This document discusses crime and criminology concepts. It defines crime as a violation of criminal codes that are punishable by authorities. It discusses different types of crimes like mala in se and mala prohibita. Crime can be classified based on the victim, perpetrator, manner or outcome. The document also discusses measuring crime through crime rates, crime trends and crime data sources. Research methods discussed include quantitative approaches that measure crime numerically and qualitative approaches like analyzing documents and observing different levels of involvement.
This document discusses crime and criminology concepts. It defines crime as a violation of criminal codes that are punishable by authorities. It discusses different types of crimes like mala in se and mala prohibita. Crime can be classified based on the victim, perpetrator, manner or outcome. The document also discusses measuring crime through crime rates, crime trends and crime data sources. Research methods discussed include quantitative approaches that measure crime numerically and qualitative approaches like analyzing documents and observing different levels of involvement.
This document discusses crime and criminology concepts. It defines crime as a violation of criminal codes that are punishable by authorities. It discusses different types of crimes like mala in se and mala prohibita. Crime can be classified based on the victim, perpetrator, manner or outcome. The document also discusses measuring crime through crime rates, crime trends and crime data sources. Research methods discussed include quantitative approaches that measure crime numerically and qualitative approaches like analyzing documents and observing different levels of involvement.
Occur with sufficient frequency and WHAT IS CRIME? regularity Serve as an indicator of the crime CRIME situation A violation of a formally written or recognized criminal In the PH: code enacted by a political body Murder Crime is a specific norm violation distinct from other none- Homicide criminal norm violation Personal injury o i.e. Violation of civil law, administrative and Robbery similar laws or codes; taboo with no equivalent Theft criminal punishment Rape Punishment can be in the form of fines and similar economic sanctions, deprivation of rights, banishment, CRIME IN THE PHILIPPINES incarceration, or death Penal Code of the Philippines Incarceration and other physical punishments, e.g. flogging, o Derived from Spanish Code of 1800s lashes, are typically only reserved for crimes o “modern” code based on rational choice philosophy CRIME: BASIC TYPES IN CRIMINOLOGY o Punishment based on severity of crime Mala in se, meaning bad in itself o Graduated punishment, commensurate to offense o Universally regarded as morally objectionable 1930s Revised Penal Code because it is harmful, destructive or cruel, e.g. o American period. US adopted Spanish Code, murder, rape, stealing, arson, etc. Mala prohibita, meaning bad because it has been prohibited introduced piecemeal revisions. by a law Contemporary Philippine Revised Penal Code o Rather than directly harming a person or society, o Integrates generations of revisions these offense violate a regulatory law, typically o E.g. RA 9165, RA 8049 deemed as less serious, e.g. gambling, smoking, drug use RCT: COMMENSURATE, GRADUATED PUNISHMENT (Revised Penal Code of the Philippines, c. 1930s) CRIME AS A SOCIOLOGICAL CONCEPT Reclusion perpetua: pardoned after thirty years, unless such Arising out of an agreed upon set of norms expressed person by reason of his conduct or someother serious cause through a criminal code shall be considered by the Chief Executive as unworthy of Can be constructed as an indicator of social conditions pardon o Functionalism: a symptom of a dysfunction, Reclusion temporal: twelve years and one day to twenty boundary testing mechanism years o Conflict: often a creation of oppressive structures, Prison mayor and temporary disqualification: six years and one day to twelve years, except when the penalty of a means of controlling population disqualification is imposed as an accessory penalty, in o Interactionism: arises in social interaction, label which case its duration shall be that of the principal penalty as such Prison coreccional, suspension, and destierro : six months o Postmodernism: can be a form of resistance, and one day to six years, except when suspension is produced by or reproduces expressions of power imposed as an accessory penalty, in which case, its duration and knowledge systems shall be that of the principal penalty Crime is juicy phenomenon to be demystified by sociology Arresto mayor: one month and one day to six months Arresto menor: one day to thirty days CLASSIFICATION/NAMING OF CRIMES Based on victim or target MEASURING CRIME o Crimes against persons: murder, homicide, Volume: number of incidents or volume per month or personal injuries years; does not take into consideration the proportion in o Crimes against property: theft, robbery, fraud relation to population o Crimes against chastity Crime rate: ratio of crimes in an area in relation to its o Crimes against