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Criminology The Core 7th Edition Larry J. Siegel PDF Download

The document provides links to various criminology textbooks authored by Larry J. Siegel, including 'Criminology: The Core' 7th Edition and others. It also outlines a timeline of criminological theories, detailing the origins and contemporary theories in criminology. The content is published by Cengage Learning and is protected by copyright.

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160 views74 pages

Criminology The Core 7th Edition Larry J. Siegel PDF Download

The document provides links to various criminology textbooks authored by Larry J. Siegel, including 'Criminology: The Core' 7th Edition and others. It also outlines a timeline of criminological theories, detailing the origins and contemporary theories in criminology. The content is published by Cengage Learning and is protected by copyright.

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Timeline of Criminological Theories
Beccaria Kant Brockway Mabbott
ORIGIN
On Crimes and Punishment (1764) Philosophy The American Punishment
Classical Theory of Law (1887) Reformatory (1910) (1939)

Bentham Bentham
CONTEMPORARY THEORY Moral Calculus (1789) The Rationale
Rational Choice Theory (p.92) of Punishment (1830)

Gall Lombroso Garofalo Kretschmer Hooton


ORIGIN
Cranioscopy/Phrenology Criminal Man Criminology Physique and American
Positivist Theory (1800) (1863) (1885) Character (1921) Criminal (1939)

Dugdale Ferri Goring


CONTEMPORARY THEORY The Jukes Criminal The English Convict (1913)
Biological Trait Theory (p.129) (1877) Sociology (1884)

Maudsley Tarde Freud


ORIGIN
Pathology of Mind Penal General Introduction
Positivist Theory (1867) Philosophy to Psychoanalysis
(1912) (1920)
CONTEMPORARY THEORY Pinel Healy
Psychological Trait Theory (p.136)
Treatise on Insanity (1800) The Individual Deliquent (1915)

ORIGIN Marx Bonger Rusche & Kircheimer


Communist Manifesto (1848)
Criminality and Punishment and Social
Marxist Theory Economic Structure (1939)
Conditions (1916)
CONTEMPORARY THEORY
Critical Criminology (p.232)

Quetelet Durkheim Park, Burgess, Merton


ORIGIN
The Propensity The Division of & McKenzie Social Structure
Sociological Theory of Crime (1831) Labor in Society The City (1925) and Anomi (1938)
(1893) Shaw et al. (1925)
Delinquency Areas Sellin
CONTEMPORARY THEORY
Thrasher Culture, Conflict
Social Structure Theory (p.158) The Gang (1926) and Crime (1938)

Mead Sutherland
ORIGIN
The Psychology Principles of
Sociological Theory of Punitive Justice Criminology
(1917) (1939)
CONTEMPORARY THEORY Sutherland Sutherland
Criminology (1924) The Professional
Social Process Theory (p.194) Thief (1937)

Glueck & Glueck


ORIGIN
500 Criminal Careers
Multifactor/Integrated Theory (1930)

CONTEMPORARY THEORY
Life Course Theory (p.268)

ORIGIN
Multifactor/Integrated Theory

CONTEMPORARY THEORY
Propensity Theory (p.276)

1775 1800 1825 1850 1875 1900 1925 1939


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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
Timeline of Criminological Theories (continued)
Andenaes Martinson Cohen & Felson Clarke Lott Felson Steffensmeier & Ulmer Simon Petrossian & Clarke
General Preventive Effects What Works (1974) Routine Activities (1979) Situational Crime Prevention (1992) More Guns, Less Crime (2000) Crime and Everyday Life Confessions of a Dying Thief: Understanding Governing Through Crime (2010) “The CRAVED Theft Model” (2014)
of Punishment (1966) (2002) Criminal Careers and Illegal Enterprise (2005)

Packer Newman J. Q. Wilson Katz Levitt


The Limits of Criminal Defensible Thinking About Crime (1975) Seductions of Crime (1988) Understanding Why
Sanction (1968) Space (1973) Crime Fell in the 1990s (2004)

Montagu Jeffery E. O. Wilson Mednick & Volavka Rowe Harris Ellis & Hoskin
Man and Crime Sociobiology (1975) Biology and Crime (1980) The Limits of The Nurture “Criminality and the 2D:4D Ratio: Testing
Aggression Prevention Family Influence
Assumption (1998) the Prenatal Androgen Hypothesis” (2015)
(1968) (1971) (1995)
Schoenthaler Friedman Beaver Wright & Cullen Barnes & Jacobs
Sheldon Dalton Ellis Intelligence, Academic Performance, “Violence and Mental Biosocial Criminology (2009) “The Future of Biosocial “Genetic Risk for Violent
Varieties of Delinquent Youth (1949) The Premenstrual Syndrome (1971) Evolutionary Sociobiology (1989) and Brain Function (2000) Illness” (2006) Criminology” (2012) Behavior” (2013)

Friedlander Eysenck Bandura Hirschi & Hindelang Henggeler Moffitt Wilson & Daly
Psychoanalytic Crime and Aggression (1973) Intelligence and Delinquency in Neuropsychology Evolutionary Psychology
Approach to Personality (1964) Delinquency (1977) Adolescence (1989) of Crime (1992) (1997)
Delinquency (1947)
Murray & Herrnstein Bushman & Anderson Dorn, Volavka &
The Bell Curve (1994) Media Violence (2001) Johnson “Mental Disorder
and Violence” (2012)

Vold Chambliss & Seidman Lea & Young Hagan Braithwaite Zehr & Mika Sullivan & Tifft Western
Theoretical Criminology Law, Order and Power (1971) Left Realism (1984) Structural Criminology (1989) Crime, Shame, and Fundamental Concepts of Restorative Justice (2001) Punishment and Inequality in America (2010)
(1958) Reintegration (1989) Restorative Justice (1998)

Dahrendorf Taylor, Walton, & Young Daly & Chesney-Lind Quinney & Pepinsky Barak & Henry Hagan and Wymond-Richmond Chesney-Lind & Morash
Class and Class Conflict The New Criminology Feminist Theory Criminology as An Integrative-Constitutive Darfur and the Crime of Genocide (2009) “Transformative Feminist Criminology” (2013)
in Industrial Society (1959) (1973) (1988) Peacemaking (1991) Theory of Crime (1999)

Cloward & Ohlin Kornhauser Wilson Agnew Courtwright Anderson


Delinquency and Opportunity Social Sources The Truly General Strain Theory Violent Land (1996) Code of the Street
(1960) of Delinquency (1978) Disadvantaged (1987) (1992) (1999)

Lewis Blau & Blau Messner & Rosenfeld LaFree Sampson & Raudenbush LeBlanc Wilson & Taub There Goes the Neighborhood: Wilson
The Culture of Poverty (1966) The Cost of Inequality (1982) Crime and the American Losing Legitimacy Disorder in Urban Neighborhoods— Random Family: Love, Drugs, Trouble, Racial, Ethnic, and Class Tensions in Four Chicago More Than Just Race (2009)
Dream (1994) (1998) Does It Lead to Crime? (2001) and Coming of Age in the Bronx (2003) Neighborhoods and Their Meaning for America (2006)

Lemert Hirschi Schur Akers Kaplan Akers Topalli “When Being Good Conger
Social Causes of Labeling Deviant Deviant Behavior (1977) General Theory Social Learning and Is Bad: An Expansion of “Family Functioning and Crime” (2014)
Pathology (1951) Delinquency (1969) Behavior (1972) of Deviance (1992) Social Structure (1998) Neutralization Theory” (2005)

Becker Heimer & Matsueda Maruna


Outsiders (1963) Differential Social Control (1994) Making Good: How Ex-convicts
Reform and Rebuild Their Lives (2001)

Glueck & Glueck West & Farrington Thornberry Sampson & Laub Loeber Conger
Unraveling Juvenile Delinquency Delinquent Way of Life Interactional Crime in the Making (1993) Pathways to Delinquency Long-term Consequences of Economic
(1950) (1977) Theory (1987) (1998) Hardship on Romantic Relationships (2015)

Weis Moffitt Laub & Sampson Agnew Larson & Sweeten Bersani & Doherty
Social Development Adolescence-Limited and Life-Course Shared Beginnings, Divergent Why Do Criminals Offend? “Breaking Up Is “When the Ties That
Theory (1981) Persistent Antisocial Behavior (1995) Lives (2003) (2005) Hard to Do” (2012) Bind Unwind” (2013)

Hathaway & Monachesi Wolfgang, Figlio, & Sellin Wilson & Herrnstein Tittle Colvin Farrington Zimmerman, Botchkovar,
Analyzing and Predicting Delinquency in Birth Cohorts Crime and Human Control Balance: Toward a General Crime and Coercion (2000) “Developmental and Life-Course Antonaccio, & Hughes “Low Self-
Juvenile Delinquency (1972) Nature (1985) Theory of Deviance (1995) Criminology” (2003) Control in ‘Bad’ Neighborhoods” (2015)
with the MMPI (1953)
Eysenck Gottfredson & Hirschi Piquero, Farrington, Boutwell, Barnes, Deaton, &
Crime and Personality General Theory of Crime (1990) Nagin, & Moffitt Beaver “On the Evolutionary Origins of
(1964) Trajectories of Offending (2010) Life-course Persistent Offending” (2013)

1947 1969 1975 1980 1991 1995 1997 1998 2000 2001 2002 2003 2004 2005 2010 2016
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7
EDITION

CRIMINOLOGY
THE CORE

Larry J. Siegel
University of Massachusetts, Lowell

Australia ● Brazil ● Mexico ● Singapore ● United Kingdom ● United States

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This is an electronic version of the print textbook. Due to electronic rights restrictions,
some third party content may be suppressed. Editorial review has deemed that any suppressed
content does not materially affect the overall learning experience. The publisher reserves the right
to remove content from this title at any time if subsequent rights restrictions require it. For
valuable information on pricing, previous editions, changes to current editions, and alternate
formats, please visit www.cengage.com/highered to search by ISBN#, author, title, or keyword for
materials in your areas of interest.

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text may not be available in the eBook version.

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Criminology: The Core,
Larry J. Siegel

Meier

requests online at

Cengage

USA

Printed in the United States of America


Print Number: 01 Print Year: 2017

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This book is dedicated to
my children, Eric, Julie, Rachel, and Andrew;
my grandchildren, Jack, Brooke, and Kayla Jean;
my sons-in-law, Jason Macy and Patrick Stephens;
and my wife, partner, and best friend, Therese J. Libby.
L. J. S.

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ABOUT THE AUTHOR
LARRY J. SIEGEL was born in the Bronx. While liv-
ing 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
Therese J. Libby and Larry J. Siegel society shape people? He applied his interest in social
forces and human behavior to the study of crime and
justice. Graduating from college in 1968, he was accepted into the
first class of the newly opened program in criminal justice at the
State University of New York at Albany, where he earned both
his MA and PhD degrees. Dr. Siegel began his teaching career at
Northeastern University, where he was a faculty member for nine
years. He also held teaching positions at the University of Nebraska–
Omaha and Saint Anselm College in New Hampshire before being
appointed a full professor in the School of Criminology and Jus-
tice Studies at the University of Massachusetts, Lowell. Dr. Siegel
retired from full-time classroom teaching in 2015 and now teaches
exclusively online. He has written extensively in the area of crime
and justice, including books on juvenile law, delinquency, criminol-
ogy, criminal justice, corrections, and criminal procedure. He is a
court-certified expert on police conduct and has testified in numer-
ous legal cases. The father of four and grandfather of three, Larry
Siegel and his wife, Terry, now reside in Naples, Florida, with their
two dogs, Watson and Cody.

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Brief Contents

PART 1 Concepts of Crime, Law, and Criminology


Chapter 1 Crime and Criminology 2
Chapter 2 The Nature and Extent of Crime 30
Chapter 3 Victims and Victimization 64

PART 2 Theories of Crime Causation


Chapter 4 Rational Choice Theory 98
Chapter 5 Trait Theory 132
Chapter 6 Social Structure Theory 170
Chapter 7 Social Process Theory 210
Chapter 8 Social Conflict, Critical Criminology, and Restorative
Justice 248
Chapter 9 Developmental Theories: Life Course, Propensity,
and Trajectory 284

PART 3 Crime Typologies


Chapter 10 Violent Crime 318
Chapter 11 Political Crime and Terrorism 366
Chapter 12 Economic Crimes: Blue-Collar, White-Collar,
and Green-Collar 404
Chapter 13 Public Order Crimes 444
Chapter 14 Crimes of the New Millennium: Cybercrime and Transnational
Organized Crime 488

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
Contents

Preface xv Profiles in Crime


A SHOOTING IN FERGUSON 16

PART 1 A Definition of Crime 17

Criminology and the Criminal Law 17


Concepts of Crime, Law, Common Law 18
and Criminology Contemporary Criminal Law 18
The Evolution of Criminal Law 19

CHAPTER 1 Criminology and Criminal Justice


The Criminal Justice System 20
19

The Process of Justice 21


Joe Raedle/Getty Images News/

Policies and Issues in Criminology


HATE CRIME IN GEORGIA 23
Getty Images

Ethical Issues in Criminology 24

Crime and Criminology 2 CHAPTER 2

Christian Poveda/Agence VU/Redux


What Criminologists Do: The Elements
of Criminology 4
Criminal Statistics/Crime Measurement 4
Sociology of Law/Law and Society/Sociolegal Studies 5
Developing Theories of Crime Causation 6
Explaining Criminal Behavior 7
Penology: Punishment, Sanctions, and Corrections
Victimology 8
7
The Nature and Extent
of Crime 30
A Brief History of Criminology 8
Classical Criminology 9 Primary Sources of Crime Data 32
Positivist Criminology 9 Official Records: The Uniform Crime Report 32
Sociological Criminology 10 NIBRS: The Future of the Uniform Crime Report 35
Conflict Criminology 11 Survey Research 35
Developmental Criminology 12 The National Crime Victimization Survey (NCVS) 35
Contemporary Criminology 12 Self-Report Surveys 36
Evaluating Crime Data 38
Deviant or Criminal? How Criminologists
Define Crime 13 Crime Trends 39
Becoming Deviant 14 Contemporary Trends 40
The Concept of Crime 15 Trends in Victimization 41

vii

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viii CONTENTS

Policies and Issues in Criminology Victims and Their Criminals 78


INTERNATIONAL CRIME TRENDS 42
Theories of Victimization 78
Policies and Issues in Criminology Victim Precipitation Theory 78
EXPLAINING TRENDS IN CRIME RATES 44
Lifestyle Theories 79
What the Future Holds 46 Deviant Place Theory 81
Policies and Issues in Criminology Routine Activities Theory 82
ARE IMMIGRANTS CRIME PRONE? 47
Caring for the Victim 84
Crime Patterns 48 Victim Service Programs 85
Place, Time, Season, Climate 48 Victims’ Rights 89
Co-Offending and Crime 49 Victim Advocates 89
Gender and Crime 49 Self-Protection 89
Race and Crime 51
Use of Firearms
Social Class and Crime
52
53
PART 2
Unemployment and Crime 54 Theories of Crime Causation
Age and Crime 54

Chronic Offenders/Criminal Careers 55 CHAPTER 4


What Causes Chronicity? 56
Implications of the Chronic Offender Concept 56

Thomas Barwick/DigitalVision/
CHAPTER 3

Getty Images
Rational Choice Theory 98
AP Images/Jim Cole

Development of Rational Choice


Theory 100
Victims and Victimization 64 Concepts of Rational Choice 101
Evaluating the Risks of Crime 101
The Victim’s Role 66 Offense-Specific/Offender-Specific 102
Structuring Criminality 103
The Costs of Victimization 66
Structuring Crime 104
Societal-Level Costs 66
Individual-Level Costs 67 Is Crime Truly Rational? 106
Legal Costs of Victimization 69 Is Drug Use Rational? 106
Policies and Issues in Criminology Profiles in Crime
THE IMPACT OF WRONGFUL CONVICTIONS ON PLANNING TO STEAL 107
CRIME VICTIMS 70
Is Violence Rational? 108
The Nature of Victimization 72 Is Hate Crime Rational? 108
The Social Ecology of Victimization 72 Is Sex Crime Rational? 109
The Victim’s Household 73 Analyzing Rational Choice Theory 109
Victim Characteristics 73
Situational Crime Prevention 110
Policies and Issues in Criminology
Crime Prevention Strategies 111
ELDER VICTIMS 74
Evaluating Situational Crime Prevention 113

