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Brief Contents
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Contents
vii
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viii CONTENTS
Thomas Barwick/DigitalVision/
CHAPTER 3
Getty Images
Rational Choice Theory 98
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CONTENTS ix
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News-Review
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x CONTENTS
Policies and Issues in Criminology Social Process Theory and Public Policy 236
THE CODE OF THE STREETS 194
Anik Rahman/Redux
CHAPTER 7
Social Conflict, Critical
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CONTENTS xi
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Connecticut Department of Correction
Service/Getty Images; AP Images/
Hartford Courant/Tribune News
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xii CONTENTS
CHAPTER 12
Department of Corrections
Political Crime 369
Profiles in Crime
EDWARD SNOWDEN 370
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CONTENTS xiii
CHAPTER 13 CHAPTER 14
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xiv CONTENTS
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Preface
I
n 2017, the operator of the world’s largest child pornography website was sen-
tenced to serve 30 years in prison. The case began in August 2014, when Steven
Chase created the Playpen, a website using the Tor Project hidden service pro-
tocol, which allows for an open network on the Internet where users can com-
municate anonymously. Tor software conceals its users’ identities and their online
activity from surveillance and traffic analysis by separating identification and routing.
It encrypts and then randomly bounces communications through a network of relays
run by volunteers around the globe.
mecklenburgcountync.gov
Chase served as lead administrator of Playpen, through which he and more than
150,000 other members viewed tens of thousands of postings of young victims, sorted
by age, sex, and the type of sexual activity involved. In addition to Tor, website mem-
bers employed other advanced technological means to thwart identification, includ-
ing elaborate file encryption. Steven Chase
Chase chose the name of the website, selected and made payments to the website
hosting company, regularly updated the site with new features and security fixes,
promoted several site members to administrator and moderator status to assist with
the administration of the criminal enterprise, and spent hundreds of hours logged in,
personally authoring hundreds of postings. He was arrested following a court-autho-
rized search of his home that revealed he was in possession of thousands of images
depicting the sexual abuse of children as young as infants and toddlers.
Following Chase’s arrest, federal agents pierced through the anonymity provided
by the Tor network and obtained IP addresses and other information to identify other
site users. As a result of the investigation, at least 350 US-based individuals have been
arrested, 25 producers of child pornography have been prosecuted, 51 alleged hands-
on abusers have been prosecuted, and 55 American children who were subjected to
sexual abuse have been successfully identified or rescued. The ongoing international
investigation has led to least 520 arrests, and the successful identification and rescue
of at least 186 children who were subjected to sexual abuse.
The Playpen case demonstrates the complex nature of crime today. Contem-
porary criminals, whether they be pornographers, gang members, or terrorists, are
adept at using the Internet to carry out their criminal enterprise schemes. While
some crimes are local, others are global in their reach. It is not surprising that many
Americans are concerned about crime and worried about becoming victims of crime
themselves. We alter our behavior to limit the risk of victimization and question
whether legal punishment alone can control criminal offenders. We watch movies
and TV shows about law firms and their clients, fugitives, and stone-cold killers. We
are shocked when the news media offers graphic accounts of school shootings, po-
lice brutality, and sexual assaults. We are swayed when politicians claim that crime
is on the upswing and that we must arm ourselves to protect loved ones. Is any-
where safe? Twenty years ago, no states had laws that allowed guns on university
campuses. Today, 10 states have signed such laws, while 20 others are considering
college carry laws.
I, too, have had a lifelong interest in crime, law, and justice. Why do people be-
have the way they do? What causes someone like Steven Chase to operate a global
kiddie porn site? Was his behavior the result of a diseased mind and personality? And
xv
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xvi PREFACE
what should be done with people who commit such horrendous crimes? Is 30 years
in prison too severe a sentence for someone who distributes child pornography, or too
lenient? Can draconian punishments convince others that “crime does not pay”?