national security population o Also homicide, parricide, rapto de una muje, o CR = crime volume/(population of area/100,000) carnapping, kidnapping, child abuse, elderly Unified Crime Reporting Program (UCRP) : crime volume, abuse crime rate, crime trends (increase or decrease) Based on perpetrators’/offender’s background o E.g. white collar crime, crimes of public officers QUANTITATIVE SOURCES OF CRIME DATA Based on manner of perpetration Official crime records: reported to authorities or recorded o E.g. murder, homicide, manslaughter in offices Based on outcome o Statistics, blotters, cases, population listing o E.g. Assault and battery, manslaughter barangay police courts, jails, prisons Based on social domains/location Victimization surveys o E.g. political crimes, occupational crimes, sex Self-reported surveys crimes, street crimes, domestic violence, etc. Standardized international comparison: HEUNI Report Based on bureaucratic significance o E.g. capital crimes, index crimes RESEARCHING DEVIANCE: METHODOLOGY, METHODS, o Index crimes TECHNIQUES IN DATA COLLECTION AND ANALYSIS Levels of distance and involvement: METHODOLOGY o Complete observer The application of logic to the research problem o Observer as participant Problematizing a subject matter and devising systematic, o Participant as observer logical, viable, and defensible means to arrive at answers o Complete participant Epistemological approach Quantitative vs. Qualitative approaches, mixed methods ANALYSIS OF DOCUMENTS (TEXT) Reading the text as narrative EMPHASIS ON SOCIAL RESEARCH Critical discourse as analysis Study questions must be well-conceptualized Distinct from content analysis (which is the quantitative Systematic means of identification of data source analysis of words) Methodical data collection process Examples: Objective, bias-free, or normative position identified or o Archival data transparent o Court records Participation in larger network of knowledge o Diaries o Letters QUANTITATIVE APPROACH Draws from the positivist tradition that regards phenomena as absolute, real, measurable, can be explained (effects are PRISONS AND JAILS caused), and predictable Measurement or quantification via numbers PURPOSES OF INCARCERATION 1. Incapacitation: preventing offenders from doing crime; QUANTITATIVE RESEARCH METHODS: EXPERIMENTS public safety Effects of one variable to another, or of some to many 2. Deterrence: preventing others from committing crime others through vicarious warning E.g. obedience to authority 3. Retribution: address the feelings of injustice by victims and o Milgram’s experiment the public 4. Rehabilitation: reform the offender o Stanford Prison Experiment 5. Restoration: like reform, reintegrate the offender into society SECONDARY DATA 6. Repopulation of a territory Analysis of statistical data 7. Deployment of prison labor Examples: o Anthropometric data of criminal vs. non-criminal TOTAL INSTITUTIONS (Erving Goffman, Asylums: Essays on the population Social Situation of Mental Patients and Other Inmates) o Police records of index crimes System with marked barrier between the system and the Index crimes: crimes that occur on a outside world; these demarcations have equivalent social more regular basis and considered barriers threatening o Ensuring that measurements are valid and SHARED SPHERES OF LIFE consistent Sleep, play, work and other activities o Conducted in the same place SURVEYS o Carried out in the company of a large group Measures public opinion as well as experiences o Tightly scheduled Example: public opinion surveys of SWS and Pulse Asia o Tasks come together to serve a larger goal of the institution SELF-REPORT SURVEY Work incentives do not have the same significance on as Individuals report their having participated in a deviant they do outside behavior Potential incrimination of participants (research ethics) STAFF-INMATE SPLIT Example: self-report delinquency survey Two different social and cultural worlds develop There is considerable social distance between the two VICTIMIZATION SURVEY groups Individuals answer questions about having been victims of E.g. custodians and inmates, guwardiya at preso, faculty deviant behavior and students; hierarchy Potential stigma to participants who were victims (research ethics) MORTIFICATION PROCESS [SELF] “Upon entrance, (an inmate) is immediately stripped of his QUALITATIVE RESEARCH wonted supports and his Self is systematically, if often Guided by the constructivist approach unintentionally, mortified.” Descriptive, phenomenological, interactionist An inmate goes through a series of abasements, Interested in meaning-making and lived reality degradations, humiliations, and profanations of self. Focus on unfolding interaction Radical shifts in one’s Moral Career o “changes occur in the beliefs concerning the self QUALITATIVE INTERVIEWS Aims to capture the subjective narrative and interpretation for the inmates and their significant others” of individuals PRIVILEGE SYSTEM OBSERVATION AND PARTICIPANT OBSERVATION House Rules: prescriptions on inmate conduct Understand the world-in-operation of subjects in a field site Rewards and Privileges: remunerative controls are held out SOCIOLOGICAL THEORIES in exchange for obedience to staff Punishments DIFFERENTIAL ASSOCIATION THEORY (EDWIN o Given out as a result of rule-breaking SUTHERLAND) o Usually more severe than would be given in the Criminal behavior is learned outside world Criminal behavior is learned in interaction with other persons in the process of communication. TYPES OF TOTAL INSTITUTIONS FOR PERSONS The principal part of learning criminal behavior occurs Thought to be incapable but harmless within intimate personal groups. o Those with disabilities, nursing homes, When criminal behavior is learned, the learning includes: orphanages, and halfway houses for homeless o Techniques of committing the crime Thought to be incapable but pose unintended threat to the o The specific direction of motives, drives, community rationalizations, and attitudes o Sanitorium, mental hospitals, hospitals for The specific direction of motives and drives is learned from patients with contagious diseases definitions of the legal codes as favorable or unfavorable Thought to pose intentional dangers to community A person becomes a delinquent because of an excess of o Jails, prisons, prisoners of war camps, and definitions favorable to the violation of the law over concentration camps definitions unfavorable to the violation of law Pursuing some technical task Differential associations may vary in frequency, duration, o Army barracks, military ships, boarding schools, priority, and intensity work camps, colonial compounds, servants’ The process of learning criminal behavior by association quarters, etc. with criminal and anti-criminal patterns involves all of the Training for the religious or those needing retreat mechanisms that are involved in any other learning o Abbeys, monasteries, convents, cloisters While criminal behavior is an expression of general needs and values, it is not explained by those general needs and ADAPTATION ALIGNMENTS/PROCESS values, since noncriminal behavior is an expression of the Situational withdrawal: withdrawal or disinvolvement same needs and values Rebellion: inmate challenges the institution by refusing to cooperate THE CRIMINAL CAREER Colonization: replicating the outside world within the The acquisition of criminal norms that lead to criminal acts establishment; crafting a more bearable life inside and the individual view of the criminal behavior. It Conversion: taking the official or staff view of himself; involves: accepting the role of the perfect inmate o Identification with the crime o Commitment to crime as social role and PILLARS OF CRIMINAL JUSITCE characteristic activity Law enforcement o Progression in crime through development of Investigation and prosecution increasingly complex criminal techniques and Courts (judiciary) sophisticated attitudes Corrections (penology and rehabilitation) Community SUBCULTURAL THEORY OF CRIME Lower class communities subscribe to a subculture that THE BUREAU OF CORRECTIONS normalizes violence and norm-violation (Walter Miller) Agency under the Department of Justice, “mandate to carry Focal concerns of the lower-class: out institutional rehabilitation programs of the government o Trouble for national offenders, those sentenced to more than three o Toughness years, and to ensure their safe custody” o Street-smartness Facilities: o Excitement o New Bilibid Prison, Muntinlupa City o Fate o Correctional Institute for Women, Mandaluyong o Autonomy City o Iwahig Prison and Penal Farm, Puerto Princesa LOWER-CLASS DELIQUENT SUBCULTURE (Albert Cohen) City Mainstream values represented by the school are middle o Davao Prison and Penal Farm, Panabo class values o San Ramon Prison and Penal Farm, Zamboanga o Ambition City o Deferred gratification o Sablayan Prison and Penal Farm, Occidental o Respect for property Mindoro o Nonviolence o Leyte Regional Prison, Abuyog Lower class youths experience frustration because they have not been socialized to fulfill these standards PERSPECTIVES/THEORIES IN UNDERSTANDING CRIME As a reaction (reaction formation), they resist the values by subscribing to alternative standards to gain status within BIOLOGICAL PERSPECTIVE their ranks o Somatotyping: typing of bodies Non-utilitarian delinquencies reflecting negativism, Mesomorph: violence hedonism, group autonomy Ectomorph: depression/suicide Endomorph: addiction SOCIAL BOND THEORY (Hirshi) PSYCHOLOGICAL PERSPECTIVE Bond to conventional society and its groups deters crime RATIONAL CHOICE THEORY o Conventional family, friends, schools, and similar Anti-social behavior that violates moral, ethical, or legal groups standards for the benefit of a corporate or government o Integration vs. isolation entity; rooted in the corporate and governmental search for o Conventional groups vs. delinquent groups profit and power (Simon 2007) Elements of social bond: o Involvement CONTROL FRAUD o Attachment Situations in which top leaders (CEO, etc.) of an o Commitment organization uses the organization as a tool or weapon for personal gain (Black 2005) o Belief RED-COLLAR CRIME DELINQUENCY AND DRIFT (David Matza) Committed when white-collar criminals