Midterm Review Flashcards
Ten Fallacies about crime
- Dramatical fallacy
- Cops and courts fallacy
- Not from here fallacy
- The Not Me Fallacy
- The innocence of youth fallacy
- The ingenuity fallacy
- The Organized crime fallacy
- The Welfare state fallacy
- The Agenda fallacy
- The whatever you think fallacy
Dramatical Fallacy
- This is what we see portrayed on TV and movies
- Most of the crimes committed are done by people who we know and know us
The Cops & Courts Fallacy
- The people believe that cops should always be there to prevent the crimes from occurring in the first place or to catch the bad guys
- There is also belief from the public that courts are effective in deterring crime
Not From Here Fallacy
- Judgment of criminality increases if an individual or group does not: does not come from here and therefore more likely to commit a crime. They don’t look like sound like, dress like, or act like me
The Not Me Fallacy
The Barista Paradox:
- For example at Starbucks when you get more change back and you don’t speak up. Maybe the barista was busy and didn’t notice
- We all have the ability of being a criminal offender. It’s all about the setting and the opportunity.
The Innocence of Youth Fallacy
- Vast majority of the crime problem is begin committed by youth
- This is often explained by the younger individual being corrupted by someone older
The Ingenuity Fallacy
- Most crimes do not take special training to pull off
- Very easily done
The Organized Crime fallacy
- Most crimes are done by individuals acting alone
- If the individual is younger then they usually have a co-offender. this might be because it is a social act and trying to look cool
- very little organization is required to commit a crime
The Welfare state fallacy
- Opinion 1: excessive social welfare causes crime
- Opinion 2: insufficient social welfare causes crime
- There is actually no relationship between social welfare and crime. Sweden is a good example
The Agenda Fallacy
- Most proposed solutions to crime are part of a larger agenda.
- Political agenda
- Moral agendas (follow certain moral creed)
- Social agendas
- Religious agendas
The Whatever You think Fallacy
- Crime is subjective. We each define it differently.
- Each society and state manufactures crime arbitrarily
- No universal processes or patterns to crime
Violations of law
- A behavior that breaks the law and leaves offender liable to public prosecution and punishment.
- The rule has to be known
- Liable: crimes may be intentional or unintentional but negligent
Mala in se
- A crime in and of itself: Murder, rape, robbery, assault, arson,and burglary
Mala prohibita
- Prohibited by law, but not the same everywhere: drinking alcohol, premarital sex, women voting, women driving, internet hunting, chewing gum, and shooting turtles
Violations of moral codes
- a behavior that transgresses a moral proscription and leaves the offender liable to public condemnation, punishments, and/or ostracism
- Examples include: teen moms, sexual harassment, cutting your hair in the Sikh culture
- Not violations of law, but violations set forth by another institution
Violations of social norms
- A behavior that transgresses a (unspoken) social or cultural rule that leaves the offender liable to public gossip, ridicule, and/or ostracism
- Mean Girls dress scene with Regina
Antisocial behavior
- Behavior that lacks consideration of others and may cause damage to society, whether intentionally or through negligence
Social origins of law
- Law reflects social consensus about morality
- Law reflects power of special interest groups. Laws enforced against groups that threaten value and social/economic positions of special interests
What is crime?
- An identifiable behavior that an appreciable number of governments have specifically prohibited and formally punished.
- Includes: rare crimes that are widely punish. Moral violations and social violations that are codified law
- Excludes: oddball crimes that are irregularly punished. Moral and social violations that we merely disapprove of.
Part I Crimes (UCR)
Violent - Aggravated assault - Forcible rape - Murder - Robbery Property - Arson - Burglary - Larceny-theft - Motor vehicle theft
Part II Crimes (UCR)
- Leads to violations and fines
- Simple assault
- Curfew violation and loitering
- Forgery and counter fitting
- Disorderly conduct
- DUI
- Drug offenses
- Fraud
- Gambling
- Liquor offenses
- Domestic abuse
- Prostitution
- Sex offenses
- Stolen property
- Vandalism
Pre-Enlightenment
- Crime had a supernatural origin in Medieval Europe
Proof Systems
- Two eye witnesses. Not very hard to come by, they could be bought.
- One eye witness and a confession. The confession was usually tortured out of them them
- Confession and overwhelming circumstantial evidence
Blood sanctions
- Death for major offenses
- Mutilations for minor offenses, like cutting off a finger or hand
The Classic School
Cesare Beccaria (1738-1784)
- He was interested how we got about moving away from harsh punishment of crime towards something that is more rational
- Utilitarianism: greatest good for the most people
- Social contract: not between people and god but between people or people and the government.
- Social harm prevention: purpose of law and punishment is to prevent harm to society
- He believed people had free will, they were hedonistic, and rational
Classical School - Enlightenment
- Presumption of innocence
- Due Process ( provision of all rights a person is entitled too)
- Public, impartial trails (right to be judged in public, right to be judged by a jury of peers)
- Adherence to evidence/procedure
- Equality before law
- Equal punishment for equal crime. If two people commit the same crime they are to receive the same punishment
- irrational & ineffective law lead to more crime
Classical deterrence theory
- Punishments can be structured in such a way that rational people will evaluate costs and crime as outweighing the benefits
- Certainty: If you transgress law there is a certainty that you will be caught and punished for it
- -Celerity: refers to how timely the punishment
- -Severity: is the least worse. The punishment should be proportional to the crime committed
Positivist school (Italian)
- Idea that we could solve problems with logic
- Arational: There aren’t rational thoughts goign on at all
- Individuals didn’t have free will, determined by natural law
Crime sequence
Incident
- happens in a second - a short amount of time
Aftermath
- Takes a lot longer and the process in which this is done is also longer
How do we know about crime?
- Crimes are behavioral violations of the law reported to and certified by the police
Why are Part I crimes tracked?
- They are crimes mala in se
- Severity
- Frequency
- Visibility
Part I/Part II controversy
- Consensus or special interest
- Part I crimes usually concentrated in poor/minority communities
- White collar crimes are usually fraud and considered huge offenses
- Property crime: $16 billion
- White collar: $ 300-600 billion
Self-fulfilling prophecy
- FBI mandate → policing priorities → reports taken → crimes cleared → official crime statistics → FBI mandate, and so on
Public & Official crimes
- Police are rarely present at the incident. The crimes come to the attention of the police via the public.
- if the public doesn’t report a crime then they have no way of knowing about it
Reasons for not reporting crime
- Attempted but not completed
- Little loss or injury
- Sense of security intact
- Does not seem seem serious
- Did not involve firearm
- Social stigma
- Police can’t solve