theories of the Criminal Life Course 232
Sampson and Laub’s Age-Graded Theory 233
Current Issues in Crime Love, Sex, Marriage, and Crime 236
Latent Trait Theories 236
Onset and Persistence of Crime 237
Current Issues in Crime Tracking Down The 500 Delinquent Boys 238
Crime and Human Nature 239
Part 3 Crime Typologies
General Theory of Crime 241
Analyzing the General Theory of Crime 243
Critiquing the General Theory of Crime 244
Current Issues in Crime Self-Control and Drug Dealing 247
Public Policy Implications of Developmental Theory 248
Thinking Like a Criminologist 249
Summary 249
Key Terms 250
Critical Thinking Questions 251
Chapter 10
Violent Crime: Personal and Political 253 Causes of Violence 254
Personal Traits 255
Ineffective Families 255
Evolutionary Factors/Human Instinct 255
Exposure to Violence 256
Substance Abuse 256
Firearm Availability 257
Cultural Values 257
National Values 257
Race, Culture, Gender, and Criminology The Honor Killing of Women and Girls 258
Forcible Rape 259
Incidence of Rape 260
Types of Rapists 260
Types of Rape 261
Causes of Rape 262
Rape and the Law 263
Murder and Homicide 265
Degrees of Murder 265
Nature and Extent of Murder 266
Murderous Relations 267
Serial Killers, Mass Murderers, and Spree Killers 270
Assault and Battery 272
Nature and Extent of Assault 272
Domestic Violence: Assault in the Home 272
Robbery 275
The Armed Robber 276
Acquaintance Robbery 276
Emerging Forms of Interpersonal Violence 277
Hate Crimes 277
Workplace Violence 280
Stalking 280
Political Violence and Terrorism 281
Contemporary Forms of Terrorism 281
What Motivates Terrorists and Terrorism? 285
Profiles in Crime Azzam the American 286
Thinking Like A Criminologist 287 Responses to Political Violence and Terrorism 288
Summary 289
Key Terms 290
Critical Thinking Questions 290
Chapter 11
Property Crimes 293 History of Theft 294
Contemporary Thieves 295
Occasional Thieves 295
Professional Thieves 295
Larceny/Theft 296
Common Larceny/Theft Offenses 297
Shoplifting 297
Profiles in Crime Invasion of the Body Snatchers 298
Credit Card Theft 300
Auto Theft 300
Bad Checks 303
False Pretenses/Fraud 303
Receiving and Fencing Stolen Property 305
Embezzlement 305© A
P Im
ag es
/W al
ly S
an ta
na
xii Contents
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
© A
P Im
ag es
/L AP
D
© J
ay D
ire ct
o/ AF
P/ Ge
tty Im
ag es
xiii
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
© T
im ot
hy A
. C la
ry /A
FP /G
et ty
Im ag
es ©
M ar
k W
ils on
/G et
ty Im
ag es
xiv
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.