Features
FACT OR FICTION? A main goal of this edition is to expose some of the myths that
cloud people’s thinking about crime and criminals. The media often paints a distorted
picture of the crime problem in America and focuses only on the most sensational
cases. Is the crime rate really out of control? Are unemployed people inclined to com-
mit crime? Are immigrants more crime prone than the native-born, as some politi-
cians suggest? Are married people less crime prone than singles? Distinguishing what
is true from what is merely legend is one of the greatest challenges for instructors in
criminology courses. Therefore, a goal of this text is disabuse students of incorrect
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PREFACE xvii
notions, perceptions, and biases. Each chapter opens with a set of statements high-
lighting common perceptions about crime that are related to the material discussed
in the chapter. In the text, these statements are revisited so the student will become
skilled at distinguishing the myths from the reality of crime and criminality.
CONCEPT SUMMARY There are ongoing debates about the nature and extent of
crime and the causes and prevention of criminality. I try to present the various view-
points on each topic and then draw a conclusion based on the weight of the existing
evidence. Students become familiar with this kind of analysis by examining Concept
Summary boxes that compare different viewpoints, reviewing both their main points
and their strengths.
PROFILES IN CRIME These features are designed to present to students actual crimes
that help illustrate the position or views within the chapter. In Chapter 12, a Profiles
in Crime feature entitled “Fertility Fraud” looks at the case of Allison Layton, who
owned a company called Miracles Egg Donation. Layton earned a prison sentence for
cheating vulnerable would-be parents out of tens of thousands of dollars for phony
egg donation and surrogacy services.
CONNECTIONS are short inserts that help link the material to other areas covered in
the book. A Connections insert in Chapter 14 points out how cyberspace is being used
to facilitate public order crimes (covered in Chapter 13) by being a conduit to illegally
distribute prescription drugs, advertise prostitution, and disseminate pornography.
LEARNING OBJECTIVES spell out what students should learn in each chapter and
are reinforced via a direct link to the end-of-chapter summary as well as all of the
text’s ancillary materials.
A RUNNING GLOSSARY in the margins ensures that students understand words and
concepts as they are introduced.
In sum, the text has been carefully structured to cover relevant material in a
comprehensive, balanced, and objective fashion. Every attempt has been made to
make the presentation of material interesting and contemporary. No single political or
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xviii PREFACE
theoretical position dominates the text; instead, the many diverse views that are con-
tained within criminology and characterize its interdisciplinary nature are presented.
While the text includes analysis of the most important scholarly works and scientific
research reports, it also includes a great deal of topical information on recent cases
and events, such as the story of Owen Labrie and the St. Paul’s School rape case and
Dylann Roof and the Charleston massacre.
Topic Areas
Criminology: The Core is a thorough introduction to this fascinating field and is intended
for students in introductory courses in criminology. It is divided into three main sec-
tions or topic areas.
PART 1 provides a framework for studying criminology. The first chapter defines the
field and discusses its most basic concepts: the definition of crime, the component
areas of criminology, the history of criminology, the concept of criminal law, and the
ethical issues that arise in this field. Chapter 2 covers criminological research meth-
ods, as well as the nature, extent, and patterns of crime. Chapter 3 is devoted to the
concept of victimization, including the nature of victims, theories of victimization,
and programs designed to help crime victims.
PART 2 contains six chapters that cover criminological theory: Why do people be-
have the way they do? Why do they commit crimes? These views focus on choice
(Chapter 4), biological and psychological traits (Chapter 5), social structure and cul-
ture (Chapter 6), social process and socialization (Chapter 7), social conflict (Chapter
8), and human development (Chapter 9).
PART 3 is devoted to the major forms of criminal behavior. The chapters in this sec-
tion cover violent crime (Chapter 10), political crime and terrorism (Chapter 11),
blue-collar, white-collar, and green-collar crimes (Chapter 12), public order crimes,
including sex offenses and substance abuse (Chapter 13), and cybercrime and trans-
national organized crime (Chapter 14).
Chapter 1
Chapter 1 now begins with a vignette on the 2015 terror attack in San Bernardino,
California, that killed 14 people and wounded 22 others. There is discussion of Glossip v.