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
CONTENTS ix

General Deterrence 114 Personality and Crime 150


Perception and Deterrence 114
Policies and Issues in Criminology
Marginal and Restrictive Deterrence 114 CRIMINAL SUSCEPTIBILITY 151
Punishment and Deterrence 115
Psychopathic/Antisocial Personality 151
Policies and Issues in Criminology
DOES THE DEATH PENALTY DISCOURAGE
Profiles in Crime
MURDER? 116 THE ICEMAN: A TRUE SOCIOPATH 153

Evaluating General Deterrence 118 Intelligence and Criminality 154


Specific Deterrence 119 Mental Disorders and Crime 155
Toughen Punishment? 119 Crime and Mental Illness 155

Incapacitation 120 Profiles in Crime


ADAM LANZA AND THE NEWTOWN MASSACRE 157
Policies and Issues in Criminology
RACIAL DISPARITY IN STATE PRISONS 122 Evaluation of Trait Theory 157
Criminal Justice and Rational Social Policy and Trait Theory 158
Choice Theory 123
Policy and Issues in Criminology
Police and Rational Choice Theory 123 COGNITIVE BEHAVIORAL THERAPY 159
Courts, Sentencing, and Rational Choice Theory 123
Corrections and Rational Choice Theory 124
CHAPTER 6
CHAPTER 5

AP Images/Steven Senne
AP Images/Michael Sullivan/
News-Review

Social Structure Theory 170


Trait Theory 132 Economic Structure and American Society 172
Living in Poverty 172
Development of Trait Theory 134 Child Poverty 173

Contemporary Trait Theory 135 Minority Group Poverty 173

Individual Vulnerability vs. Differential Problems of the Lower Class 174


Susceptibility 136 Social Structure and Crime 175

Biological Trait Theories 136 Policies and Issues in Criminology


LABOR’S LOVE LOST 176
Biochemical Conditions and Crime 137
Neurophysiological Conditions and Crime 139 Social Structure Theories 177
Genetics and Crime 142
Evolutionary Views of Crime 143 Social Disorganization Theory 177
The Work of Shaw and McKay 178
Psychological Trait View 144 The Social Ecology School 180
The Psychodynamic Perspective 145 Collective Efficacy 183
The Behavioral Perspective: Social Learning Theory 145
Strain Theories 186
Policies and Issues in Criminology
VIOLENT MEDIA/VIOLENT BEHAVIOR? 146 Theory of Anomie 186
Institutional Anomie Theory 187
Cognitive Theory 149
Relative Deprivation Theory 188
General Strain Theory (GST) 189

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
x CONTENTS

Cultural Deviance Theory 192 Long-Term Effects of Labeling 234


Focal Concerns 192 Is Labeling Theory Valid? 235

Policies and Issues in Criminology Social Process Theory and Public Policy 236
THE CODE OF THE STREETS 194

Theory of Delinquent Subculture 195 CHAPTER 8


Theory of Differential Opportunity 197

Social Structure Theory and Public Policy 198


Broken Windows 199

Anik Rahman/Redux
CHAPTER 7
Social Conflict, Critical
Gabrielle Lurie/AFP/Getty Images

Criminology, and Restorative


Justice 248
Origins of Critical Criminology 250
Critical Criminology in the United States 252
Social Process Theory 210 Contemporary Critical Criminology 253

Institutions of Socialization 213 How Critical Criminologists


Define Crime 253
Family Relations 213
Educational Experience 215 How Critical Criminologists View the Cause
Peer Relations 216 of Crime 254
Religion and Belief 217 Failing Social Institutions 255
Globalization 255
Social Learning Theories 218
State-Organized Crime 257
Differential Association Theory 218
Policies and Issues in Criminology
Profiles in Crime ARE WRONGFUL CONVICTIONS A STATE
THE AFFLUENZA CASE 221 CRIME? 260
Differential Reinforcement Theory 222
Instrumental vs. Structural Theory 261
Neutralization Theory 222
Instrumental Theory 261
Policies and Issues in Criminology
Profiles in Crime
WHITE-COLLAR NEUTRALIZATION 225
RUSSIAN STATE-ORGANIZED CRIME 262
Evaluating Learning Theories 226
Structural Theory 263
Social Control Theory 226
Research on Critical Criminology 263
Hirschi’s Social Control Theory 226
Race and Justice 263
Testing Social Control Theory: Supportive Research 228
Critiquing Social Control Theory 229 Alternative Views of Critical Theory 264
Left Realism 264
Social Reaction (Labeling) Theory 230
Consequences of Labeling 231 Policies and Issues in Criminology
LEFT REALISM AND TERROR 265
Primary and Secondary Deviance 233
Criminal Careers 233 Critical Feminist Theory: Gendered Criminology 266
Differential Enforcement 234 Power–Control Theory 269
Peacemaking Criminology 270

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CONTENTS xi

Critical Theory and Public Policy: Restorative


Justice 271 PART 3
The Concept of Restorative Justice 271 Crime Typologies
Reintegrative Shaming 272
The Process of Restoration 273
The Challenge of Restorative Justice 276 CHAPTER 10
CHAPTER 9

AP Images/Grace Beahm
Connecticut Department of Correction
Service/Getty Images; AP Images/
Hartford Courant/Tribune News

Violent Crime 318


Causes of Violence 320
Developmental Theories: Personal Traits 320
Life Course, Propensity, Child Abuse and Neglect 321
and Trajectory 284 Human Instinct 321

Policies and Issues in Criminology


Foundations of Developmental Theory 286 VIOLENCE AND HUMAN NATURE 322
Three Views of Criminal Career Development 287
Exposure to Violence 323
Population Heterogeneity vs. State Dependence 288
Substance Abuse 323
Life Course Theory 289 Firearm Availability 323
Age of Onset 290 Cultural Values 324
Problem Behavior Syndrome 291 National Values 324
Continuity of Crime 291
Policies and Issues in Criminology
Age-Graded Theory 292 AMERICAN CULTURE AND HOMICIDE 325
Policies and Issues in Criminology Rape 325
HUMAN AGENCY, PERSONAL ASSESSMENT, CRIME,
AND DESISTANCE 296 Incidence of Rape 326
Patterns of Rape and Sexual Assault 327
Social Schematic Theory (SST) 297
Types of Rapists 327
Policies and Issues in Criminology Types of Rape 328
SHARED BEGINNINGS, DIVERGENT LIVES 298
Causes of Rape 331
Latent Trait/Propensity Theory 300 Rape and the Law 332
Crime and Human Nature 300
Murder and Homicide 334
General Theory of Crime (GTC) 301
Degrees of Murder 335
Trajectory Theory 304 Nature and Extent of Murder 336
Age and Offending Trajectories 304 Murderous Relations 336
Personality and Offending Trajectories 305 Policies and Issues in Criminology
Chronic Offenders and Non-offenders 305 HONOR KILLINGS 338
Pathways to Crime 306
Serial Killers, Mass Murderers, and Spree
Adolescent-Limited and Life Course Persistent Killers 340
Offenders 306
Policies and Issues in Criminology
Public Policy Implications of Developmental MASS SHOOTERS: WHY DO SOME LIVE AND WHY
Theory 308 DO SOME DIE? 344

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xii CONTENTS

Assault and Battery 345 Policies and Issues in Criminology


Nature and Extent of Assault 345 THE ISLAMIC STATE 386
Acquaintance and Family Assaults 345 State-Sponsored Terrorism 387
Dating Violence 347 Lone Actor Terrorists 388

Robbery 347 What Motivates the Terrorist? 389


Robbers in Action 348 Psychological View 389
Choosing Targets 348 Alienation View 390
Family Conflict View 390
Contemporary Forms of Interpersonal Violence 350
Political View 391
Hate Crimes 350
Socialization/Friendship View 391
Workplace Violence 352
Ideological View 391
Stalking 353
Explaining State-Sponsored Terrorism 392

CHAPTER 11 Extent of the Terrorism Threat 392

Criminal Justice Response to Terrorism 393


Combating Terrorism with Law Enforcement 393
AP Images/Markus Schreiber

Combating Terrorism with the Law 396


Combating Terrorism with Politics 398

CHAPTER 12

AP Images/Darron Cummings; Florida


Political Crime and
Terrorism 366

Department of Corrections
Political Crime 369
Profiles in Crime
EDWARD SNOWDEN 370

The Nature of Political Crimes 370 Economic Crimes: Blue-


Becoming a Political Criminal 371
Collar, White-Collar, and
Types of Political Crimes 372 Green-Collar 404
Election Fraud 372
Abuse of Office/Public Corruption 374 History of Economic Crimes 406
Treason 374 Development of White-Collar and Green-Collar Crime 407
Espionage 375
Blue-Collar Crimes and Criminals 408
State Political Crime 377
Larceny 408
Terrorism 378 Burglary 413
Defining Terrorism 378 Arson 414
Terrorist and Guerilla 379
White-Collar Crime 415
Terrorist and Insurgent 380
Business Frauds and Swindles 416
Terrorist and Revolutionary 380
Profiles in Crime
A Brief History of Terrorism 381 FERTILITY FRAUD 417

Contemporary Forms of Terrorism 382 Chiseling 418


Political Terrorism 382 Exploitation 418
Revolutionary Terrorism 384 Influence Peddling 419
Nationalist Terrorism 384 Employee Fraud and Embezzlement 421
Retributive Terrorism 385 Client Fraud 422
Corporate Crime 423

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CONTENTS xiii

Green-Collar Crime 425 Pornography 461


Defining Green-Collar Crime 425 Is Pornography Harmful? 462
Forms of Green Crime 426 Does Viewing Pornography Cause Violence? 462
Pornography and the Law 463
Policies and Issues in Criminology
THE DEEPWATER HORIZON 430
Substance Abuse 464
Theories of White-Collar and Green-Collar When Did Drug Use Begin? 465
Crime 431 Alcohol and Its Prohibition 465
Rational Choice: Greed 431 Extent of Substance Abuse 466
Rational Choice: Need 431 Causes of Substance Abuse 467
Rationalization/Neutralization View 432 Policies and Issues in Criminology
Cultural View 432 THE OPIOID EPIDEMIC 468
Self-Control View 432
Policies and Issues in Criminology
Controlling White-Collar and Green-Collar SUBSTANCE ABUSE AND PSYCHOSIS 469
Crime 433 Substance Abuse and Crime 471
Environmental Laws 433 Drugs and the Law 472
Enforcing the Law 434 Drug Control Strategies 473
Deterrence vs. Compliance 435 Legalization of Drugs 478

CHAPTER 13 CHAPTER 14

Isabel Pavia/Moment/Getty Images


John Lamb/Shellys/DigitalVision/
Getty Images

Public Order Crimes 444 Crimes of the New Millennium:


Cybercrime and Transnational
Law and Morality 446 Organized Crime 488
Are Victimless Crimes Victimless? 447
Contemporary Cybercrime 490
The Theory of Social Harm 448
Moral Crusaders and Moral Crusades 449 Cybertheft: Cybercrimes for Profit 491
Theft from ATMs 491
Sex-Related Offenses 450
Distributing Illicit or Illegal Services and Material 492
Paraphilias 451 Distributing Dangerous Drugs 493
Pedophilia 451
Profiles in Crime
THE LOST BOY CASE 494
Prostitution 452
History of Prostitution 453 Denial-of-Service Attack 495
Internet Extortion/Ransomware 495
Policies and Issues in Criminology
SEX WORK IN CONTEMPORARY SOCIETY 454 Illegal Copyright Infringement 496
Internet Securities Fraud 497
Incidence of Prostitution 454
Identity Theft 497
Policies and Issues in Criminology Etailing Fraud 499
THE INTERNATIONAL SEX TRADE 456
Cybervandalism: Cybercrime with Malicious
Types of Prostitutes 458
Intent 500
Becoming a Prostitute 459
Worms, Viruses, Trojan Horses, Logic Bombs, and Spam 501
Legalize Prostitution? 460
Website Defacement 502

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xiv CONTENTS

Cyberstalking 502 Policies and Issues in Criminology


Cyberbullying 503 TERRORISM ON THE NET 512

Policies and Issues in Criminology Combating Cyberwar 514


UPSKIRTING, DOWNBLOUSING, AND REVENGE PORN:
SHOULD NONCONSENSUAL PORNOGRAPHY BE Transnational Organized Crime 514
CRIMINALIZED? 504 Characteristics of Transnational Organized Crime 515
Cyberspying 507 Activities of Transnational Organized Crime 515
Transnational Gangs 516
The Costs of Cybercrime 507
Controlling Transnational Crime 520
Combating Cybercrime 508
Glossary G-1
International Treaties 509
Cybercrime Enforcement Agencies 509 Name Index NI-1

Cyberwar: Politically Motivated Cybercrime 510 Subject Index SI-1


Cyberespionage 511
Cyberterrorism 511

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Preface

I
n 2017, the operator of the world’s largest child pornography website was sen-
tenced to serve 30 years in prison. The case began in August 2014, when Steven
Chase created the Playpen, a website using the Tor Project hidden service pro-
tocol, which allows for an open network on the Internet where users can com-
municate anonymously. Tor software conceals its users’ identities and their online
activity from surveillance and traffic analysis by separating identification and routing.
It encrypts and then randomly bounces communications through a network of relays
run by volunteers around the globe.

mecklenburgcountync.gov
Chase served as lead administrator of Playpen, through which he and more than
150,000 other members viewed tens of thousands of postings of young victims, sorted
by age, sex, and the type of sexual activity involved. In addition to Tor, website mem-
bers employed other advanced technological means to thwart identification, includ-
ing elaborate file encryption. Steven Chase
Chase chose the name of the website, selected and made payments to the website
hosting company, regularly updated the site with new features and security fixes,
promoted several site members to administrator and moderator status to assist with
the administration of the criminal enterprise, and spent hundreds of hours logged in,
personally authoring hundreds of postings. He was arrested following a court-autho-
rized search of his home that revealed he was in possession of thousands of images
depicting the sexual abuse of children as young as infants and toddlers.
Following Chase’s arrest, federal agents pierced through the anonymity provided
by the Tor network and obtained IP addresses and other information to identify other
site users. As a result of the investigation, at least 350 US-based individuals have been
arrested, 25 producers of child pornography have been prosecuted, 51 alleged hands-
on abusers have been prosecuted, and 55 American children who were subjected to
sexual abuse have been successfully identified or rescued. The ongoing international
investigation has led to least 520 arrests, and the successful identification and rescue
of at least 186 children who were subjected to sexual abuse.
The Playpen case demonstrates the complex nature of crime today. Contem-
porary criminals, whether they be pornographers, gang members, or terrorists, are
adept at using the Internet to carry out their criminal enterprise schemes. While
some crimes are local, others are global in their reach. It is not surprising that many
Americans are concerned about crime and worried about becoming victims of crime
themselves. We alter our behavior to limit the risk of victimization and question
whether legal punishment alone can control criminal offenders. We watch movies
and TV shows about law firms and their clients, fugitives, and stone-cold killers. We
are shocked when the news media offers graphic accounts of school shootings, po-
lice brutality, and sexual assaults. We are swayed when politicians claim that crime
is on the upswing and that we must arm ourselves to protect loved ones. Is any-
where safe? Twenty years ago, no states had laws that allowed guns on university
campuses. Today, 10 states have signed such laws, while 20 others are considering
college carry laws.
I, too, have had a lifelong interest in crime, law, and justice. Why do people be-
have the way they do? What causes someone like Steven Chase to operate a global
kiddie porn site? Was his behavior the result of a diseased mind and personality? And

xv

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xvi PREFACE

what should be done with people who commit such horrendous crimes? Is 30 years
in prison too severe a sentence for someone who distributes child pornography, or too
lenient? Can draconian punishments convince others that “crime does not pay”?

