CRIME AND CRIMINOLOGY

PART ONE Introduction to the Study of Crime 1

1 Crime， The Criminal， and Criminology 3

The Concept of Crime Historical Meaning of Crime 4

Legal Definition of Crime 5

Crime is an Intentional Act or Omission 5

In Violation of Criminal Law 9

Committed without Defense or Justification 12

Sanctioned by the State as a Felony or Misdemeanor 14

Judge or Jury as Final Determiners of a Crime 15

Nonlegal Definitions of Crime 16

Definition of Criminal 17

Definition of Delinquency 19

Meaning of Criminology 21

Recommended Readings 22

2 Concept and Purpose of Law 24

The Nature of Law 25

Flexibility 25

Stability: The Principle of Stare Decisis 26

Methods of Social Control Informal Social Control：Small， Cohesive Human Groups 28

Need for Formal Social Control in Complex Human Societies 28

Law as a Form of Social Control 29

The Importance of Law 30

The Limits of， Law 31

Control of Morality by Law Debate over the Control of Morality by Law 32

Relationship of Law， Sin， and Morality Historically 33

Distinction Between Mala in se and Mala Prohibita Crimes Overcriminalization in the Law 34

Criminalization of Crimes without Victims： Functional or Dygfunctional 40

Definition of Victimless Crimes Laws Cannot Change Mores 41

Functions of Laws Regulating Moral Behavior 42

Dysfunctions of Laws Regulating Victimless Crimes 43

Purposes of Criminal Law 45

Recommended Readings 46

3 Measurement of Crime in the United States 47

The Uniform Crime Reports Categories of Crimes 48

Extentof Crime in the United States Crime as Measured by the Uniform Crime Reports 49

Crime as Measured by Anonymous Questionnaires 50

Crime as Measured by Interviewing Techniques 55

Demo aphic Characteristics of Persons Arrested for Crimes 56

Sex 58

Age Race 59

Victims of Crime 62

Analysis of Official Crime Statistics Reporting Methods 72

Crimes Not Included in the Official Statistics 74

New Perspectives 75

Recommended Readings 78

4 Research in Criminology 79

Causation Meaning of Cause 80

Legal Meaning of Cause 81

Research Methods Longitudinal Studies 82

Cross-Sectional Approach 91

Armchair， or Theoretical， Approach 92

Purpose and Nature of Scientific Research 93

Fact and Theory Concepts 93

Errors in Methodology Definition of Terms 94

Sampling Errors Lack of Control Groups 96

Lack of Follow-up Studies 97

Logic-of-Science Errors Dualistic fallacy 99

Ability of the Theory to Identify the Crime Predictability 99

PART TWO Theories of Criminal Behavior 101

5 Classical， Neoclassical， and Positive Theories 103

Historical Background of Punishment and Criminal Law 104

Conditions in France 105

Conditions in England 106

Classical School Cesare Beccaria 107

Jeremy Bentham 110

Principle of Utilitarianism 111

Neoclassical School 113

Positive School 114

Cesare Lombroso 115

Raffaele Garofalo 121

Enrico Ferri 125

Comparison of the Classical and Positive Schools 128

6 Physiological， Psychiatric， and Psychological Theories 130

Physiological Theories Phrenology 131

Endocrinology 132

Class-Linked Social and Environmental Factors and Physiological Differences Theories of Ernest Albert Hooton 133

Heredity Theories 136

Body Type Theories 143

Biopsychosocial Theories 147

Other Theories Evaluation of the Physiological School 149

Psychiatric and Psychological Theories 150

Historical Background 151

Psychiatric Approach 152

So io athic Personality 161

Evalu the Physiological， Psychiatric， and Psychological Theories 164

Legal Reactions to Physiological， Psychiatric， and Psychological Theories 165

Sterilization Laws 166

Sexual Psychopath Laws 168

Insanity Plea Defense 169

Recommended Readings 171

7 Sociological Theories of Causation: Social Structural Theories 172

Economic Conditions and Crime 173

Contributions of Emile Durkheim 175

RobertMerton’s Theory of Anomie 176

Modes of Adaptation 177

Evaluation of Merton’s Theory 180

Subculture Theories 181

Thrasher’s Study of the Gang Coheh’s Middle Class Measuring Rod 181

Matza’s Theory of Delinquency and Drift Sykes and Matza’s Techniques of Neutralization 184

