Conflict Vs. Consensus Models Of Criminal Justice

Exam #1 Review 1. Conflict vs. Consensus Models of Criminal Justice Consensus Model a. This model of criminology views criminal law as reflecting the interest of the public b. Incorporates a utilitarian perspective Conflict Model c. According to this model of criminology, criminal law serves the interests of the elite and powerful at the expense of the majority of society. d. Rooted in traditional Marxism Consensus Perspective e. A product of social values and needs f. Emile Durkheim suggested that crime is functional to society by providing clear boundaries of socially acceptable behavior. Conflict Perspective g. Law is considered to be a reflection of the interests of the powerful and elite groups.

2. Define criminology- “The study of
the processes of making laws, breaking laws, and reacting towards the breaking of laws” 3. Define paradigm-competing theoretical perspectives 4. The scientific methods incorporates both theory and observation. Definitions of Crime (and who proposed each) a. Legalistic  Tappan Defines crime as “an intentional act in violation of the criminal law (statutory and case law), committed without defense or excuse, and penalized by the state as a felony or misdemeanor” (Tappan, 1947:100).  Excludes any behaviors that are not punished by law enforcement including behavior that is not criminalized, detected or reported.

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modified legalistic   Sutherland Definition is similar to Tappan’s legalistic definition, but suggests that crime is a behavior that causes injury to the State. Sutherland suggested that “an unlawful act is not defined as criminal by the fact that it is punished, but by the fact that it is punishable” c. normative   Mannheim & Sellin Defined crime broadly as a violation of conduct norms. Recognizes that not all antisocial behaviors are going to be prohibited by legal code at all places, at all
times.

d. new/critical Herman & Julia Schwendinger  Broadest criminological conceptualization of crime and deviance  Definition of crime is primarily humanistic and founded on the notion of human rights and includes both individuals and institutions as offenders. 5. Paradigms in criminology Paradigms are much broader than theories. a. Theoretical orientation b. “school of thought” Included in paradigms are specific assumptions about a phenomenon and the theoretical premise on which theories within a paradigm are based Theoretical integration  Suggests that no one particular set of assumptions or theory can fully explain a phenomenon.  Rests on the premise that by integrating two or more theoretical approaches, crime can be more fully understood.  Life-Course Criminology Critical Criminology  Rooted in new, radical, and Marxist perspectives.

 Rejects official (State) definitions of crime.  Provides insight into the cause of crime by questioning why most criminal offenders are lower in the social hierarchy and have little power.  Examines why the powerful and elite are rarely punished for wrongdoing. Interactionism  Suggests that crime is a product of interaction between the offender and society.  Focuses on the actions and reactions of individuals and groups and how they affect behavior.  Provides the theoretical framework for studying victimless crimes.  Labeling theories are at the forefront of this paradigm. Postivism  Assumes that forces beyond an individual’s control are responsible for crime.  Crime is said to be caused by biological, social, or other pathological forces, not by individual choice.  Includes theories that examine genetic predisposition to crime as well as social causes of crime. Rational Choice  Assumes that individuals are rational beings and can weigh the costs and benefits of their actions.  Deterrence Doctrine  Routine Activity Theory

6. Criminal vs. Civil law – differences in violations, harm done to whom? Does not provide for penal sanctions, but can award monetary compensation Violations are called torts. Can be retroactive Case brought by individual petitioner against a defendant, rather than by the state.

7. Felonies-a year or more in prison 8. Misdemeanors-less than a year in prison 9. Violations-small fines no prison time 10. Relativity of Crime – what is it? And give examples/explain The idea that not all people and cultures view the same behaviors as criminal at the same time.

a. Attitudes/opinions and laws change over time and across geographical space. b. Are there any behaviors that are overcriminalized? “Movement in and out of the criminal end of the continuum” of behavior (Brown et al., 2010, p. 33). Not all behavior will be universally acceptable in all societies at all times-heroin clinic

11. Major sources of crime statistics (UCR, NCVS, SRD) Self-Reported Data James Short & Ivan Nye (1957) National Youth Survey Office of Juvenile Justice & Delinquency Prevention Strengths:  Elimination of the “middle-man” and gathers data directly from the source  Data is not subject to any type of political manipulation Weaknesses:       Comparison of trivial offenses and index crimes can be challenging. Inaccurate recall of information by subjects Sampling Memory decay/distortion Validity Reliability

 National Crime Victimization Survey (NCVS)  Began under LEAA  Currently conducted by the Census Bureau  Strengths  Vast amount of information collected about only a few particular crimes  Weaknesses  Same as with Self-Report Data

12. Define ethnocentrism- the thought that your country is superior to other countries 13. Hierarchical rule- Hierarchical Rule: the most serious crime should be reported if more than one crime was committed.

