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CRIMINOLOGY, PENOLOGY AND VICTIMOLOGY

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INTRODUCTION
Consider the following: Ram points a .38 caliber revolver at the cashier in a liquor store, and yells, Put all the money in the bag! Karan and Honey smoke a banned drug a couple of evenings a week in their college dormitory room while listening to music. A group of automobile executives discusses a faulty brake system in a car model that was marketed last year. They knew that the brake system could contribute to a number of accidents that can result in serious disabilities and loss of lives. They conclude that they will not recall the vehicles because it is more profitable not to do so, based on the number of law suits that their company can expect to lose versus the cost of the recall. As a result, 14 people die in crashes the following year that are attributed to faulty brakes. A a small farmer in a financially distressed region knows that he will go

bankrupt if the tomatoes, his only cash crop, are unsuccessful again this year. They become infested with pest and he is afraid that legal treatments will not help. He dusts his crop with DDT, knowing that it is a dangerous and illegal pesticide. Tenzin Thapa from the North-East under economic compulsions marries his 12 year old daughter to one Hawa Singh in Panipat1. A Doctor who fancies buying expensive cars in order to fulfil his fantasy takes out one kidney from the body of his patient and ultimately sells it.2 Considering the ranking of the seriousness of the above scenarios as to the most and least serious raises a number of questions. First, in order to rank the seriousness of the behaviours, this term must be operationally defined. Most typically, crime or wrongdoing will be defined in terms of harm rendered. How do we determine what behaviours are most harmful? Harm is a construct that often is in the eyes of the
1

In male-dominated Haryana, Rajasthan, cross-regional brides are deprived of rights, The Hindu 11/02/2013. Court holds six, including 5 docs, guilty in kidney scam Shaheen P Parshad , Hindustan Times Amritsar, (3/11/2013)

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beholder. Rarely, however, is harmfulness the exclusive criterion for assessing misconduct. Other values are usually injected. For example, there are classes of people such as children, the elderly and disabled, to whom extra protection is extended under the law. What groups from these scenarios arguably merit special or extended protection? Why? Our perceptions of wrongdoing will vary along lines of gender, religion, race, social class and many other circumstances (Mitchell, 1992)3. Ultimately, however, moral assessments of behaviour will shape our response, resulting in some being treated as crimes while other behaviours are not. The general public, special interest groups and criminal justice personnel will have varying degrees of influence in this process of designating certain behaviours as criminal.

Grasmick, Harold, Elizabeth Davenport, Mitchell Chamlin, and Robert Bursik, (1992) Protestant Fundamentalism and the Retributive Doctrine of Punishment, Criminology 30: 21 46.

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MEANING OF CRIMINOLOGY

Etymologically

the

word

Criminology

is

derieved

from

Latin

word

crmen,"accusation"; and Greek -, -logia, and is defined as the scientific approach to studying criminal behavior. The term was coined in 1885 by Raffaele Garofalo, an Italian law professor.

What is CRIMINOLOGY: According to Edwin Sutherland4 and Donald Cressey: Criminology is a body of knowledge regarding crime as a social phenomenon. It includes within its scope the processes of making laws, of breaking of laws, and of reaction toward the breaking of laws. Making of laws: Law is passed because of the consensus of the will of the public. In the India, we have bicameral system of legislation. We have three major divisions or branches in the government; the executive, vested on the office of the president; the legislative, and the judiciary vested on the Supreme Court. We are being represented by the legislative branch in making laws. Breaking of Laws: All violations of laws are violations of the will of the majority in the society. Violation of the provisions of the criminal laws created by the public through representation is called CRIME. Crime- is an act or omission in violation of criminal law. Act- is outward movement tending to produce effect. Reaction of the society towards the breaking of laws: Society either reacts positively or negatively when someone commits crime. However, seldom has the society reacted positively; it reacts negatively by imposing punishment on the law-breaker.