Gross, a case that illustrates how the Supreme Court relies on social science research to
reach decisions. There is also a review of research aimed at determining whether people
who view pornography are also more likely to commit violence against women. A Pro-
files in Crime feature entitled “A Shooting in Ferguson” reviews the case of Michael
Brown, an African American youth killed in what proved to be a highly controversial
confrontation with a police officer. There is new information on drug legalization: a
number of states have now legalized recreational use of marijuana, while others have
legalized it for medical purposes. A Policies and Issues in Criminology feature, “Hate
Crime in Georgia,” considers whether the punishment was appropriate to the crime.
Chapter 2
Chapter 2’s opening vignette looks at a recent crime committed by members of MS-13, a
violent international criminal organization based in El Salvador and Honduras. The data
on crime and victimization have been updated. There is new information in the Policies
and Issues features on international crime trends and factors that shape criminal activity.
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PREFACE xix
Chapter 3
Chapter 3 begins with the discussion of the infamous St. Paul’s School rape case in which
a young student was sexually assaulted by a classmate as part of a ritual in which senior
boys attempt to seduce freshman girls. There is a new discussion on the different meth-
ods that have been developed to measure the cost of victimization to American society.
A new section looks at the stress abuse victims encounter in childhood that endures into
adulthood. There is recent data from the National Center for Educational Statistics on
victimization among students. Research is covered that shows that racial stereotypes af-
fect criminal decision making. Research showing that people with particular and distinct
mental and physical traits are more likely to suffer victimization is discussed.
Chapter 4
Chapter 4 begins with a vignette on an Ohio man, Michael Wymer, whose case aptly
illustrates the concept of rational choice in criminal decision making. There is a new
section on criminal competence, which may be an important element in structuring
criminality. Research is covered that shows that criminals choose targets in familiar
places, where they know their way around and won’t get lost or trapped. Research
now shows that neighborhoods with medical marijuana dispensaries have a high risk
of armed robbery and resulting murders. A new section called “Getting Away” dis-
cusses escape mechanisms employed during criminal acts. A new Profiles in Crime
feature looks at how auto thieves plan their crimes. There is an updated section on
the installation of closed-circuit television (CCTV) surveillance cameras and improved
street lighting. Another new section looks at criminal compulsion. A Policies and Is-
sues in Criminology feature looks at racial disparity in state prisons. There are new
sections on courts, sentencing, corrections, and rational choice theory.
Chapter 5
Chapter 5 begins with a vignette on Chris Harper Mercer, a troubled young man
who opened fire at Umpqua Community College in Oregon, killing nine people and
wounding seven others before being killed after exchanging gunfire with responding
police officers. There is new data on adolescent boys with antisocial substance disor-
der (ASD) who repeatedly engage in risky antisocial behavior. Research is covered
that shows that antisocial children have lower resting heart rates than the general
population. Meta-analysis of existing research finds that lack of attachment predicts
involvement in a broad spectrum of criminal activity. A new Policies and Issues in
Criminology feature entitled “Criminal Susceptibility” argues that the link between
personality traits and crime flows through an individual’s resistance or susceptibility
to crime-promoting experiences. A new Profiles in Crime feature covers Adam Lanza
and the Sandy Hook Elementary School massacre.
Chapter 6
Chapter 6 begins with a vignette on the tragic case of Aaron Hernandez, the pro-foot-
ball star who could not shake the street values that shaped his early life. New material
on economic structure and American society reviews such issues as stratification, class
economic disparity, white privilege, and racial conflict. A new Policies and Issues in
Criminology feature entitled “Labor’s Love Lost” reviews the book by Andrew Cherlin
that provides an explanation of the toll income and educational inequality take on soci-
ety. Research is presented on how destructive commercial institutions can destabilize a
neighborhood and increase the rate of violent crimes.