Goals of This Book


For more than 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 sus-
tained me during my teaching career. What could be more important or fascinating
than a field of study that deals with such wide-ranging topics as the motivation for
mass murder, the effects of violent media on young people, drug abuse, and orga-
nized crime? Criminology is a dynamic field, changing constantly with the release of
major research studies, Supreme Court rulings, and governmental policy. Its dyna-
mism and diversity make it an important and engrossing area of study.
One reason why the study of criminology is so important 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 antisocial behavior, such as the Playpen
website, as a product of mental and physical abnormalities, 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 diver-
sity of human behavior?
Because interest in crime and justice is so great and so timely, this text is designed
to review these ongoing issues 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.
I try to present how the academic study of criminology intersects with real-world
issues. For example, diversity is a key issue in criminology and a topic that has im-
portant real-world consequences. Therefore, the text attempts to integrate issues of
racial, ethnic, gender, and cultural diversity throughout. The book covers the killing
of Michael Brown in Ferguson, Missouri, and racial differences in economic and so-
cial factors related to crime.
My primary goals in writing this text were as follows:
1. To separate the facts from the fiction about crime and criminality
2. To provide students with comprehensive and wide-ranging 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
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 influenced social policy

Features
FACT OR FICTION? A main goal of this edition is to expose some of the myths that
cloud people’s thinking about crime and criminals. The media often paints a distorted
picture of the crime problem in America and focuses only on the most sensational
cases. Is the crime rate really out of control? Are unemployed people inclined to com-
mit crime? Are immigrants more crime prone than the native-born, as some politi-
cians suggest? Are married people less crime prone than singles? Distinguishing what
is true from what is merely legend is one of the greatest challenges for instructors in
criminology courses. Therefore, a goal of this text is disabuse students of incorrect

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PREFACE xvii

notions, perceptions, and biases. Each chapter opens with a set of statements high-
lighting common perceptions about crime that are related to the material discussed
in the chapter. In the text, these statements are revisited so the student will become
skilled at distinguishing the myths from the reality of crime and criminality.

CONCEPT SUMMARY There are ongoing 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
Summary boxes that compare different viewpoints, reviewing both their main points
and their strengths.

THINKING LIKE A CRIMINOLOGIST It is important for students to think critically


about law and justice and to develop a critical perspective toward the social insti-
tutions and legal institutions 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 and a suggested writing assignment to
expand knowledge on the issue.

POLICIES AND ISSUES IN CRIMINOLOGY Throughout the book, every attempt is


made to access the most current research and scholarship available. 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 sometimes that simply is not possible. In an effort to be objec-
tive and fair, I have presented each side of important criminological debates in full.
Throughout the text, boxed features titled Policies and Issues in Criminology review
critically important research topics. In Chapter 13, for example, this feature covers
the current opioid epidemic that is sweeping the United States and analyzes its cause
and effects.

PROFILES IN CRIME These features are designed to present to students actual crimes
that help illustrate the position or views within the chapter. In Chapter 12, a Profiles
in Crime feature entitled “Fertility Fraud” looks at the case of Allison Layton, who
owned a company called Miracles Egg Donation. Layton earned a prison sentence for
cheating vulnerable would-be parents out of tens of thousands of dollars for phony
egg donation and surrogacy services.

CONNECTIONS are short inserts that help link the material to other areas covered in
the book. A Connections insert in Chapter 14 points out how cyberspace is being used
to facilitate public order crimes (covered in Chapter 13) by being a conduit to illegally
distribute prescription drugs, advertise prostitution, and disseminate pornography.

CHAPTER OUTLINES provide a roadmap to coverage and serve as a useful review


tool.

LEARNING OBJECTIVES spell out what students should learn in each chapter and
are reinforced via a direct link to the end-of-chapter summary as well as all of the
text’s ancillary materials.

A RUNNING GLOSSARY in the margins ensures that students understand words and
concepts as they are introduced.
In sum, the text has been carefully structured to cover relevant material in a
comprehensive, balanced, and objective fashion. Every attempt has been made to
make the presentation of material interesting and contemporary. No single political or

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xviii PREFACE

theoretical position dominates the text; instead, the many diverse views that are con-
tained within criminology and characterize its interdisciplinary nature are presented.
While the text includes analysis of the most important scholarly works and scientific
research reports, it also includes a great deal of topical information on recent cases
and events, such as the story of Owen Labrie and the St. Paul’s School rape case and
Dylann Roof and the Charleston massacre.

Topic Areas
Criminology: The Core is a thorough introduction to this fascinating field and is intended
for students in introductory courses in criminology. It is divided into three main sec-
tions 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 meth-
ods, 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 theory: Why do people be-
have the way they do? Why do they commit crimes? These views focus on choice
(Chapter 4), biological and psychological traits (Chapter 5), social structure and cul-
ture (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 sec-
tion cover violent crime (Chapter 10), political crime and terrorism (Chapter 11),
blue-collar, white-collar, and green-collar crimes (Chapter 12), public order crimes,
including sex offenses and substance abuse (Chapter 13), and cybercrime and trans-
national organized crime (Chapter 14).

What’s New in This Edition:


Chapter-by-Chapter Changes

Chapter 1
Chapter 1 now begins with a vignette on the 2015 terror attack in San Bernardino,
California, that killed 14 people and wounded 22 others. There is discussion of Glossip v.
Gross, a case that illustrates how the Supreme Court relies on social science research to
reach decisions. There is also a review of research aimed at determining whether people
who view pornography are also more likely to commit violence against women. A Pro-
files in Crime feature entitled “A Shooting in Ferguson” reviews the case of Michael
Brown, an African American youth killed in what proved to be a highly controversial
confrontation with a police officer. There is new information on drug legalization: a
number of states have now legalized recreational use of marijuana, while others have
legalized it for medical purposes. A Policies and Issues in Criminology feature, “Hate
Crime in Georgia,” considers whether the punishment was appropriate to the crime.

Chapter 2
Chapter 2’s opening vignette looks at a recent crime committed by members of MS-13, a
violent international criminal organization based in El Salvador and Honduras. The data
on crime and victimization have been updated. There is new information in the Policies
and Issues features on international crime trends and factors that shape criminal activity.

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PREFACE xix

Chapter 3
Chapter 3 begins with the discussion of the infamous St. Paul’s School rape case in which
a young student was sexually assaulted by a classmate as part of a ritual in which senior
boys attempt to seduce freshman girls. There is a new discussion on the different meth-
ods that have been developed to measure the cost of victimization to American society.
A new section looks at the stress abuse victims encounter in childhood that endures into
adulthood. There is recent data from the National Center for Educational Statistics on
victimization among students. Research is covered that shows that racial stereotypes af-
fect criminal decision making. Research showing that people with particular and distinct
mental and physical traits are more likely to suffer victimization is discussed.

Chapter 4
Chapter 4 begins with a vignette on an Ohio man, Michael Wymer, whose case aptly
illustrates the concept of rational choice in criminal decision making. There is a new
section on criminal competence, which may be an important element in structuring
criminality. Research is covered that shows that criminals choose targets in familiar
places, where they know their way around and won’t get lost or trapped. Research
now shows that neighborhoods with medical marijuana dispensaries have a high risk
of armed robbery and resulting murders. A new section called “Getting Away” dis-
cusses escape mechanisms employed during criminal acts. A new Profiles in Crime
feature looks at how auto thieves plan their crimes. There is an updated section on
the installation of closed-circuit television (CCTV) surveillance cameras and improved
street lighting. Another new section looks at criminal compulsion. A Policies and Is-
sues in Criminology feature looks at racial disparity in state prisons. There are new
sections on courts, sentencing, corrections, and rational choice theory.

Chapter 5
Chapter 5 begins with a vignette on Chris Harper Mercer, a troubled young man
who opened fire at Umpqua Community College in Oregon, killing nine people and
wounding seven others before being killed after exchanging gunfire with responding
police officers. There is new data on adolescent boys with antisocial substance disor-
der (ASD) who repeatedly engage in risky antisocial behavior. Research is covered
that shows that antisocial children have lower resting heart rates than the general
population. Meta-analysis of existing research finds that lack of attachment predicts
involvement in a broad spectrum of criminal activity. A new Policies and Issues in
Criminology feature entitled “Criminal Susceptibility” argues that the link between
personality traits and crime flows through an individual’s resistance or susceptibility
to crime-promoting experiences. A new Profiles in Crime feature covers Adam Lanza
and the Sandy Hook Elementary School massacre.

Chapter 6
Chapter 6 begins with a vignette on the tragic case of Aaron Hernandez, the pro-foot-
ball star who could not shake the street values that shaped his early life. New material
on economic structure and American society reviews such issues as stratification, class
economic disparity, white privilege, and racial conflict. A new Policies and Issues in
Criminology feature entitled “Labor’s Love Lost” reviews the book by Andrew Cherlin
that provides an explanation of the toll income and educational inequality take on soci-
ety. Research is presented on how destructive commercial institutions can destabilize a
neighborhood and increase the rate of violent crimes.

Chapter 7
Chapter 7’s opening vignette looks at the case of Stanford University student ath-
lete Brock Turner, who was convicted of sexually assaulting an unconscious woman
behind a dumpster and received a six-month jail sentence for his crime. New research

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xx PREFACE

shows that youth who are suspended or expelled from school are the ones most likely
to have problems over the life course. A Profiles in Crime feature entitled “The Af-
fluenza Case” looks at what happened to Ethan Couch, a 16-year-old Texas boy, who
killed four people while driving drunk. A new Policies and Issues in Criminology fea-
ture, “White-Collar Neutralization,” reviews research that shows that white-collar
criminals use neutralization techniques before engaging in business crimes. There is a
new section covering Per-Olof H. Wikstrom’s Situational Action Theory (SAT), which
maintains that when people are socialized to have a strong sense of morality, if con-
fronted or exposed to criminal opportunity, their sense of ethics and principles will
guide their behavior. There is also a new section on the long-term effects of labeling.

Chapter 8
Chapter 8 opens with a vignette on the political conflict that dominated the 2016 pres-
idential election. There is new coverage of income including research sponsored by
the Pew Foundation that shows that the wealth gap between America’s high-income
group and everyone else has now reached record high levels. There is a new section
on justice system inequality that discusses how critical thinkers believe that racial and
ethnic minorities are now the target of racist police officers and unfair prosecutorial
practices. A Policies and Issues in Criminology box asks the provocative question “Are
Wrongful Convictions a State Crime?” There is discussion on how critical feminists
show that sexual and other victimization of girls is a function of male socialization
because so many young males learn to be aggressive and to exploit women.

Chapter 9
Chapter 9’s opening vignette covers the horrific murders of Jennifer, Michaela, and
Hayley Petit during a home invasion in Cheshire, Connecticut. A new Policies and
Issues in Criminology feature entitled “Human Agency, Personal Assessment, Crime,
and Desistance” looks at the research of Robert Agnew and Steven Messner, which
shows that human agency plays a major role in shaping personal assessments and
behaviors. A new section entitled “Personality and Offending Trajectories” shows that
the reason why some offenders start early, others late, and some not at all may be
linked to psychological problems and disturbance.

Chapter 10
Chapter 10 opens with an update on the Dylann Roof case; he was sentenced to
death after being convicted in federal court on 33 hate crime charges. Randol Con-
treras’s influential book Stickup Kids: Race, Drugs, Violence, and the American Dream is
covered. A Policies and Issues in Criminology feature entitled “American Culture and
Homicide” covers the work of social historian Randolph Roth, who charts changes
in the homicide rate in the United States from colonial times to the present. There
is a section that looks at date and acquaintance rape on college campuses; data from
a national survey of sexual assault on campus are presented. A new section, “Sex in
Authority Relations,” reviews the legislation making it a crime for people in power
to have sexual relations with those they control or supervise. A Policies and Issues in
Criminology feature looks at mass shooters: Why do some live and some die? A new
section, “Targeting Criminals,” reviews how some robbers target fellow criminals—for
example, drug dealers—because they are inviting targets.

Chapter 11
Chapter 11 updates the case of Julian Assange and WikiLeaks, and how the 2016
presidential election was influenced by the release of emails hacked from Clinton
campaign computers. A Profiles in Crime feature covers the Edward Snowden case.
Voting fraud is now covered in some detail. A Policies and Issues in Criminology fea-
ture on the history and activities of the Islamic State has been updated. We also re-
view the US Freedom Act, which replaced the Patriot Act.

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PREFACE xxi

Chapter 12
Chapter 12 reviews the activities of the Cuban Mob, a gang of commercial thieves
who made off with $60 million worth of pharmaceuticals. Data are updated on shop-
lifting and retail theft: in a given year, total retail losses are approximately $44 billion.
There is new information on the increase in highly organized professionals involved
in auto theft. A Profiles in Crime feature entitled “Fertility Fraud” looks at the crimes
of Allison Layton, who cheated would-be parents at her fertility clinic. There is cover-
age of recent Foreign Corrupt Practices Act (FCPA) cases, illegal logging, and importa-
tion of wildlife that has brought some species, such as the northern white rhinoceros
and the western black rhinoceros, to near extinction.

Chapter 13
Chapter 13 begins with a vignette on Larry Nassar, a central figure in USA gymnastics,
and how his downfall began when young female athletes accused him of sexual assault
and federal investigators found child pornography on his computer. The most challenged
or banned library books are set out. There is new material on the history of prostitution,
including how in 1908 officials in Salt Lake City, Utah, hired Dora Topham, the leading
madam of Ogden, to operate a legal red-light district called the stockade. The Policies
and Issues in Criminology feature “Sex Work in Contemporary Society” is updated to
include survival sex among LGBTQ youth. Another Policies and Issues feature, “The In-
ternational Sex Trade,” is updated with the latest report by the UN on human trafficking.
There is a new Policies and Issues in Criminology feature on the opioid epidemic that is
sweeping the country. There is new material on the link between drugs and crime; re-
search projects find that they are highly correlated.

Chapter 14
Chapter 14 begins with the case of Kassandra Cruz, a Miami woman sent to prison for
cyberstalking and extortion. New data are presented on how the crime rate in Eng-
land and Wales doubled in 2015 when cybercrime began to be included. New data
are presented that show that a conservative estimate of the annual cost to the global
economy from cybercrime is now more than $400 billion and losses may be as high
as $575 billion. A new section entitled “Internet Extortion/Ransomware” discusses
how computers around the world are attacked by hackers. There is a new Policies and
Issues in Criminology box on revenge porn and efforts to penalize people who post
non-consensual sexually explicit photos online. Data are presented on cyberbullying
that show on average about 28 percent of kids experience this form of harassment.
A Policies and Issues in Criminology feature discusses how the Islamic State uses the
Internet to recruit and raise funds.

Supplements
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For the Instructor


ONLINE INSTRUCTOR’S MANUAL The manual includes learning objectives, key
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The manual is available for download on the password-protected website and can
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ONLINE TEST BANK Each chapter of the test bank contains questions in multiple-
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xxii PREFACE

the section in the main text where the answers can be found, and Bloom’s taxonomy.
Finally, each question in the test bank has been carefully reviewed by experienced
criminal justice instructors for quality, accuracy, and content coverage. The Test Bank
is available for download on the password-protected website and can also be obtained
by e-mailing your local Cengage Learning representative.

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For the Student


MINDTAP FOR CRIMINOLOGY With MindTap™ Criminal Justice for Criminology: The
Core, you have the tools you need to better manage your limited time, with the abil-
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and with a mobile app to keep you on track. With a wide array of course-specific tools
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You will stay engaged with MindTap’s video cases and career scenarios and
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individually and compared to the highest performers in class. MindTap eliminates the
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cally by your instructor and for your criminology course. Master the most important
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Acknowledgments
The preparation of this book would not have been possible without the aid of my col-
leagues who helped by reviewing the previous editions and gave me important sug-
gestions for improvement.
My partners 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. Caro-
lyn Henderson Meier, my wonderful product team manager, is always an inspiration;
Shelley Murphy is both my content developer and dear friend. Kim Adams Fox did
an outstanding job on photo research. Both Mary Kanable and Susan Gall are excel-
lent proofreaders and I’m grateful for their thoughtful and smart comments. Linda
Jupiter, the book’s production editor, is another confidant and friend. I really appreci-
ate the help of Lunaea Weatherstone, who in addition to being a great copy editor is
also my oracle and personal life coach. The sensational Christy Frame is an extraordi-
nary senior content project manager, and senior marketing manager Mark Linton is
equally fantastic.

