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Cengage Learning Text design for Gaines/Miller Criminal Justice, 6th Edition Design Programs: InDesign, Photoshop, Illustrator 18 Criminal JustiCe in aCtion Chapter 2 Causes of Crime 19 Criminologists, or researchers who study the causes of crime, warn against using models to predict violent behavior. After all, not every middle-aged white man who has a grudge against his employers and owns a gun is a potential criminal, and it would be wrong to treat them as such. Studies may show a correlation between these factors and workplace violence, but very few criminologists would go as far as to claim that these factors cause such violent behavior. Correlation between two variables means that they tend to vary together. Causation, in contrast, means that one variable is responsible for the change in the other. Research shows, for example, that ice cream sales and crime rates both rise in the summer. Thus, there is a correlation between ice cream sales and crime. Nobody would seriously suggest, though, that increased sales of ice cream cause the boost in crime rates. This is the quandary in which criminologists find themselves. One can say that there is a correlation between violent workplace crime and certain characteristics of the lives of violent workplace criminals. But we cannot say what actually caused Myles Meyers to kill Roy Thacker without knowing much more about his background and environment, and possibly not even then. Consequently, the question. In one respect, though, workplace violence is atypical: it seems to follow a pat- tern. According to data collected by James Alan Fox of Northeastern University in Boston, 73 percent of those persons convicted for workplace homicide are white, more than half are over age thirty-five, and almost all are male. 4 These criminals tend to be hypersensitive to criticism and often respond violently when disciplined. 5 Researchers also note that usually several “trigger” events lead up to a workplace murder, which, in most instances, is carried out with a firearm. 6 Do these factors Despite its vaunted position in modern criminology, rational choice theory is viewed with suspicion by many criminologists. If the decision to commit a crime is based on a rational consideration of the costs and benefits of the crime, what happens if the person making the decision is not capable of rationality? The question is particularly relevant given that as many as 75 percent of violent offenders may be under the influence of alcohol or drugs when they commit their crimes. the myth M. Lyn Exum, a professor of criminal justice at the University of North Carolina in Charlotte, decided to test the “robustness” of rational choice theory in light of high intoxicant use among criminals. Exum recruited eighty-four male college students for what they believed would be an experiment concerning the effects of alcohol on brain functions. In fact, Exum planned to measure the impact of alcohol and anger on the decision to engage in physical assault. The participants were randomly divided into “alcohol” and “no alcohol” groups, with the members of the “alcohol” group given 1.5 ounces of vodka (diluted with orange juice) per 40 pounds of body weight. Then, without the participants’ knowledge, the test group was split into “anger” and “no anger” categories. Exum induced the desired emotions from those in the “anger” set by falsely accusing them of arriving thirty minutes late to the laboratory and threatening to withhold their $25 payment as a result. Because these theories are based on often untestable hypotheses rather than empirical data, psychological explanations for criminal behavior are quite controversial. During the middle of the twentieth century, the concept of the criminal as psychopath (used interchangeably with the term sociopath) gained a great deal of credence. The psychopath was seen as a person who had somehow lost her or his “humanity” and was unable to experience human emotions such as love or regret, to control criminal impulses, or to understand the consequences of her or his decisions.26 Over the past few decades, the concept of psychopathy has lost standing, as criminologists have criticized the notion that emotions can be “measured.” the reality Once the desired physical and mental states had been reached, each participant was presented with the following hypothetical situation: You return from the restroom in a bar to find “Joe” flirting with your girlfriend. After a brief argument, “Joe” pushes you. How likely are you to physically assault “Joe” in retaliation? Exum found that those in the “anger/alcohol” group were significantly more likely to choose a violent outcome to the scenario than those in the “sober/calm” group. To Exum, this outcome suggests “there is no single rational choice model that underlies the decision to engage in physical assault.” For CritiCal analysis What is your opinion of Profes- sor Exum’s methods and conclusion? How do you think the participants’ demographics (all male, all college students, 76 percent Caucasian) affect the results, if at all? Myth Reality vs Does Placing Criminals in Prison reduce Crime? including acts of violence and drug abuse, are committed as if individuals had this ratio in mind. The earliest popular expression of classical theory came in 1764 when the Italian Cesare Beccaria (1738–1794) published his Essays on Crime. The Seduction of Crime In expanding on rational choice theory, sociologist Jack Katz has stated that the “rewards” of crime may be sensual as well as financial. The inherent danger of criminal activity, according to Katz, increases the “rush” a criminal experiences on successfully committing a crime. Katz labels the rewards of this “rush” the seduction of crime.11 For example, serial killer John Wayne Gacy claims to have “realized that death was the ultimate thrill” after murdering the first of his more than thirty victims.12 