Kimberly Cook - Instructors Manual To Accompany Criminology

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Instructor's Resource Manual to accompany

Beirne and Messerschmidt CRIMINOLOGY Third Edition

Instructor's Resource Manual to accompany

Beirne and Messerschmidt Criminology

Third Edition

Kimberly J. Cook
University of Southern Maine

First published 2000 by Westview Press

Published 2018 by Routledge
52 Vanderbilt Avenue, New York, NY 10017
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

Routledge is an imprint of the Taylor & Francis Group, an informa business

Copyright 2000 Taylor & Francis

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

A CIP catalog record for this book is available from the Library of Congress.
ISBN 13: 978-0-367-00809-3 (hbk)

Table of Contents

Guide

1
What is Crime?

Chapter Outline

1.1 Images of Crime

Encourages students to open their minds about the study of crime, beyond their own personal observations and opinions.

Crime as a Social Problem

1. Thirty years ago a national study predicted an increasingly barricaded society in the near future. To a large extent these predictions have come true, especially in relation to increasing security measures taken by private citizens and the government.
2. Fear of crime seems to be generating much of this quest for security at the beginning of the 21st Century. As a result, we live in "anti-crime fortresses" in the modern world.
3. The overall cost of crime (not counting political crime or white collar crime) to victims, $450 billion, is twice that of the federal defense budget in the United States.
4. This "fortress building" is fueled by special interest groups (like the RA and MADD) whose crusades have left the public increasingly fearful of crime victimization.

Crime in the Mass Media

1. The vast majority of information the general public gets about crime comes from the mass media (TV, movies, newspapers, magazines, etc).
2. Crime is a big seller in the mass media and consumes one-third of television programming in the United States. Most of this coverage focuses on violent crime, leading to a distorted image within the public mind about the crime phenomenon.
3. Three major points Beime and Messerschmidt make:
   1. "The enormous volume of crime-related items in the media wrongly creates the image of a society with an enormous amount of violent crime."
   2. "The media have created the misleading impression that crime rates consistently increased during the last decade."
   3. "The media distort the incidence of non-violent crime."

1.2 Crime, Criminology and Criminalization

No universally clear definition of crime exists, it varies from place to place and often depends on a wide variety of circumstances. These points must be stressed when teaching this segment of the course. Captain Kidd's story illumates how difficult it can be to definitely state the nature of crime.

Crime as a Legal Category

1. An act must be forbidden by criminal law (no crime without law and no punishment without law). Criminal law is separate from canon (religous) law and civil law. Criminal law distinguishes misdemeanors from felonies.
2. An act must be voluntary, or a voluntary omission. No one can be prosecuted for bad thoughts, only for voluntary behavior or voluntarily failing to act. Criminal responsibility relies on establishing intent to commit the crime (levels of intent: purposefully, knowingly, negligently, recklessly).
3. Criminal responsibility can be avoided with proper defense or excuse, such as "justification" which includes duress, necessity and duty; entrapment; and/or insanity. This assumes, of course, that the person commiting the act has "free will" do it; this may not always be valid and should be stressed.
4. Criminology, as a discipline, cannot limit itself to the study of crime based solely on the legalistic definition because it is often too narrow and tautological.

Law and State

1. Law is something other than simply a statement about what is permissible and what is prohibited. Law is an expression of the will of the power elites in society, and ought to be seen as a social phenomenon that is dynamic, not static, and exists within specific historical conditions.
2. As societies have become more complex, laws have become more abundant; specifically the greater the social inequality exists, the more laws are passed. Hunter-gatherer and horticultural societies experienced relatively little social inequality and therefore had minimal laws governing daily life. With increasing complexity and inequality in society more laws have been enacted to preserve the privilege and interest of the powerful.
3. Law is a form of social control, aimed at producing conformity to the expected rules of daily interaction. When those expected rules are violated, laws are applied to generate an official response to those violations. Within criminology, penal solutions are usually the most widely studied.

Law and Criminalization

1. Refers to "the process whereby criminal law is selectively applied to social behavior." It involves: a). The enactment of legislation that outlaws certain types of behavior, b). The surveillance and the policing of that behavior, c). If detected, its punishment.
2. Important questions must be explored when studying the criminalization process, such as whose vested interests are being protected in the process? How/why did this particular law take shape when it did? Does this law maintain the status quo ?

1.3 Sociological Definitions of Crime

Because the legalistic definition of crime is limiting in terms of scope, sociologists have developed alternative definitions of crime. The academic roots of criminology stem from the social sciences and require incisive examination of the concepts and terms used within the discipline. Discuss the Enlightenment's influence and the Progressive Era's influence, briefly.

Crime as a Violation of Conduct Norms

1. Sellin objected to relying exclusively on the legal definition of crime because it simply reinforces the conventional public perception of crime, and thereby limits criminological investigations.
2. Instead, Sellin advocated that "conduct norms" should form the basis of a sociological definition of crime. These include conduct norms stemming from formal and informal controls: custom, tradition, ethics, religion and criminal law. Since every society has conduct norms within them, Sellin believed this sociological definition would offer new opportunities to investigate crime.

Crime as a Social Harm

1. Sutherland's response to Sellin's arguments expanded the definition of crime to incorporate the social harms that result from white collar crimes as well as conventional crimes. Sutherland was especially keen to see the definition expanded to include violations of regulatory laws that are not necessarily violations of criminal law.

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