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CRIMINOLOGY
THE CORE

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Crime and Criminology

Learning Objectives
LO1 Explain the various elements of criminology.
LO2 Differentiate between crime and deviance.
LO3 Analyze the three different views of the definition of crime.
LO4 Articulate the different purposes of the criminal law.
LO5 Outline the criminal justice process.
LO6 Summarize the ethical issues in criminology.

Handout/FBI/Getty Images News/Getty Images


Handout/Getty Images News/Getty Images

Joe Raedle/Getty Images News/Getty Images

Syed Rizwan Farook Tashfeen Malik

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1
Chapter Outline

O
What Criminologists Do: The Elements n December 2, 2015, Syed Rizwan
of Criminology Farook and Tashfeen Malik, residents of
Criminal Statistics/Crime Measurement
Redlands, California, attacked a holiday
Sociology of Law/Law and Society/Sociolegal Studies
Developing Theories of Crime Causation party being held for employees at the
Explaining Criminal Behavior San Bernardino County Department of Public
Penology: Punishment, Sanctions, and Corrections
Victimology Health. Armed with semi-automatic weapons, they
A Brief History of Criminology killed 14 people; 22 others were seriously injured.
Classical Criminology Farook, who worked for the health department,
Positivist Criminology
was an American-born citizen of Pakistani decent,
Sociological Criminology
Conflict Criminology while Malik, his wife, was Pakistani-born and a
Developmental Criminology lawful permanent resident; they had a 6-month-old
Contemporary Criminology
daughter. After the shooting, the couple fled the
Deviant or Criminal? scene in a rented SUV and were killed in a shootout
How Criminologists Define Crime
Becoming Deviant with pursuing police.
The Concept of Crime Farook and Malik are considered homegrown
Profiles in Crime violent extremists, inspired by but not directed by
A SHOOTING IN FERGUSON
a foreign group; they were not part of any known
A Definition of Crime
terrorist cell. Farook visited Pakistan in 2014 and
Criminology and the Criminal Law returned with Malik, who traveled on a Pakistani
Common Law
Contemporary Criminal Law passport with a fiancée visa. They also visited Saudi
The Evolution of Criminal Law Arabia, but their radicalization is believed to have
Criminology and Criminal Justice been via the Internet. After they returned from
The Criminal Justice System
abroad, the couple began to stockpile weapons,
The Process of Justice
thousands of rounds of ammunition, and bomb-
Policies and Issues in Criminology
HATE CRIME IN GEORGIA making equipment in their home.1
The San Bernardino attack was all too reminiscent
Ethical Issues in Criminology of other terrorist incidents on American soil:
●●
On April 15, 2013, Dzhokhar and Tamerlan

FACT OR FICTION?
Tsarnaev set off bombs at the Boston Marathon
finish line, killing three people, and maiming
▸▸ Sex offender registration lists help deter and injuring at least 264. The Tsarnaev brothers,
potential offenders and reduce the though born abroad and of Chechen descent,
incidence of child molestation. had prospered in the United States; Dzhokhar
▸▸ It’s a crime to ignore a drowning person’s was attending a state university. Nonetheless,
cries for help. the brothers clung to radical Islamic views and
blamed the US government for conducting a war
▸▸ The definitions of long-established
common-law crimes such as rape, against Islam in Iraq and Afghanistan.2 ▸
robbery, and murder never change.
3

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●●
On November 28, 2016, Somali refugee Abdul Razak Ali Artan
deliberately drove his car into pedestrians at Ohio State University.
Getting out of the car, he then attacked others with a butcher knife
before being shot and killed by the first responding OSU police officer.
Thirteen people were injured in the attack. Investigators believe that
Artan was inspired by terrorist propaganda from the Islamic State (IS)
and radical Muslim cleric Anwar al-Awlaki.3 ■

These and other high-profile terrorist incidents have spurred an ongoing national
debate over the proper response to terrorism. In 2017, President Trump issued an
executive order that prohibited residents from seven predominantly Muslim coun-
tries from visiting the US to work or study. Another executive order focused on immi-
grants who “pose a risk to public safety” and thereby made millions of undocumented
people a priority for deportation.4 The ban provoked even greater debate. Supporters
believed Tump's order enhanced national security. Critics countered that the ban was
unconstitutional; federal judges sided with the latter and blocked its implementation.
Widely publicized criminal acts, including terror attacks, have stimulated interest
criminology in criminology, an academic discipline that uses the scientific method to study the
The scientific study of the nature, nature, extent, cause, and control of criminal behavior. This involves using valid and
extent, cause, and control of reliable procedures for the systematic collection, testing, and analysis of empirical evi-
criminal behavior.
dence relevant to the problem under study.
What motivates people like Farook and Malik to turn on coworkers and people
they knew in the name of Jihad? Or was that their real motive? Was their crime a
matter of rational choice and decision making or the outcome of delusional thinking
and mental illness?
Unlike political figures and media commentators, whose opinions about crime
may be colored by personal experiences, biases, and election concerns, criminolo-
gists remain objective as they study crime and its consequences.5 The field itself is
far reaching, and subject matter ranges from street level drug dealing to interna-
tional organized crime, from lone wolf terrorism to control of kiddie porn. It is an
interdisciplinary field: while many criminologists have attended academic programs
that award degrees in criminology or criminal justice, many criminologists have a
background in other academic disciplines, including sociology, psychology, and legal
studies.
In this chapter, we review the components of this diverse field of study, how this
field developed, and how criminologists view crime and justice. We begin by examin-
ing the focus and concerns of this intriguing academic discipline.

What Criminologists Do:


The Elements of Criminology
LO1 Explain the various Several subareas exist within the broader arena of criminology. Some criminologists
elements of criminology. specialize in one area while ignoring others, and some are generalists whose research
interests are wide ranging. What then are the most important subareas in the field?

Criminal Statistics/Crime Measurement


The subarea of criminal statistics/crime measurement involves creating methodolo-
gies that are able to accurately measure activities, trends, and patterns in crime and
then using these tools to calculate amounts and developments in criminal activity:
How much crime occurs annually? Who commits it? When and where does it occur?
Which crimes are the most serious?

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Chapter 1 ■ CRiMe and CRiMinology 5

Criminologists interested in computing criminal statistics focus on creating


valid and reliable measures of criminal behavior: valid measure
A measure that actually measures
●● Criminologists help formulate techniques for collecting and analyzing official what it purports to measure; a
measures of criminal activities, such as crimes reported to the police. measure that is factual.
●● To measure unreported criminal activity criminologists develop survey instru-
reliable measure
ments designed to have victims report loss and injury that may not have been A measure that produces
reported to the police. consistent results from one
●● Criminologists design methods that make it possible to investigate the cause of measurement to another.
crime. They may create a self-administered survey with questions measuring
an adolescent’s delinquent behaviors as well as social characteristics, education
and occupation of parents, friendship patterns, and school activities. These sur-
vey items can later be correlated in order to determine the associations among a
variety of social factors and criminal activities, such as whether school failure is
related to drug abuse.

Sociology of Law/Law and Society/Sociolegal Studies


Variously called sociology of law, law and society, or sociolegal studies, this subarea
of criminology is concerned with the social, political, and intellectual influences of
law and legal activity; the sociology of legal institutions and legal processes; and FACT OR FICTION ?
consequences of law on society. According to the American Sociological Associa- Sex offender registration lists
tion, the sociology of law involves linking the study of law with such core socio- help deter potential offenders
logical issues as social change and stability, order and disorder, the nation-state and and reduce the incidence of
capitalism. Research on sociolegal issues involves methodologically sophisticated child molestation.
empirical investigations as the central means of studying the dynamics of law in
society.6 FICTION Research indicates
Criminologists who study the impact of law on society focus their attention on that registration has little
the role that social forces play in shaping criminal law and the role of criminal law effect on either offenders or
in shaping society. They might investigate the history of legal thought in an effort to rates of child molesting.
understand how criminal acts (such as theft, rape, and murder) evolved into their
present form. They may also play an active role in suggesting legal changes that
benefit society.
Criminologists who are interested in sociolegal
scholarship evaluate the impact that new laws have
on society. Take sex offender registration laws, which
require 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,
Monica Almeida/New York Times/Redux

who had moved unannounced into her New Jersey


neighborhood. When criminologists conducted an
in-depth study of the effectiveness of the New Jersey
registration law they found that, although it was main-
tained at great cost to the state, the system did not pro-
duce effective results: Sex offense rates in New Jersey
were in steep decline before the system was installed,
and the rate of decline actually slowed down after 1995
when the law took effect; in some states arrests for sex Criminologists interested in the sociology of law conduct research
offenses increased after the law took effect. Megan’s Law on the effects of legal change on society. Take for example the
did not reduce the number of rearrests for sex offenses, Supreme Court’s ruling in Miller v. Alabama, barring mandatory life
nor did it have any demonstrable effect on the time sentences for juveniles convicted of murder. Criminologists may be
between when sex offenders were released from prison called upon to test public opinion on whether young offenders have
and the time they were rearrested for any new offense, the potential for rehabilitation. They may also try to explore whether
such as a drug offense, theft, or another sex offense.7 adolescent brains have developed sufficiently to fully understand
Such sociolegal scholarship helps policy makers deter- the consequences of their behavior.
mine the effectiveness of legal change.

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6 Part 1 ■ CONCEPTS OF CRIME, LAW, AND CRIMINOLOGY

Criminological research is also used extensively by the Supreme Court in shaping


their decision making and creating legal precedence.8 Take what happened in these
two important cases:
●● In Miller v. Alabama, the Supreme Court relied on social research that conclusively
showed that juveniles are not fully capable of anticipating the consequences of
their actions. This finding led the justices to conclude that it would be inappropri-
ate and unconstitutional for juveniles to receive mandatory life sentences with-
out the possibility of parole. If juveniles have a different mental capacity than
adults, it seemed illogical that they should receive the same punishment; this
would amount to cruel and unusual punishment.9
●● In Glossip v. Gross, Justices Breyer and Ginsburg relied on social science research
by sociolegal scholar Samuel Gross and his colleagues showing that there is a sig-
nificant likelihood of a wrongful conviction in death penalty cases. Why is this so?
Because capital cases typically involve horrendous murders, and they generate
intense community pressure on police, prosecutors, and jurors to secure a convic-
tion. This pressure creates a greater likelihood of convicting the wrong person.10
Here a legal opinion was informed by social science research.

Developing Theories of Crime Causation


Criminologists also explore the causes of crime. How do the mechanisms of past
experience influence an individual’s propensity to offend? Is past behavior the best
predictor of future behavior? Are the seeds of a criminal career planted early in life or
do life events upend a person’s normal life course?
Some criminologists focus on the individual and look for an association between
decision making, psychological and biological traits, and antisocial behaviors. Those
who have a psychological orientation view crime as a function of personality, develop-
ment, social learning, or cognition. Others investigate the biological correlates of anti-
social 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 neighborhood conditions, poverty, socialization, and group inter-
action. Their belief is that people are a “product of their environment” and anyone
living in substandard conditions could be at risk to crime. Kids are deeply affected by
what goes on in their family, school, and neighborhood, and these are the keys to
understanding the development of antisocial behavior.

on november 13, 2015, 130 people were killed and


another 350 injured in a series of terror attacks across
Paris, including at the Stade de France (the French
national stadium), at cafés and restaurants, and at the
Bataclan Theater, where a concert was taking place.
The attacks began when bombs were set off outside the
Stade de France during a soccer match between France
and germany. Hundreds of people ran from the stadium
in panic. The islamic State (iS) claimed responsibility
for the attacks, which involved groups of jihadists who
simultaneously attacked numerous sites in the city.
Soon after, French President François Hollande closed
the nation’s borders and declared a state of emergency.
The Paris attacks prompted massive retaliation on iS
AP Images/Christophe Ena

installations by France, the United States, and Russia.


Criminologists conduct research on discovering what
prompts people to join terror groups and what can be
done to dissuade them from joining.

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Chapter 1 ■ CRiMe and CRiMinology 7

Pinning down “one true cause” of crime remains a difficult problem because
most people, even those living in the poorest disorganized neighborhood, or who
suffered abuse and neglect as children, do not become criminals. If they did, there
would be a lot more crimes committed each year than now occur. Since most of
us are law abiding, despite enduring many social and psychological problems, it’s
tough to pinpoint the conditions that inevitably lead to a criminal way of life. Crim-
inologists are still unsure why, given similar conditions, some people choose crimi-
nal solutions to their problems, whereas others conform to accepted social rules of
behavior.

Explaining Criminal Behavior


Another subarea of criminology involves research on specific criminal types and pat-
terns: violent crime, theft crime, public order crime, organized crime, and so on. Nu-
merous 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. Wolfgang
discovered that in many instances victims caused or precipitated the violent con-
frontation that led to their death, spawning the term victim-precipitated homicide.11 victim-precipitated homicide
Edwin Sutherland’s pioneering analysis of business-related offenses also helped Refers to those killings in which
coin a new phrase, white-collar crime, to describe economic crime activities of the the victim is a direct, positive
precipitator of the incident.
affluent.12
Criminologists are constantly broadening the scope of their inquiry because white-collar crime
new crimes and crime patterns are constantly emerging. Whereas 50 years ago they Illegal acts that capitalize on a
might have focused their attention on rape, murder, and burglary, they now may be person’s status in the marketplace.
White-collar crimes may include
looking at stalking, environmental crimes, cybercrime, terrorism, and hate crimes. theft, embezzlement, fraud, market
Take for instance Internet porn, something that began being widely used in the manipulation, restraint of trade, and
1990s and has been more frequently viewed ever since, especially by the younger false advertising.
generation.13 Today 46 percent of men and 16 percent of women between the ages
penology
of 18 and 39 intentionally view pornography in a given week.14 At the same time, Subarea of criminology that
there has been public outrage over sexual assaults on college campuses; several focuses on the correction and
studies indicate that a substantial proportion of female students—between 18 and control of criminal offenders.
20 percent—experience rape or some other form of sexual assault during their col-
rehabilitation
lege years.15 Is there a link between these two phenomena? To answer this ques- Treatment of criminal offenders
tion, criminologists are conducting research aimed at determining whether people that is aimed at preventing future
who view pornography are also more likely to commit violence against women. So criminal behavior.
far the evidence finds a connection: watching Internet porn and sexual violence
mandatory sentences
may actually be related.16 A statutory requirement that a
certain penalty shall be carried
Penology: Punishment, Sanctions, and Corrections out in all cases of conviction for
a specified offense or series of
The study of penology involves efforts to control crime through the correction of offenses.
criminal offenders. Some criminologists advocate a therapeutic approach to crime
prevention that relies on the application of rehabilitation services; they direct their capital punishment
The execution of criminal
efforts at identifying effective treatment strategies for individuals convicted of law offenders; the death penalty.
violations, such as relying on community sentencing rather than prison. Others argue
that crime can be prevented only through the application of formal social control, recidivism
Relapse into criminal behavior
through such measures as mandatory sentences for serious crimes and even the use
after apprehension, conviction,
of capital punishment as a deterrent to murder. and correction for a previous crime.
Criminologists interested in penology direct their research efforts at evaluating
the effectiveness of crime control programs and searching for effective treatments
that can significantly lower recidivism rates. An evaluation of the Risk-Need-
Responsivity (RNR) program, which classifies people on probation and orders the
placement of some in anger management and cognitive behavioral therapy pro-
grams, has been found to cut the recidivism of high-risk offenders by as much as
20 percent.17
Not all penological measures work as expected. One might assume that inmates
placed in the most punitive high-security prisons will “learn their lesson” and not

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
8 Part 1 ■ CONCEPTS OF CRIME, LAW, AND CRIMINOLOGY

Concept Summary 1.1 Criminology in Action


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

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, Studying the correction and control of criminal behavior. Using the scientific method to assess the
sanctions, and corrections 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.