Katz believes that seemingly “senseless” crimes can be explained by rational choice theory only if the intrinsic reward of the crime itself is considered. For example, serial killer John Wayne Gacy claims to have “realized that death was the ultimate thrill” after murdering the first of his more than thirty victims.12 Katz believes that seemingly “senseless” crimes can be explained by rational choice theory only if the intrinsic reward of the crime itself is considered. Choice Theory and Public Policy The theory that wrongdoers choose to commit crimes is a cornerstone of the American criminal justice system. Because crime is seen as the end result of a series of rational choices, policymakers have reasoned that severe punishment can deter criminal activity by adding another variable to the decision- making process. Supporters of the death penalty—now used by thirty-eight states and the federal government—emphasize its deterrent effects, and legislators have used harsh mandatory sentences to control illegal drug use and trafficking. (To see why one expert questions choice theory as a basis for criminal policy, see the feature You Be The Judge.) “Born Criminal”: BiologiCal and PsyChologiCal Theories of Crime As we have seen, Cesare Lombroso believed in the “criminal born” man and woman and was confident that he could distinguish criminals by their apelike physical features. Such far-fetched notions have long been relegated to scientific oblivion. But many criminologists do believe that trait theories have validity. These theories suggest that certain biological or psychological traits in individuals could incline them toward criminal behavior given a certain set of circumstances. “All behavior is biological,” points out geneticist David C. Rowe of the University of Arizona. “All behavior is represented in the brain, in its biochemistry, electrical activity, structure, and growth and decline.” 13 For example, serial killer John Wayne Gacy claims to have “realized that death was the ultimate thrill” after murdering the first of his more than thirty victims.12 Katz believes that seemingly “senseless” crimes can be explained by rational choice theory only if the intrinsic reward of the crime itself is considered. For example, serial killer John Wayne Gacy claims to have “realized that death was the ultimate thrill” after murdering the first of his more than thirty victims.12 Katz believes that seemingly “senseless” crimes can Victimology A school of criminology that studies why certain people are the victims of crimes and the optimal role for victims in the criminal justice system. lo 6 16 Criminal JustiCe in aCtion Chapter 2 Causes of Crime 17 Criminologists, or researchers who study the causes of crime, warn against using models to predict violent behavior. After all, not every middle-aged white man who has a grudge against his employers and owns a gun is a potential criminal, and it would be wrong to treat them as such. Studies may show a correlation between these factors and workplace violence, but very few criminologists would go as far as to claim that these factors cause such violent behavior. Correlation between two variables means that they tend to vary together. Causation, in contrast, means that one variable is responsible for the change in the other. Research shows, for example, that ice cream sales and crime rates both rise in the summer. Thus, there is a correlation between ice cream sales and crime. Nobody would seriously suggest, though, that increased sales of ice cream cause the boost including acts of violence and drug abuse, are committed as if individuals had this ratio in mind. The earliest popular expression of classical theory came in 1764 when the Italian Cesare Beccaria (1738–1794) published his Essays on Crime. The SeducTion of crime In expanding on rational choice theory, sociologist Jack Katz has stated that the “rewards” of crime may be sensual as well as financial. The inherent danger of criminal activity, according to Katz, increases the “rush” a criminal experiences on successfully committing a crime. Katz labels the rewards of this “rush” the seduction of crime.11 For example, serial killer John Wayne Gacy claims to have “realized that death was the ultimate thrill” after murdering the first of his more than thirty victims.12 Katz believes that seemingly “senseless” crimes can be explained by rational choice theory only if the intrinsic reward of the crime itself is considered. For example, serial killer John Wayne Gacy claims to have “realized that death was the ultimate thrill” after murdering the first of his more than thirty victims.12 Katz believes that seemingly “senseless” crimes can be explained by rational choice theory only if the intrinsic reward of the crime itself is considered. Choice Theory and Public Policy The theory that wrongdoers choose to commit crimes is a cornerstone of the American criminal justice system. Because crime is seen as the end result of a series of rational choices, policymakers have reasoned that severe punishment can deter criminal activity by adding another variable to the decision- making process. Supporters of the death penalty—now used by thirty-eight states and the federal government—emphasize its deterrent effects, and legislators have used harsh mandatory sentences to control illegal drug use and trafficking. (To see why one expert questions choice theory as a basis for criminal policy, see the feature You Be The Judge.) “Born Criminal”: BiologiCal and PsyChologiCal Theories of Crime As we have seen, Cesare Lombroso believed in the “criminal born” man and woman and was confident that he could distinguish criminals by their apelike physical features. Such far-fetched notions have long been relegated to scientific oblivion. But many criminologists do believe that trait theories have validity. These theories suggest that certain biological or psychological traits in individuals could incline them toward criminal behavior given a certain set of circumstances. “All behavior is biological,” points out geneticist David C. Rowe of the University of Arizona. “All behavior is represented in the brain, in its biochemistry, electrical activity, structure, and growth and decline.” 