"Criminology is the body of knowledge regarding delinquency and crime as a social phenomena. It includes within its scope the process of making laws, breaking laws, and of reacting toward the breaking of laws. These processes are three aspects of a somewhat unified sequence of interactions. The objective of criminology is the development of a body of general and verified and principles and of other types of knowledge regarding this process of law, crime, and reaction to crime." (Edwin Sutherland, 1974: 3)

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Phenomenon- observable; something which can be observed; any fact, circumstances, or experiences which can be explained scientifically. Objectives of Criminology : The development of a body of general and verified principles and of other types of knowledge regarding this process of law, crime, and its control and prevention, and the treatment of the youthful offenders.

CRIMINOLOGY
The term criminology is used both in a general and special sense. In its broadest sense criminology is the study (not yet the complete science) which includes all the subject matter necessary to the understanding and prevention of crime and to the development of law, together with the punishment or treatment of delinquents and criminals. In its narrower sense criminology is simply the study which attempts to explain crime, to find our how they get that away. If this latter narrower definition is adopted, one must recognize related fields, including penology, concerned with the treatment of adult criminals, crime detection, the treatment of juvenile delinquents, and the prevention of crime. If any science is to explain any kind of phenomena consistently, these phenomena must be reasonably homogenous. Criminology as a behavioural science or study faces an almost unsolvable difficultly because of the extreme diversity of types of behaviour our legislators have seen fit to make punishable as crimes. To mention but a few of these types, does it seem logical that we should be able to explain in terms of a common theory behaviour as diverse as the running of stop lights, the raping of women, robbery, huge racketeering syndicates, treason, murder, and the white-collar crimes of some businessmen? Not all of these crimes express the same attitudes of mind, not even a universal consciously antisocial attitude. Not all are conflict behaviour, or exploitative behaviour, or either wholly rational or wholly emotional behaviour. Facing this dilemma, criminologists have attempted various solutions. Valuable research has concentrated its attention on particular kinds of crime, such as professional thieving, embezzlement, murder, sex crime and white-collar crime.

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Other criminologists, such as E. H. Sutherland, have tried to discover processes or relationships which will explain all crime, in spite of its great variety. Thus we have theories of social disorganization and differential association, theories of delayed maturation, theories of economic exploitation, theories of anomie or normlessness, theories of subgroup influence, and so forth. But we shall find that it seems that not all crime can be explained in terms of any given social process or relationship.

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THE IMPORTANCE OF CRIMINOLOGY

It has been somewhat extravagantly said that morbid interest in crime express unconscious desire to be criminals - a desire to throw off the restraints of civilized existence. It is clear that sentimental interest in crime, whether taking the form of negative hate or positive morbid sympathy, is not what is needed for the objective understanding and prevention of crime, and that its prevalence may be listed as a factor in the causation of crime. When combined with understanding and a balanced consideration of all the values involved, interest in the criminal is essential to the explanation of crime and to intelligent protection against it. No child enters life as a criminal. The attempt to unravel the processes by which what women call a perfectly adorable baby is wrapped and twisted by lifes experiences into the personality of a calculating robber, burglar, kidnapper, or a Hitler, is a fascinating task which enlists the interest and challenges the intelligence of the criminologist. This interest is enhanced by the discovery of the wide variety of human traits which the criminal possesses and the wide variety of types of which the criminal class is composed. Paradoxical though it sounds, one may hardly even describe criminals as a class as antisocial. Their criminal acts are indeed by definition antisocial, and no one would minimize the seriousness of some of them. Yet their criminal behaviour on investigation is often found to be but one aspect of their total behaviour.