dare to repeat their criminal offense. However, research shows that being sent to a
high-security prison exposes inmates to the most violent peers who have a higher
propensity for crime. This exposure may actually increase criminal behavior, rein-
force antisocial attitudes, and ultimately increase recidivism—a finding that supports
the need for careful penological research.18
victimology
The study of the victim’s role in Victimology
criminal events.
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.19 Victimology
includes the following areas of interest:
CHECKPOINTS ●● Using victim surveys to measure the nature and extent of criminal behavior and
to calculate the actual costs of crime to victims
▸●Criminologists engage in a Calculating probabilities of victimization risk
variety of professional tasks. ●●

Studying victim culpability in the precipitation of crime


▸●Those who work in criminal
●●

statistics create accurate


●● Designing services for crime victims, such as counseling and compensation
measures of crime trends and programs
patterns.
Criminologists who study victimization have uncovered some startling results.
▸●Some criminologists study the For one thing, criminals have been found to be at greater risk of victimization than
origins and sociology of law. noncriminals.20 This finding indicates that rather than being passive targets who are
▸●Theorists interested in criminal “in the wrong place at the wrong time,” victims may themselves be engaging in a
development seek insight into high-risk behavior, such as crime, that increases their victimization risk and renders
the causes of crime. them vulnerable to crime.
▸●Some criminologists try to The various elements of criminology in action are summarized in Concept
understand and describe Summary 1.1.
patterns and trends in
particular criminal behaviors,
such as serial murder or rape.
A Brief History of Criminology
▸●Penologists evaluate the
criminal justice system. How did this field of study develop? What are the origins of criminology? The sci-
▸●Victimologists try to entific study of crime and criminality is a relatively recent development. During
understand why some people the Middle Ages (1200–1600), people who violated social norms or religious prac-
become crime victims. tices were believed to be witches or possessed by demons.21 The use of cruel tor-
ture to extract confessions was common. Those convicted of violent or theft crimes

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Chapter 1 ■ CRiMe and CRiMinology 9

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. Reformers stressed that the relationship between crime and
punishment should be balanced and fair. This more moderate view of criminal sanc-
tions 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 peo-
ple commit crime.
Beccaria believed that in choosing their behavior people act in their own self-
interest: they want to achieve pleasure and avoid pain. People will commit crime
when the potential pleasure and reward they believe they can achieve from illegal
acts outweigh the threat of future punishment. To deter crime, punishment must be
sufficient—no more, no less—to counterbalance the lure of criminal gain. If it were too
lenient, people would risk committing crimes; too severe a punishment would be un-
fair and encourage crimes. If rape were punished by death, rapists might be encouraged
to kill their victims to prevent identification; after all, they would have nothing to lose
if both rape and murder were punished equally. 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, proportionate, and dictated by law.22
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, classi- classical criminology
cal criminology theory had several basic elements: Theoretical perspective suggesting
that people choose to commit
●● People have free will to choose criminal or lawful solutions to meet their needs crime and that crime can be
or settle their problems. controlled if potential criminals
●● Crime is attractive when it promises great benefits with little effort. fear punishment.
●● 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.
Auguste Comte (1798–1857), considered the founder of sociology, argued that positivism
The branch of social science that
societies pass through stages that can be grouped on the basis of how people try to uses the scientific method of the
understand the world in which they live. People in primitive societies believe that in- natural sciences and suggests
animate objects have life (for example, the sun is a god); in later social stages, people that human behavior is a product
embrace a rational, scientific view of the world. Comte called this the positive stage, of social, biological, psychological,
and those who followed his writings became known as positivists. or economic forces that can be
empirically measured.
Positivism has a number of elements:
scientific method
●● Use of the scientific method to conduct research. The scientific method is objec- The use of verifiable principles
tive, universal, and culture-free. and procedures for the systematic
●● Predicting and explaining social phenomena in a logical manner. This means acquisition of knowledge. Typically
identifying necessary and sufficient conditions under which a phenomenon may involves formulating a problem,
or may not occur. Both human behavior and natural phenomena operate accord- creating hypotheses, and collecting
data, through observation
ing to laws that can be measured and observed. and experiment, to verify the
●● All beliefs or statements must be proved through empirical investigation guided hypotheses.
by the scientific method. Such concepts as “God” and “the soul” cannot be

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10 Part 1 ■ CONCEPTS OF CRIME, LAW, AND CRIMINOLOGY

Positivists use the scientific method to explain criminal


behavior. Some look at social factors while others focus on
physical and biological traits. Here, dr. Michael nicholas,
a clinical psychologist from Paducah, Kentucky, displays a
small red and white cube and a model of a human brain as
he testifies in the Kevin Wayne dunlap murder trial. nicholas
was using the props to show the approximate size of an
abnormality detected in dunlap’s brain on MRi and PeT
scans. nicholas was a defense witness testifying as to how
the abnormality may have affected dunlap, who confessed

AP Images/Paducah Sun, John Wright


to the killing of three children and the assault of their mother
in october 2008. dunlap stabbed and killed a 5-year-old
boy and his 14- and 17-year-old sisters in their home.
He then raped and attempted to murder their mother by
stabbing her. When he thought that the mother was dead, he
set fire to the home and left. despite evidence that dunlap’s
abnormal brain structure may have controlled his behavior,
he was convicted of murder and sentenced to death.

measured empirically and therefore are not the subject of scientific inquiry; they
remain a matter of faith.
●● Science must be value-free and should not be influenced by the observer/scientist’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 antiso-
cial behavior. Phrenologists, such as Franz Joseph Gall (1758–1828) and Johann K.
Spurzheim (1776–1832), studied the shape of the skull and bumps on the head and
concluded that these physical attributes were linked to criminal behavior.23
sociological criminology By the early nineteenth century, abnormality in the human mind was being
Approach to criminology, based linked to criminal behavior patterns. Philippe Pinel, one of the founders of French
on the work of Émile Durkheim, psychiatry, coined the phrase manie sans delire to denote what eventually was referred
that focuses on the relationship to as a psychopathic personality.
between social factors and crime. In Italy, Cesare Lombroso (1835–1909), known as the “father of criminology,”
began to study the cadavers of executed criminals in an effort to determine scientifi-
cally how criminals differed from noncriminals. Lombroso was soon convinced that
▸▸
▸▸

serious and violent offenders had inherited criminal traits. These “born criminals” suf-
▸▸

CONNECTIONS fered from “atavistic anomalies”; physically, they were throwbacks to more primitive
times when people were savages and were believed to have the enormous jaws and
Many of us have grown strong canine teeth common to carnivores that devour raw flesh. Lombroso’s version
up with movies showing of criminal anthropology was brought to the United States via articles and textbooks
criminals as “homicidal that adopted his ideas.24 By the beginning of the twentieth century, American au-
maniacs.” Some may thors were discussing “the science of penology” and “the science of criminology.”25
laugh, but Split, No
Country for Old Men, Sociological Criminology
Disturbia, American
Psycho, Hannibal, and At the same time that biological views were dominating criminology, another group of
similar films are usually positivists were developing the field of sociology to study scientifically the major social
box office hits. See changes taking place in nineteenth-century society. The foundations of sociological
Chapter 5 for more on criminology can be traced to the work of Émile Durkheim (1858–1917).26
psychosis as a cause According to Durkheim’s vision of social positivism, crime is normal because
of crime. it is virtually impossible to imagine a society in which criminal behavior is totally
absent.27 Durkheim believed that crime is inevitable because people are so different

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Chapter 1 ■ CRiMe and CRiMinology 11

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 mod-
ern “organic” society with a large urban population, division of labor, and personal
isolation.28 From the resulting structural changes flowed anomie, or norm and role anomie
confusion. An anomic society is in chaos, experiencing moral uncertainty and an ac- A lack of norms or clear social
companying loss of traditional values. People who suffer anomie may become con- standards. Because of rapidly
shifting moral values, the
fused and rebellious. Is it possible that the loss of privacy created by widespread social individual has few guides to what
media, a technology that can cause a private moment to go “viral,” has helped create is socially acceptable.
a sense of anomie in our own culture?
Chicago School
Group of urban sociologists who
THE CHICAGO SCHOOL The primacy of sociological positivism was secured by re- studied the relationship between
search begun in the early twentieth century by Robert Ezra Park (1864–1944), Ernest environmental conditions and
W. Burgess (1886–1966), Louis Wirth (1897–1952), and their colleagues in the Sociol- crime.
ogy Department at the University of Chicago. The scholars who taught at this program
socialization
created what is still referred to as the Chicago School in honor of their unique style Process of human development
of doing research. and enculturation. Socialization is
These urban sociologists examined how neighborhood conditions, such as poverty influenced by key social processes
levels, influenced crime rates. They found that social forces operating in urban areas and institutions.
created a crime-promoting environment; some neighborhoods were “natural areas” for conflict theory
crime.29 In urban neighborhoods with high levels of poverty, the fabric of critical social The view that human behavior is
institutions, such as the school and the family, came undone. Their traditional ability to shaped by interpersonal conflict
control behavior was undermined, and the outcome was a high crime rate. and that those who maintain social
power will use it to further their
own ends.
SOCIALIZATION VIEWS During the 1930s and 1940s, another group of sociologists
began conducting research that linked criminal behavior to the quality of an indi-
vidual’s socialization—the relationship they have 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.
▸▸
▸▸
▸▸

Conflict Criminology CONNECTIONS


In his Communist Manifesto and other writings, Karl Marx (1818–1883) described the Did your mother ever
oppressive labor conditions prevalent during the rise of industrial capitalism. Marx was warn you about staying
convinced that the character of every civilization is determined by its mode of pro- away from “bad
duction—the way its people develop and produce material goods. The most important neighborhoods” in the
relationship in industrial culture is between the owners of the means of production city? If she did, how valid
(the capitalist bourgeoisie) and the people who perform the labor (the proletariat). The were her concerns? To
economic system controls all facets of human life; consequently, people’s lives revolve find out, go to Chapter
around the means of production. The exploitation of the working class, Marx believed, 6 for a discussion of the
would eventually lead to class conflict and the end of the capitalist system.30 structural conditions
These writings laid the foundation for conflict theory, the view that human that cause crime.
behavior is shaped by interpersonal conflict and that crime is a product of human
conflict. However, it was not until the social and political upheaval of the 1960s—
fueled by the Vietnam War, the development of an antiestablishment counterculture
movement, the civil rights movement, and the women’s movement—that crimi-
nologists began to analyze the social conditions in the United States that promoted

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12 Part 1 ■ CONCEPTS OF CRIME, LAW, AND CRIMINOLOGY

in 1980, glen Stewart godwin, along with his partner,


Frank Soto, robbed a drug dealer and stabbed him
26 times with a butcher knife, then blew up the
body to hide the evidence. godwin was sentenced
to 26 years to life in prison, but in 1987, he made
a daring escape by digging a tunnel. godwin fled to

Time Life Pictures/FBI/The LIFE Picture Collection/Getty Images


Mexico, where he got involved in the drug trade. Sent
to a Mexican prison, he killed a member of a drug
cartel and escaped once again. He is currently on the
loose somewhere in latin america and assumed to be
dealing drugs. developmental criminologists would view
godwin’s criminal career as a product of sociological,
psychological, and economic factors. His initiation into
a criminal career is a developmental process, influenced
by both internal and external situations, conditions, and
circumstances.

class conflict and crime. What emerged from this intellectual ferment was a critical
critical criminology criminology that indicted the economic system as producing the conditions that sup-
The view that crime is a product of
port a high crime rate. Critical criminologists have played a significant role in the field
the capitalist system.
ever since.
rational choice theory
The view that crime is a function
of a decision-making process
Developmental Criminology
in which the would-be offender In the 1940s and 1950s, Sheldon and Eleanor Glueck, a husband-and-wife team of
weighs the potential costs and criminologists and researchers at Harvard Law School, conducted numerous studies
benefits of an illegal act.
of delinquent and criminal behavior that profoundly influenced criminological the-
trait theory ory. Their work integrated sociological, psychological, and economic elements into
The view that criminality is a a complex developmental view of crime causation. Their most important research
product of abnormal biological or efforts followed the careers of known delinquents to determine what factors pre-
psychological traits.
dicted persistent offending; they also made extensive use of interviews and records in
social structure theory their elaborate comparisons of delinquents and nondelinquents.31
The view that disadvantaged The Gluecks’ vision integrated biological, social, and psychological elements.
economic class position is a It suggested that the initiation and continuity of a criminal career was a develop-
primary cause of crime.
mental process influenced by both internal and external situations, conditions, and
circumstances.

Contemporary Criminology
These various schools of criminology, developed over 200 years, have been constantly
evolving.
●● Classical theory has evolved into modern rational choice theory, which argues
that criminals are rational decision makers: before choosing to commit crime,
criminals evaluate the benefits and costs of the contemplated criminal act; their
choice is structured by the fear of punishment.
●● Lombrosian biological positivism has evolved into contemporary biosocial and
psychological trait theory views. Criminologists who consider themselves trait
theorists no longer believe that a single trait or inherited characteristic can ex-
plain crime, but that biological and psychological traits interact with environ-
mental factors to influence criminality. Contemporary trait theories suggest that
there is a causal link between criminal behavior and such individual level factors
as diet, hormonal makeup, personality, and intelligence.
●● The original Chicago School sociological vision has transformed into a social
structure theory, which maintains that a person’s place in the social structure

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Chapter 1 ■ Crime and Criminology 13

Concept Summary 1.2 Criminological Perspectives CHECKPOINTS


▸●Criminology has a long and rich
The major perspectives of criminology focus on individual factors (biological, psychological, and history.
choice theories), social factors (structural and process theories), political and economic factors
(conflict theory), and multiple factors (developmental theory).
▸●The first criminologists believed
that crime was a matter of free
will. This outlook is referred to
Classical/choice perspective Situational forces. Crime is a function of free will and as classical criminology.
personal choice. Punishment is a deterrent to crime.
▸●In the nineteenth century,
positivist criminologists began
Biological/psychological Internal forces. Crime is a function of chemical, neurological, to use the scientific method to
perspective genetic, personality, intelligence, or mental traits. study crime. They were convinced
that the cause of crime could be
Structural perspective Ecological forces. Crime rates are a function of neighborhood found in the individual offender.
conditions, cultural forces, values, and norms. ▸●During the early twentieth
century, sociological criminology
Process perspective Socialization forces. Crime is a function of upbringing, was developed to explain the
learning, and control. Peers, parents, and teachers effect of the social environment
influence behavior. on individual behavior.