13 For example, serial killer John Wayne Gacy claims to have “realized that death was the ultimate thrill” after murdering the first of his more than thirty victims.12 Katz believes that seemingly “senseless” crimes can be explained by rational choice theory only if the intrinsic reward of the crime itself is considered. For example, serial killer John Wayne Gacy claims to have “realized that death was the ultimate thrill” after murdering the first of his more than thirty victims.12 Katz believes that seemingly “senseless” crimes can be explained by rational choice theory only if the intrinsic reward of the crime itself is considered. For example, serial killer John Wayne Gacy Larceny / Theft 58.6% Burglary 18.6% Motor Vehicle Theft 10.7% Murder 0.2% Forcible Rape 0.8% Robbery 3.6% Aggravated Assault 7.5% • Figure 03.04 Composition of Part I Offenses The Uniform Crime Report's violent crime statistics cover murders, forcible rapes, robberies, and aggravated assaults. As you can see, after a steady decline, these rates have begun to head upward. Source: Federal Bureau of Investigation, Crime in the United States, 2008, (Washington, D.C.: U.S. Department of Justice, 2007), at www.fbi.gov Despite its vaunted position in modern criminology, rational choice theory is viewed with suspicion by many criminologists. If the decision to commit a crime is based on a rational consideration of the costs and benefits of the crime, what happens if the person making the decision is not capable of rationality? The question is particularly relevant given that as many as 75 percent of violent offenders may be under the influence of alcohol or drugs when they commit their crimes. Bell v. Wolfish United States Supremem Court 441 US 520 (1979) http://laws.findlaw.com/US/441/520.html In the WOrds OF the COurt... Justice Renquist, majority opinion M. Lyn Exum, a professor of criminal justice at the University of North Carolina in Charlotte, decided to test the “robustness” of rational choice theory in light of high intoxicant use among criminals. Exum recruited eighty-four male college students for what they believed would be an experiment concerning the effects of alcohol on brain functions. In fact, Exum planned to measure the impact of alcohol and anger on the decision to engage in physical assault. The participants were randomly divided into “alcohol” and “no alcohol” groups, with the members of the “alcohol” group given 1.5 ounces of vodka (diluted with orange juice) per 40 pounds of body weight. Then, without the participants’ knowledge, the test group was split into “anger” and “no anger” categories. Exum induced the desired emotions from those in the “anger” set by falsely accusing them of arriving thirty minutes late to the laboratory and threatening to withhold their $25 payment as a result. Exum induced the desired emotions from those in the “anger” set by falsely accusing them of arriving thirty minutes late to the laboratory and threatening to withhold their $25 payment as a result. . . . . Because these theories are based on often untestable hypotheses rather than empirical data, psychological explanations for criminal behavior are quite controversial. During the middle of the twentieth century, the concept of the criminal as psychopath (used interchangeably with the term sociopath) gained a great deal of credence. The psychopath was seen as a person who had somehow lost her or his “humanity” and was unable to experience human emotions such as love or regret, to control criminal impulses, or to understand the consequences of her or his decisions.26 Over the past few decades, the concept of psychopathy has lost standing, as criminologists have criticized the notion that emotions can be “measured.” Once the desired physical and mental states had been reached, each participant was presented with the following hypothetical situation. You return from the restroom in a bar to find “Joe” flirting with your girlfriend. After a brief argument, “Joe” pushes you. How likely are you to physically assault “Joe” in retaliation? . . . . Because these theories are based on often untestable hypotheses rather than empirical data, psychological explanations for criminal behavior are quite controversial. During the middle of the twentieth century, the concept of the criminal as psychopath (used interchangeably with the term sociopath) gained a great deal of credence. The psychopath was seen as a person who had somehow lost her or his “humanity” and was unable to experience human emotions such as love or regret, to control criminal impulses, or to understand the consequences of her or his decisions. Once the desired physical and mental states had been reached, each participant was presented with the following hypothetical situation: After a brief argument, “Joe” pushes you. How likely are you to physically assault “Joe” in retaliation? Exum found that those in the “anger/ alcohol” group were significantly more likely to choose a violent outcome to the scenario than those in the “sober/calm” group. To Exum, this outcome suggests “there is no single rational choice model that underlies the decision to engage in physical assault.” FOr CrItICal analysIs What is your opinion of Professor Exum’s methods and conclusion? How do you think the participants’ demographics (all male, all college students, 76 percent Caucasian) affect the results, if at all? For more information on brain scans and other CJ technolo- gies, click on Web Links under Chapter Resources at www. cjinaction.com. landmark Cases Bell v. wolfish lo 5 22 Criminal JustiCe in aCtion Chapter 2 Causes of Crime 23 Criminologists, or researchers who study the causes of crime, warn