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RELATIONSHIP BETWEEN CRIMINOLOGY AND CRIMINAL POLICY

Criminology and Criminal policy share a common focus of concern and strategy of inquiry. Both disciplines concern themselves with action rather than thought (Halsey, 2004: 13). In sociology, the classical project has sought to build up a store of scientific knowledge of social activity. Sociologists make theory-guided conjectures about why things are as they are and test them against sociological data. Alternatively, the action disciplines concentrate on the relationship between ideas and activities; they translate theories of society into programmes for solving specific social problems. If sociology aspires to grasp the social world as it is, separate from idealized conceptions of how it ought to be, criminology and Criminal policy seek to bridge universal ideals and societys more practical concerns. But of course, criminology and Criminal policy

concern themselves with the following set of problems. Criminology deals with the: extent and distribution of criminal conduct in society: the history, structure and operation of the criminal justice system; and the social, political, and economic influences on changing definitions of criminality and criminal justice practices. Or, to put it in a sentence: Criminology, in its broadest sense, consists of our organized ways of thinking and talking about crime, criminals, and crime control (Garland and Sparks, 2000: 192)5. Criminal policy on the other hand refers to the governmental response to crime. This includes the administration of criminal justice (police, criminal courts, and prisons) as well as broader programmes for crime reduction such as national strategies for crime prevention.

Garland, David, and Richard Sparks (2000) Criminology, Social Theory and the Challenge of Our Times, British Journal of Criminology 40: 189-204.

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CRIMINOLOGY AND CRIMINAL POLICY REALITY


Green (2003)6 refers to political influences as a set of filters separating knowledge from policy. New policy ideas are filtered through prevailing crime policy paradigms and ideologies, as well as short-term political considerations. It is not uncommon, they suggest, for politicians to say in private that they support particular proposals but feel unable to take the risks politically. Crime has become too important as a political theme for government to defer to university specialists. For instance before coming into the force of Schedule caste and schedule tribes (prevention of atrocities act) 1989 the Untouchability act 1955 was in which the legislators had not taken into consideration the indignities committed by the biased traditional Indian society. Another instance on January 10, the controversial Prohibition of Forcible Conversion of Religion Act that bans "forced" religious conversions was passed in the state of Tamil Nadu. In February, the "Freedom of Religion" Bill that provides penalties for conversion using allurement or force, including up to 3 years in prison and a fine of 50,000 Rs, was passed in Gujarat. Conversions in Gujarat must be assessed by officials, and prior permission given by the District Magistrate. Human rights advocates believed that both laws make it more difficult for poor persons, mistreated minorities, and others ostracized under the caste system, to convert from Hinduism to another religion.

Criminal law
It follows from what has been said previously that criminological thinking brings important insights to the study of criminal law. Since the specific practices of both legislation and legal interpretation take place within the context of broader social processes which shape not only the range and definition of criminal laws but also the particular subjects in relation to whom the courts apply their legal techniques, that context is an important factor in understanding the dynamics of legal interpretation. Ideas and principles which are central to criminal law doctrine and its broader accompanying framework, the ideal of the rule of law, begin to take on a different colour once we appreciate, as criminology helps us to do, the partiality and selectivity of their enforcement.
6

Green, David A. (2008) When Children Kill Children: Populism and Popular Culture. New York: Oxford University Press.

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For instance leniency in applicability of general law in presence of a special law of the Juvenile justice care and protection Act 2000.

It seeks to meet this challenge by making a number of normative claims which relate both to the substance of legal norms and to the process through which they are enforced. In relation to the former, criminal law legitimates itself in two main ways. First, it does so by appealing to the objective, timeless normative status of the standards which it applies. Yet this poses problems of reconciliation with political manipulation of the frontiers of criminality by legislative changes and executive decisions which criminalize hitherto lawful activities or remove criminal sanctions from formerly prohibited conduct. Secondly, criminal law legitimates itself by appealing to the basis of its standards in common, shared understandings or commitments. This is difficult to reconcile with pervasive social conflict in relation to the existence or interpretation of particular criminal norms. Instructive contemporary examples include not only obvious disagreements about the propriety of criminalizing certain forms of sexual behaviour and commercial conduct but also dissensus about the proper standard of fault to be applied in the key offence of homicide

ROLE OF CRIMINOLOGY IN MAKING EFFECTIVE CRIMINAL POLICY:

Criminologists have paid some attention to the matter of how policies to address crime are actually made. This area of theorizing, informed by insights from sociology, tends to emphasize sources of crime policy other than criminological knowledge. Individuals who favour greater involvement of social science in the Criminal policy process say that: 1. Policy Should Be Based on the Best Available Evidence: Policies should be based on the best available evidence, not on whatever political fancy rules the day. The only way to do that is to make the evidence available to policymakers. Thus, it falls to criminologistsand in particular, the professional organizations that represent themto inform policymakers of the evidence. Precisely because the evidence is so often heavily nuanced, this must be done in a proactive and

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interactive way, not merely by publishing articles and letting the chips fall where they may. The professional associations must approach policymakers and speak to them in ways that assist policymakers in interpreting the evidence and translating that evidence into policy. Only then can policy become a reflection of evidence. 2. Staying out of policy debates allows false claims of evidence to shape them instead: Avoiding involvement in the policy process opens the door for charlatans to take control on false claims of evidence. New Delhi is filled with advocacy and foreign financed research groups and organizations that seek to marshal evidence to support their favored policies. Often, the organization of evidence is quite slanted toward the favored policy position, ignoring studies that do not support the already-determined positions being promoted. This leads to a potpourri of policy strategies, often taking opposing positions but all citing evidence as the foundation for their claims. The role of criminology in such a setting is to help sort out the evidence, provide critical reviews of what is known, and help policymakers see which claims are most well supported by what is known and (of equal importance) what is bunk. 3. Remaining Removed From Policy Debates Leaves Gross Injustices Unaffected To stay out of the policy process is to allow gross injustice to continue to dominate a field and to turn a blind eye to stupidity in policies. Many justice policies are, it is argued, known to be harmful. For the criminological community to remain mute when policies are proposed (or enacted) that are known to either make the problem worse or to result in untenable consequences is to tacitly participate in the perpetuation of injustice. 4. There Are Good Reasons for Influencing Agency Practice There are many ways that criminologists (and their work) can influence agency practice without having to get enmeshed in the legislative process. Many, if not most, academic criminal justice programs enjoy strong relationships with practicing criminal justice agencies, not only feeding them students but also helping them plan, implement, and evaluate new policies. To perform this kind of service is counted as a positive on the tenure and promotion requirements of many colleges and universities, and rightfully so. For instance the State legal service Authorities have their working groups consisting of students and professors.

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Individual Participation There are four ways that individual criminologists can take intentional action that is designed to influence policy: 1. Addressing Policy Implications Criminologists routinely seek to publish their research findings in traditional outlets (journals) and in doing so usually submit their work to the peer review process. At its best, this peer review process provides some level of assurance that the research used acceptable methods and that the findings are relatively sound . In other words, the purpose of the peer review process is to ensure that only research meeting established quality standards is published. When seeking publication in peer review publications, the focus is naturally on the research and the findings, and therefore authors are discouraged from straying too far from the facts. In other words, lengthy discussions about what the findings might mean for either policy or practice are considered polemic and are discouraged. One way in which criminologists might seek to influence policy would be through more directly addressing the policy implications of their work. Several journals have been established that explicitly focus on the policy relevance of criminological research. Although this represents a small step in the direction of informing public policy, our own experience in developing the journal Criminology & Public Policy suggests that if the field wishes to influence policy through its science, merely publishing the work of academic researchers in accessible venues will not be enough. Neither will it be enough to simply offer the media concisely written summaries of research findings with the policy prescriptions emphasized. It would seem that criminologists need to do more. 2. Working with Policy-Involved Organizations A second way in which individual criminologists might become involved in the world of policy would be through working directly with policy-involved organizations. Agencies and organizations frequently seek to engage in collaborations with academic researchers to either evaluate specific programs or to put together proposals for new initiatives. A number of criminologists have made a substantial impact on criminal justice policy primarily through their working relationships with organizations and agencies that are directly involved in the criminal justice process. George Kelling, who is most well-known for his contribution to the broken windows model for policing, has worked closely with police departments over the years. Kellings work has led to the widespread adoption of the broken-windows model, not only in policing but also in other areas of the system, such as courts and corrections. In other words, working directly with the individuals responsible for administering criminal justice can have a substantial impact on policy. 3. Direct Engaging in the Legislative Process