Chapter 7
Chapter 7’s opening vignette looks at the case of Stanford University student ath-
lete Brock Turner, who was convicted of sexually assaulting an unconscious woman
behind a dumpster and received a six-month jail sentence for his crime. New research
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xx PREFACE
shows that youth who are suspended or expelled from school are the ones most likely
to have problems over the life course. A Profiles in Crime feature entitled “The Af-
fluenza Case” looks at what happened to Ethan Couch, a 16-year-old Texas boy, who
killed four people while driving drunk. A new Policies and Issues in Criminology fea-
ture, “White-Collar Neutralization,” reviews research that shows that white-collar
criminals use neutralization techniques before engaging in business crimes. There is a
new section covering Per-Olof H. Wikstrom’s Situational Action Theory (SAT), which
maintains that when people are socialized to have a strong sense of morality, if con-
fronted or exposed to criminal opportunity, their sense of ethics and principles will
guide their behavior. There is also a new section on the long-term effects of labeling.
Chapter 8
Chapter 8 opens with a vignette on the political conflict that dominated the 2016 pres-
idential election. There is new coverage of income including research sponsored by
the Pew Foundation that shows that the wealth gap between America’s high-income
group and everyone else has now reached record high levels. There is a new section
on justice system inequality that discusses how critical thinkers believe that racial and
ethnic minorities are now the target of racist police officers and unfair prosecutorial
practices. A Policies and Issues in Criminology box asks the provocative question “Are
Wrongful Convictions a State Crime?” There is discussion on how critical feminists
show that sexual and other victimization of girls is a function of male socialization
because so many young males learn to be aggressive and to exploit women.
Chapter 9
Chapter 9’s opening vignette covers the horrific murders of Jennifer, Michaela, and
Hayley Petit during a home invasion in Cheshire, Connecticut. A new Policies and
Issues in Criminology feature entitled “Human Agency, Personal Assessment, Crime,
and Desistance” looks at the research of Robert Agnew and Steven Messner, which
shows that human agency plays a major role in shaping personal assessments and
behaviors. A new section entitled “Personality and Offending Trajectories” shows that
the reason why some offenders start early, others late, and some not at all may be
linked to psychological problems and disturbance.
Chapter 10
Chapter 10 opens with an update on the Dylann Roof case; he was sentenced to
death after being convicted in federal court on 33 hate crime charges. Randol Con-
treras’s influential book Stickup Kids: Race, Drugs, Violence, and the American Dream is
covered. A Policies and Issues in Criminology feature entitled “American Culture and
Homicide” covers the work of social historian Randolph Roth, who charts changes
in the homicide rate in the United States from colonial times to the present. There
is a section that looks at date and acquaintance rape on college campuses; data from
a national survey of sexual assault on campus are presented. A new section, “Sex in
Authority Relations,” reviews the legislation making it a crime for people in power
to have sexual relations with those they control or supervise. A Policies and Issues in
Criminology feature looks at mass shooters: Why do some live and some die? A new
section, “Targeting Criminals,” reviews how some robbers target fellow criminals—for
example, drug dealers—because they are inviting targets.
Chapter 11
Chapter 11 updates the case of Julian Assange and WikiLeaks, and how the 2016
presidential election was influenced by the release of emails hacked from Clinton
campaign computers. A Profiles in Crime feature covers the Edward Snowden case.
Voting fraud is now covered in some detail. A Policies and Issues in Criminology fea-
ture on the history and activities of the Islamic State has been updated. We also re-
view the US Freedom Act, which replaced the Patriot Act.
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PREFACE xxi
Chapter 12
Chapter 12 reviews the activities of the Cuban Mob, a gang of commercial thieves
who made off with $60 million worth of pharmaceuticals. Data are updated on shop-
lifting and retail theft: in a given year, total retail losses are approximately $44 billion.
There is new information on the increase in highly organized professionals involved
in auto theft. A Profiles in Crime feature entitled “Fertility Fraud” looks at the crimes
of Allison Layton, who cheated would-be parents at her fertility clinic. There is cover-
age of recent Foreign Corrupt Practices Act (FCPA) cases, illegal logging, and importa-
tion of wildlife that has brought some species, such as the northern white rhinoceros
and the western black rhinoceros, to near extinction.
