SCHOOL OF SOCIAL SCIENCES

DEPARTMENT OF CRIMINOLOGY AND SECURITY STUDIES

BJS1201: INTRODUCTION TO CRIME AND LAW

BJS1201: INTRODUCTION TO CRIME AND LAW
Contact hours: 42
Pre-requisites: None

Purpose: To equip learners with knowledge and information relevant to crime, law and
criminology.

Course Objective

Expected Learning Outcomes of the Course:

By the end of this course the learner should be able to;
a) Explain the causation of crime and criminal behavior.
b) Promote understanding several of schools for criminology and establish the co-
relation between criminality and the structure.

Course Content:
Definitions, the concept of crime, importance of criminology, the principal of legality,
theories of crime causation, various schools of criminology (Anthropological/Italian school
of criminology) and categories of crime.

Required Texts
Text: Steven, Barkan. 2009. Criminology: A Sociological Understanding, 4th ed. Canada:
Prentice Hall.

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Course Outline

WEEK 1
CHAPTER ONE: INTRODUCTION AND DEFINITION OF TERMS
 Introduction to Crime

WEEK 2
CHAPTER TWO: WHATS IS CRIME, LAW AND CRIMINOLOGY
 Parties to a crime
 Criminal Law
 Purpose of Criminal law
 Origin of Common law
 Statutory Crimes
 Law Making Authority
 General principles of Criminal liability

WEEK 3
CHAPTER THREE: CRIME AND CRIMINOLOGY
 Criminology
 Historical Roots of Criminology
 Types of Crime

WEEK 4
CHAPTER FOUR: SCHOOLS OF CRIMINOLOGY
 Schools of criminology
 Demonology
 Classical Criminology
 Positivism
 Psychological School
 Biological Determinism
 Sociological Criminology
 Other schools

WEEK 5 & 6
CHAPTER FIVE: MEASUREMENT OF CRIME AND CRIMINAL BEHAVIOUR
 The Criminological enterprise
 Different perspectives of Crime
 Methods of studying Crime
 Types of Cohort research in Crime

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WEEK 7
CHAPTER SIX: ELEMENTS OF A CRIME
 Legality
 Actus Reus
 Harm
 Causation
 Mens Rea
 Concurrence
 Punishment

WEEK 8 & 9
CHAPTER SEVEN: WHITE COLLAR CRIMES
 Types of White collar crimes
 Schemes of White collar crimes

Course Assessment
Examination - 70%
Continuous Assessment Test (CATS) - 20%
Assignments - 10%
Total - 100%

Recommended Text Books:

 Bersoff, Donald M., Ogloff, James R. P., & Tomkins, Alan J. (1996). Education
and training in psychology and law/criminal justice: Historical foundations, present
structures, and future developments. Criminal Justice and Behavior, 23, 200‐235.
 Burke, Roger Hopkins. (2001). An introduction to criminological theory. Criminal
Justice Review,

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 TABLE OF CONTENTS
Page
COURSE OUTLINE.................................................................................................................iii

TABLE OF CONTENT…........................................................................................................v

CHAPTER ONE: INTRODUCTION TO CRIME AND LAW …………….....................7

1.0 Learning Objectives…………………………………………………………………………………7
1.1 Introduction to crime…………………………………………………………………………….…7
1.2 Definition of terms……………………………………………………………………………….…8

CHAPTER TWO: WHATS IS CRIME AND LAW…………..………………………..…11

2.0 Learning Objectives…………………………………………………………………………….…11
2.1 Parties to crime……..…………………………………………………………………………..….11
2.2 Criminal law…………………………………………….………………………………………….11
2.3 Purpose of criminal………………………………………………………………………..……....12
2.4 Origin of Criminal law…………………………………………………………………………….13
2.5 Statutory crimes…………………………………………………………………………………....13
2.6 Law making authority……...……………………………………………………………………...13
2.7 General principles of criminal liability……………….…………………………………….….14

CHAPTER THREE: CRIME AND CRIMINOLOGY …………………………………..16

3.0 Learning
Objectives………………………………………………………………………………………………..16
3.1 Criminology …………………………………………………………………..………...…………16
3.2 Historical roots of criminology……….………………….……………………………………...17
3.3 Types of crime………………………………………………………………………….….……….17
3.3.1 Violent crimes…………….………………….………………………………..…….…………...18
3.3.2 Crime against property…………………………….………….………………….…………….19
3.3.3 Organizational/Corporate crime………………….…….……………………….…….………21
3.3.4 White collar crime…………………………………………………………………….…………21
3.3.5 Crime of morality…………………………………………………………………………….….22
3.3.6 Organized crime……………………………………………………………………………..…..23
3.3.7 Political crime……………………………………………………………………………………23

CHAPTER FOUR: SCHOOLS OF CRIMINOLOGY…………………………..………..25

4.0 Learning
Objectives………………………………………………………………………………………………..25
4.1 Schools of Criminology…………………………………………………………………………...25
4.1.1 Demonology……………..……………….………………………………………………...…….25
4.1.2 Classical Criminology…………………………………………………………………….…….25
4.1.3 Positivism……………………………………………………………………………………..…..26
4.1.4 Psychological School……………………………………………………………………………27
4.1.5 Biological Determinism………………………………………………………………….……..28

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4.1.6 Sociological Criminology………………………………………………………………………28
4.1.7 Other schools……………………………………………………………………….……………29

CHAPTER FIVE: MEASUREMENT OF CRIME AND CRIMINAL BEHAVIOUR…31

5.0 Learning Objectives………………………………………………………………………….……31
5.1 The criminological enterprise………………….…………………………………..…………...31
5.2 Different perspectives of Crime……………………………………………………………...…32
5.3 Methods of studying Crime………………………………………………………………………32
5.4 Types of Cohort research in crime………………………………………………….…………..33

CHAPTER SIX: ELEMENTS OF CRIME….. …………..…………………………….….34

6.0 Learning Objectives…………………………………………….……………………….……….. 34
6.1 Introduction………………...……………….……………………………………….……….…….34
6.2 Elements of a Crime……………………………………………………………………………….35
6.2.1 Legality……………………………………………………………………………………………35
6.2.2 Actus Reus………………………………………………………………………………...………35
6.2.3 Harm………………….…………………………………………………………………………..37
6.2.4 Causation…………………………………………………………………………………...……37.
6.2.5 Mens Rea.…………………………………………………….………………..………….……...38
6.2.6 Concurrence....................................................................................................................38
6.2.7 Punishment…………………………………………………………………….……………..…..39

CHAPTER SEVEN: WHITE COLLAR CRIMES ..…………………………………….40

7.0 Learning Objectives……………………………………………………………………….………40
7.1 Types and schemes of white collar crimes…….………………………………………….…….40
7.1.1 Types of white collar crimes……………………………………………………………..…….40
7.1.2 Schemes of white collar crimes…………………………………………………………..……43

Appendix 1: Sample Test Papers…………………………………………………………….47

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 CHAPTER ONE: INTRODUCTION AND DEFINITION OF TERMS
1.0 Learning Objectives

By the end of this chapter the learner should be able to:

i) Define criminal law
ii) Classify crime
iii) Define various criminological terms
iv) Differentiate between mal in se and mal prohibita

1.1 INTRODUCTION TO CRIME

This refers to commission of an act or act of omission that violates the law and is punishable
by the state. Crimes are considered injurious to society or the community as distinguished
from torts and breach of contract.
As defined by law, a crime includes both the act, or actus reus and the intent to commit the
act or (mens rea.) Criminal intent involves the apprehension of factual elements of the act or
acts commanded or enjoyed by the law.
It is usually inferred from the apparently voluntary commission of an overt act that criminal
liability is relieved in the case of insanity. Legal minors are also relieved of criminal liability,
as are persons subjected to coercion or duress to such a degree as to render the commission of
criminal acts involuntarily. In most countries crimes are defined and punished pursuant to
statutes. Punishments may include death imprisonment, exile, fines, forfeiture of property,
removal from public office and disqualification from holding office.
Unless the act of which a defendant is accused is expressly defined by statute, no indictment
or conviction for the commission of such an act can be legally sustained. This provision is
important in establishing the difference between government by law and arbitrary (or
dictatorial) government.
Crimes are today usually classified as:
 mala in se; this refers to crimes that are wrong in themselves for example rape,
murder, robbery, arson, aggravated assault etc. They are as offensive to morality as to
be obviously criminal.
 mala prohibita; This refers to crimes that are wrong because they intrude on the rights
of others. Examples are traffic offences, trespass. Until the recent past the use of
contraceptives in some states was illegal; abortion, except to save the life of the
pregnant woman, was illegal in some states. There is no agreement that the acts are
criminal within themselves. In the absence of such agreement, violation is wide spread
and enforcement is very difficult. Violations of specific regulatory statutes, such as
traffic violations, that ordinarily would not be punishable in the absence of statutory
enactments prohibiting the commission of such acts.

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In most cases, crimes including treason, that are mala in se are called felonies and are
punished more severely than those that are mala prohibita, most of the latter falling into the
category of misdemeanors
1.2 Definitions of Terms

a) Felony; A felony is a very serious crime for which the offender may be sentenced to
death or long term imprisonment. Examples include: treason, rape, murder, stock theft,
robbery, etc

b) Misdemeanor; This is a less serious offence compared to a felony for which a fine or a
short sentence may be provided in a local detention facility. Examples include: minor
traffic offenses, trespass, attempted suicide, theft of farm produce etc.

c) Means rea (latin, “guilty minded”); It refers to awareness of wrong doing; the
intention to commit a criminal act or behave recklessly

d) M’cnaughten rules; This refers to rules which excuse otherwise criminal behaviour
from punishment or liability. The rules are usually applied on feeble – mindedness
people, very old, children and sick (insane)

e) Criminal attempt; Refers to an act or omission constituting a substantial step in a

course of conduct planned to culminate in the commission of a crime.

f) Criminal offence; Refers to a public crime committed against the state. The state is the
prosecutor

g) Civic offense; This is a wrong that is committed against an individual

h) Common law; This refers to those customs, traditions, judicial decisions that guide the
courts to make decisions. These rules are codified. They may be called customary laws

i) Deviance; This is a broad concept encompassing both illegal behaviour and behaviour
that departs from the social norms.

j) Penology; This is a branch of criminology that studies punishments. It explains the

major aims or Rehabilitation the philosophy behind punishments.

k) Rehabilitation; It refers to any programmed ameliorative exercise, guidance or

instructions afforded to those with a particular disability, whether physical,
psychological, or social. The term is usually synonymous sponsored by official or
public programmers. People who can benefit from rehabilitation include
convalescents, deaf mutes or blind people, alcoholics, criminals and juvenile
delinquents. In all cases the purpose of such beneficial treatment is instilling or
restituting of positive skills or attitudes in a person to provide him or her with a more
contributive and fulfilling role in society.