▸●Critical criminologists attempted


Conflict perspective Economic and political forces. Crime is a function of to explain how economic forces
competition for limited resources and power. Class conflict create crime.
produces crime.
▸●Developmental criminologists
trace criminal careers over the
Developmental perspective Multiple forces. Biological, social-psychological, economic, life course.
and political forces may combine to produce crime.
▸●Contemporary criminology carries
on and refines these traditions.

controls their behavior; people are a product of their environment. Those at the
bottom of the social hierarchy, who find it impossible to achieve monetary and
social process theory
social success through conventional means, experience anomie, strain, failure, The view that criminality is a
and frustration. Social pressures, and the personal turmoil they produce, lead function of people’s interactions with
people down a path to crime. various organizations, institutions,
●● The focus of social process theory is on socialization. Theorists who hold this and processes in society.
view believe that children learn to commit crime by interacting with, and model- critical criminologists
ing their behavior after, others whom they admire. Some criminal offenders are Critical criminologists examine
people whose life experiences have shattered their social bonds to society. how those who hold political and
●● Many criminologists still view social and political conflict as the root cause of crime. economic power shape the law to
uphold their self-interests.
These critical criminologists believe that crime is related to the inherently unfair
economic structure of the United States and other advanced capitalist countries. deviant behavior
●● The Gluecks’ pioneering research has influenced a new generation of develop- Actions that depart from the social
mental theorists. Their focus today is identifying the personal traits and social norm. Some are considered criminal,
others merely harmless aberrations.
conditions that lead to the creation and maintenance of criminal careers over the
life course. crime
An act, deemed socially harmful
Each of the major perspectives is summarized in Concept Summary 1.2. or dangerous, that is specifically
defined, prohibited, and punished
under the criminal law.
Deviant or Criminal? How Criminologists
Define Crime
Criminologists devote themselves to measuring, understanding, and controlling LO2 Differentiate between
crime and deviance. How are these behaviors defined, and how do we distinguish crime and deviance.
between them?
Criminologists view deviant behavior as any action that departs from the social
norms of society.32 Deviance thus includes a broad spectrum of behaviors, ranging
from the most socially harmful, such as rape and murder, to the relatively inoffensive,
such as joining a religious cult or cross-dressing. A deviant act becomes a crime when

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14 Part 1 ■ CONCEPTS OF CRIME, LAW, AND CRIMINOLOGY

it is deemed socially harmful or dangerous; it then will be specifi-


cally defined, prohibited, and punished under the criminal law.
Crime and deviance are often confused because not all crimes
are deviant and not all deviant acts are illegal or criminal. For
example, recreational drug use such as smoking marijuana may
be a crime, but is it deviant? A significant percentage of the pop-
ulation has used recreational drugs (including some well-known
politicians—even presidents!). If an illegal act, such as smoking
pot or downloading copyrighted material, becomes a norm, should
society reevaluate its criminal status and let it become merely an
unusual or deviant act?
To argue that all crimes are behaviors that depart from the
norms of society is probably erroneous. The shifting definition of
deviant behavior is closely associated with our concepts of crime.
Where should society draw the line between behavior that is con-
sidered merely deviant and unusual and behavior that is considered
dangerous and criminal? Many deviant acts are not criminal, even
though they may be shocking or depraved. A passerby who observes
a person drowning is not legally required to jump in and render aid.
Although the general public would probably condemn the person’s
behavior as callous, immoral, and deviant, no legal action could be
taken because citizens are not required by law to effect rescues. In
Everett Collection

sum, many criminal acts, but not all, fall within the concept of devi-
ance. Similarly, some deviant acts, but not all, are considered crimes.

What is considered deviant behavior today can Becoming Deviant


be socially acceptable tomorrow. This poster is for To understand the nature and purpose of criminal law, criminologists
the 1936 film Reefer Madness, a movie depicting study both the process by which deviant acts are criminalized (become
the dangers of smoking marijuana. eighty years crimes) and, conversely, how criminal acts are decriminalized (that is,
later, pot smoking is routine behavior and legal in the penalties attached to them are reduced) and/or legalized.
several states. In some instances, individuals, institutions, or government
agencies mount a campaign aimed at convincing both the public
and lawmakers that what was considered merely deviant behavior
is actually dangerous and must be outlawed. During the 1930s, Harry Anslinger, then
FACT OR FICTION? head of the Federal Bureau of Narcotics, used magazine articles, public appearances,
and public testimony to sway public opinion about the dangers of marijuana, which
It’s a crime to ignore a
up until that time had been legal to use and possess.33 In testimony before the House
drowning person’s cries
Ways and Means Committee considering passage of the Marijuana Tax Act of 1938,
for help.
Anslinger stated,
FICTION Citizens are not
In Florida a 21-year-old boy under the influence of this drug killed his parents and
required to risk their lives to
his brothers and sisters. The evidence showed that he had smoked marihuana. In
save another unless they are
Chicago recently two boys murdered a policeman while under the influence of
bound to by occupation or
marihuana. Not long ago we found a 15-year-old boy going insane because, the
status (e.g., a lifeguard).
doctor told the enforcement officers, he thought the boy was smoking marihuana
cigarettes. They traced the sale to some man who had been growing marihuana and
selling it to these boys all under 15 years of age, on a playground there.34
decriminalized As a result of Anslinger’s efforts, a deviant behavior, marijuana use, became a
Having criminal penalties reduced criminal behavior, and previously law-abiding citizens were defined as criminal of-
rather than eliminated.
fenders. Today some national organizations, such as the Drug Policy Alliance, are
committed to repealing draconian drug laws and undoing Anslinger’s “moral cru-
sade.” They call for an end to the “war against drugs,” which they believe has become
overzealous in its effort to punish drug traffickers. In fact, they maintain, many of
the problems the drug war purports to resolve are actually caused by the drug war
itself. So-called “drug-related” crime is a direct result of drug prohibition’s distortion
of immutable laws of supply and demand. Public health problems such as HIV and

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Chapter 1 ■ CRiMe and CRiMinology 15

hepatitis C are all exacerbated by zero-tolerance laws that restrict access to clean nee-
dles. The drug war is not the promoter of family values that some would have us be-
lieve. Children of inmates are at risk of educational failure, joblessness, addiction, and
delinquency. Drug abuse is bad, but the drug war is worse.35 Their efforts have borne
some fruit: a number of states, including Colorado and Washington, have decriminal-
ized the possession and sale of marijuana.
In sum, criminologists are concerned with the concept of deviance and its rela-
tionship to criminality. The shifting definition of deviant behavior is closely associated
with our concept of crime.

The Concept of Crime


Professional criminologists usually align themselves with one of several schools of LO3 Analyze the three
thought, or perspectives. Each of these perspectives maintains its own view of what different views of the definition
constitutes criminal behavior and what causes people to engage in criminality. A of crime.
criminologist’s choice of orientation or perspective depends, in part, on his or her
definition of crime. The three most common concepts of crime used by criminologists
are the consensus view, the conflict view, and the interactionist view.

CONSENSUS VIEW OF CRIME According to the consensus view, crimes are behav- consensus view
iors that all elements of society consider repugnant. The rich and powerful as well as The belief that the majority
the poor and indigent are believed to agree on which behaviors are so repugnant that of citizens in a society share
common values and agree on what
they should be outlawed and criminalized. Therefore, the criminal law—the written behaviors should be defined as
code that defines crimes and their punishments—reflects the values, beliefs, and opin- criminal.
ions of society’s mainstream. The term consensus implies general agreement among a
majority of citizens on what behaviors should be prohibited by criminal law and hence criminal law
The written code that defines
be viewed as crimes.36 crimes and their punishments.
This approach to crime implies that it is a function of the beliefs, morality, and
rules inherent in Western civilization. Ideally, the laws apply equally to all members conflict view
of society, and their effects are not restricted to any single element of society. The belief that criminal behavior is
defined by those in power in such
a way as to protect and advance
CONFLICT VIEW OF CRIME Although most practicing criminologists accept the their own self-interest.
consensus model of crime, others take a more political orientation toward its con-
tent. The conflict view depicts society as a collection of diverse groups—such as interactionist view
The belief that those with social
owners, workers, professionals, and students—who are in constant and continuing power are able to impose their
conflict. Groups able to assert their political power use the law and the criminal jus- values on society as a whole, and
tice system to advance their economic and social position. Criminal laws, therefore, these values then define criminal
are viewed as created to protect the haves from the have-nots. Conflict criminolo- behavior.
gists often contrast the harsh penalties inflicted on the poor for their “street crimes”
(burglary, robbery, and larceny) with the minor penalties the wealthy receive for
their white-collar crimes (securities violations and other illegal business practices).
Whereas the poor go to prison for minor law violations, the wealthy are given le-
nient sentences for even serious breaches of law. The Profiles in Crime feature illus-
trates the conflict view of crime.

INTERACTIONIST VIEW OF CRIME According to the interactionist view, there is no


objective reality. People, institutions, and events are viewed subjectively and labeled
either good or evil according to the interpretation of the evaluator. The content of the
criminal law and consequently the definition of crime are subjective and can change at
any moment. The recreational use of marijuana is now legal in some jurisdictions and
illegal in others. It could easily be the other way around in those same jurisdictions,
depending on the voting public’s views, perceptions, and beliefs.
Whether a particular act fits the definition of a crime is also a function of inter-
action and perception. If a death occurs in the wake of an argument, a jury may be
asked to decide whether the act was murder, self-defense, or merely an accidental
fatality. Each person on the jury may have his or her own interpretation of what took
place. Whether the act is labeled a crime and the actor a criminal depends on the

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16 Part 1 ■ CONCEPTS OF CRIME, LAW, AND CRIMINOLOGY

PROFILES IN CRIME
A SHOOTING IN FERGUSON

O
n August 9, 2014, in Ferguson, Missouri, a crime. Legally, the grand jury’s decision rested on
suburb of St. Louis, Michael Brown, an 18-year- what happened during the pursuit of Michael Brown.
old unarmed African American youth, was Did Brown, as some witnesses asserted, have his
fatally shot by Darren Wilson, a white police officer. hands raised in surrender as he moved toward Of-
According to most accounts, shortly before the shoot- ficer Wilson? Or was Michael Brown madly charging
ing Brown and a friend, Dorian Johnson, had stolen at the officer in an attempt to attack him further,
some cigars from a local convenience store. Officer as Wilson claimed? If the latter, then the officer’s
Wilson, who at the time was not aware of the theft, behavior might be excused since he acted in self-
encountered the two young men as they were walking defense if he actually felt threatened; if the former,
down the middle of the street. From his police Wilson’s actions amounted to felony murder. Mem-
car, Wilson ordered them to move to the sidewalk. bers of the jury obviously believed Wilson’s story
According to Wilson, when the two refused to obey when they failed to indict.
the order, a scuffle broke out during which Michael Wilson could have been indicted, tried, and con-
Brown punched Wilson through the window of the victed for his act and be considered a callous, violent
police car. The fight went on until Wilson fired his gun, criminal. Instead, the jury decided not to indict, mean-
and Brown and Johnson fled down the street. Wilson ing that Wilson is not a criminal in the eyes of the law.
pursued Brown, eventually firing a total of 12 rounds The fact that a jury of his peers failed to indict Wilson
at him from a distance ranging from 10 to 30 feet. In reinforces the fact that what is a crime and who is
all Michael Brown was hit eight times, the last shot considered a criminal are not objective facts but open
causing his death. to interpretation.
A grand jury called to review the evidence in the The death of Michael Brown certainly raised
case failed to find sufficient cause to indict Darren issues about the role race plays in the construction
Wilson for the death of Michael Brown, prompting and creation of crime and criminality. Would Michael
nationwide protests condemning racial bias in the jus- Brown have been stopped by a police officer if he
tice system. was a Caucasian college student? The law should
Many questioned the grand jur y’s refusal to and must be color and gender blind. Did this inci-
indict Officer Wilson, not being able to understand dent occur because of racial profiling? Many people
how the shooting of an unarmed suspect was not a believed that the incident showed that racism still
exists in the justice system.
The “Ferguson effect” refers to the belief that
increased investigation of police activities follow-
ing the shooting of Michael Brown has led to an
increased crime rate in major US cities. Following
the shooting, murder rates increased by almost 10
percent. Do you agree that police are more cautious
Robert Cohen/Pool/epa/Corbis Wire/Corbis

since the Brown case? If so, has this more cautious


mindset influenced the nation’s violence rate? ■

Sources: Neil Gross, “Is There a ‘Ferguson Effect’?” New York Times,
September 30, 2016, https://www.nytimes.com/2016/10/02/
opinion/sunday/is-there-a-ferguson-effect.html; “What Happened
in Ferguson?” New York Times, August 10, 2015, https://www
.nytimes.com/interactive/2014/08/13/us/ferguson-missouri-town
-under-siege-after-police-shooting.html. (URLs accessed April 2017.)

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Chapter 1 ■ Crime and Criminology 17

Concept Summary 1.3 The Definition of Crime


The definition of crime affects how criminologists view the cause and control of illegal behavior
and shapes their research orientation.

Consensus view ●●
The law defines crime.
●●
agreement exists on outlawed behavior.
●●
laws apply to all citizens equally.

Conflict view ●●
The law is a tool of the ruling class.
●●
Crime is a politically defined concept.
●●
“real crimes” such as racism, sexism, and classism are not outlawed.
●●
The law is used to control the underclass.

Interactionist view ●●
moral entrepreneurs define crime.
●●
acts become crimes because society defines them that way.
●●
Criminal labels are life-transforming events.

juror’s interpretation of events. Interactionists see criminal law as conforming to the


beliefs of “moral crusaders,” or moral entrepreneurs, who use their influence to shape
the legal process as they see fit.37 Laws against pornography, prostitution, and drugs
are believed to be motivated more by moral crusades than by capitalist sensibilities.
Consequently, interactionists are concerned with shifting moral and legal standards.

A Definition of Crime
Because of their diverse perspectives, criminologists have taken a variety of ap-
proaches in explaining crime’s causes and suggesting methods for its control (see
Concept Summary 1.3). Considering these differences, we can take elements from
each school of thought to formulate an integrated definition of crime.
Crime is a violation of societal rules of behavior as interpreted and expressed by
the criminal law, which reflects public opinion, traditional values, and the viewpoint
of people currently holding social and political power. Individuals who violate these
rules are subject to sanctions by state authority, social stigma, and loss of status.
This definition combines the consensus view that the criminal law defines crimes,
the conflict perspective’s emphasis on political power and control, and the interac-
tionist concept of stigma. Thus crime as defined here is a political, social, and eco-
nomic function of modern life.

Criminology and the Criminal Law


No matter which definition of crime we embrace, criminal behavior is tied to the LO4 Articulate the different
criminal law. It is therefore important for all criminologists to have some under- purposes of the criminal law.
standing of the development of criminal law, its objectives, its elements, and how it
evolved over time.
The concept of criminal law has been recognized for more than 3,000 years.
Hammurabi (1792–1750 bce), the king of Babylon, created the most famous set of
written laws of the ancient world, known today as the Code of Hammurabi. Preserved Code of Hammurabi
The first written criminal code,
on basalt rock columns, the code established a system of crime and punishment based developed in Babylonia about
on physical retaliation (lex talionis or “an eye for an eye”). 1750 bce.
More familiar is the Mosaic Code of the Israelites (1200 bce), including the Ten
Commandments. The Mosaic Code is not only the foundation of Judeo-Christian Mosaic Code
The laws of the ancient Israelites,
moral teachings but also a basis for the US legal system. Prohibitions against murder, found in the Old Testament of the
theft, perjury, and adultery preceded, by several thousand years, the same laws found Judeo-Christian Bible.
in the modern United States.

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
18 Part 1 ■ CONCEPTS OF CRIME, LAW, AND CRIMINOLOGY

Common Law
The present system of law can be traced back to the reign of Henry II (1154–1189),
when royal judges began to publish their decisions in local cases and their legal rea-
precedent soning became precedent, to be applied in similar cases around the land—hence the
A rule derived from previous judicial term common law. Crimes such as murder, burglary, arson, and rape are common-law
decisions and applied to future crimes whose elements were initially defined by judges. They are referred to as mala
cases; the basis of common law.
in se, or inherently evil and depraved. When the situation required, the English Par-
common law liament enacted legislation to supplement the common law shaped by judges. Crimes
Early English law, developed defined by Parliament, which reflected existing social conditions, were referred to as
by judges, which became the mala prohibitum, or statutory crimes.
standardized law of the land in
England and eventually formed the
Before the American Revolution, the colonies, then under British rule, were sub-
basis of the criminal law in the ject to the common law. After the colonies acquired their independence, state legis-
United States. latures standardized common-law crimes such as murder, burglary, arson, and rape
by putting them into statutory form in criminal codes. As in England, whenever com-
statutory crimes
Crimes defined by legislative
mon law proved inadequate to deal with changing social and moral issues, the states
bodies in response to changing and Congress supplemented it with legislative statutes, creating new elements in the
social conditions, public opinion, various state and federal legal codes.
and custom.

felony Contemporary Criminal Law


A serious offense that carries a
penalty of imprisonment, usually Criminal laws are now divided into felonies and misdemeanors. The distinction is
for one year or more, and may based on seriousness: a felony is a serious offense, a misdemeanor a minor or petty
entail loss of political rights. crime. Crimes such as murder, rape, and burglary are felonies; they are punished with
long prison sentences or even death. Crimes such as unarmed assault and battery,
misdemeanor
A minor crime usually punished by
petty larceny, and disturbing the peace are misdemeanors; they are punished with a
a short jail term and/or a fine. fine or a period of incarceration in a county jail.
Regardless of their classification, acts prohibited by the criminal law constitute
behaviors considered unacceptable and impermissible by those in power. People who
engage in these acts are eligible for severe sanctions. By outlawing these behaviors,
the government expects to achieve a number of social goals:
●● Enforces social control. Those who hold political power rely on criminal law to for-
mally prohibit behaviors believed to threaten societal well-being or to challenge
their authority.
●● Discourages revenge. By punishing people who infringe on the rights, property, and
freedom of others, the law shifts the burden of revenge from the individual to the
state. Although the application of state retaliation may offend the sensibilities
of some people, as Oliver Wendell Holmes stated, it prevents “the greater evil of
private retribution.”38
●● Expresses public opinion. Criminal law reflects constantly changing public opinion
on such controversial acts as using recreational drugs, selling obscene material, or
performing abortions. Criminal law is used to codify these changes.
●● Teaches moral values. By observing how the law is applied, people, especially chil-
dren, learn to distinguish between appropriate and prohibited behavior. Applica-
tion of the criminal law provides a moral lesson.
●● Deters criminal behavior. Criminal law has a social control function. Because it ap-
plies criminal punishments such as fines, prison sentences and even death, it is
designed to control, restrain, and direct human behavior and prevent crimes be-
fore they occur.
●● Applies “just desert.” Those who violate criminal law are subject to criminal sanc-
tions because they have maltreated others and harmed society. It is only fair
then that they should be punished for their misdeeds; offenders deserve their
punishments.
●● Creates equity. Criminals benefit from their misdeeds. People who violate security
laws can make huge profits from their illegal transactions. Through fines, forfei-
ture, and other economic sanctions, the criminal law redistributes illegal gains
back to society, thereby negating the criminal’s unfair advantage.