Chapter 13
Chapter 13 begins with a vignette on Larry Nassar, a central figure in USA gymnastics,
and how his downfall began when young female athletes accused him of sexual assault
and federal investigators found child pornography on his computer. The most challenged
or banned library books are set out. There is new material on the history of prostitution,
including how in 1908 officials in Salt Lake City, Utah, hired Dora Topham, the leading
madam of Ogden, to operate a legal red-light district called the stockade. The Policies
and Issues in Criminology feature “Sex Work in Contemporary Society” is updated to
include survival sex among LGBTQ youth. Another Policies and Issues feature, “The In-
ternational Sex Trade,” is updated with the latest report by the UN on human trafficking.
There is a new Policies and Issues in Criminology feature on the opioid epidemic that is
sweeping the country. There is new material on the link between drugs and crime; re-
search projects find that they are highly correlated.
Chapter 14
Chapter 14 begins with the case of Kassandra Cruz, a Miami woman sent to prison for
cyberstalking and extortion. New data are presented on how the crime rate in Eng-
land and Wales doubled in 2015 when cybercrime began to be included. New data
are presented that show that a conservative estimate of the annual cost to the global
economy from cybercrime is now more than $400 billion and losses may be as high
as $575 billion. A new section entitled “Internet Extortion/Ransomware” discusses
how computers around the world are attacked by hackers. There is a new Policies and
Issues in Criminology box on revenge porn and efforts to penalize people who post
non-consensual sexually explicit photos online. Data are presented on cyberbullying
that show on average about 28 percent of kids experience this form of harassment.
A Policies and Issues in Criminology feature discusses how the Islamic State uses the
Internet to recruit and raise funds.
Supplements
An extensive package of supplemental aids is available for instructor and student
use with this edition of Criminology: The Core. Supplements are available to qualified
adopters. Please consult your local sales representative for details.
ONLINE TEST BANK Each chapter of the test bank contains questions in multiple-
choice, true/false, completion, and essay formats, with a full answer key. The test
bank is coded to the learning objectives that appear in the main text, references to
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xxii PREFACE
the section in the main text where the answers can be found, and Bloom’s taxonomy.
Finally, each question in the test bank has been carefully reviewed by experienced
criminal justice instructors for quality, accuracy, and content coverage. The Test Bank
is available for download on the password-protected website and can also be obtained
by e-mailing your local Cengage Learning representative.
ONLINE POWERPOINT® LECTURES Helping you make your lectures more engag-
ing while effectively reaching your visually oriented students, these handy Microsoft
PowerPoint slides outline the chapters of the main text in a classroom-ready presenta-
tion. The PowerPoint slides are updated to reflect the content and organization of the
new edition of the text and feature some additional examples and real-world cases
for application and discussion. Available for download on the password-protected in-
structor companion website, the presentations can also be obtained by e-mailing your
local Cengage Learning representative.
Acknowledgments
The preparation of this book would not have been possible without the aid of my col-
leagues who helped by reviewing the previous editions and gave me important sug-
gestions for improvement.
My partners at Cengage Learning have done their typically outstanding job of
aiding me in the preparation of this text and putting up with my yearly angst. Caro-
lyn Henderson Meier, my wonderful product team manager, is always an inspiration;
Shelley Murphy is both my content developer and dear friend. Kim Adams Fox did
an outstanding job on photo research. Both Mary Kanable and Susan Gall are excel-
lent proofreaders and I’m grateful for their thoughtful and smart comments. Linda
Jupiter, the book’s production editor, is another confidant and friend. I really appreci-
ate the help of Lunaea Weatherstone, who in addition to being a great copy editor is
also my oracle and personal life coach. The sensational Christy Frame is an extraordi-
nary senior content project manager, and senior marketing manager Mark Linton is
equally fantastic.
