Criminology lecture no 1

Topics:

1. Crime
2. Economic Crime
3. Deviance
4. Criminology
5. Criminality
6. Felonies
7. Misdemeanours
8. Infraction

Crime:

 Crime is an act that is punishable by law.

 The word crime was originally taken from Latin word “Crimen” which means to charge.
 The Greek expression “Krimos” means “social order”.
 So in simplest form we can say that “Act that go against social order and are worthy of
serious condemnation”.
 There is no fixed and clear definition because it is socially constructed phenomena.
 The definition of crime varies by different criminologist.
 Crime varies through society to society.
 William Blackstone defines crime as “An act committed or omitted in violation of public law
forbidding or commanding it”.
 James Stephen defines crime as “Act forbidden by law and revolting to the moral sentiments
of the society”.
 According to Black’s law Dictionary at page no 451 “ Crime is an act that the law makes
punishable; the breach of a legal duty treated as the subject matter of a criminal proceeding,
Also termed criminal wrong”.

Concept of crime:

 A crime can be committed unless the act violates the law.

 Crimes are defined by societies and culture and the time we live.
 Example: Getting early marriages, selling drugs, breaching traffic laws etc.
 Societies are constantly evolving and changing along with social values beliefs and norms.
 The concepts of crime are always dependent on the public opinion.
 As rightly explained by Terence Morris that crime is what society says is crime by
establishing that an act is a violation of the criminal law.
 Disobedience or violation of law may be termed as “Crime”.
 Such Violations which endangers the society of individuals, his liberty, and property are
crimes.
 In simple “Crime are those acts which people in society consider worthy of serious
condemnation.
  Crime is a multidimensional problem (it basically means that crime comes in criminology and
criminology is the sub group of the sociology. Sociology basic teaches us the social order, so
when crime is committed, social disturbance is created).
 Few major examples of crime are Murder, Robbery, Rape, Theft etc.
 Crime are increasing worldwide owing to adaptation of new techniques by criminal, crossing
national boundaries, revolution in the field of information technology.
 Crime analysts are required by law enforcement agencies to solve crimes and develop
strategies and tackle to prevent future crimes.

Economic crime:

 A non physical crime committed to obtain a financial gain or a professional advantage.

 Two major style of economic crime:
1. The first consist of crimes committed by businessmen as an adjunct to their regular
business activities.
2. The second style of economic crime is the provision of illegal good and services or the
provision of goods and services in an illegal manner. This style of crime often own as
organized crime.

Difference between crime and Deviance:

 Crime is the violation of social laws and legal code. The punishment of crime will be more
severe than the deviance.
 Crime = desire + Ability + Opportunity.
 Deviance differing the norms values or from the accepted standards of society is known as
deviance. For example breeching the traffic Signals.
 Deviance is a term used in sociology like Social Deviant.
 Different and unexpected are words that are often used to describe deviance.
 Definition: “Differing from a norm or from accepted standards of society.” Is called
Deviance.
 There are crimes that are definitely deviant because they are outside the norms and values.
But there is deviant behaviour that is not crime Speeding etc.
 Crime is a socially constructed phenomenon as it transmitted through social learning.
 The concepts of deviant and non deviant behaviour are social constructions.
 This is because each society or culture creates rules of behaviours by which its members are
governed and of necessity controlled.

Difference between criminology and criminality:

 Criminology is the branch of social science that deals with the scientific study of crime,
causes of crime, frequency of crime, responses of law enforcement and methods of
prevention.
 It is a sub group of sociology.
 Several other subjects like statistics, biology, psychology, economics and anthropology etc.
 Other sub branch of criminology includes Penology, Bio criminology and Feministic
Criminology.
  The term Criminality is used often in criminology to refer to actual criminal characteristics of
a person (past criminal records of a person).
 In simple words criminality is the state of quality of being criminal (Merriam Webster).