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Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
Chapter 1 ■ CRiMe and CRiMinology 19

●● Maintains the social order. The legal system is designed to support and main-
tain the boundaries of the social system they serve. Our economic and so-
cial system is also supported and sustained by criminal law.

The Evolution of Criminal Law


The criminal law is constantly evolving in an effort to reflect social and eco-
nomic conditions. Sometimes legal changes are prompted by highly publicized
cases that generate fear and concern. A number of cases of celebrity stalking,
including Robert John Bardo’s fatal shooting of actress Rebecca Schaeffer on
July 18, 1989, prompted more than 25 states to enact stalking statutes. Such
laws prohibit “the willful, malicious, and repeated following and harassing

A. C. Cooper Ltd., by permission of The Inner Temple, London


of another person.” 39 California’s sexual predator law, which took effect on
January 1, 1996, allows people convicted of sexually violent crimes against
two or more victims to be committed to a mental institution after their prison
terms have been served.40
The criminal law may also change because of shifts in culture and social
conventions and thus may reflect a newfound tolerance for behavior con-
demned only a few years before or, conversely, condemnation of behavior that
was heretofore considered normative and legal. Take these examples:
●● Rape law. In several states, including California and Maryland, the law has
evolved so that it is now considered rape if a woman consents to sex, the
sex act begins, she changes her mind during the act and tells her partner to
Common law was created by english
stop, and he refuses and continues. Before this legal change, such a circum-
judges during the Middle ages. it
stance was not considered rape but merely aggressive yet consensual sex.41
unified local legal practices into a
●● Adult same-sex relations. Another example of how changing morals may be
national system of laws and
reflected in the law can be found in the case of Lawrence v. Texas, where
punishments. Common law serves as
the Supreme Court declared that state laws criminalizing sexual relations
the basis for the american legal system.
between consenting adults, heretofore classified as sodomy, were unconsti-
tutional because they violated the due process rights of citizens because of
their sexual orientation.42 Because consensual sex between same-sex adults was
now legal, the Lawrence decision paved the way for the eventual legalization of
same-sex marriage by the Supreme Court in 2015.43
FACT OR FICTION?
●● Drug legalization. A number of states have now legalized recreational use of The definitions of long-
marijuana, while others have legalized it for medical purposes. In Colorado, established common-law
an adult 21 years of age or older can now legally possess one ounce of mari- crimes such as rape, robbery,
juana. In addition to buds (flowers), many types of concentrated and edible and murder never change.
forms of marijuana can be legally purchased and consumed as long as it is not FICTION Even well-established
in an open and public place (if caught in public, a fine will be issued). Nonresi- criminal laws defining murder
dents are allowed to purchase no more than a quarter-ounce (seven grams) in and rape are not set in stone
a single transaction, a restriction designed to prevent visitors from going from and may change to reflect
one retail store to another and stockpiling marijuana for export.44 Colorado is current norms and values.
not alone: at this writing, 25 states and Washington, DC, have legalized mari-
juana use in some form, most for medical purposes; recreational marijuana use
is fully legal in eight states.

LO5 Outline the criminal


Criminology and Criminal Justice justice process.
Not only is the study of criminology bound up in the criminal law, it is also closely linked
to the workings of the criminal justice system. Although the terms criminology and crimi-
nal justice may seem similar, and people often confuse the two or lump them together, criminal justice
there are major differences between these fields of study. Criminology explains the etiol- System made up of the agencies
ogy (origin), extent, and nature of crime in society, whereas criminal justice refers to the of social control, such as police
departments, courts, and
study of the agencies of social control—police, courts, and corrections. While criminolo-
correctional institutions that
gists are mainly concerned with identifying the suspected cause of crime, criminal justice handle criminal offenders.
scholars spend their time identifying effective methods of crime control.