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CRIMINOLOGY
THE CORE
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Crime and Criminology
Learning Objectives
LO1 Explain the various elements of criminology.
LO2 Differentiate between crime and deviance.
LO3 Analyze the three different views of the definition of crime.
LO4 Articulate the different purposes of the criminal law.
LO5 Outline the criminal justice process.
LO6 Summarize the ethical issues in criminology.
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1
Chapter Outline
O
What Criminologists Do: The Elements n December 2, 2015, Syed Rizwan
of Criminology Farook and Tashfeen Malik, residents of
Criminal Statistics/Crime Measurement
Redlands, California, attacked a holiday
Sociology of Law/Law and Society/Sociolegal Studies
Developing Theories of Crime Causation party being held for employees at the
Explaining Criminal Behavior San Bernardino County Department of Public
Penology: Punishment, Sanctions, and Corrections
Victimology Health. Armed with semi-automatic weapons, they
A Brief History of Criminology killed 14 people; 22 others were seriously injured.
Classical Criminology Farook, who worked for the health department,
Positivist Criminology
was an American-born citizen of Pakistani decent,
Sociological Criminology
Conflict Criminology while Malik, his wife, was Pakistani-born and a
Developmental Criminology lawful permanent resident; they had a 6-month-old
Contemporary Criminology
daughter. After the shooting, the couple fled the
Deviant or Criminal? scene in a rented SUV and were killed in a shootout
How Criminologists Define Crime
Becoming Deviant with pursuing police.
The Concept of Crime Farook and Malik are considered homegrown
Profiles in Crime violent extremists, inspired by but not directed by
A SHOOTING IN FERGUSON
a foreign group; they were not part of any known
A Definition of Crime
terrorist cell. Farook visited Pakistan in 2014 and
Criminology and the Criminal Law returned with Malik, who traveled on a Pakistani
Common Law
Contemporary Criminal Law passport with a fiancée visa. They also visited Saudi
The Evolution of Criminal Law Arabia, but their radicalization is believed to have
Criminology and Criminal Justice been via the Internet. After they returned from
The Criminal Justice System
abroad, the couple began to stockpile weapons,
The Process of Justice
thousands of rounds of ammunition, and bomb-
Policies and Issues in Criminology
HATE CRIME IN GEORGIA making equipment in their home.1
The San Bernardino attack was all too reminiscent
Ethical Issues in Criminology of other terrorist incidents on American soil:
●●
On April 15, 2013, Dzhokhar and Tamerlan
FACT OR FICTION?
Tsarnaev set off bombs at the Boston Marathon
finish line, killing three people, and maiming
▸▸ Sex offender registration lists help deter and injuring at least 264. The Tsarnaev brothers,
potential offenders and reduce the though born abroad and of Chechen descent,
incidence of child molestation. had prospered in the United States; Dzhokhar
▸▸ It’s a crime to ignore a drowning person’s was attending a state university. Nonetheless,
cries for help. the brothers clung to radical Islamic views and
blamed the US government for conducting a war
▸▸ The definitions of long-established
common-law crimes such as rape, against Islam in Iraq and Afghanistan.2 ▸
robbery, and murder never change.
3
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●●
On November 28, 2016, Somali refugee Abdul Razak Ali Artan
deliberately drove his car into pedestrians at Ohio State University.
Getting out of the car, he then attacked others with a butcher knife
before being shot and killed by the first responding OSU police officer.
Thirteen people were injured in the attack. Investigators believe that
Artan was inspired by terrorist propaganda from the Islamic State (IS)
and radical Muslim cleric Anwar al-Awlaki.3 ■
These and other high-profile terrorist incidents have spurred an ongoing national
debate over the proper response to terrorism. In 2017, President Trump issued an
executive order that prohibited residents from seven predominantly Muslim coun-
tries from visiting the US to work or study. Another executive order focused on immi-
grants who “pose a risk to public safety” and thereby made millions of undocumented
people a priority for deportation.4 The ban provoked even greater debate. Supporters
believed Tump's order enhanced national security. Critics countered that the ban was
unconstitutional; federal judges sided with the latter and blocked its implementation.