Cloward and Ohlin’s Theory of Differential Opportunity 186

Miller’s Lower Class Boy and Lower Class Culture 189

Evaluation of Subculture Theories 190

Ecological Theories 191

Evaluation of the Ecological School 192

Culture Conflict Theory 194

Evaluation of Culture Conflict Theo 195

Racial Theories 196

Home Environment and Crime 197

Modern Conflict Theories 199

Conflict and Functionalist Theories Compared 200

Conflict over Power and Authority 201

Contributions of Richard Quinney to Conflict Theo 202

Evaluation of Conflict Theories 203

Other Social Structure Theories Evaluation of Social Structural Theories 205

Recommended Readings 207

8 Sociological Theories of Criminal Behavior: Social Process Theories 208

Gabriel Tarde 209

Theory of Imitation 210

Edwin H.Sutherland Theory of Differential Association 211

White-Collar Crime 217

Self-Concept and Containment Theory 227

Evaluation of the Self-Concept and Containment Theo 229

Labeling Theory 231

Empirical Evidence 234

Evaluation of Labeling Theory 235

Evaluation of Social Process Theories Conclusion to Sociological Theories 238

LegalSocial Control Perspective 240

Criminal Behavior Systems 241

Behavior Systems in General 242

The Development of Deviant Careers 243

A Typology of Criminal Behavior Systems 244

Characteristics of Criminal Behavior Systems 248

Recommended Readings 251

PART THREE The Criminal Justice System 253

9 Overview of the Criminal Justice System 255

Stages in the Criminal Justice System Investigation Prior to Arrest Booking Initial Appearance 256

Preliminary Hearing Information Grand Jury Indictment Arraignment 257

Reduction of Charge System and Process 260

Concepts of American Criminal Justice The Adversary System versus the Inquisitorial System 261