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Another Random Scribd Document
with Unrelated Content
Stroh: Op. cit. p. 6.
[8] See A. G. Nathorst’s introduction to the edition of
Swedenborg’s Scientific Works of the Royal Academy of Sciences,
Vol. I., 1907.
[9] See ›Vierteljahrschrift der Astronomischen Gesellschaft›,
Part 14, 1879, quoted from A. H. Stroh: Op. cit. p. 8.
[10] See S. Arrhenius’ introduction to the edition of Swedenborg’s
Scientific Works of the R. Acad. of Sciences, Vol. II., 1908.
[11] See Gustaf Retzius: Preface to ›E. Swedenborg’s Scientific
Works›, edit. by the R. Acad. of Sciences, Vol. I., 1907, p. V. et
seqq.
[12] Emanuel Swedenborg was born at Stockholm, January 29th,
1688; matriculated at the University of Uppsala and
›Västmanlands-Dala-nation›, 1699; Diss. cum consensu Fac.
Philos. publico examini submissa, Upsaliæ, 1. Junii, 1709;
appointed assessor extraordinary in the Royal College of Mines,
1716; ordinary assessor in the same College, 1724; retired from
the assessorship, 1747; died in London, March 29th, 1772. His
name was Swedberg until the year 1719, when he was ennobled
and his name changed to Swedenborg.
[13] Epistola Eman: Swedbergii ad Ericum Benzelium, Londini,
Oct., 1710. See Emanuel Swedenborg: Opera quædam aut inedita
aut obsoleta de rebus naturalibus, nunc edita sub auspiciis Regiæ
Academiæ Scientiarum Suecicæ, I. Geologica et Epistolæ, Edit.
Alfred H. Stroh, Holmiæ, 1907, p. 206 et seqq.
[14] Epist. Em. Sw. ad E. Benz., London, April, 1711, see Op.
cit. p. 208 et seqq.
[15] Epist. Em. Sw. ad E. Benz., London, Augusti, 1712, see
Op. cit. p. 218 et seqq.
[16] Epist. Em. Sw. ad E. Benz., Paris, Augusti, 1713, see Op.
cit. p. 222 et seqq.
[17] Epist. Em. Sw. ad E. Benz., Rostock, September, 1714,
see. Op. cit. p. 224 et seqq.
[18] Suggestions for a Flying Machine by Emanuel Swedenborg,
translated from the original Swedish by Hugo Lj. Odhner and Carl
Th. Odhner, published by the Swedenborg Scientific Association,
Philadelphia, Pa., 1910.
[19] Dædalus Hyperboreus, Eller Några Nya Mathematiska och
Physicaliska Försök och Anmerckningar: Som Wälborne Herr
Assessor Polhammar och Andre Sinrike i Swerige Hafwa giordt
Och Nu tijd efter annan til almen nytta lemna. Printed in Uppsala
(and Skara), 1716-1718. Preface by Em. Svedberg, Stockholm, Dec.
23rd, 1715.
[20] ›Förslag til wart Mynts och Måls Indelning, så at
Rekningen kan lettas och alt Bråk afskaffas›. Stockholm, Kongl.
Boktryckeriet, 1719, 8 pp. 4:o. See Alfred H. Stroh and Greta
Ekelöf: Chronological list of the works of Emanuel Swedenborg,
dedicated to the Swedenborg Society by the Royal Swedish
Academy of Sciences, Uppsala and Stockholm, 1910, pp. 17 and
19.
[21] Eman. Swedbergs Assess. i Kongl. Bergz Coll. Försök At
finna Östra och Westra Lengden igen igenom Månan, Som Til the
Lärdas ompröfwande framstelles. Upsala, 1718. See Alfr. H.
Stroh and G. Ekelöf: Op. cit. p. 17. See also the letters of Eman.
Swedberg ad Ericum Benzelium in the Swedenborg edition of the
Acad. of Sciences, Vol. I.
[22] See E. Liljedahl: ›Swedenborg›, Stockholm, 1908; and Hj.
Holmquist: ›Från Swedenborgs ungdom och första stora
verksamhetsperiod›, Bibelforskaren, 1909, No. 3.
[23] See also Alfr. H. Stroh and G. Ekelöf: Chronological list of
the works of E. Swedenborg, pp. 15 and 16. The titles of the
three pamphlets are in English: ›On the way to improve
commerce and manufactures›, ›Memorial on the institution of
saltboileries in Sweden›, ›On the utility and necessity of
instituting an observatory in Sweden›.
[24] ›Om Watnens Högd och Förra Werldens starcka Ebb och
Flod, Bewjs utur Swergie›. (Stockholm, 1719; see also Acta
Literaria Sueciæ Upsaliæ publ. 1720, pp. 5-11). Reprinted in the
edition of Swedenborg’s Scientific works, publ. by the R. S. Acad.
of Sciences, Vol. I., pp. 1-27.
[25] See concerning this the above-named work by Hj.
Holmquist, in which he says p. 223 concerning Swedenborg’s
method of research: ›Swedenborg himself indicates the scientific
method which he followed: first, the collecting of as many
experiments and investigations as possible, afterwards the
working over of these according to the laws of geometry, and
lastly, speculation, hypotheses: ’as long as proofs are lacking,
principles may not be accepted and hypotheses defended, as they
then deserve better the name of fantasies than of principles’.
’Experientia, geometria et facultas ratiocinandi’, experience,
geometry and reason, were the foundations of Swedenborg’s work
both within the world of nature and that of spirit.›
[26] See ›Œconomia Regni Animalis›, Vol. I., No. 360, where
Swedenborg mentions Parts IV., V., VI. of the Œc. R. A.
[27] Œc. R. A. Vol. III., ›De Fibra›, translated into English by
Rev. Prof. Alfred Acton in ›New Philosophy›.
[28] See Œc. R. A. Vol. II., Nos. 71-75, 76-82, 112; III. No. 59,
etc.
[29] See Œc. R. A. Vol. II., Nos. 100, 101, 191; ›Quod
sensationes externae non ad ulteriores metas quam ad
sphaerulas corticales pertingant, id satis in confirmato est,
quando hae fibrarum nervearum et medullarium sunt principia›;
and 113, 130, 140, 141, etc. See also ›The Brain› No. 98.
[30] As observed in Quain’s ›Elements of Anatomy›, Tenth
edition, edit. by E. A. Schäfer and G. D. Thane, Vol. III., Part. I, p.
39: ›The term medulla oblongata, as employed by Willis and
Vieussens, and by those who directly followed them, included the
crura cerebri and pons Varolii, as well as that part to which by
Haller first, and by most subsequent writers, this term has been
restricted.›
[31] See Œc. R. A. Vol. II., Nos. 83-85, 91, 93, 95, 114, 140:
›Proinde cum totidem origines motus sunt, quot sphaerulae istius
substantiae;› and 144, 146: ›Sic distinctissime quaevis
(sphaerula) suam fibrulam animat & usque ad ejus finem in
fibram corporis motricem influit;› 157 and 191-194-95, 202 etc.
See also ›The Brain›, No. 399.
[32] So, for example, in Œc. R. A. Vol. II., No. 100: ... ›quod
Cortex sit principalis totius Cerebri substantia; in ipso termino
primo Fibrarum et ultimo Arteriarum sita; See also Œc. R. A. Vol.
II., 111-116, 133, 134, 138, 152, 197, 290, etc., or, for example,
Œc. R. A. III., No. 127, fin., and No. 404, where we read as
follows: ›Ex anatome Cerebri id constat, quod Cerebrum, seu
substantia ejus corticalis, quae proprie cerebrum audit, sit
Sensorium commune, nam quinque organa suos sensus externos
ad corticem ut ad suum sensorium commune et unicum internum
referunt. Cerebrum corticale etiam est Motorium commune
voluntarium, quicquid enim agendum est mediantibus nervis et
musculis, id praevia voluntate a cerebro determinandum est.›
[33] Œc. R. A. II., 107: ›Partes hujus substantiae — — —
merentur Organa Sensuum interiorum et Cerebellula nuncupari,
nam media substantia medullari et sanguine ab Organis externis
alluentes modos et tactus recipiunt, et ad judicem animam
referunt.› See also Œc. R. A. 191, 192, Œc. R. A. II., 195: — —
›Substantiae Corticales totidem sunt Cerebellula, — —; singula
enim sensorium est in particulari, quale est Cerebrum in
communi.›
[34] Œc. R. A. II., 193: ›Haec minime effectum consequerentur,
— — — nisi partes substantiae Corticalis inter se, atque in gradus
et series sint divisae, in quales sunt modificationum causae: seu
nisi series substantiarum corticalium sint uti series sensationum;
nisi sphaerularum Corticis perfectissima sit varietas harmonica, ita
ut nulla earum, praeter qua essentialia et attributa, alteri sit
simillima.› For the same see also ›Regnum Animale›, VII., chap.
XX; Œc. R. A. II., No. 307: ›Ex lustratione ipsius Cerebri apparet,
quod substantiae corticales ita Sapienter sunt ordinatae, ut
cuilibet sensationi externae ad amussim correspondeant; nam
dictae substantiae, ut unitates glomatim in quendam numerum
coalescunt, et hi glomuli tanquam novae unitates in congeries
adhuc majores, et hae in maximam, quae est ipsum Cerebrum:
singulae partitiones discriminatae sunt per rimas, sulcos et
anfractus, et consertae per vasa et productiones meningeas, sic
ut quasi sint numeri unitatum in analogiae formam redacti,
prorsus ut decet sensorium commune, quod recepturum sit
omnem speciem sensationis externae, distinctim suum visum,
distinctim auditum, gustum et olfactum. Œc. R. A. II., chap. XX.
[35] Œc. R. A. II., No. 192, ›Ex anatome Cerebri in ipsius oculi
luce est, quod radii visuales medio nervo optico influant in
thalamos nervorum opticorum, et abinde per collectas e toto
Cerebro, perque Fornicis basin transmissas, et thalamis
superinstratas fibras, quaquaversum in corticem diffundantur.›
[36] Œc. R. A. II., No. 192. — — ›quod subtiles tactus
membranae Olfactoriae cavitates labyrintheas narium investientis,
et inde oriundae subtiles contremiscentiae aut modificationes per
laminam cribrosam et processus mammillares in Corpora striata,
aut in medullam totius centri ovalis enitentes non desinant nisi in
peripheriam fibrarum, seu in ambitum corticalem;› See also II.,
38-42, where the processus mamillaris is supposed to mediate a
reflex action from the sense of smell upon the muscles of
breathing.
[37] Œc. R. A. II., No. 101: — — ›totidem origines motus sunt,
quot sphaerulae illius substantiae (corticis)›; II., 140, 153, etc.
[38] Œc. R. A. II., No. 146, ›Sic distinctissime quaevis
(Sphaerula) suam fibrulam animat, et usque ad ejus finem in
fibram corporis motricem influit›; see also II., 135, 147, 150, 156:
›Ex his ... fluit consequens de singulis Cerebellulis ..., quod vitiato
uno aut pluribus ... contagium se non latius quam in appensas
fibras et subjectos musculos immediate extendat.› And III., 59,
127, at the end, and 197.
[39] Œc. R. A. II., No. 147: ›Sphaerulae illum sortitae sunt in
Cerebro ordinem et situm, ut singulae aut plures simul, aut
omnes in communi queant systolen suam et diastolen perficere›.
Œc. R. A. II., No. 156: ›Quare ita compaginatum est Cerebrum,
ut totum queat alterna vertigine auferri, utque solum ejus
medietas aut semiglobi Haemisphaerium; aut solum plures aut
una circumgyratio; aut utmodo hujus glomus, minor congeries,
aut pars.› The same in ›The Brain›, No. 104 c.
[40] Œc. R. A. I., No. 505: ›Ergo inquirendum venit, qui tori
corticei his aut illis musculis in Corpore correspondent; quod fieri
non potest nisi per experientiam in vivis Animalibus; per
punctiones, sectiones et compressiones plurium, perque inde in
Corporis musculis redundantes effectus.›
[41] Œc. R. A. II. Nos. 151, 157: › — — — licet ipsa fibra
Cerebri non agat motricem in musculis, agit tamen in utraque illa
Medulla, quarum fibras ad sic non aliter agendum disponit, uti ab
Anatomia Cerebri tam humani, quam animalium brutorum, imo
insectorum, clare colligitur: idque ob rationem, ut Cerebri
Voluntarium abeat in spontaneum et naturale mediis Medullis, ne
toties in particulares profundas motiones auferatur, quoties actio
semel incepta ex consueto continuanda sit; id ejus sublimiorum
officiorum administrationem toties alias interturbaret, et in
Homine analyses rationales, quae quietiorem Cerebri statum
poscunt: quare ut primum actio voluntaria poscit seriem
agendorum continuam, Cerebrum annuet et consentiet, tum et
actionis actualitatem producet: Sic ejus est causa principalis,
Medullis autem incineratis injuncta secundaria.› See also I., No.
574:—›origo secundaria vel causa intermedia actionum
Voluntariarum in Spontaneas abeuntium sit in Medulla Spinali et
oblongata.›
[42] Œc. R. A. II., No. 107: ›Partes hujus substantiae ex eadem
ratione merentur Organa Sensuum interiorum, et Cerebellula
nuncupari›. See also II., No. 191, etc.
[43] Œc. R. A. II., No. 159: ›Id jam extra omnem dubitationis
aleam ponimus, quod substantia corticalis sit determinans, licet
non omnium primum, actionum Corporis, quia determinans est
fibrarum, et fibrae musculorum, a quibus actio›. — — — II., No.
160: ›Sed hae substantiae corticales licet sunt determinantes
actionum sui Corporis, respective tamen sunt modo
subdeterminantes et mediantes, quibus respondent
subdeterminantes in Corpore, quae sunt fibrae motrices.› See
also II., No. 204.
[44] Œc. R. A. II., No. 277: ›— — — dicere quod Anima sit
supra mentem intellectualem, — — —› See also II., No. 280. II.,
No. 160: ›Per illas (substantias corticales) etenim determinatur in
actum voluntas, cujus principium altius est rimandum. — — —
requiritur vis altior, sublimior, principalior, et universalior, in qua sit
principium voluntatis, qua his mediis determinatur in actum.
Proinde est fluidum spirituosum, in quo est vita, et proinde
anima.›
[45] Œc. R. A. II., 285: ›Ex his jam sequitur, quod Anima sit,
quae intelligit, cogitat, judicat, vult, desiderat, imaginatur, cupit,
reminiscitur, videt, audit, gustat, odorat, sentit, loquitur, agit, —
— —.› See also II., 287.
[46] Œc. R. A. II., No. 160, 161: ›Et haec denique concludit,
quod sit anima, quae huic fluido (spirituoso) inest, cujus est
determinare in actum.› II., 165. II., 303: ›Ipsum Fluidum
Spirituosum est substantia eminenter organica suae Animae; uti
Oculus est organum visus, Auris auditus, Lingua gustus,
Cerebrum perceptionis omnium›; etc. See also ›The Brain›, No. 7.
[47] See for example Œc. R. A. II., No. 246: — — — ›sic etiam
quod hoc Fluidum sit Spiritus et Anima sui Corporis›. — — — Œc.
R. A. III., No. 317: ›Anima est purissima essentia animalis,
caelestis et spiritualis, quae fibram simplicem excitat et simul
sanguinem tam candidum quam rubrum ingreditur.›
[48] See also Œc. R. A. II., No. 348: ›Ex his jam praemissis
usque ad fidem intellectus demonstrari potest, quod Fluidum
Spirituosum humanum immunissimum sit ab omni injuria
contingentium in regione sublunari; nec exstinguibile, sed
immortale, tametsi non per se, post casum sui Corporis. Quod
exsolutum a vinculis et laqueis terrestrium in omnem sui Corporis
formam coaliturum sit et victurum vitam omni imaginatione
puriorem. Tum quod nulla sit actiuncula ex consulto, et nulla
vocula ex consensu, in vita ejus corporea, edita, quae non
affulgente luce sapientiae, inhaerenter designatae, tunc ante ejus
conscientiae judicium, distincte compariturae sint›.
[49] Œc. R. A. II., No. 303: ›usque eodem recidit, sive
memoratum fluidum dicimus Spiritum aut Animam, sive ejus
facultatem sibi repraesentandi universum et intuendi fines, nam
unum non concipi potest, quia non datur sine altero.›
[50] J. J. Garth Wilkinson has published Part I. in an English
translation in 1843, and Parts II. and III. in 1844, London.
[50 b] ›Regnum Animale›, Pars quarta: ›De Sensibus›, publ. by
IM. TAFEL, London, 1848; transl. into English by Enoch S. Price in
›New Philosophy›; ›R. A.›, Pars septima: ›De Anima›, publ. by IM.
TAFEL, Tübingen and London, 1849; transl. into English by Frank
Sewall, New York, 1887 and 1900.
[51] The words enclosed in parentheses have been added by
the author of this paper to make the meaning more clear, and are
unmistakeably inferred from the connection.
[52] As Professor G. Retzius also says in his ›Croonian lecture›,
delivered in London, 1908: ›The theses cited [especially those
concerning the localization of the motor centres in the cerebral
cortex] are drawn up with such precision by Swedenborg that they
cannot possibly be based on divination only, but must rest upon a
real grasp of natural phenomena as well as on actual experiments
and dissecting work›.
[53] See ›Œconomia Regni Animalis›, I., Nos. 559 et seqq.;
also 571 and 572, and R. Vieussens: ›Neurographia universalis›,
Lugduni, 1685, pp. 123, 124, etc.
[54] See ›Œconomia Regni Animalis›, I., Nos. 559 et seqq., as
also R. Vieussens: ›Neurographia universalis›, Lugduni, 1685, pp.
123, 124, et seqq.
[55] See Boerhaave: ›Institutiones medicae›, Lugduni Batavor.
1720, No. 415: ›Ergo musculi voluntarii nervos habent ultimo
oriundos a cerebro. Illi vero, qui spontaneis, vitalibusque motibus
serviunt, a cerebello nervos accipiunt.›
[56] See Th. Willis: ›Cerebri Anatome›, Amsterdam, 1667, pp.
73-74: ›Cerebrum motuum et conceptuum omnium origo et fons.
Sensus et motus, item passiones et instinctus mere naturales,
licet a Cerebro quadantenus dependent, tamen proprie in Medulla
oblongata et Cerebello aut perficiunter aut ab iis procedunt.
[57] See Œc. R. A. III., No. 404, etc.: ›Medulla oblongata — —
— sensorium et motorium commune tam Cerebri quam Cerebelli,
sed secundarium et instrumentale superius. Medulla spinalis
similiter — — — sensorium et motorium commune, sed
secundarium et instrumentale inferius.›
[58] Œc. R. A., III., No. 133: ›Substantia — — — corticalis est
ipsum Cerebrum seu Sensorium — — — commune›; No. 404, etc.
[59] See R. Descartes: ›Tractatus de homine›, Lugd. Bat. 1662,
pp. 77, 81, 82; 32, 67 etc.: 72, 79 etc.
[60] See H. Boerhaave: ›Institutiones medicae›, Lugd. Bat.
1720, p. 253: ›Sensorium commune est pars cerebri, — — —,
adeoque, ut apparet, medulla cerebri in capite;› and Boerhaave:
›Praelectiones academicae, (published by Haller), Göttingen,
1743, p. 451: ›Haec ergo sedes animae non est in pineali
glandula, uti Cartesius voluit,—neque est in medulla spinali, neque
est in cerebello, verum in fornicata medulla circumstante
cavitatem ventriculorum cerebri.›
[61] See Casp. et Thom. Bartholin: ›Instit. anatom.›, 1641, p.
265: ›Putamus enim in Cerebro proprie dicto, vel cortice servari
spiritum animalem pro sensu, in medulla vero tota tam quoad
caput quam quoad caudam, reservari spiritum pro motu.›
[62] See Thomas Willis: ›Cerebri Anatome., 1667, pp. 76, 77:
›Etenim existimare fas est, spiritus animales — — in corticali
cerebri substantia procreari› — — — ›hæ partes medullares
spirituum animalium exercitio et dispensationi — — — inserviunt;›
and J.J. Winslow: ›Exposition anatomique — — —›, 1732, IV., p.
210: ›Willis nous donne un système tout-à-fait particulier. Il loge
le sens commun dans le corpus striatum ou corps rougé,
l’imagination dans le corps callosum, et la mémoire dans l’écorce
ou dans la substance grisâtre qui envelloppe la blanche.›
[63] See M. Malpighi: ›Opera Omnia›, 1686-87, Tom. II., p. 85:
›Suspicari possumus minimis hisce glandulis ex delato sanguine
separari, recolligique particulas illas a natura ad promendum
instrumentaliter sensuum destinatas, quibus per nervorum tubulis
delatis continuatae partes inbibantur et turgeant.›
[64] See Malpighi: ›Opera Omnia›, 1686-87, Tom. II., De
Cerebri cortice, pp. 78 et seqq. ›In — — cerebro corticem
affusum minimarum glandularum proventum et congeriem esse
deprehendi: hæ in cerebri gyris et protractis veluti intestinales, ad
quæ desinunt albæ nervorum radices, vel inde, si mavis, oriuntur
— — —›; and Swedenborg: Œc. R. A. II., Nos. 76-82, 112, 114 etc.
[65] See Boerhaave: ›Institutiones medicae›, 1720, No. 266:
›folliculi illi minimi glandulosi emittunt tenues fibras, albas,
compactas quibus adenutis fit callosum, medullosumque corpus›
— — —; No. 274: ›fibras has canaliculos tenuissimos pervios
esse, qui in se excipiant humorem corporis humani omnium
quidem subtilissimum, qui fabrica mirifica corticis praeparatus,
secretus atque vi in has fistulas impulsus est, ex omni quidem
parte hujus in medullam oblongatam collectus; see also No. 263;
No. 284: ›fibrillas nerveas humorem medullae — — ad omne
punctum totius corporis distinctissimis viis deferre.› — —
[66] ›Nisi mutua sit connexio et perpetua communicatio
substantiae medullaris qua fibrillas et manipulos intra thecam
vertebralem et cranium, undecunque ducitur ad corticem cerebri.
— — —› (Œc. R. A. II., No. 193; See also No. 115).
[67] See above Casp. and Thom. Bartholin: ›Inst. Anat.›, 1645,
p. 265.
[68] See H. Boerhaave: ›Inst. Med.›, 1720, N. 574. or 274.
[69] See above A. v. Haller: ›Elem. Physiol.›, 1762, IV., p. 392.
[70] Œc. R. A. loco cit. and II., 88. See also A. Pacchioni:
›Opera›, Ed. quarta, Romæ, 1741, p. 112.
[71] See Boerhaave: ›Instit. med.›, 1720, No. 570, 574. The
edition used by Swedenborg was printed 1727.
[72] ›Nempe in sensorio communi distinctas loco provincias
esse pro diversis sensibus, uti cuilibet sensui suum externum
proprium organum datum est.› Boerhaave: ›Prael. acad.›,
published by Haller 1743, Vol. IV., p. 435. See also Boerhaave:
›Inst. med.›, 1720, No. 568.
[73] These lobes are, as he says, ›marked out and
encompassed by the carotid artery, a statement by which he
probably means the same as Ridley, when the latter says of the
whole anterior region that it is marked out, as it were, by two
branches of the carotid artery, one at the front and one at the
side, i. e., Arteria cerebri anterior and Arteria cerebri media.
[74] J. J. Wepfer: ›Observationes anatomicæ ex cadaveribus
eorum, quos sustulit Apoplexia›. Amstelædami, 1681, pp. 5-11,
Case II.
[75] See A. Pacchioni: ›Opera›, Ed. quarta, Romæ, 1741, p.
112.
[76] See J. B. Winslow: ›Exposition anatomique de la Structure
du corps humain.› Paris, 1732, IV., p. 210. With Willis one also
finds the same subdivision of the hemispheres of the brain into an
anterior and a posterior ›province›, as that employed by
Swedenborg.
[77] Vieussens: ›Neur. univ.›, pp. 115, 117, and Tab. X.
[78] Op. cit., pp. 115, 117, and Tab. XVI.
[79] Op. cit., pp. 115, 117 and Tab. XV.
[80] Œc. R. A. II., No. 153: ›Experientiae est et temporis, ut
evestigetur, qui gyrus et qui serpens tumulus in cerebro hunc aut
illum musculum ut correspondentem suum in corpore respiciat.
’Cuniculos cerebri serpere, per autopsiam deprehenditur’ ait Clar.
Pacchionus, Bellinus et alii plures.›
[81] See Malpighi: ›Op. omnia›, II., De Cerebro, p. 2, and
Swedenborg: Œc. R. A., II., Nos. 82, 58, etc.
[82] Malpighi: ›Opera omnia›, 1686-87, II., De Cerebri cortice,
p. 78, and Swedenborg: Œc. R. A., II., Nos. 76-82, 112, 114, etc.
[83] Malpighi: Op. cit. p. 78: ›Harum glandularum distinctionem
affuso atramento (ink) et leviter gossypio deterso, videbis,
intercepta enim spatia ita denigrantur, ut circumscriptas glandulas
facilius exhibeant.› See also Œc. R. A. No. 76.
[84] Malpighi: Op. cit., p. 79: ›Corticales hae glandulae tortuose
locatae exteriores cerebri gyros componunt, et exorientibus inde
medullaribus fibris seu vasculis appenduntur›. See also Œc. R. A.,
II., No. 76.
[85] See Œc. R. A., II., No. 191: ›Quod sensationes externæ
non ad ulteriores metas quam ad sphaerulas corticales
pertingant, id satis in confirmato est, quando hae fibrarum
nervearum et medullarium sunt principia, ultra quae si
progrederentur, ut si in arteriolas aut meninges, tunc praescriptos
terminos superscanderent et a centris in remotiores peripherias
se conjicerent.›
[86] See Œc. R. A., III., No. 127: ›Si enim vivum corticem in
apertis cerebris lente microscopica, sive delineatum ex vivo
contemplamur, evidenter conspicitur, quomodo fibra ex illo
procedat, et tanquam rivulus ex fonticulo scaturiat; id etiam in
hydrocephalis, apoplecticis, catalepticis, paralyticis, maniacis,
motibus convulsivis et spasmis cynicis vexatis confirmatur, nam
ipsa labes substantiæ eorum corticalis post mortem deprehensa
in continuas fibras, et tandem in musculares, unde prodeunt
actiones et inconcinni motus, derivatur. — — — Ergo, quia
substantia corticalis est parens fibrarum, sequitur, quod cerebrum
non nisi quam in hac sua substantia incipiat cerebrum esse,
quatenus ibi est receptaculum sensationum seu sensorium
commune, et simul principium actionum, seu motorium
commune.›
[87] See Œc. R. A., II., No. 156: ›Vitiato uno cerebellulo aut
pluribus in toto, contagium se non latius quam in appensas fibras
et subjectos musculos immediate extendat.›
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