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l) Juveniles; It refers to young people below legal age for adults who engage in criminal
or anti social behaviour. In parts of the United States of America the age is 16 or 17
and below and in Kenya it is below age 18.

m) Criminal law; It refers to a branch of law that defines crimes, establishes punishments,
and regulates the investigation and prosecution of people accused of committing
crime. criminal law includes both substantive procedures, which regulates the
implementation and enforcement of substantive criminal law.

n) Criminology; It refers to the scientific study of the making of laws, breaking of laws,
and society’s reaction to the breaking of laws. Sometimes these laws are arrived at by
consensus; sometimes they are imposed by those in power. Criminology can also be
defined simply as the study of crimes; or as a social science that studies the different
branches of criminal justice system. Criminology also deals with criminal etiology
which is a scientific analysis of the causes of crime. It also deals with the typology of
crime, the nature, extent and magnitude of crime in society.

o) Penology; This is concerned with control and prevention of crime. it is the study of
crime punishments, aims, philosophy and the principles underlying penal sanctions. It
explains the rationale for various reasons on why people are treated differently by the
criminal justice system. Examples of these include; rehabilitation, retribution,
incapacitation, fines etc.

p) Correctional methods; These are the methods that are applied to rehabilitate offenders.
It is the study of treatment, correction, rehabilitation of offenders within penal
institutions such as prisons; probation service, Borstal institutions, approved schools
and juvenile homes. As a corrective measure we may include services such as
community service orders, where offenders pay back their crimes by working free for
a community.
q) Delinquency; It refers to criminal or antisocial behaviour of juveniles. Juvenile
delinquents are usually considered to be in need of treatment, rehabilitation, or
discipline.

r) Tort; It refers to wrongful act that causes injury to a person or property and for which
the law allows a claim by the injured party to recover damages (money). A lawsuit
based on a tort is a private claim under the civil law. The types of tort are: intentional
torts; torts based on negligence; other torts.

Intentional torts
 Assault and battery

 False imprisonment

 Malicious prosecution and infliction of emotional distress,

 Trespass and conversio

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Tort based on negligence
 Malpractice - especially with medical practitioners e.g. drug prescription,
carless operations

 Emotional distress e.g. neglect of a child, spouse, parents

Other torts
 Defamation – causing embarrassment and tarnishing ones name
 Product liability – manufacturers e.g. the defects of a certain Toyota brand car

Review Questions
i) Define criminal law
ii) Differentiate between criminal law and civil laws
iii) Define what tort is
iv) What are the types of torts?
v) Differentiate between delinquency and deviance?

References for further reading

i) Joseph, F.S. (1995). Criminology (2nd Edition). New York. Thomson Publishing
Company
ii) Freda, A. et. Al (2004). Criminology and the criminal justice system. 5th Edition: New
York: McGraw-Hill companies.
iii) Sue, T.R (1994). Crime and Criminology (7th Edition). London: C.Brown C. Inc.
iv) Freda, A. et. Al. (1995). Criminology (2nd Edition): New York: McGraw-Hill Inc.

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CHAPTER TWO: WHATS IS CRIME, LAW AND CRIMINOLOGY

2.0 Learning Objectives

1. Understand the Parties to a crime
2. What is the purpose of criminal law
3. What are the general principles of criminal liability

2.1 Parties to a Crime

a) Principals
A principal in the first degree is a person who, with the requisite intent, actually engages in
the criminal act that causes the harm. A principal in the second degree is a party who aids,
counsels, enables, or commands the principal in the first degree in the commission of the
crime and is present at the time of the crime. A person who is not at the immediate crime
scene may, nonetheless, he a principal in the second degree if he or she is considered
constructively present e. g. by being close enough to render assistance in the commission of
the crime. For example, the driver of a gateway car might be constructively present and
therefore a principal in the second degree.

b) Accessories
An accessory before the fact is a party who aids or abets a crime or insists that a specified
crime he committed but is not present at the scene at the time of the crime. Accessories before
the fact or principals in the second degree are as responsible for the clime in question as the
one who actually does the forbidden act. They are also responsible or any other crimes
committed in the course of the commission of the crime in which they are involved, as long as
the additional crimes were foreseeable.
An accessory, after the fact is a party who, though not present at the commission of the crime,
aids, receives, or comforts a wrongdoer, knowing that he or she has committed a crime, in
order to help the wrongdoer avoid capture, conviction, or punishment The assistance could be
in the form of facilitating escape or destroying evidence of the crime.

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2.2 Criminal Law
Criminal law is a branch of law that defines crime, establishes punishments, and regulates the
investigation and prosecution of people accused of committing crimes. Criminal law Includes
both substantive law and criminal procedure, which regulates the implementation and
enforcement of substantive criminal law.
Substantive criminal law defines crime and punishment; for example, what act constitutes
murder or what punishment a murderer should receive. On the other hand, criminal procedure
is concerned with the legal rules followed and the steps taken to investigate, apprehend,
charge, prosecute, convict, and sentence to punishment of individuals who violate substantive
criminal law. For example, criminal procedure describes how a murder trial must be
conducted.
Criminal law can be discussed in the context of the common law system which is found in
countries such as England, Canada, and the United States; or in the context of civil law
systems which are found in most western European countries, much of Latin American,
Africa and parts of Asia.

In the common law system, judges decide cases by referring to principles set forth in previous
judicial decisions. Common law systems are typically contrasted with civil law systems.
In civil law systems, judges decide cases by referring to statutes, which are enacted by
legislatures and compiled In comprehensive book called codes.
In legal systems based on common law, criminal law is distinguished from what known as
civil law. In this context, the term civil law refers to the rules regulating private relationships,
such as marriage, contracts, and personal injuries. In contrast, criminal law governs actions
and relationships that are deemed to harm society as a whole.

2.3 Purpose of Criminal Law

Criminal law seeks to protect the public from harm by Inflicting punishment upon those who
have already done harm and by threatening with punishment those who are tempted to do
harm.
The harm that criminal law aims to prevent varies. It may be physical harm, death, or bodily
injury to human beings; the loss of or damage to property; sexual immorality; danger to the
government; disturbances of the public peace and order; or injury to the public health.
Conduct that threatens to cause, but has not yet caused, a harmful result may be enough to
constitute a crime. Thus criminal law often strives to avoid harm by forbidding conduct that
may lead to harmful results.
Another purpose of criminal law but also shared by civil law in the common law system is to
respond to harmful acts committed by individuals. However, each type of law provides
different responses. For example, a person who is injured by the action of another may bring a
civil law suit against the person who caused the harm. If the victim prevails, the civil law
generally provides that the person who caused the injury must pay monetary damages to
compensate for the harm suffered. A person who acts in a way that is considered harmful to

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society in general may be prosecuted by the government in a criminal case. If the individual Is
convicted (found guilty) of the crime, he or she will be punished under criminal law by a fine,
imprisonment, or death. In some cases, a person’s wrongful and harmful act can invoke both
criminal and civil law responses.

2.4 Origin of Common Law

The common law began developing in England a millennium or more ago. Until the mid -17”
century, the English parliament (legislature) did not convene regularly. As a result; judges
rather than legislators often created, defined, and meted out punishment for crimes.
Many of the crimes thus created — called common law crimes, as distinguished from
statutory crimes still influence the definition of crime in England and the United States.
Among the major common law crimes are murder and manslaughter, mayhem, rape, larceny,
robbery, burglary, and arson (all common law felonies) and assault and battery, perjury, (all
common law misdemeanors). Even In the early days, however, gaps sometimes appeared in
the network of judge —made criminal law, and the legislature enacted statute enacted statutes
to fill the gaps in the common law definition of crimes.

2.5 Statutory Crimes

Although the common law provides for defining crimes, federal and state legislatures have
enacted statutes that specifically define the elements (parts) of crime. For example, common
law judges defined rape as sexual intercourse by a man with a woman who was not his wife,
against her will and through the use or threat of force. Some modern statutes have modified
the elements of the common law crime of rape, for example, under some statutes the victim
can be found guilty of raping his wife In modern times, both in England and the United States,
legislatures have almost completely taken over the task of defining crimes, Judges seldom, if
ever, create new definitions of crime, although in England and in many states of the United
States they theoretically still have that power.
Until the late 18th century the common law predominated in defining crimes, and there were
relatively few no more than 20 or 30. Today, statutes specify hundreds of crimes in England
and in The United States. Matters that judges three centuries ago never even thought about-
such as carjacking; bribing lecturers, and making false statements in connection with the
registration of stocks and bonds — have been classified by legislatures as new statutory
crimes.
Although the trend is to add new crimes by statute to a lesser extent, there is a tendency for
some crimes of one era to disappear in the next. For example, jurisdictions that once punished
witchcraft by death no longer recognize it as a crime at all. Other crimes once prevalent in
common law jurisdictions such as adultery, fornication, sodomy, and blasphemy have been
eliminated by many legislatures.
These activities are often ignored by law enforcement officials in jurisdictions where they
remain crimes.