against using models to predict violent behavior. After all, not every middle-aged white man who has a grudge against his employers and owns a gun is a potential criminal, and it would be wrong to treat them as such. Studies may show a correlation between these factors and workplace violence, but very few criminologists would go as far as to claim that these factors cause such violent behavior. Correlation between two variables means that they tend to vary together. Causation, in contrast, means that one variable is responsible for the change in the other. Research shows, for example, that ice cream sales and crime rates both rise in the summer. Thus, there is a correlation between ice cream sales and crime. Nobody would seriously suggest, though, that increased sales of ice cream cause the boost in crime rates. This is the quandary in which criminologists find themselves. One can say that there is a correlation between violent workplace crime and certain characteristics of the lives of violent workplace criminals. But we cannot say what actually caused Myles Meyers to kill Roy Thacker without knowing much more about his background and environment, and possibly not even then. Consequently, the question. In one respect, though, workplace violence is atypical: it seems to follow a pat- tern. According to data collected by James Alan Fox of Northeastern University in including acts of violence and drug abuse, are committed as if individuals had this ratio in mind. The earliest popular expression of classical theory came in 1764 when the Italian Cesare Beccaria (1738–1794) published his Essays on Crime. The SeducTion of crime In expanding on rational choice theory, sociologist Jack Katz has stated that the “rewards” of crime may be sensual as well as financial. The inherent danger of criminal activity, according to Katz, increases the “rush” a criminal experiences on successfully committing a crime. Katz labels the rewards of this “rush” the seduction of crime.11 For example, serial killer John Wayne Gacy claims to have “realized that death was the ultimate thrill” after murdering the first of his more than thirty victims.12 Katz believes that seemingly “senseless” crimes can be explained by rational choice theory only if the intrinsic reward of the crime itself is considered. For example, serial killer John Wayne Gacy claims to have “realized that death was the ultimate thrill” after murdering the first of his more than thirty victims.12 Choice Theory and Public Policy The theory that wrongdoers choose to commit crimes is a cornerstone of the American criminal justice system. Because crime is seen as the end result of a series of rational choices, policymakers have reasoned that severe punishment can deter criminal activity by adding another variable to the decision- making process. Supporters of the death penalty—now used by thirty-eight states and the federal government—emphasize its deterrent effects, and legislators have used harsh mandatory sentences to control illegal drug use and trafficking. (To see why one expert questions choice theory as a basis for criminal policy, see the feature You Be The Judge.) “Born Criminal”: BiologiCal and PsyChologiCal Theories of Crime As we have seen, Cesare Lombroso believed in the “criminal born” man and woman and was confident that he could distinguish criminals by their apelike physical features. Such far-fetched notions have long been relegated to scientific oblivion. issue area of concern Wrongful act Party who brings suit Party who responds standard of proof remedy Civil law rights and duties between individuals harm to aperson of business entity Person who suffered harm (plaintiff) Person who supposedly caused harm (defendant) Preponderance of the evidence damages to compensate for the harm Criminal law Crime is not something a person is “born to do.” instead, it is the result of the social conditions under which a person finds himself or herself. Those who are socially disadvantaged— because of poverty or other factors such as racial discrimination—are more likely to commit crimes because other avenues to “success” have been closed off. high-crime areas will develop their own cultures that are in constant conflict with the dominant culture and create a cycle of crime that claims the youth who grow up in the area and go on to be career criminals. mastering ConCepts Civil law versus Criminal law lo 8 This will be The TiTle of The box Despite its vaunted position in modern criminology, rational choice theory is viewed with suspicion by many criminologists. If the decision to commit a crime is based on a rational consideration of the costs and benefits of the crime, what happens if the person making the decision is not capable of rationality? The question is particularly relevant given that as many as 75 percent of violent offenders may be under the influence of alcohol or drugs when they commit their crimes. M. Lyn Exum, a professor of criminal justice at the University of North Carolina in Charlotte, decided to test the “robustness” of rational choice theory in light of high intoxicant use among criminals. Exum recruited eighty-four male college students for what they believed would be an experiment concerning the effects of alcohol on brain functions. In fact, Exum planned to measure the impact of alcohol and anger on the decision to engage in physical assault. The participants were randomly divided into “alcohol” and “no alcohol” groups, with the members of the “alcohol” group given 1.5 ounces of vodka (diluted with orange juice) per 40 pounds of body weight. Then, without the participants’ knowledge, the test group was split into “anger” and “no anger” categories. Exum induced the desired emotions from those in the “anger” set by falsely accusing them of arriving thirty minutes late to the laboratory and threatening to withhold their $25 payment as a result. Because these theories are based on often untestable hypotheses rather