Disadvantages 266

Due Process and the Rights of the Defendant 269

Analysis of the System of Criminal Justice 289

Sociology of Law 290

The Poor and the Legal System 298

Minorities and the System of Criminal Justice 300

Recommended Readings 303

10 The Police 305

History of the Police System 307

Profile of the Role of Police The Policeman as Law Enforcer 308

Allocation of Police Time 311

Background and Characteristics 312

Role Conflicts 314

“Judicial Leniency” as Seen by the Police Police Discretion 321

Police Physical Violence and Brutality 324

Politicization of the Police and the Need for External Control 328

Suggestions for Improving the Police Force Training， Education， and Salaries 330

Reorganize the Police Role 336

Redesign the Job of Patrolman 337

Recommended Readings 342

11 Detention and Short-Term Treatment 343

The Bail System History 344

Purpose of Bail 346

Effect of the Bail System on the Defendant 348

Bail Reform 351

Pretrial Detention 354

Jails History of Jails 358

Organization and Use of Jails 360

“Modern”Jails in the United States 361

1972 Survey of Jails 365

Federal Court Findings on Jail Conditions 367

Suggestions for Improving Jails 372

Alternatives to Jail 373

Recommended Readings 374

12 The Role of Lawyers and Judges 375

Historical Role of the Lawyer 376

Legal Education 377

Legal Ethics and the Formal Control of Lawyers 378

Organizational Structure of the Legal Practice 380

Prosecution and Defense Prosecuting Attorney 382

Defense Attorney 386

Defender and Prosecutor： A Case of Accommodation？ 391

Judges Judicial Training 394

Selection of Judges 396

Judicial Decision Making Process 398

Hogarth’s Study of Sentencing 402

Sentencing Process 405

Types of Sentences 406

Who Should Sentence 407

Sentencing Disparity 415

Recommended Readings 421

13 The Court System 423

Criminal Court System Legal Terms and Concepts 424

Process of Judicial Review 426

The Dual Court System 427

Lower Courts 428

United States Supreme Court 440

Juvenile Court 448

Background and History 449

The Philosophy of the Juvenile Court 450

Reality of the Juvenile Court 453

Impact of Gault upon Juvenile Court Philosophy 458

Recommendations for Change 461

Recommended Readings 463

PART FOUR Social Reaction to Crime: Corrections 465

14 Punishment 467

Corporal Punishment Historically Mutilation and Branding 468

Ducking Stool Psychological Punishment and Social Disgrace 469

Exile and Banishment Transportation 470

Flogging 471

Capital Punishment Historical Overview 473

Statistics on Capital Punishment Methods of Capital Punishment 476

Death Penalty Debate 480

Justifications for Punishment 492

Incapacitation 494

Reparation Maintenance of Social Solidarity 495

Retribution 496

Individual Deterrence General Deterrence 499

Differential Implementation of Punishment Theories of Punishment 504

Cultural Consistency Psychoanalytic Theory Social Structure Theories 505

How Much Punishment：A Debate 506

Cruel and Unusual Punishment 507

Recommended Readings 510

15 Prison: The Alternative to CorPoral Punishment 512

Historical Development 513

John Howard: The Great Prison Reformer 514

Emergence of the Penitentiarv in America The Development of the Pennsylvania System 515

Development of the Auburn System 517

Comparison of the Pennsylvania and Auburn Systems 518

Emergence of the Reformatory System 519

Prison Architectur Historical Overvlew 520

Penal Philosophies Reflected in Prison Architecture 523

Brief Look at the “Modern” American Prison 528

Prison as an Alternative to Corporal Punishment 530

Arkansas Prison System 531

Noncorporal Punishments 534

Prison Riots 537

Recommended Readings 548

16 The Modern Prison: Progress Toward Treatment and Rehabilitation 549

Typology of Treatment Forms 550

Psychological Therapies 551

Environmental Therapy 557

Examples of Prison Treatment Programs ROARE 559

The Washington Program 560

Adjuncts to Prison Treatment Programs Prison Administration 561

Functions of Prison Personnel 562

Guard-Inmate Relationships 563

Improvement of Guard-Inmate Relationships 564

Classification 568

Types of Systems 570

Ideal System 572

Contribution of Classification 573

Prison Education Academic Programs 574

Vocational Training：Prison Labor and Indust 578

Work Release and Furlough Programs 582

Advantages Disadvantages 584

Release Procedures Historical Overview 585

Prerelease Programs 586

Recommended Readings 589

17 The Prison Community 591

Inmate Social System: Male Prison Community 592

Inmate Codes 593

The System as an Agency of Social Control 595

Forms of Social Control 596

Socialization into the System 600

Social Roles 600

Female Prison Community 606

Contrast with Male Prison Community 607

Sexual Problems 609

Homosexuality 610

Conjugal Visits 614

Furloughs 619

Recommended Readings 621

18 Alternatives to Confinement 622

Probation and Parole Historical Overview 623

Use of Probation and Parole 624

Organization of Probation 625

Organization of Parole 626

Services Provided for the Probationer and Parolee 628

Parole and Probation Officers 629

Conditions of Probation and Parole 630

Evaluation of Probation and Parole 633

Suggestions for Reducing Recidivism 637

Granting of Parole and Probation 639

Revocation of Probation and Parole 644

Shock Probation and Shock Parole 647

Community Treatment Programs Guided Group Interaction Programs 649

Foster and Group Homes 651

Halfway Programs: Prerelease Guidance Center 653

Intensive Community Treatment 654

Reception Center Parole 655

Other Programs 656

Examples of Community Programs 657

Detoxifiication and Diagnostic Center 658

Recommended Readings 662

19 Constitutional Rights of Prisoners 664

Hierarchy of Rights 665

Visitation Privileges 666

Visitation Rights with the Press 667

Right to the Use of the Mails 668

Prison Discipline Use of Force Corporal Punishment 671

Solitary Confinement 672

Disciplinary Hearing 675

Medical Treatment 677

Right to Medical Treatment 678

Constitutional Right to Treatment 680

Right Not to be Treated 682

Right of Access to the Courts 683

Recommended Readings 685

20 Reformation of the Criminal and the Prison: Some Problems 687

Recidivism 688

Measuring Recidwism Rates 690

Comparing Studies pf Recidivism Rates 691

Prediction 692

History of Prediction Tables 693

Requirements of Pre iction Tables The Gluecks’ Prediction Scale 694

Other Prediction Tables 695

Correctional Research Administrative and Treatment Personnel Attitudes 696

Isolating the Treatment Variable 697

Defiining “Success” 698

Role of the Evaluation Researcher Methodology 699

Evaluation of a Specific Treatment Program 700

Prison Reform Obstacles 704

Means 705

Federal Prison System 711

European Prison Systems Denmark 712

Finland The Netherlands Sweden 713

Future of Corrections 715

Recommended Readings 717

Index 719