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2.6 Law Making Authority
Law making in central authority states and federal states is slightly different. The United
States for example has a federal system of government, meaning that power is divided
between a central authority and many regional authorities (Federalism). Consequently the
power to make law, including criminal law, is divided between the national governments of
the 50 states. Local governments also have the authority to enact laws.
The federal government derives its legislative power from the constitution of the United
States. The constitution gives the federal government authority over certain limited subjects;
such as power to tax, to regulate interstate commerce, to declare war, and to regulate the mail.
These powers include an implied authority to define some crimes e.g. the taxation power
includes the authority to make it a crime to fail to file an income — tax return that is filed.
The constitution also explicitly grants power to define criminal behavior. For example, it
gives the federal government the authority to punish counterfeiting, treason, and felonies
committed on the high seas (such as piracy) etc. The federal government may also protect
itself from harm. Thus it has defined as crimes sedition (inciting dissatisfaction with
government), bribery of federal officials, and perjury (providing false testimony) in federal
courts.
The states retain broad power to make law, including criminal law, over mailers not delegated
by the United States constitution to the federal government or specifically denied to the states.
In fact, the states have primary responsibility for defining and enforcing criminal law. The
vast majority of all criminal prosecutions take place in state courts under state criminal codes.
Each state, within its own territory, has so—called police powers to make and enforce such
laws as it deems, necessary or appropriate for promoting the public health, safety, morals or
welfare.
Unlike federal states, in central authority states like Kenya, law making is done by the state
guided by the state’s constitution through an Act of parliament. The local government
authorities have the authority to enact law that governs specific city councils and
municipalities.
2.7 General Principles of Criminal Liability
(a) Age
A child under the legal age of between eight and twelve years is not criminally liable for any
crime he/she commits unless they do so in cohort with an adult. It is assumed that a child has
no capacity to comprehend right or wrong. He or she is therefore unable to know the adverse
consequences of his/her acts or omission.

(b) Insanity
This is a situation of mental Instability due to sickness where a person may not be In a
position to make informed decisions due to various reasons including drunkenness, drug
addiction. The accused must prove that during the commission of the crime he/she was insane
for the criminal liability to be waived.

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(c) Compulsion
If a person proves that he/she committed a crime through compulsion they are not liable for
the actor omission. If a person commits murder through being forced with a gun to do it
he/she cannot be held responsible for the act. This is because even though an act has been
committed the person did not have a prior intention of doing so and did not have any criminal
intention or mens rea. If a child soldier is forced to kill his relatives by superior order from his
armed seniors he may defend himself by saying that it was through compulsion that he
committed the offence.
(d) Necessity
A group of soldiers in the high seas went without food for seven days after their ship stalled.
They were about to die one after the other when two of the soldiers decided to kill the third
soldier and ate him. On reaching the land, they were accused of murder, The two soldiers
pleaded guilty but claimed that they did kill their colleague out of necessity as they had gone
without food for seven days and could have died if they did not do what they did. It was
concluded that though they committed the act they did not have the guilty mind.

(e) Mistake of Fact

A person heard a commotion outside his home compound at mid night and thinking that there
were robbers outside decided to shoot the intruders. The person was not a robber but his son.
The person was found not guilty because he killed by a mistake of fact.

Review Questions
i) Define the parties to a crime
ii) Expound the purpose of criminal law to the society
iii) Highlight on the Law Making Authority
iv) Discuss the origin and practice of common law
v) Briefly discuss the General Principles of Criminal Liability

References for further Reading

i) Introduction to criminology by melcon s. lapina, 1996 Joseph, F.S. (1995).
Criminology (2nd Edition). New York. Thomson Publishing Company
ii) Freda, A. et. Al (2004). Criminology and the criminal justice system. 5th Edition: New
York: McGraw-Hill companies.
iii) Sue, T.R (1994). Crime and Criminology (7th Edition). London: C.Brown C. Inc
iv) Freda, A. et. Al. (1995). Criminology (2nd Edition): New York: McGraw-Hill Inc.

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 CHAPTER THREE: CRIME AND CRIMINOLOGY

3.0 Learning objectives

By the end of this chapter the learner should be able to:-
i) Define crime and criminology
ii) What are the historical roots of criminology
iii) Understand the various types of crime in society
iv) Determine the implications of organized and political crimes to
individuals and society as a whole

3.1 Criminology
Criminology is the scientific approach to the study of the nature, extent, cause, and control of
criminal behavior. Criminology uses the scientific method to pose research questions
(hypotheses), gather data, create theories and test their validity.

Criminology integrates knowledge from the following fields:

 Sociology
 Psychology
 Economics
 Political Science
 Natural Sciences
 Criminal Justice

Criminology is the body of knowledge regarding crime as a social phenomenon. It includes

within its scope the processes of making laws, of breaking laws, and of reacting toward the
breaking of laws. The objective of criminology is the development of a body of general and
verified principles and of other types of knowledge regarding this process of law, crime, and
treatment. The latter definition includes the most important areas of interest to criminologists:

(a) The development of criminal law and its use to define crime
(b) The cause of law violation
(c) The methods used to control criminal behavior

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3.2 Historical Roots of Criminology
 Utilitarian philosophy of Becarria

 Biological determinism of Lombroso

 Social theory of Durkheim

 Political philosophy of Marx

3.3 Types of Crime
All crimes have something in common, a set of characteristics, or elements that distinguish
them from all non-crimes. The term crime covers a wide variety of different types of crimes
with their own distinct features. For example murder and arson are both crimes. They have
the same general elements of crime including a criminal intent [mens rea] and a harm
element. But these elements take different forms in different crimes. Crime can be categorized
into three types:-
 Serious crimes [felonies]
 Medium crimes [misdemeanors]
 Petty crimes [called violations]
The more serious crimes are grouped into categories based on the harm these crimes entail,
such as harm against life, against physical integrity, against honor, against property.

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3.3.1 Violent Crimes/Crimes against the Person
These are offences committed against a person by another. They are usually violent in nature
and include offences such as murder, grievous bodily harm, assaults, rape, manslaughter,
battery, kidnapping, assassinations and robbery.
Among the violent crimes, homicide is the most serious one, since it involves the killing of
one human being by another. Criminal homicides are subdivided into three categories;
murder, manslaughter and negligent homicide.
Murder in common law is defined as the intentional killing of another person with malice
aforethought [premeditated, deliberate or intentional killings]. On the other hand
manslaughter is the unlawful killing of another person without malice. Manslaughter may be
either voluntary or involuntary. Voluntary manslaughter is a killing committed either
intentionally but without malice, for example, in the heat of passion or in response to strong
provocation. People who kill under extreme provocation cannot make rational decisions as to
whether they have a right to kill or not. They therefore act without the necessary malice.
Finally, a crime is designated as involuntary manslaughter when a person has caused the death
of another unintentionally but recklessly by consciously disregarding a substantial and
unjustifiable risk that endangered another person’s life [negligent homicide] e.g. through
blocked exits, overcrowding e.t.c.
i. Assault
This is an attack on another person that is made with apparent ability to inflict injury and that
is intended to frighten or to cause physical harm. Such assaults include a spouse abuse, child
abuse, abuse of the elderly and rape and sexual assault. Assaults that are family-related pose a
number of challenges when dealing with them due to their nature and the social bonds
existing between family members. Child abuse however is common among lower class
families; parents who abuse alcohol and drugs, have low self esteem and have poor
attachment to their children are likely to assault them.

ii. Rape
According to criminologist, rape can be analyzed from psychological and socio-cultural
factors. From the psychological perspective, rapists are psychotic, sociopathic or feel deficient
in masculinity. Most rapists show hostile feelings towards women, have histories of violence
and tend to attack strangers. Some rapists view women as sex objects whose role is to satisfy
them.
Psychological explanation therefore assumes that men who rape are maladjusted in some way
or the other. On the other hand, scholars of the socio-cultural view believe that rape is
culturally related to societal norms that approve of aggression as a demonstration of
masculinity. Rape in this context is the mechanism by which men maintain their power over
women. One of the challenges sexual assault faces is the difficulties of prosecution. Victims
of rape have often been regarded with suspicion by the criminal justice system.

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Rape crimes need to have sufficient corroborating evidence such as semen, torn clothes,
bruises, or eye witness testimony. In some cultures there is widespread belief that women ask
for it either individually or as a group by enticing or encouraging the rapists [e.g. by way of
dressing or walking in isolated avenues alone]/ Defendants therefore in rape cases so often
claim that the witness in some way is responsible for the attack. As a result of such behavior,
rape victims in the court room tend to become the ‘accused’ required to defend their good
reputation and their mental soundness. In general so many burdens are placed on the victims
making it relatively hard to report rape assaults in society.
Empirical research has also revealed that some violent crimes against the person typically take
place among friends, acquaintances and relatives. This is particularly the case of family-
related violent crimes like child abuse, spouse abuse, rape and sexual assault and battery.

3.3.2 Crimes against Property

These offences include forgery, fraud, shoplifting, vandalism, out-theft, burglary, larceny,
purse snatching, pick-pocketing e.t.c. All these crimes are occasional because those who
commit them do not do it regularly. The offenders normally take advantage of a chance to
steal when little risk is involved.
Typically, their acts are carried out with little skills, are unplanned and result from some
pressing situation, such as the need to pay the rent, or a gambling debt. Unlike organized
criminals, amateur criminals resolve to steal to meet immediate needs. Many of the criminals
involved in property crime are juveniles who do not go on committing crime in adulthood.
On the other hand, the professional thief makes a career of stealing. They are imaginative and
creative in their work and accept its risks. The professional thieves operate in a bureaucratic
type of organization with clear division of labour and chain of command. According to
Sutherland [1937] professional thieves share five characteristics:
i. They have well-developed technical skills for their particular mode of operation
ii. They enjoy status, accorded to them by their own sub-culture and by law Enforcement
iii. They are bound by consensus, a sharing of values with their own peers.
iv. Not only do they learn from each other, but they also protect each other.
v. They are organized, however loosely.
Professional thieves seek protection from the law thus political connections and pay offs to
public officials. Their main goal is financial gain and as a result they set up companies that
operated upfront. They provide illegal goods and services as per demand e.g. guns. Cheap
imports like radios, TVs, sugar, drugs, used clothes and spare parts.
Among the relatively increasing incidents of crimes against property is fraud. Fraud is the
acquisition of the property of another person through cheating or deception. Fraud today is so
widespread and covers areas such as cheque forgery, credit card crimes, insurance fraud and
computer fraud. Computer crime for example, is a growing concern and technological
advances continue to offer new possibilities for increased cases of fraud in society.