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The most direct way for criminologists to engage in the policy arena is through offering expert opinion at various points in the legislative process. Legislative bills do not simply become law: They are lobbied for, introduced, sent to committee, debated, and ultimately voted on. Criminologists could exert influence at many stages during this process. This influence could range from signing a petition, to sending a letter or a paper to legislators, to advising those who are drafting legislation and offering expert testimony during legislative debate. By far the most common way that criminologists insert themselves into the legislative process is through expert testimony. There is no systematic way that people are vetted for this testimony, but some criminologists are called on repeatedly to offer the legislature their understanding of the criminological wisdom of certain policies. 4. Engaging the Media Experts are not only sought out for direct participation in the legislative process through testifying during hearings, they also are sought out for indirect participation in the policy process through engaging in debates that take place in the media. The power of this indirect participation to exert influence on the policy process should not be underestimated. Research suggests that the relationship among the media, politicians, and the public is a powerful one. In many ways, the mediadriven primarily by ratingsreflect (and perhaps shape) public interests, priorities, and sentiment. With the advent of 24-hour news networks and the proliferation of Internet news sites, the supply of news outlets has grown dramatically. These news outlets often rely on experts to buttress their news stories. Research has demonstrated that the media will turn to expert sources to support their stories whether those sources are academic experts or not. Criminal justice officials, practitioners, and even laypeople serve as experts in the absence of academic researchers.

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RELATIONSHIP BETWEEN CRIMINOLOGY AND CRIME


Defining criminology only as the scientific study of crime leaves un answered a pivotal question, What is crime? Definitions of crime offered by criminologists vary widely along a continuum.

Form of normal behavior Violation of behavioral norms Form of deviant behaviour Legally defined behaviour Violation of human rights Social harm/injury Form of inequality

Social, Legal, and Moral dimensions

Legally, a crime is an act made punishable by law. A criminal is one who has committed such a legally forbidden act. Yet there are other criteria which determine whether a person may be dealt with as a criminal. Regardless of his act, he must be of competent age. Under English common law a child under seven could not commit a crime because he was held not capable of feeling a sense of guilt - and so was not responsible. In American states the age of criminal responsibility is fixed by statute or constitutionally considerably above the common law limit. Very young children may of course be dealt with in juvenile courts. They may be punished as well as treated constructively under

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the faction that the court acts in loco parentis (as a parent would act) and in the best interests of the child. Criminal acts must also be voluntary and engaged in without compulsion. Compulsion as defined by courts must be evident and immediately related to a particular criminal act. Impulsion towards a life of crime may have extended over a long period of time in the form of the influence of parents, associates, or conditions. But such indirect influences of the past, however compelling will not be recognized in court as destroying that voluntary nature of acts which is requisite to criminal behaviour. Especially in the case of serious crimes, the criminal must be shown to have had criminal intent: he must have meant to do wrong. Usually criminal intent is tested in terms of his knowledge of right and wrong and of the nature and consequences of his behaviour. If it can be shown that a man who killed another did not know that it is wrong to kill or that death may result if one points a loaded gun at another and pulls the trigger, he will be judged irresponsible, being without mens rea. Though in the case of some sample crimes, like running a stop light, the question of intent will not be raised, intent must be present to constitute most serious crimes. A wrongful motive need not be shown. A motive is the reason for crime; it is the subjective aspect of the causation of crime. Bigamy is no less a crime when the accused is actuated by religious motives, and euthanasia, the killing at the request of or for the benefit of the killed, is murder. On the other hand, a man who, intending to make hog feed, produced illicit corn whiskey, was held not guilty of crime. Our criminal law also often recognizes degree of intent as necessary to constitute particular crimes. Finally, to constitute a crime an act must be classed legally as an injury to the state and not merely as a private injury, or tort. In ancient societies many acts now defined as crimes were considered only private injuries to be avenged by the injured party or by his family or friends. But as society became more and more complex, a large number of acts once considered torts became crimes. It is indeed increasingly difficult to discover acts without general social consequences.