Difference between Felonies and Misdemeanours:

 The difference felonies and Misdemeanours is lies on the intensity and seriousness of crime
of crime.
 Felonies are most serious classification of crimes, punishable by incarceration of more than a
year in prison and in some cases life imprisonment without parole and even capital
punishment.
 Both property and person crimes can be Felonies.
 Like Murder, rape and Kidnapping are felony crimes.
 Grand Theft and Robbery may also be Felony crime.
 White collar crime and fraud scheme can also be felonies.
 The lesser intense form of felony is cal MISDEMEANOURS.
 Maximum sentence for misdemeanours is 12 or less.
 It may include fine, probation, community service etc.
 Unlawful possession of weapon, public drunkenness etc

What are Infractions?

 Infractions are petty offences that are typically punishable by fines, but not jail, breaching
traffic signals.
 Disturbing the peace.
 Drinking in public.
 Building permits.
LECTURE NO 2

TOPICS:

1. Sin

2. Evil Assignment Students should search for it.

3. Vice

4. Civil law vs. Criminal law

5. Crime and Offence

6. Cognizable and Non- Cognizable offence

4. Criminal Law vs. Civil law

-> Criminal Law definition: The law of crimes and their punishments

-> Civil Law definition: The Law of civil or private rights.

OR

-> Civil law is a body of rules that defines and protects the private rights of citizens.

-> Criminal law deals with the behaviour that is or can constructed as an offence against the public,
society or the state.

-> Example includes are murder, theft, assault etc

-> Civil law deals with behaviour that constitutes an injury to an individual or other private party
such as corporation.

-> Example includes defamation, breach of contract, negligence resulting in injury or death and
property damage.

Civil Case Example
While the lawsuit against McDonald’s made national headlines, the facts of the case regarding
negligence, defective product, and breach of implied warranty make a fascinating civil case.

Liebeck v. McDonald’s Restaurants CV-93-02419, 1995 (N.M. Dist., Aug. 18, 1994)

This case began when 79-year-old Stella Liebeck, who was a passenger in her grandson’s car,
purchased a cup of coffee at McDonald’s drive-through. While the car was still parked, Liebeck
removed the lid from the cup to add some creamer to her coffee, inadvertently dropping the cup
and spilling the scalding hot coffee on her lap. Liebeck suffered third-degree, deep tissue burns on
her legs that required multiple surgeries and skin grafts.

Liebeck filed a civil lawsuit against McDonald’s for her injuries under the torts of strict liability and
negligence. This case was controversial in that the media portrayed Liebeck’s civil lawsuit as frivolous
because she was suing over coffee being too hot. However, the damages to her body, her pain and
suffering, loss of income, and loss of enjoyment in life due to pain were real and she did prevail in
court. The jury found that the defendant’s product (the coffee) was defective (too hot to drink) and
this constituted a breach of implied warranty (the assumption that the coffee was safe to drink). The
jury also found that Liebeck was twenty percent at fault for her injuries.

5. Crime vs. Offence

-> Crime is used for more serious acts.

-> Offence is less serious act of crime.

-> Crime is a violation of law Like rape, Murder, Robbery, theft etc.

-> An act that violates civil or criminal law is called offence.

-> Violation is of such that it brings harm to the society.

-> Different countries have different judicial system in place and have different definition of offence.

-> An offence is only punishable if it is a cognizable offence.

6. Cognizable and Non- Cognizable offence

-> In cognizable offence a police officer may arrest without warrant under first schedule or under any
law for the time being in force.

-> In cognizable offence, a police officer can investigate without the magistrate permissions.

-> In cognizable offence police officer does not need permission from magistrate in receiving and
recording FIR.

-> They are serious in nature like Rape, Murder, Kidnapping, Theft etc.

-> In non cognizable a police officer has not the authority to arrest anyone without warrant. For
example Assault, cheating, defamation, etc.

-> Police needs magistrate permission in recording and receiving Fir.