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Apart from the above crimes against property, burglary or the unlawful entry into one’s
property [structure] to commit a felony or theft is a major challenge being experienced in
Kenya today. Research on burglars revealed the following aspects:-
 The amount of planning that precedes a burglary; professional burglars plan more than
amateur criminals
 The extent to which a burglar engages in systematic selection of a home. Some
burglars examine the obvious clues such as presence of an alarm, watchdog, open
windows e.t.c.
 The extent to which a burglar pays attention to situational clues. Burglars routinely
choose corner property because it offers more avenues of escape, has fewer adjoining
properties and offers better visibility.
 Burglars minimize the time spent in targeted places so as not to reveal their intention
to burglarize.
 Opportunities for burglars occur when a dwelling is unguarded
 Professional burglars are aged between 18 – 33 years while mature burglars are aged
15 – 17 years.
Finally another serious crime against property is arson. Arson, according to criminologists is
defined as the malicious burning or setting fire to the dwelling of another person. The
properties that may be targeted by arsonists include automobiles, business premises e.t.c.
Studies in the United States of America revealed that though insurance fraudsters and
organized criminals may be responsible for a large number of arsons committed, juveniles
also account for significant incidents of arsons. The statistics showed that;
 In 1992, juveniles under the age of 18 accounted for about 49% of the arson arrests
nationwide.
 Nationwide arson arrests of juvenile rose to 8 percent between 1991 – 1992, while
adult arrests showed a 3% decrease
 One of every sixteen persons arrested for arson is under age of 10 and one in every
four is under the age of 15
 Juveniles were responsible for approximately 50% of the arsons in some major cities.
Research suggests that juvenile fire setters may have psychological pain, anger, revenge, need
for attention, malice, mischief or excitement. These juvenile arsonists are crying for help and
need serious intervention programmers’.
According to ideas of John M. MacDonald, fire setters may be classified using the following
motives:-
 Revenge, jealousy and hatred
 Financial gain [most insurance (fraud)]
 Intimidation and or extortion [often involving organized crime]
 Need for attention

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  Social protest
 Concealing other crimes
 Facilitating other crimes
 Vandalism and accidental fire setting
3.3.3 Organizational / Corporate Crime
By most estimates, corporate crime costs the society more in human lives and money than the
more highly publicized, more severally punished and for more familiar street crimes. This
suggests strongly that people are more likely to be victimized as a result of activities or in
activities of business and industry than by street crime or burglary.
Victims of corporate crime rarely make their victimization known to authorities because they
sometimes do not even realize they are victims. In general corporate crime not only goes
unpunished, it goes unreported and even undetected.
White collar crime, corporate crime or occupational crime can therefore be committed by a
corporation as well as by individuals e.g. executive management personnel. This type of
crime can be defined as a violation of law committed by a person or group of persons in the
cause of an otherwise respect and legitimate occupation or business enterprises.
Corporate offences include a heterogeneous mix of corporate and individual crime, from
fraud, deception, corruption to pollution of the environment. Victims of white collar crimes
range from investors to the unsuspecting customer. No one person or group is immune from
white collar crime in society. For example, fraudulent charities, stock schemes e.t.c. have
swindled fortunes from unsuspecting investors and many banks have been forced into
bankruptcy by losses due to deception and fraud.

3.3.4 White Collar Crime

There are various types of white collar crimes committed by individuals in society and they
include the following:-
1. Securities related crimes
2. Bankruptcy fraud
3. Fraud against government
4. Consumer fraud
5. Computer crimes
6. Insurance fraud
7. Tax fraud
8. Bribery, corruption and political fraud
9. Insider-related fraud
These offences are committed at places of work by persons who work there. A civil servant
who for example claims extra night out under the pretext that he or she spends an extra night

15
is guilty of committing occupational crime. Other offenses include persons who engage in
deceptive pricing or overcharging by submitting inaccurate cost and pricing data, product
substitution or the delivery of inferior products as had been specified in the tendering,
violation of labour laws, tax laws, selling of substandard products like drugs by
pharmaceutical companies.
Despite the fact that corporate and occupational crimes have been on the increase over the
past years, one of the challenges that makes it so difficult to curb corporate crime is the
enormous political power corporations wield in shaping the administration of the laws that
govern their conduct.
This is particularly the case in regard to multinational corporations that wish to operate in
developing countries. The promise of jobs and development opportunities is alluring. They
would rather have employment opportunities that pollute air and water than unemployment in
a clean environment. Government officials may be bribed to create or maintain a legal climate
favorable to the business interest of corporations, even though it may be detrimental to the
people of the host country. That is why today environmental crime is being considered as one
that has the greatest impact on society.

3.3.5 Crimes of Morality

These are the crimes that are said that to have no victim because the victims are at the same
time the actors of the crime. For example activities involved in prostitution, drunkenness, sex
acts between consenting adults for money, and drug use are commonly called victimless
crimes. Perhaps that is because it was assumed that people who engage in moral crime
rationally chose to do so and do not view themselves as victims. Often no one complains to
the police about being victimized by such casual activity. However today’s contemporary
forms of such activities and their implication may entail massive victimization. For example,
how many murders are committed during drug gang wars? Or how much damage is done to
people and property by drunken drivers?
In the case of drug abuse and crime there are many categories involved that sometimes stretch
beyond national borders. Their implications also involve all social classes, that in one way or
the other, touch most people’s lives and that cost society significant sums of money. The drug
science includes manufacturers, importers, primary distributors, dealers who sell drugs on the
streets, corrupt criminal justice officials, users who endanger other people’s lives through
negligence. The drug problem is further complicated by the wide diversity of substances
abused, their varying effects on the mind and body. There is also the issue of connection
between drug use and crime, as a number of crimes are committed under the influence of
drugs or to get the money to support the habit.
Therefore though crimes of morality over the years were being viewed as victimless crimes
because the victims are at the same time the actors. Today these offences fall under the
category of public order crimes. They are crimes that interfere with the normative order of
society and need regulation and legislation to gap their remedies.

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3.3.6 Organized Crime
Organized crime is defined as a business that provides illegal but desired product or services
to the non-criminal public. Those involved in organized crime are really quite similar to those
involved in legitimate business, since their goal is material success; they employ mechanisms
to achieve that goal.
Organized crime consists of a highly organized structure with the ‘lords’ of the underworld at
the top. Those persons make all the important decisions and since they are rarely detected,
little are known about their career patterns. At the bottom are those offenders who deal
directly with the public and they frequently resemble conventional offenders in their career
patterns.
Many of the persons involved in organized crime come from juvenile street gangs. As Tyler
states, the ‘gang is an organized group, a culture within the culture, demanding of its members
a loyalty above state, religious and even family’.
Significant support in organized crime comes from the criminal groups with which they
associate. Often these are specialized groups, organized around the efforts to gain monopoly
over a particular kind of criminal activity; such as prostitution. They operate through threats,
intimidation, bribery and when necessary, violence. Organized crime also finds support
among outside groups. The top officers are rarely caught but when those at the lower levels
are, they often ‘fix’ the situation and let them released.
Organized crime finds protection from those outside, including, in some cases, the police,
judges and other relevant professionals. It may also gain immunity through its political
control in locality.
Organized crime can be classified into three categories:-
i.Control of illegal activities; such as gambling, prostitution and drugs. Public reaction
to these crimes varies because of the fact that some do not see these activities as
immoral or criminal and as such organized crime provides services for many
ii.Control of legitimate businesses; organized crime has penetrated various legitimate
businesses as well as politics
iii.Racketeering, this means a systematic extortion of money from persons or
organizations. Its purpose is financial gain on a regular basis. Through racketeering
business will be guaranteed protection e.g. Mungiki in Kenya.

3.3.7 Political Crimes

Political crimes are those which challenge the authority of the state and particularly its
monopoly on the use of force. Actions aimed at changing the social structure may also be
considered political crimes and may result from violations of statutes aimed at preserving that
structure or laws with other purposes, which are enforced for political reasons.
Some of the actions categorized as political crime are; treason, sedition, espionage, sabotage,
assassination, war collaboration, violation of military draft regulation, civil rights violations,
student protests violations, violation resulting from the advocacy and support of radical
beliefs and failure to conform to certain laws because of religious beliefs.

17
Also included in political crime are the behaviour of the office holders themselves, including
law enforcement agents who in the attempt to preserve a particular social order, violate the
constitution as was seen for example in police brutality during the 2007 disputed election
outcomes; and extra judicial killings in Kenya. In general, political crimes usually thrive in
autocratic states where human rights abuses are common, where politics of the belly and bad
governance are the norm in these regimes.

Review Questions
i) List the types of crimes
ii) What are violent crimes
iii) Define crimes against morality
iv) Distinguish between violent and organized crimes
v) What are white collar crimes

References for further Reading

i) Freda, A. et. Al (2004). Criminology and the criminal justice system. 5th Edition: New
York: McGraw-Hill companies.
ii) Sue, T.R (1994). Crime and Criminology (7th Edition). London: C.Brown C. Inc.
iii) Freda, A. et. Al. (1995). Criminology (2nd Edition): New York: McGraw-Hill Inc.