Simple Formula: ACT + INTENT + CONCURRENCE + CAUSATION + INJURY + HARM + PROHIBITED ACT = Crime

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Crimes have consequences that are injurious in some way to the community at large or one or more people within it. These consequences range from the trivial to the severe. Blackburn an eminent sociologist notes that crimes are generally disapproved of by the society that so defines them and often involve the violation of moral rules. However, he also draws attention to some limitations of this way of defining crime. First, whilst it is true that defining an act as a crime indicates that some people disapprove of it, it is not true that all crimes are disapproved of by all people. For example, taking workplace stationery for personal use and exceeding the speed limit whilst driving are both criminal acts but ones which do not attract universal or even widespread social disapproval. Second, whilst many criminal acts, such as murder, violate moral rules, a subset does not. This includes the so-called victimless crimes such as the possession of banned drugs for personal use and other circumstances such as consensual sex

between 15-year-olds. Feldman (1993; p.4) suggests that, comparing societies the core of criminal law is the same, but the border moves. So whilst murder, rape and theft are considered crimes pretty much everywhere, the definition of many other acts as criminal depends heavily on which societies you look at, and when you look at them. Feldmans moving borders might include laws about sexual conduct, drug and alcohol use and religious conduct.

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A PROJECT REPORT

OF

CRIMINOLOGY, PENOLOGY AND VICTIMOLOGY

Submitted by: Maninder Singh Roll No.- 165/09 Sem -10th(2014)

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ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher Prof. Anju Berwal , as well as our Director of the department Prof. Sangeeta Bhalla who gave me the golden opportunity to do this wonderful project on the Topic Criminology its description, nature, scope and relationship with a) Criminal Policy b) Crime, which also helped me in doing a lot of Research and I came to know about so many new things. I am really thankful to them. Secondly I would also like to thank my parents and friends who helped me a lot in finishing this project within the limited time.

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TABLE OF CONTENTS

S.NO. 1

TITLE INTRODUCTION

PAGE 1

MEANING OF CRIMINOLOGY

3.

IMPORTANCE OF CRIMINOLOGY

4.

RELATIONSHIP BETWEEN CRIMINOLOGY AND CRIMINAL POLICY

5.

RELATIONSHIP BETWEEN CRIMINOLOGY AND CRIME

13

6.

BIBLIOGRAPHY

16

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BIBLIOGRPAHY

Fichtelberg Aaron, Democratic Criminology: The Place of Criminological Expertise in the Public Sphere. Journal of Theoretical and Philosophical Criminology 2011, Vol. 3(1): 57-88 Larry J. Seigel , Criminology : Theories, Pattern. Wadsworth Cengage Learning 11th ED. Stephen E.Brown, Finn-Aage Esbensen, Gilbert Geis, CRIMINOLOGY Explaining Crime and Its Context 7th ED. Lexis Nexis. Grasmick, Harold, Elizabeth Davenport, Mitchell Chamlin, and Robert Bursik, (1992) Protestant Fundamentalism and the Retributive Doctrine of Punishment, Criminology 30: 21 46. Garland, David, and Richard Sparks (2000) Criminology, Social Theory and the Challenge of Our Times, British Journal of Criminology 40: 189-204. Green, David A. (2008) When Children Kill Children: Populism and Popular Culture. New York: Oxford University Press.

USEFUL WEBSITES
http://www.uk.sagepub.com/stout/Knepper-Ch-01.pdf (Criminology and the welfare state) http://www.du.ac.in/fileadmin/DU/Academics/course_material/Crimin_4Case.pdf( Crime and Criminology) http://faculty.ncwc.edu/TOCONNOR/301/301lect10.htm (Learning Theories of Crime.)