than empirical data, psychological explanations for criminal behavior are quite controversial. During the middle of the twentieth century, the concept of the criminal as psychopath (used interchangeably with the term sociopath) gained a great deal of credence. The psychopath was seen as a person who had somehow lost her or his “humanity” and was unable to experience human emotions such as love or regret, to control criminal impulses, or to understand the consequences of her or his decisions.26 Over the past few decades, the concept of psychopathy has lost standing, as criminologists have criticized the notion that emotions can be “measured.” Once the desired physical and mental states had been reached, each participant was presented with the following hypothetical situation: You return from the restroom in a bar to find “Joe” flirting with your girlfriend. After a brief argument, “Joe” pushes you. How likely are you to physically assault “Joe” in retaliation? Exum found that those in the “anger/alcohol” group were significantly more likely to choose a violent outcome to the scenario than those in the “sober/calm” group. To Exum, this outcome suggests “there is no single rational choice model that underlies the decision to engage in physical assault.” For CritiCal analysis What is your opinion of Professor Exum’s methods and conclusion? How do you think the participants’ demographics (all male, all college students, 76 percent Caucasian) affect the results, if at all? anti-terrorism in aCtion 20 Criminal JustiCe in aCtion Chapter 2 Causes of Crime 21 including acts of violence and drug abuse, are committed as if individuals had this ratio in mind. The earliest popular expression of classical theory came in 1764 when the Italian Cesare Beccaria (1738–1794) published his Essays on Crime. The SeducTion of crime In expanding on rational choice theory, sociologist Jack Katz has stated that the “rewards” of crime may be sensual as well as financial. The inherent danger of criminal activity, according to Katz, increases the “rush” a criminal experiences on successfully committing a crime. Katz labels the rewards of this “rush” the seduction of crime.11 For example, serial killer John Wayne Gacy claims to have “realized that death was the ultimate thrill” after murdering the first of his more than thirty victims.12 Katz believes that seemingly “senseless” crimes can be explained by rational choice theory only if the intrinsic reward of the crime itself is considered. For example, serial killer John Wayne Gacy claims to have “realized that death was the ultimate thrill” after murdering the first of his more than thirty victims.12 Katz believes that seemingly “senseless” crimes can be explained by rational choice theory only if the intrinsic reward of the crime itself is considered. choice Theory and Public Policy The theory that wrongdoers choose to commit crimes is a cornerstone of the American criminal justice system. Because crime is seen as the end result of a series of rational choices, policymakers have reasoned that severe punishment can deter criminal activity by adding another variable to the decision- making process. Supporters of the death penalty—now used by thirty-eight states and the federal government—emphasize its deterrent effects, and the situation During the annual “Wild West Days” celebration, a homeless man named Bert ignored signs labeled “No Disrupting of Parade Route” and crossed Main Street. In doing so, he unintentionally spooked a horse carrying ten-year-old “cowgirl” Katy. The horse bolted, and Katy was thrown to her death. Pa- rade rules stipulate that no person under the age of twelve years shall be allowed to ride a horse, but Katy’s mother, an important businesswoman and community leader, managed to circumvent these regulations on her daughter’s behalf. Now, Katy’s mother is insisting that District Attorney Patty Lopez, who is facing a tough reelection battle, bring murder charges against Bert. the ethical dilemma Following the letter of the law, District Attorney Lopez could charge Bert with involuntary manslaughter, which, as you will learn in Chapter 3, requires that the offender’s carelessness cause a death that he or she did not intend. However, Lopez realizes that hundreds of people cross Main Street during the parade every year, and Bert was more unlucky than careless. Furthermore, Lopez is well aware that the support of Katy’s mother is crucial to her reelection cam- paign, and, if she fails to bring charges against Lopez, she might well lose the election. what is the solution? What do you believe District Attorney Lopez should do? She knows that, legally, she can charge Bert with involuntary manslaughter. But murder tri- als take up considerable resources that might be better spent prosecuting more serious crimes with more dangerous offenders. Lopez also knows that, under most circumstances, she would have very little chance of convincing a jury that such an obvious accident requires punishment. But, Katy is a very sympathetic victim and Bert is a very unsympathetic suspect. How will District Attorney Lopez’s personal values, and her political considerations, affect her discretion in this matter? a Question of ethics Death of a Cowgirl The Seduction of Crime Criminologists, or researchers who study the causes of crime, warn against using models to predict violent behavior. After all, not every middle-aged white man who has a grudge against his employers and owns a gun is a potential criminal, and it would be wrong to treat them as such. Studies may show a correlation between these factors and workplace violence, but very few criminologists would go as far as to claim that these factors cause such violent behavior. Correlation between two variables means that they tend to vary together. Causation, in contrast, means that one variable is responsible for the change in the other. Research shows, for example, that ice cream sales and crime rates both