18
 CHAPTER FOUR: SCHOOLS OF CRIMINOLOGY

4.0 Learning Objectives

by the end of this chapter the learner should be able to:-
i) Define criminology according to Edwin Sutherland and Donald Cressey
ii) Field of interest in criminology
iii) Early schools and pioneers of criminology
iv) Perspectives of criminology
v) Criminological enterprise
vi) Historical roots of criminology

4.1 SCHOOLS OF CRIMINOLOGY

4.1.1 DEMONOLOGY
The oldest known explanatory model of behaviour is that of demonology. Prior to the
eighteenth century, explanations of a wide variety of phenomena tended to be of a religious or
spiritual nature. People who violated social norms or religious practices were believed to be
witches or possessed by demons.

It used to be thought that criminal behaviour was the result of a possessed mind and/or body
and the only way to exorcise the evil was usually by some torturous means. The key was a
focus on the individual rather than his or her environment or any social forces.

Demonological explanations of crime began to wane in the 18th century with the beginning of
a period of historians called ‘The Enlightenment’, which was essentially a major shift in the
way people began to view the world and their place. Enlightenment thinkers focused on the
dignity and worth of the individual; a view that would eventually find expression in the law
and treatment of criminal offenders.

4.1.2 CLASSICAL CRIMINOLOGY (Mid-18th Century)

The father of classical criminology is generally considered to be Cesare Beccaria. His book
titled ‘Dei Delitti e della Pene’ (On Crimes and Punishment), 1764; is an impassioned plea to
humanize and rationalize the law and to make punishment more just.

Beccaria did not question the need for punishment, but he believed that laws should be
designed to preserve public safety and order and not to avenge crime. To ensure a rational and
fair penal structure, punishments for specific crimes must be decreed by written criminal
codes and the discretionary powers of judges severely curtailed.
His view was that people’s behavior is motivated by the pursuit of pleasure and the avoidance
of pain. In order for punishment not to be in every instance, an act of violence of one or many
against a private citizen, it must be essentially public, prompt, necessary, the least possible in
the given circumstances, proportionate to the crimes, and dictated by the laws.

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Basic Elements:
 In every society people have free will to choose criminal or lawful solutions to meet
their needs or settle their problems.
 Criminal solutions may be more attractive than lawful ones because they usually
require less work for a greater payoff; if left unsanctioned, crime has greater utility than
conformity.
 A person’s choice of criminal solutions may be controlled by his or her fear of
punishment.
 The more severe, certain, and swift the punishment, the better able it is to control
criminal behavior. Let the punishment fit the crime.

Jeremy Bentham and Human Nature

Bentham was also a classical thinker and he authored a book titled: Principles of Morals and
Legislation (1789); where he outlined a philosophy of social control based on the principle of
utility, which prescribed “the greatest happiness for the greatest number.”

Any human action at all should be judged moral or immoral by its effect on the happiness of
the community. Hedonism is a doctrine with the central tenet that the achievement of pleasure
or happiness is the main goal of life. Rational behavior on the other hand is behavior that is
consistent with logic.

Hedonism and rationality are combined in concept of the hedonistic calculus, a method by
which individuals are assumed to logically weigh the anticipated benefits of a given course of
action against its possible costs. Free will enables human beings to purposely and deliberately
choose to follow a calculated course of action. Bentham and Beccaria thus asserted that if
crime is to be deterred, punishment (pain) must exceed the pleasures gained from the fruits of
crime.

4.1.3 POSITIVISM (19th Century)

In the 19th century criminologists began to move away from the classical assumptions,
especially the assumption of free will as it is commonly understood, and toward a more
scientific view of human behavior. The increasingly popular view among criminologists of
this period was that crime resulted from internal and/or external forces impinging on
individuals, biasing or even completely determining their behavior choices.

This position became known as determinism, and its adherents were known as positivists. The
term positivism is used to designate the extension of the scientific method to social life.
Positivistic criminologists were more concerned with discovering the biological,
psychological, or social determinants of criminal behavior rather than with the classical
concerns of legal and penal reforms.

20
This school rests on the belief that human behavior is a function of internal and external
forces. It embraced the scientific method to solve problems. Charles Darwin (1809-1882)
popularized the positivist tradition. His work on the evolution of man encouraged a 19th
Century “cult of science” that mandated that all human activity could be verified by scientific
principles. If the scientific method could be applied to the study of nature, then why not use it
to study human behavior.

Auguste Comte (1798-1857) – founder of sociology; coined the word Positivism. Positivism
is the branch of social science that uses the scientific method of the natural sciences and
suggests that human behavior is a product of social, biological, psychological, or economic
forces.

4.1.4 PSYCHOLOGICAL SCHOOL

Philippe Pinel, one of the founders of French psychiatry denotes what is known as
Psychopathic Personality – a personality characterized by a lack of warmth and feeling,
inappropriate behavior responses, and an inability to learn from experience. Some
psychologists view psychopathy as a result of childhood trauma; others see it as a result of
biological abnormality. In 1812, an American, Benjamin Rush, described patients with an
“innate preternatural moral depravity.”

Sigmund Freud had his own views on what makes a criminal. Freud proposed that much
deviance resulted from an excessive sense of guilt as a result of an overdeveloped superego.
Persons with overdeveloped superegos feel guilty for no reason and wish to be punished in
order to relieve this guilt they are feeling and committing crimes is a method of obtaining
such desired punishment and relieving guilt. In effect, a person commits the crime so that they
can get punished and thus relieve guilt – the guilt comes before the crime.

According to this view, crime is not the result of a criminal personality, but of a poorly
integrated psyche. Freud also identified the “pleasure principle”; that humans have basic
unconscious biological urges and a desire for immediate gratification and satisfaction. This
includes desires for food, sex, and survival. Freud believed that if these could not be acquired
legally, people would instinctively try to do so illegally.

Freud also believed that people have the ability to learn in early childhood what is right and
what is wrong and though we may have an instinctive nature to acquire what we desire, such
nature can be controlled by what is learned in our early years. He believed that people
primarily get moral principles as a young child from their parents and that if these were
missing because of poor parenting, that child would grow up into being less able to control
natural urges to acquire whatever is needed.

English physician Henry Maudsley (1835-1918): “Crime is a sort of outlet in which their
unsound tendencies are discharged; they would go mad if they were not criminals, and they
do not go mad because they are criminals.”

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4.1.5 BIOLOGICAL DETERMINISM

Criminal Anthropology (Italian School)

A belief that criminogenic traits can be acquired through indirect heredity from a degenerate
family whose members suffered from such ills as insanity, syphilis, and alcoholism, or
through direct heredity – being related to a family of criminals.

Cesare Lombroso’s Criminal Man (1876) is considered the first book devoted solely to the
causes of criminality. Lombroso’s basic idea was that many criminals are born criminal and
they are evolutionary throwbacks to an earlier form of life.

Cesare Lombroso (1835-1909) believed that :

 Serious offenders inherited criminal traits. These “born criminals” inherited
physical problems that impelled them into a life of crime. This view helped stimulate
the interest in a Criminal Anthropology - early efforts to discover a biological basis of
crime through measurement of physical and mental processes. Criminogenic traits can
be acquired through indirect heredity, from a degenerate family whose members
suffered from such ills as insanity, syphilis, and alcoholism.
 Born criminals suffer from Atavistic Anomalies - the physical characteristics
that distinguish born criminals from the general population and are throwbacks to
animals or primitive people. Atavism is a term used to describe the appearance of
organisms resembling ancestral forms of life.

Physiognomists
They study whether the facial features of criminals to determine whether shape of ears, nose,
eyes and the distance between them were associated with antisocial behavior. The known
advocate is J. K. Lavater (1741-1801).

Phrenologists
They study the shape of the skull and bumps on the head to determine whether these physical
attributes were linked to criminal behavior. The known advocates are Franz Joseph Gall
(1758-1828) and Johann K. Spurzheim (1776-1832).

4.1.6 SOCIOLOGICAL CRIMINOLOGY

It can be traced to the works of pioneering sociologist - Emile Durkeim (1858-1917). Crime is
a social fact and it is a normal aspect of society although different types of societies should
have greater or lesser degrees of it. Thus crime is functional for society.

There are other schools herein:

a) The Chicago School

Group of urban sociologists who studied the relationship between environmental conditions
and crime namely, Robert Ezra Part (1864 – 1944), Ernest W. Burgess (1886 – 1966), Louis
Wirth (1897 – 1952) and their colleagues. These sociologists pioneered research on the Social
Ecology – environmental forces that have a direct influence on human behavior.

22
 b) Learning

In Differential Association Theory, Sutherland asserts that the excess of definitions favorable
to deviance over definitions unfavorable to violation of law enforces a person to become a
deviant while associating with other persons.

Criminal behavior is learned and learned in interaction with other deviant persons. Through
this association, they learn not only techniques of certain crimes, but also specific rationale,
motives. These associations vary in frequency and duration. Differential association theory
explains why any individual forwards toward deviant behavior. His assertion is most useful
when explaining peer influences among deviant youths or special mechanism of becoming
certain criminal.

c) Conflict Criminology

It is based on the writings of Karl Marx and later outlined by Neo-marxists (Vold and Turk):
The economic system controls all facets of human life; consequently, people’s lives revolve
around the means of production. The exploitation of the working class would eventually lead
to class conflict; a bourgeoisie – proletariat conflict. It is a Marxist-based radical criminology:
The economic systems produce the conditions that support a high crime rate. Crime is caused
by relative powerlessness.

4.1.7 Other Schools

a) Rafael Garofalo (Natural Crime and Offender Peculiarities)

Peculiarities: These are particular characteristics that place offenders at risk for criminal
behavior. Garofalo came up with the following recommendations for different types of
criminals:
 Extreme criminals: Execution for punishment
 Impulsive criminals: Imprisonment for punishment
 Professional criminals: Punishment is “elimination,” either by life imprisonment or
transportation to a penal colony overseas
 Endemic criminals: Controlled through changes in the law

b) Enrico Ferri (Social Defense)

Ferri’s concern was social preservation and not the nature of criminal behavior. Ferri was
instrumental in formulating a concept of social defense; the rational for punishment. This
theory of punishment asserts that its purpose is not to deter or to rehabilitate but to defend
society from criminal predation

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 c) Charles Goring’s Assault on Lombroso
Charles Goring in 1913 published a book titled The English Convict: A Statistical Study
where he concluded that there is no such thing as a physical criminal type.