become violent Youths do not necessarily commit to deviance or non- toward their victims as they attempt to conceal their illegal conformity actions (Perri and Lichtenwald 2007; Brody and Kiehl They drift between criminal and delinquent action and 2010) conventional behavior Assassinations, kidnappings, and harassment arising from Typically, offenders express guilt and remorse business rivalry, botched business deals, and imminent Commits violations due to peer pressure or influence discovery of illegal behavior by white-collar criminals Contingencies of learning, association, and bond with a group that can define values INDIVIDUAL VS. SOCIAL (ORGANIZATIONAL) ENVIRONMENT SOCIAL CLASS, SOCIAL STATUS, AND CRIME What sorts of individuals are predisposed to fraud? o Reckless, risk-taking Social class is a category that defines an individual or o Competitive group’s position within society’s structure inequality Stratification in economic (wealth), cultural (prestige), or o Appetite for wealth/privilege political (power) status o Independent mindedness/stubbornness Class often refers to economic standing o Narcissism Status often refers to sociocultural and political standing o Grandiosity (needs admiration, lacks empathy) but also often used to refer to overall combined o Overconfidence socioeconomic status (SES) o Moral apathy (amorality); lack of empathy o In the Philippines, type of residence and (blames the victim) occupation are often used as indicators of social o Calculating class INDIVIDUAL TRAITS Criminal behavior in relation to social class or o Personality motivation circumstances socioeconomic status o Perceptions of unfair treatment/underappreciation o Feelings of territorial ownership WHITE-COLLAR CRIME o Entitlement “Crime committed by a person of respectability and high o Skilled sociability social status in the course of his occupation” (Sutherland, o Lack of empathy or remorse 1939) o Detachment from normal relationships Redefinition of criminality to include persons of status Departure from earlier stereotype and bias on lower class o Anti-social personality disorder criminality o Ego/power – fraud as a source of power, esteem, Crime in the streets vs. crime in the suites domination Identifiable white-collar crimes: 4% Victims as inferior, stupid, or “had it o Malversation coming” o Illegal recruitment General dislike or lack of respect for o Swindling the victim o Strong sense of relative deprivation keeping “White collar crime involves the use of a violator’s position of significant power, influence, or trust in the legitimate up with the lifestyle rather than true poverty economic or political institutional order for the purpose of o Adverse financial or business conditions (threat illegal personal or organizational gain.” (Reiss & Biderman of losing it all) 1980) o Stress (financial crisis, adverse business o Insider trading conditions, relationship breakdowns, etc.) o Corruption, i.e. awarding of contracts to preferred o Lifestyle choices (compulsive gambling, contractors or suppliers substance abuse) o Price-fixing SOCIAL BACKGROUND (US) “Economic offense committed through the use of some o Educated combination of fraud, deception, or collusion” (Wheeler et o Late-career/older al. 1982) o Low integration to conformist groups o Dysfunctional upbringing ORGANIZATIONAL CRIME o Navigate within a social environment conducive “Illegal acts of omission or commission by a legitimate to fraudulent conduct organization in accordance with its goals that result in a o What sort of work (social) environment serious physical or economic impact on employees, encourages fraud? consumers, or the general public” (Schrager & Short 1978) WHEN IT CANNOT BE DETECTED ELITE DEVIANCE An opportunity is present The individual is tempted and inclined Nothing prevents it from happening ROUTINE ACTIVITY THEORY (Felson 2002) o What are the conditions necessary for crime?
WHEN FRAUD IS TOLERATED: SOME FACTORS
Offender takes cue from the culture of the organization Supported by structural factors, e.g. incentives/rewards system Insulation from scrutiny accountability (learning and neutralization theories)
CRIMINAL JUSTICE AND SOCIAL ORDER: LOIC AND
WACQUANT Ghetto and prison meet and mesh – prisons become like ghettos and ghettos like prisons Racially disproportionate hyper-incarceration (US) Prisons create caste control; deals population of young black men rejected by the wage-labor market Carceral system redefined citizenry within a racialized public culture of vilification of criminals Welfare treatment of poverty by penal management
PENAL POPULISM: DAVID GARLAND AND JOHN PRATT
Subscribes to a policy that is ‘tough on crime’ Values public sentiments against crime and criminal offenders over empirical evidence or opinions of crime experts, call for punitive control measures (Pratt 2007) Criminal punishment as an expressive institution, its rituals directed less at offenders and more at the “audience of impassioned onlookers whose cherished values and security had been undermined” (Garland 1991) Privileges public opinion and political currents in crime policy Decline of penal welfarism