rise in the summer. Thus, there is a correlation between ice cream sales and crime. Nobody would seriously suggest, though, that increased sales of ice cream cause the boost in crime rates. This is the quandary in which criminologists find themselves. One can say that there is a correlation between violent workplace crime and certain characteristics of the lives of violent workplace criminals. But we cannot say what actually caused Myles Meyers to kill Roy Thacker without knowing much more about his background and environment, and possibly not even then. Consequently, the question. In one respect, though, workplace violence is atypical: it seems to follow a pat- tern. According to data collected by James Alan Fox of Northeastern University in Boston, 73 percent of those persons convicted for workplace homicide are white, more than half are over age thirty-five, and almost all are male. 4 These criminals tend to be hypersensitive to criticism and often respond violently when disciplined. 5 Researchers also note that usually several “trigger” events lead up to a workplace murder, which, in most instances, is carried out with a firearm. 6 Do these factors provide us with any clues as to the underlying causes of Myles Meyers’s behavior? The study of crime, or criminology, is rich with different theories as to why people commit crimes. In this chapter, we will discuss the most influential of these theories, some of which complement each other and some of which do not. We will also look at the various factors most commonly, if not always correctly, associated with criminal behavior. Finally, this chapter will address the question of relevance: What effect do theories of why wrongdoing occurs have on efforts to control and prevent crime? Criminologists, or researchers who study the causes of crime, warn against using models to predict violent behavior. After all, not every middle-aged white man who has a grudge against his employers and owns a gun is a potential criminal, and it would be wrong to treat them as such. Studies may show a correlation between these factors and workplace violence, but very few criminologists would go as far as to claim that 05 06 Figure 3.3 Year Index Crme Rate 3000 4000 5000 6000 03 04 197879 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 • figure 3.8 Violent crime Rates, 1990-2008 The Uniform Crime Report's violent crime statistics cover murders, forcible rapes, robberies, and aggravated assaults. As you can see, after a steady decline, these rates have begun to head upward. Criminology The scientific study of crime and the causes of criminal behavior. Social Disorganization Theory The theory that deviant behavior is more likely in communities where social institutions such as the family, schools, and the criminal justice system fail to exert control over the population. Self ASSeSSment fill in the blanks and check your answers on page xxx. Offenders sentened to probation serve their sentence in the under the supervision of a . If a probationer commmits a by failing to follow the of his or her probation, it will be revoked and he or she will likely be sent to . lo 7 Source: Federal Bureau of Investigation, Crime in the United States, 2008, (Washington, D.C.: U.S. Department of Justice, 2007), at www.fbi.gov
including acts of violence and drug abuse, are committed as if individuals had this ratio in mind. The earliest popular expression of classical theory came in 1764 when the Italian Cesare Beccaria (1738–1794) published his Essays on Crime. Cengage Learning The SeducTion of crime In expanding on rational choice theory, sociologist Jack Katz has stated that the “rewards” of crime may be sensual as well as financial. The inherent danger of criminal activity, according to Katz, increases the “rush” a criminal experiences on successfully committing a crime. Katz labels the rewards of this “rush” the seduction of crime.11 For example, serial killer John Wayne Gacy claims to have “realized that death was the ultimate thrill” after murdering the first of his more than thirty victims.12 Katz believes that seemingly “senseless” crimes can be explained by rational choice theory only if the intrinsic reward of the crime itself is considered. For example, serial killer John Wayne Gacy claims to have “realized that death was the ultimate thrill” after murdering the first of his more than thirty victims.12 Katz believes that seemingly “senseless” crimes can be explained by rational choice theory only if the intrinsic reward of the crime itself is considered. 9-4: On March 18, 2008, a Brooklyn, New York, jury found Cesar choice Theory and Public Policy The theory Rodriguez guilty of manslaughter for the death of his seven-year-old that wrongdoers choose to commit crimes is a corner- stepdaughter Nixzmary Brown, shown in this framed photo. stone of the American criminal justice system. Because crime is seen as the end result of a series of rational choices, policymakers have reasoned that severe punishment can deter criminal activity by adding another variable to the decision- making process. Supporters of the death penalty—now used by thirty-eight states and the federal government— emphasize its deterrent effects, and legislators have used harsh mandatory sentences to control illegal drug use and trafficking. (To see why one expert questions choice theory as a basis for criminal policy, see the feature You Be The Judge.) Text design for Gaines/Miller Criminal Justice, 6th Edition Design Programs: InDesign, Photoshop, Illustrator CJ inaction Protecting the Community from Sex Offenders The California corrections system is a mess. Such a mess, in fact, that in late 2006 Governor Arnold Schwarzenegger declared a state of emergency for the state’s prisons and jails. The main culprit is overcrowding, which is so rampant that 16,000 inmates sleep on cots in hallways and gyms. The one bright spot, at least according to its supporters, is the Substance Abuse and