Goring’s book was the first to adopt the position that criminality is probably the result of the
interaction of a variety of hereditary and environmental factors at a time when theorists
thought in terms of either/or, and a bridge between early biological positivism and the less
deterministic psychological and psychiatric schools.

Summary
Criminology is the scientific approach to the study of criminal behavior and society’s reaction
to law violations and violators. It is essentially an interdisciplinary field; many of its
practitioners were originally trained as sociologists, psychologists, economists, political
scientists, historians, and natural scientists. Criminology has a rich history with roots in the
utilitarian philosophy of Beccaria, the biological perspective of Lombroso, the social theory
of Durkeim and the political philosophy of Marx.

The study of deviant behavior also overlaps with criminology because many “deviant” acts
are violations of criminal law. The criminological enterprise is comprised of subareas,
including criminal statistics, the sociology of law, theory construction, criminal behavior
systems, penology, and victimology.

Criminologists believe in one of three perspectives: the consensus view, the conflict view, or
the interactionist view. The consensus view dictates that crime is illegal behavior defined by
the existing criminal law, which reflects the values and moral of a majority of citizens. The
conflict view states that crime is behavior created so that economically powerful individuals
can retain their control over society. The interactionist view portrays criminal behavior as a
relativistic, constantly changing concept that reflects society’s current moral values.

Review Questions
i) Discuss the demonolgy school of criminology
ii) What is biological determinism as highlighted by Cesare Lombroso
iii) What is the difference between the ideology of Classical theorists and the
Positivists
iv) Discuss Garofalo’s typology of criminals:
v) Briefly expound on Enrico Ferri’s Social Defense theory

References for further Reading

i) introduction to criminology by melcon s. lapina, 1996,
ii) Freda, A. et. Al (2004). Criminology and the criminal justice system. 5th
Edition: New York: McGraw-Hill companies.
iii) Sue, T.R (1994). Crime and Criminology (7th Edition). London: C.Brown C.
Inc.

24
 CHAPTER FIVE: MEASUREMENT OF CRIME AND CRIMINAL BEHAVIOUR

5.0 Learning Objectives

By the end of this chapter the learner should be able to:

i) Understand the criminological enterprise

ii) Define the different perspectives of crime
iii) Understand the methods used in studying crime

5.1 The criminological enterprise (What criminologists do)

Sociology of Law
a) Sub-area of criminology concerned with the role of social forces in shaping
criminal law.
b) Criminologists help lawmakers alter the content of criminal law to respond to the
changing times.
Criminal Statistics
a) Creating valid and reliable measurements of criminal activity.
b) Gathering valid crime data, devising new research methods and measuring crime
patterns and trends.

Developing theories of Crime Causation

a) Psychological view contends crime is a function of personality, learning, or
cognition
b) Biological view incorporates biochemical, genetic, and neurological linkages to
crime
c) Sociological view includes social forces such as poverty, socialization, and group
interaction
d) Social theory is a systematic set of interrelated statements that explain some aspect
of social life
e) Some theory may be grand, while others are narrow in their focus
f) Theory is based on social facts, which can be readily observed
g) Predicting individual behavior and understanding the cause of crime rates and
trends.

25
Criminal Behavior Systems
a) Determining the nature and cause of specific Crime patterns.
b) Studying violence, theft, organized, white-collar and public order crimes.

Penology
a) Correction and control of known criminal offenders
b) Capital punishment is used as social control
c) Mandatory sentences are aimed at social control and prevention of criminal acts
d) Typologies involve different types of crime and criminals

Victimology

a) Examines the critical role of the victim in the criminal process

b) Use of victim surveys to measure the nature and extent of criminal behavior
c) Creating probabilities of victimization risk
d) Victim culpability or precipitation of crime
e) Studying the nature and causes of victimization and aiding crime victims.
f) Designing services and programs

5.2 Different perspectives of crime

a) Consensus View: The law defines crime and agreements exist on outlawed behavior. The
law applies to all citizens equally.

b) Conflict View: The law is a tool of the ruling class where crime is a politically defined
concept. “Real crimes” are not outlawed since the law is used to control the underclass.

c) Integrationist View: Crimes are illegal because society defines them that way. Criminal
labels are life transforming events.

5.3 Methods of studying crime.

a) Aggregate Data Research – Tells us about the effect of social trends and patterns on the
crime rate.

b) Cohort Research – Involves observing a group of people who share a like characteristic
over time.

c) Observational and Interview Research – Focuses on relatively few subjects, interviewing

them in depth or observing them as they go about their activities.

26
d) Experimental Research – To see the direct effect of one factor on another.

e) Survey Research – Designed to measure the attitudes, belief, values, personality traits, and
behavior of participants. There are three types of Survey Research:
 Self-Report Surveys – ask participants to describe, in detail, their recent and lifetime
criminal activity.
 Interviews.
 Cross-Sectional Research – simultaneously interviewing or questioning a diverse
sample of subjects who represent a cross section of a community. One and two involve
sampling – the process of selecting for study a limited number of subjects who are
representative of entire groups sharing similar characteristics, called populations.

5.4 Types of Cohort Research in Crime

a) Longitudinal – Characteristics: subjects are selected; their behaviors are followed for
long period of time. Data include: school experiences, arrests, hospitalizations, and
information about their family life (divorces, parental relations); and subjects given
repeated intelligence and physical exams; their diets monitored. Data can be collected
directly from subjects.

b) Retrospective - A study that uses an intact cohort of known offenders and looks back
into their early life experiences by checking their educational, family, police, and
hospital records. Important sources of Aggregate Data Research is Uniform Crime
Report (UCR); an annual report that reflects the number of crimes reported by citizens
to local police departments and the numbers of arrests made by police agencies in a
given year.

Review Questions
vi) Explain the core duty of criminologists
vii) How do criminologists view crime
viii) Discuss the methods which criminologist use to collect their data
ix) Describe the types of cohort research

References for further Reading

i) Introduction to criminology by melcon s. lapina, 1996 Freda, A. et. Al (2004).
Criminology and the criminal justice system. 5th Edition: New York: McGraw-Hill
companies.
ii) Sue, T.R (1994). Crime and Criminology (7th Edition). London: C.Brown C. Inc.
iii) Freda, A. et. Al. (1995). Criminology (2nd Edition): New York: McGraw-Hill Inc.

27
 CHAPTER SIX: ELEMENTS OF A CRIME

6.0 Learning Objectives

By the end of this chapter the learner should be able to:

(i) Identify the seven elements of a crime;
(ii)Explain the causation requirement
(iii)Contrast Mens Rea from Actus Reus,
(iv Define general and specific intent

6.1 Introduction
As pointed out in the other chapters, one of the major problems faced in defining crime is the
fact that it is a relative term; one which changes according to time, circumstances and place.
Crime is also a legal term and as a result, there is no uniform legal definition of specific
crimes in the several countries since the determination of what constitutes a crime rests with
individual jurisdictions.

Therefore, the government of each nation has its own body of criminal statutes which define
specific crimes. Thus, crime definition and the punishments mandated for them vary from
country to country and jurisdiction to jurisdiction.

Although the specific definitions of crimes vary, every definition specifies that in order for a
crime to occur, an act or omission must:
 be a legal wrong

 prohibited by criminal law

 prosecuted by the state

 in a formal court proceeding

 for which a criminal sanction or sentence may be imposed. Another important aspect
of criminal law is that a crime can only occur if certain necessary ingredients or
elements are met.
In order to prove that a crime occurred and that it was committed by a specific person or
persons, it is necessary that the Corpis Delecti be established by the prosecution. Corpus
Delecti literally means the “body of the crime.” Criminal Law in countries such as the United
States recognizes the existence of the same common ingredients or elements in every criminal
act, regardless of jurisdiction.
These elements are interrelated and, in order for an act or omission to be considered a crime,
all of the elements must be present.

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6.2 Elements of a Crime
These ingredients or elements are:
a) Legality
b) Actus Reus (or the act itself)
c) Harm
d) Causation
e) Mens Rea (or criminal intent)
f) Concurrence
g) Punishment

It is important to remember that, in order for a crime to be committed, all of these seven
ingredients must be present. If the defense can prove in a trial that any one requirement is
absent, such as intent, then the accused is innocent because a crime has not been committed.

6.2.1 Legality

The legality element of a crime is based on the principle that a human behavior cannot be
classified as a crime if a law does not exist that defines that act as a legally prohibited offense.
This is an ancient understanding of law and in Latin is referred to as nullum crimen sine lege
or “no crime without law.”
Legality is one of the most important and cherished concepts in Law. A very important aspect
of the legality requirement of crime is that people cannot be expected to obey a rule that does
not already exist in law. As a result, the nations’ criminal justice systems are only interested
in those acts which are specifically forbidden by the penal code(s). An act must be legally
forbidden in order for it to be a crime.
Another aspect of the legality ingredient is the concept that the legislature cannot create a law
today which holds people responsible for something they did or did not do yesterday. In other
words, it is impossible to require people to obey a law which does not exist. Further, the
penalty for a crime cannot be retroactively changed. Therefore, criminal laws are only binding
on people from the date that they become effective. Laws which attempt to either make an act
illegal at a later date or which retroactively increase the definition and penalty for a crime are
called ex post facto laws. The Latin term ex post facto means “after the fact”. The ex post
facto clause of the Constitution specifically forbids the following:

6.2.2 Actus Reus (Act itself)

A basic premise or concept of criminal law is that, in order for a crime to have been a crime to
have been committed, a person must perform an act or omission which is a violation of a law.
Therefore, the human act is one of the most essential ingredients of a crime. The concept of
the act requirement is very old and can be traced to the actus reus, which legally means the
“guilty act.”