14. Uniform Crime Reports – who collects them, how often, how are crimes classified? Crime data is reported to the FBI by law enforcement agencies Participation is voluntary – yet failure to participate implies a lack of professionalism. Nearly 18,000 law enforcement agencies currently report to the FBI. UCR also collects information on law enforcement practices to evaluate effectiveness and efficiency Strengths:  Collaboration between federal, state, and local law enforcement minimizes redundancy.  Provides for comparison because the guidelines for defining crimes are the same.  Data has been collected since 1930 and are updated frequently.  Example  How is gang-related crime counted? Weaknesses:  The UCR definition of serious crime deflects attention from certain illegal acts such as white collar crime, corporate violence, and political crime.  The data can become a tool for political manipulation.  Problems with how crimes are quantified arise.  Hierarchical Rule: the most serious crime should be reported if more than one crime was committed.  Major tourist locations  Commercial vs. residential locations

15. National Incident Based Reporting System (NIBRS) who collects them? Developed in 1984 to address two primary goals: a. To enhance the quantity, quality, and timeliness of crime statistical data collection by law enforcement b. To improve the methodology used for compiling, analyzing, auditing, and publishing the data Allows for the recording of multiple offenses Includes Group A & B classifications Strengths:  Incident and victim level of analysis can change  Details about the offense and the victim are included  Victims under 12 years of age are included

 Broader range of criminal offenses  Includes non-household-based individual victims Weaknesses:  Only includes crimes that are reported to law enforcement  Inflexibility of reporting specifications  Data files are too large – only super computers can compute and analyze the data. 16. NCVS data Majority of crime occurs…  Northeast region appears to be safest  In contrast to UCR data, NCVS data suggests the majority of violent crime is found in the Western region. Data also suggests that women are more likely to be at risk of rape victimization once they are in their homes, rather than when traveling to their homes  Independent Variable (cause)  Can be manipulated  Treatment/Cause  “X” variable  Dependent Variable (effect)  The result of the independent variable  “Y” variable

17. Elements of a crime Actus Reus a. Guilty act Mens Rea b. Guilty mind 18. Four goals of criminal justice – list and explain Deterrence a. Using punishment to dissuade people from committing crime b. General – to make an example c. Specific – teaching a lesson i. Police use “bait cars” to deter car thieves

Incapacitation d. Physically removing the ability to commit crime Rehabilitation e. Modifying attitudes, values, and features that cause criminal behavior Retribution f. Using punishment to achieve a moral balance 19. Causality vs. Correlation – what is needed for causality? Correlation a. A relationship exists between two variables. Causation b. Implies that there is a causal relationship between two variables c. Requirements for Causation i. Variables must be correlated ii. Temporal ordering must be established iii. Other potential explanations must be controlled for

20. Career Criminal vs. Criminal Career Criminal Career a. amount of time spent committing crime Career Criminal b. habitual offender Maturational Reform c. Gottfredson & Hirschi suggest that criminal involvement peaks at age 16-17 and steadily declines thereafter. Selective Incapacitation

21. Explanations for female crime Otto Pollak a. Suggested that females are inherently secretive b. Says women gain confidence to deceive men through sexual channels

Socialization differences between males and females affect criminality.
When women commit crime, they do so in their “roles” as women. Victims of female offenders c. Typically relatives or romantic partners Weapons of female offenders d. Kitchen instruments such as knives Rita James Simon (1975) e. Suggested that white collar crime will increase as a result of women being accepted into traditionally male dominated occupations Most women found in crime statistics tend to be poor, lower-class, and uneducated.  The rise in female crime could be attributed to the women’s liberation movement.  When women work outside the home in the male-dominated workforce, they are exposed to the same criminogenic factors as men.  Female arrests for Index crimes increased by 121.8% between 1973 and 2010. Power-Control Model of Delinquency  Suggests females commit less crime because they are more closely monitored by parents  Women are under greater control and have little power so they do not have as many opportunities for delinquency. Did you ever have a sibling of the opposite sex? Were your rules and curfews the same? Social learning elements are equally applicable among males and females. Social control factors vary greatly among males and females.  Females have stronger bonds with
family

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22. When/where crime occurs (regions & times)      Least crime in north east More murders in the south and auto-theft in the west More property crime than violent crime Property time occurs more during the work hours other crimes occur more at night between 6pm and 12 am Weekends is preferred fri and sat night

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July, august and dec are highest crime months January and february are lowest months

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Part I Offenses  Criminal homicide  Forcible rape  Robbery  Aggravated assault  Burglary  Larceny  Motor vehicle theft  Part II Offenses        Assault Vandalism Sex offenses Drunkenness Status offenses Hazing Other – “catchall”