Crime Act, or Proposition 36.79 This controversial diversion program, which treats drug abuse as a medical problem rather than a criminal act, is the subject of this chapter’s Criminal Justice in Action feature. DiverSion Deluxe in 2000, an overwhelming 61 percent of California voters approved Proposition 36. The initiative led to a change in the state penal code that mandates probation and community-based treatment instead of incarceration for eligible drug offenders. The treatment program is designed to wean drug abusers off selfdestructive habits. To be eligible, at the time of arrest the offender must have been in possession of the incriminating drugs for “personal use”—that is, he or she cannot be a drug “dealer.”80 Proposition 36 also excludes those with a prior conviction for a violent felony, those who are “us[ing] a firearm” at the time of the drug arrest, and those who refuse treatment.81 Proposition 36 diverges from the traditional sentencing model in three important ways. First, it prohibits judges from sending offenders to prison or jail, severely restricting their control over sentencing process. Second, it makes probation mandatory for a certain class of criminals. Third, it limits a judges’ ability to revoke probation and return offenders to prison or jail as a punishment for failing to follow the terms of a community-based sentence. The CASe For ProPoSiTion 36 • in 2006, a study carried out by the university of California at los Angeles (uClA) found that about 35,000 nonviolent drug offenders successfully completed Proposition 36’s treatment program. • The researchers calculated that for every dollar spent on Proposition 36, the state has saved $2.50 in incarceration costs, for a total of $140.5 million in the program’s first year and $158.8 million in the second.82 • Another study, by the Justice Policy institute, estimated that the number of inmates in California prisons for drug offenses hsa dropped by 34 percent since the law took effect.83 The CASe AGAinST ProPoSiTion 36 • only one in four offenders ordered into treatment managed to graduate from the program. • A quarter of those sentenced under Proposition 36 never showed up for their initial assessment.84 • nearly a third of the offenders were arrested on drug charges within a year of starting treatment, compared to much lower rates for other diversion programs such as drug courts (see page xxx).85 “Born Criminal”: BiologiCal and PsyChologiCal Theories of Crime As we have seen, Cesare Lombroso believed in the “criminal born” man and woman and was confident that he could distinguish criminals by their apelike physical features. Such far-fetched notions have long been relegated to scientific oblivion. Your oPinion—wriTinG ASSiGnmenT The problem with Proposition 36, according to some experts, is that it does not require ac- But many criminologists do believe that trait theories have validity. These theories countability. As we saw earlier in this chapter, most convicts who fail to follow the conditions of suggest that certain biological or psychological traits in individuals could incline them toward criminal behavior given a certain set of circumstances. “All behavior is biological,” points out geneticist David C. Rowe of the University of Arizona. “All behavior is represented in the brain, in its biochemistry, electrical activity, structure, and growth and decline.” their community-based sentence can be incarcerated as punishment. Some California state legislators want to reform Proposition 36 by adding a “flash incarceration” component that would allow judges to send violators caught using drugs to jail for up to ten days. Do you think that the criminal justice system should offer more pure treatment options similar to Proposition 36 for nonviolent offenders? or, does even the most treatment-oriented program require the threat of incarceration to protect society’s best interests? Before responding, your can review our discussions in this chapter concerning: • The justifications for community corrections (pages xx-xx) • Probation revocation (pages (xx-xx) • Shock incarceration (pages xx-xx) 24 Criminal JustiCe in aCtion Your answer should take at least three full paragraphs. Chapter 2 Causes of Crime 25 13 lo 9 manizing conditions in many prisons and jails. Some critics of the movement find the convict criminologists too focused on prisons and prison life, to the exclusion of Preamble We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. The Constitution of the United States Appendix A article i Section 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section 2. The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment. Section 3. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies. No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States. The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and 4 Criminal JustiCe in aCtion appendix a The Constitution of the United States 5 lo 1 lo 2 lo 3 lo 4 lo 5 Chapter Summary Explain why classical criminology is based on choice theory. Choice theory holds that those who commit crimes choose to do so. Classical criminology is based on a model of a person rationally making a choice before commiting a crime—weighing the benefits agains the costs. Contrast positivism with classical criminology. Whereas classical theorists believe criminals make rational choices, those of the positivist school believe that criminal behavior is determined by psychological, biological, and social forces that the individual cannot control. List and describe the three theories of social structure that help explain crime. Social disorganization theory states that crime is largely a product of unfavorable conditions in certain communities, or zones of disorganization. The strain theory argues that most people seek increased wealth and financial security and that the strain of not being able to achieve these goals legally leads to criminal behavior. Finally, cultural deviance