29
Criminal law describes what specifically constitutes the physical act or omission of every
defined criminal act. The physical act which a violation of the criminal statute defines for
every crime is contained in the jurisdiction’s penal code. For example, in America, the Texas
Penal Code (§19.04) states that a person commits manslaughter “if he recklessly causes the
death of an individual.”
The definition of manslaughter, therefore, requires a physical act by an offender, that is,
recklessly causing the death of another. Thus, unless a person recklessly caused the death of
another, that individual cannot be charged and prosecuted for manslaughter.
Another aspect of actus reus is that there is a distinction between an act and a status or a
condition. An individual cannot constitutionally be penalized for having a condition, such as
being an alcoholic or a drug user.
Although the actus reus requirement appears to be rather clear, there are certain
circumstances where a crime can be committed when an actual forbidden act has not
occurred.
 For example, most jurisdictions define “omission,” or the failure to act when legally
required to do so, as a crime.
The following provides a brief summary of those special circumstances in which a crime can
occur without a criminal act actually being committed.
Omission- A person can commit a crime in a situation in which he/she is required by law to
act and that person does not do so. Child neglect is an example of criminal omission.

Threat- Threatening to commit a criminal act can be a crime in and of itself. Most countries
define as a crime the act of “communicating threats.” For example, an individual who
threatens in words or writing the President’s life has committed a crime.

Attempt- If a person attempts to commit a crime, but is unsuccessful in that attempt, that
individual is guilty of “attempting a criminal activity.” Therefore, a planned act that was
attempted, but not accomplished, is a crime.
 In a conspiracy, the unlawful act does not have to be attempted or successfully
completed in order for a crime to have occurred. For example, if two persons conspire
to kill a third person and purchase the gun and ammunition required to commit
homicide, they have committed the crime of conspiracy.
The purpose of every criminal statute is to deter or prevent something forbidden or evil from
occurring; that is, to prevent harm. Therefore, all crimes are defined as requiring the element
of potential harm.
 For example, homicide is legally forbidden because society does not want its citizens
to kill other people without just cause.

30
Most crimes are grouped together in penal codes in accordance with the type and potential
harm which each crime entails.
 For example, offenses against persons are generally grouped together and reported for
criminal justice purposes as crimes against people.
 Offenses against property are also grouped together and reported as crimes against
property.

6.2.3 Harm
An individual commits a crime when he/she does something which violates society’s values
or endangers the well being of the nation. Therefore, the harm ingredient in criminal law
includes non-material or intangible harm, such as harm to public safety, institutions, and
personal reputation. The concept of criminal harm is not limited to physical harm. Not all
criminal harm results in a physical injury to other people or to their property.

Certain crimes, termed victimless crimes, do not contain the element of harm to another
person or to their property. These offenses involve behaviors which are deemed to be illegal
because they are viewed as harms against society as a whole. Victimless crimes include
offenses such as prostitution, illegal drug use, sexual deviance, and gambling.

6.2.4 Causation
Causation here implies a causal relationship between the legally forbidden harm and actus
reus. The causation ingredient relates specifically to those types of crimes which require that
an offender’s conduct produce a given result. In other words, the causation requirement
indicates that a clear link must exist between the act committed and the harm caused by the
act. The criminal act must lead directly to the harm without a long delay.
The purpose of this requirement is to prevent people from facing the threat of criminal
charges the rest of their lives.

The causation ingredient relates specifically to those types of crimes which require that an
offender’s conduct produce a given result. In other words, the causation requirement
indicates that a clear link must exist between the act committed and the harm caused by the
act.

Therefore, the causation ingredient requires that the person committing the offense must cause
harm directly through his/her action or inaction without interference from another person.

It is important to understand that certain crimes, such as perjury and forgery, are defined so
that the offense consists of both the act itself and the intent of the offender to cause the
harmful result. In these types of crimes, it does not matter whether or not the result occurs.
The definition of these crimes indicates the intent to cause harm. In other types of crimes, the
penal code requires that a specific harm to another person occur as the result of the act.
Examples of these types of crime include homicide, assault, battery, and rape.

31
6.2.5 Mens Rea (Criminal Intent)
The basic ingredient of every crime is the presence of criminal intent. Intent is concerned with
the mental component of a crime; that is, the presence of mens rea or the “guilty mind” of the
accused. The concept of mens rea is based upon the belief that people can control their
behavior and, therefore, can choose alternative forms of conduct.
Intent, therefore, includes the requirement that the criminal act be committed voluntarily and
knowingly by the offender. The concept of mens rea suggests “blameworthiness”; that is, that
the person who commits a crime should have known better.
According to the criminal intent or mens rea requirement, an individual cannot be convicted
of a crime unless it is proven that the offender knowingly, willingly, or intentionally
committed the alleged criminal act.
For the prosecution, proving criminal intent is far more difficult than proving actus Reus,
because mens rea demands an evaluation of the motives, psychology and intent of the
accused.
If mens rea is a defined ingredient of a crime, then the prosecution must then prove the
existence of this essential element of the crime. Since most people know what they are doing
and usually know the probable consequences of their acts, it is reasonable for a judge to
assume that the accused intended the natural consequences of his/her deliberate acts.
For example, a person who points a loaded gun at another and pulls the trigger knows the
natural and probable consequences of this act.
There are two levels or types of intent specified in the American system of law:

 General Intent; indicates a state of mind in which the offender is not concerned for the
welfare of others or with the consequences of his/her actions.

 Specific intent; means that the accused decided to commit the offense before actually
committing the crime. Specific intent is involved in a large number of crimes and
forms the basis of many criminal prosecutions.
6.2.6 Concurrence
Thinking about committing a crime without actually performing the criminal act is not a
crime. Therefore, if someone with criminal thoughts does nothing to carry out those thoughts,
no crime has been committed.
Therefore, another basic ingredient of a crime is that the mens rea intent must concur or
coexist with the actus reus or criminal act; that is, the intent and the act must occur about the
same point in time. In order for a crime to have been committed, the criminal act must concur
with an equally guilty or criminal mind.
The law requires that a person’s behavior must be the approximate cause of the harm which
results from the criminal act. Therefore, concurrence has not occurred when a considerable
period of time takes place between the original intent to commit an act and the actual
commission of the criminal act.

32
6.2.7 Punishment
For a behavior to be considered a crime, there must be a statutory provision for punishment or
at least the threat of punishment. Without the threat of punishment, the law in unenforceable
and is therefore not a law.

Review Questions
(i)Highlight the major elements of a crime;
ii)Explain the Harm element of a crime;
iii)Differentiate between concurrence and causation elements of a crime
iv)What is the difference between mens rea and actus reus?
v)Every offence must have a subsequent punishment attached to it. Discuss.

References for further Reading

i) Introduction to criminology by melcon s. lapina, 1996 Freda, A. et. Al. (1995).
Criminology (2nd Edition): New York: McGraw-Hill Inc.
ii) Robert, M. B., Keith, N.H. (1997). Introduction to Criminal Justice. New York:
McGraw-Hill.

33
CHAPTER SEVEN: WHITE COLLAR CRIMES

7.0 Learning Objectives

By the end of this chapter the learner should be able to:
(i) Identify the major types of schemes
(ii) Contrast white collar schemes and white collar crimes

7.1 Types and Schemes of White Collar Crime

7.1.1 Types of White Collar Crime

1. Bank Fraud: To engage in an act or pattern of activity where the purpose is to

defraud a bank of funds.

2. Blackmail: A demand for money or other consideration under threat to do bodily

harm, to injure property, to accuse of a crime, or to expose secrets.

3. Bribery: When money, goods, services, information or anything else of value is

offered with intent to influence the actions, opinions, or decisions of the taker. You may
be charged with bribery whether you offer the bribe or accept it.

4. Cellular Phone Fraud: The unauthorized use, tampering, or manipulation of a

cellular phone or service. This can be accomplished by either use of a stolen phone, or
where an actor signs up for service under false identification or where the actor clones a
valid electronic serial number (ESN) by using an ESN reader and reprograms another
cellular phone with a valid ESN number.

5. Computer fraud: Where computer hackers steal information sources contained on

computers such as: bank information, credit cards, and proprietary information.

6. Counterfeiting: Occurs when someone copies or imitates an item without having been
authorized to do so and passes the copy off for the genuine or original item.

34
Counterfeiting is most often associated with money however can also be associated with
designer clothing, handbags and watches.

7. Credit Card Fraud: The unauthorized use of a credit card to obtain goods of value.

8. Currency Schemes: The practice of speculating on the future value of currencies.

9. Embezz1ement: When a person who has been entrusted with money or property
appropriates it for his or her own use and benefit.

10. Environmental Schemes: The overbilling and fraudulent practices exercised by

corporations which purport to clean up the environment.

11. Extortion: Occurs when one person illegally obtains property from another by actual
or threatened force, fear, or violence, or under cover of official right.

12. Forgery: When a person passes a false or worthless instrument such as a check or
counterfeit security with the intent to defraud or injure the recipient.

13. Health Care Fraud: Where an unlicensed health care provider provides services
under the guise of being licensed and obtains monetary benefit for the service.

14. Insider Trading: When a person uses inside, confidential, or advance information to
trade in shares of publicly held corporations.

15. Insurance Fraud: To engage in an act or pattern of activity wherein one obtains
proceeds from an insurance company through deception.

35
16. Investment Schemes: Where an unsuspecting victim is contacted by the actor who
promises to provide a large return on a small investment.

17. Kickback: Occurs when a person who sells an item pays back a portion of the
purchase price to the buyer.

18. Larceny/Theft: When a person wrongfully takes another person's money or property
with the intent to appropriate, convert or steal it.

19. Money Laundering: The investment or transfer of money from racketeering, drug
transactions or other embezzlement schemes so that it appears that its original source
either cannot be traced or is legitimate.

20. Racketeering: The operation of an illegal business for personal profit.

21. Securities Fraud: The act of artificially inflating the price of stocks by brokers so that
buyers can purchase a stock on the rise.

22. Tax Evasion: When a person commits fraud in filing or paying taxes.

23. Telemarketing Fraud: Actors operate out of boiler rooms and place telephone calls
to residences and corporations where the actor requests a donation to an alleged charitable
organization or where the actor requests money up front or a credit card number up front,
and does not use the donation for the stated purpose.

24. Welfare Fraud: To engage in an act or acts where the purpose is to obtain benefits
(i.e. Public Assistance, Food Stamps, or Medicaid) from the State or Federal Government.

36
 25. Weights and Measures: The act of placing an item for sale at one price yet charging a
higher price at the time of sale or short weighing an item when the label reflects a higher
weight.

7.1.2 Schemes of White Collar Crime

1. Advanced Fee Schemes: Actor induces victim to give him some type of
advanced fee in return for a future benefit. The future benefit never occurs and victim
never receives the advanced fee back.

2. Airport Scam: Actor approaches victim in an airport stating that the

newspaper stand cannot change his one hundred dollar bill and asks the victim for
change. Victim provides actor with the change, actor returns to the store to get the one
hundred dollar bill back, however, never returns to victim.

3. Auto Repair: Actor hangs out around an auto repair shop and approaches
victims who leave after getting estimates. Actor claims to do work off duty at a very
low cost. Once actor has the car, inferior work is completed and victim cannot get the
return of the car until the very high bill is paid.

4. Check Kiting: A bank account is opened with good funds and a rapport is
developed with the bank. Actor then deposits a series of bad checks but prior to their
discovery, withdraws funds from the bank.

5. Coupon Redemption: Grocery stores amass large amounts of coupons and

redeem them to manufacturers when in fact merchandise was never sold.

6. Directory Advertising: Actor either impersonates sales person from a

directory company like the yellow pages or fraudulently sells advertising which the
victim never receives.

37
7. Fortune Telling: Actor advises victim that victim is cursed. Actor advises
victim that the curse must be removed. Actor advises that she must meditate to the
spirits and will require payment. Over a period of time, victim pays fortune teller
thousands of dollars to remove curse.

8. Gypsies: Actor states that victim’s money is cursed. In order to remove the
curse, the money must be placed into a bag or box that the actor provides. The bag or
box is switched. Actor advises victim to perform certain rituals over the money and
the curse will be removed. The bag or box cannot be opened for a period of time when
it is opened, the money is gone.

9. Home Improvement: Actor approaches a home owner with a very low

estimate for a repair or improvement. Inferior or incomplete work is performed. Once
the repairs are completed, actor intimidates the victim to pay a price much greater than
the original estimate.

10. Inferior Equipment: Actors travel around selling inferior equipment such as
tools at high prices.

11. Jamaican Switch: Actor #1 approaches a victim looking for the address of a
prostitute. Actor #1 shows a large sum of money to the victim. Actor #2 arrives and
tells Actor #1 where he can find the prostitute but cautions on taking all the money as
the prostitute might rob him. Actor #1 asks the victim to hold the money for him.
Actor #1 puts his money into a handkerchief with the victim’s money. Actor #1 shows
the victim how to hide the money under his arm, inside his shirt while switching
handkerchiefs. Victim takes the handkerchief and the parties split up, however, Actor
#1 leaves with victims’ money.

12. Land Fraud: Actor induces victim to purchase tracks of land in some type of
retirement development which does not exist.
13. Odometer Fraud: Unscrupulous used car salesman purchased used cars and
turn back the odometers. The used car is sold at a higher price due to its low mileage.

38
14. Pigeon Drop: Actor #1 befriends the victim. Actor #2 shows both Actor #1
and victim a "found" package containing a large amount of cash. Actor #1 insists that
the found money be divided equally but only after each person puts up his own money
to demonstrate good faith. All the money is put in one package and the package is later
switched.

15. Police Impersonation: Actor tells victim that his bank is being operated by
fraudulent bank officers. Actor instructs victim to take money out of bank and place it
into a good bank. After the money is withdrawn, the actor allegedly takes the money
to the police station for safe keeping. The victim never sees the money again.

16. Ponzi: An investment scheme where the actor solicits investors in a business
venture, promising extremely high financial returns or dividends in a very short period
of time. The actor never invests the money, however, does pay dividends. The
dividends consist of the newest investors funds. The first investors, pleased to receive
dividends, encourage new investors to invest. This scheme falls apart when the actor
no longer has sufficient new investors to distribute dividends to the old investors or
the actor simply takes all the funds and leaves the area.

17. Pyramid: An investment fraud in which an individual is offered a

distributorship or franchise to market a particular product. The promoter of the
pyramid represents that although marketing of the product will result in profits, larger
profits will be earned by the sale of franchises. For example, if a franchise price is Ksh
10,000.00, the seller receives Ksh 3,500.00 for every franchise sold. Each new
franchise purchaser is presented with the same proposal so that each franchise owner
is attempting to sell franchises. Once the supply of potential investors is exhausted, the
pyramid collapses. Many times, there are no products involved in the franchise, simply
just the exchange of money.

18. Quick Change: Victim is confused by actor’s speedy series of money

exchanges and in the end, is short changed.

19. Shell Game: Actor #1 manipulates a pea beneath three walnut shells or bottle
caps. Actor #1 moves the caps around and shows victim the cap with the pea under it.
With the encouragement of another player, also Actor #2, victim places larger and

39
 larger bets as to which cap contains the pea. The game is ended by Actor #1 when the
take is large enough.

20. Utilities Impersonators: Actor impersonates utilities employees by wearing

jumpsuits with name tags. Actor approaches victim with story about a gas leak or
electrical surge to gain entry to the home. Valuables are taken by actor.

21. VCR Scam: Actor purports to sell new VCR's or televisions at an extremely
low cost due to his connections. Victim pays for the VCR or television only to
discover that the box has been filled with rocks.

22. West African Investment Scams: Actors target businesses and obtain
business' bank account information from which all funds are later withdrawn.

Review Questions
i) Explain types of white collar crimes affecting the Kenyan society
ii) Explain ten common types of schemes affecting the Kenyan society
iii) Try to explain the cause and loopholes leading to white collar crime in Kenya
iv) Discuss major effects of these crime to the political, economical and social
ways of the society
v) Come up with relevant control measures to curb white collar crimes

References for further Reading

i) Introduction to criminology by melcon s. lapina, 1996 Freda, A. et. Al. (1995).
Criminology (2nd Edition): New York: McGraw-Hill Inc.
ii) Robert, M. B., Keith, N.H. (1997). Introduction to Criminal Justice. New York:
McGraw-Hill. Larry Siegel (2000). Criminology (7th Edition): CA:
Wadsworth/Thomson
iii) Joseph, F.S. (1995). Criminology (2nd Edition). New York. Thomson Publishing
Company
iv) Freda, A. et. Al (2004). Criminology and the criminal justice system. 5th Edition: New
York: McGraw-Hill companies.
v) Sue, T.R (1994). Crime and Criminology (7th Edition). London: C.Brown C. Inc.
vi) Freda, A. et. Al. (1995). Criminology (2nd Edition): New York: McGraw-Hill Inc.
vii) Robert, M. B., Keith, N.H. (1997). Introduction to Criminal Justice. New York:
McGraw-Hill.

40
Appendix 1: Sample Test Papers

DEPARTMENT OF CRIMINOLOGY AND SECURITY STUDIES

First Semester Examinations
BJS1201: Introduction to Crime and Law
Time: 2 Hrs

Instructions to Candidates: Answer question 1 (Compulsory) and any other TWO questions.

QUESTION 1 (3mks each)

a. List the major theorists of crime and their various schools.

b. List three characteristics of law in eighteenth-century in Europe.

c. Define the concept of hedonistic calculus.

d. Briefly state how Lombroso viewed the criminal.

e. Highlight Ferri’s social defense perspective.

f. List the seven elements of a crime.

g. List Garofalo’s recommendation on criminals.

h. Briefly define contemporary classicism.

i. Describe rational choice theory.

j. List five ways that criminologists study crime.

41
QUESTION 2 (10mks each)

a) Crimes can be classified as mala in se or mala prohibita. Define and give three
examples for each typology.
b) Define what a tort is and illustrate the various types of torts citing examples.

QUESTION 3 (20mks)

a) Discuss the how crime is conceptualized by:

i. the Classical school (5 mks)
ii. The Positivist school (5 mks)

b) What is the purpose of Criminal Law. (10 mks)

QUESTION 4 (20mks)

a) Expound on the characteristics that professional thieves share according to Edwin

Sutherland. (12 mks)
b) Define what a victimless crime is and give four examples. (4 mks)
c) Highlight the origin of common law and the countries which practice it. (4mks)

QUESTION 5 (20mks)

a) Discuss the methods which criminologist use to collect their data (10 Marks)
b) Outline and explain the parties to a crime (10 Marks)

42
Appendix 1: Sample Test Papers

DEPARTMENT OF CRIMINOLOGY AND SECURITY STUDIES

First Semester Examinations
BJS1201: Introduction to Crime and Law
Time: 2 Hrs

Instructions to Candidates: Answer question 1 (Compulsory) and any other TWO questions.

QUESTION 1 (3mks each)

Define the following concepts:

a) List the major schools of criminology

b) Deviance

c) Delinquency

d) An accessory before the fact

e) Insanity

f) Assault

g) Organized Crime

h) Free will

i) Positivism

j) Blackmail

43
QUESTION 2 (20mks each)

What is rehabilitation? Discuss some of the programmes offered in a rehabilitation model?

QUESTION 3 (20mks)

(a) Differentiate between criminal law and common law (10 Marks)

(b) Discuss the parties to a crime (10 Marks)

QUESTION 4 (20mks)

a) Clearly outline John M. MacDonald’s classification of fire setters (10 Marks)

b) Differentiate between a felony and a misdemeanor (10 Marks)

QUESTION 5 (20mks)

a) What are white collar crimes (2 Marks)

b) Discuss any nine types of white collar crimes (18 Marks)

44