theory asserts that people adapt to the values of the subculture—which has its own standards of behavior—to which they belong. List and briefly explain the three branches of social process theory. (a) Learning theory, which contends that people learn to be criminals from their family and peers. (b) Control theory, which holds that most of us are dissuaded from a life of crime because we place importance on the opinions of family and peers. (c) Labeling theory, which holds that a person labeled a “junkie” or a “thief”. Describe how life course criminology differs from the other theories addressed in this chapter. The five other theories addressed in this chapter link criminal behavior to factors—such as unemployment or poor schools—that affect an individual long after his or her personality has been established. Life course theories focus on behavioral patterns of childhood such as bullying, lying, and stealing as predictors of future criminal behavior. affect an individual long after his or her personality has been established. Life course theories focus on behavioral lo 6 lo 7 lo 8 lo 9 Discuss the evolution of victimology from its beginnings in the 1940s until today. When criminologists first began studying the victims of crimes after World War II, they theorized that the victim played an active role in her or his victimization. This line of thinking remained popular for several decades. In the 1970s, however, victims’ rights groups began to criticize the “blame the victim” tendency in criminology, and researchers turned their attention to the experience of being a victim and the victim’s role in the criminal justice system. Contrast positivism with classical criminology. Whereas classical theorists believe criminals make rational choices, those of the positivist school believe that criminal behavior is determined by psychological, biological, and social forces that the individual cannot control. List and describe the three theories of social structure that help explain crime. Social disorganization theory states that crime is largely a product of unfavorable conditions in certain communities, or zones of disorganization. The strain theory argues that most people seek increased wealth and financial security and that the strain of not being able to achieve these goals legally leads to criminal behavior. Finally, cultural deviance theory asserts that people adapt to the values of the subculture—which has its own standards of behavior—to which they belong. List and briefly explain the three branches of social process theory. (a) Learning theory, which contends that people learn to be criminals from their family and peers. (b) Control theory, which holds that most of us are dissuaded from a life of crime because we place importance on the opinions of family and peers. (c) Labeling theory, which holds that a person labeled a “junkie” or a “thief”. The five other theories addressed in this chapter link criminal behavior to factors—such as unemployment or poor schools—that patterns of childhood such as bullying, lying, and stealing as predictors of future criminal behavior. Self ASSeSSment AnSwer Key Page 210: i. unreasonable; ii. probable cause; iii. exclusionary; iv. evidence Page 214: i. stop; ii. reasonable; iii. frisk Page 217: i. custody; ii. warrant; iii. warrantless; iv. probable cause anomie 44 choice theory 37 chronic offender 56 classical criminology 37 control theory 46 criminology 36 cultural deviance theory 44 labeling theory 47 learning theory 46 life course criminology 49 positivism 38 social conflict theories 48 social disorganization theory 43 social process theories 46 1. What is one possible reason for higher crime rates in low-income communities? 2. If you believe that fear of punishment can have a deterrent effect on criminal activity, to what view of human behavior are you subscribing? 3. If you believe that criminals learn how to be criminals, to what theory are you subscribing? 4. Why have social conflict theories had a limited impact on public policy in the United States? Page 226: i. privacy; ii. search warrant; iii. seize; iv. arrest; v. consent Page 232: i. custody; ii. before; iii. wave; iv. immediately; v. attorney Page 234: i. identify; ii. photo array; iii. lineup; iv. booking social reality of crime 48 strain theory 44 subculture 45 theory of differential association 46 utilitarianism 38 Key Terms Questions for Critical Analysis 5. Why is it important for criminologists to study the behavior of preadolescents? 6. Why do some convict criminologists believe they have an advantage over their mainstream colleagues? 7. What factors contributed to the victims’ rights movement becoming politically successful? 8. What is a chronic offender, and why is this sort of person of interest to criminologists? 1. Bureau of Labor Statistics, National Census of Fatal Press, 1996), 26–27. Occupational Injuries in 2002 (Washington, D.C.: U.S. 6. Ibid., 23–24. Department of Labor, 2003), 1. 7. James Q. Wilson and Richard J. Hernstein, Crime and 2. Amy D. Whitten and Deanne M. Mosley, “Caught in Human Nature: The Definitive Study of the Causes of the Crossfire: Employers’ Liability for Workplace Vio- Crime (New York: Simon & Schuster, 1985), 515. lence,” Mississippi Law Journal (2000), 506. 8. Ibid. 3. Anne Fisher, “How to Prevent Violence at Work,” For- 9. Jeremy Bentham, An Introduction to the Principles of tune (February 21, 2005), 42. Morals and Legislation, ed. W. Harrison (Oxford: Basil 4. Stephanie Armour, “Death in the Workplace: The Mind Blackwell, 1948). of a Killer,” USA Today (July 15, 2004), 2A. 10. Wilson and Hernstein, 44. 5. Thomas Capozzoli and Steve McVey, Managing Vio- 11. Jack Katz, Seductions of Crime: Moral and Sensual Atlence in the Workplace (Delray Beach, FL: St. Lucie tractions of Doing Evil (New York: Basic Books, 1988). 26 Criminal JustiCe in aCtion Chapter 2 Causes of Crime 27 Notes
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