Widely publicized criminal acts, including terror attacks, have stimulated interest
criminology in criminology, an academic discipline that uses the scientific method to study the
The scientific study of the nature, nature, extent, cause, and control of criminal behavior. This involves using valid and
extent, cause, and control of reliable procedures for the systematic collection, testing, and analysis of empirical evi-
criminal behavior.
dence relevant to the problem under study.
What motivates people like Farook and Malik to turn on coworkers and people
they knew in the name of Jihad? Or was that their real motive? Was their crime a
matter of rational choice and decision making or the outcome of delusional thinking
and mental illness?
Unlike political figures and media commentators, whose opinions about crime
may be colored by personal experiences, biases, and election concerns, criminolo-
gists remain objective as they study crime and its consequences.5 The field itself is
far reaching, and subject matter ranges from street level drug dealing to interna-
tional organized crime, from lone wolf terrorism to control of kiddie porn. It is an
interdisciplinary field: while many criminologists have attended academic programs
that award degrees in criminology or criminal justice, many criminologists have a
background in other academic disciplines, including sociology, psychology, and legal
studies.
In this chapter, we review the components of this diverse field of study, how this
field developed, and how criminologists view crime and justice. We begin by examin-
ing the focus and concerns of this intriguing academic discipline.
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Chapter 1 ■ CRiMe and CRiMinology 5
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6 Part 1 ■ CONCEPTS OF CRIME, LAW, AND CRIMINOLOGY
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Chapter 1 ■ CRiMe and CRiMinology 7
Pinning down “one true cause” of crime remains a difficult problem because
most people, even those living in the poorest disorganized neighborhood, or who
suffered abuse and neglect as children, do not become criminals. If they did, there
would be a lot more crimes committed each year than now occur. Since most of
us are law abiding, despite enduring many social and psychological problems, it’s
tough to pinpoint the conditions that inevitably lead to a criminal way of life. Crim-
inologists are still unsure why, given similar conditions, some people choose crimi-
nal solutions to their problems, whereas others conform to accepted social rules of
behavior.
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8 Part 1 ■ CONCEPTS OF CRIME, LAW, AND CRIMINOLOGY
Criminal statistics Gathering valid crime data. Devising new research methods; measuring crime patterns and trends.
Sociology of law/law and Determining the origin of law. Measuring the forces that can change laws and society.
society/sociolegal studies
Theory construction Predicting individual behavior. Understanding the cause of crime rates and trends.
Criminal behavior systems Determining the nature and cause of specific crime patterns. Studying violence, theft, organized
crime, white-collar crime, and public order crimes.
Penology: punishment, Studying the correction and control of criminal behavior. Using the scientific method to assess the
sanctions, and corrections effectiveness of criminal sanctions designed to control crime through the application of criminal
punishments.
Victimology Studying the nature and cause of victimization. Aiding crime victims; understanding the nature
and extent of victimization; developing theories of victimization risk.
dare to repeat their criminal offense. However, research shows that being sent to a
high-security prison exposes inmates to the most violent peers who have a higher
propensity for crime. This exposure may actually increase criminal behavior, rein-
force antisocial attitudes, and ultimately increase recidivism—a finding that supports
the need for careful penological research.18
victimology
The study of the victim’s role in Victimology
criminal events.
Criminologists recognize that the victim plays a critical role in the criminal process
and that the victim’s behavior is often a key determinant of crime.19 Victimology
includes the following areas of interest:
CHECKPOINTS ●● Using victim surveys to measure the nature and extent of criminal behavior and
to calculate the actual costs of crime to victims
▸●Criminologists engage in a Calculating probabilities of victimization risk
variety of professional tasks. ●●
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Chapter 1 ■ CRiMe and CRiMinology 9
Classical Criminology
By the mid-eighteenth century, social philosophers began to argue for a more rational
approach to punishment. Reformers stressed that the relationship between crime and
punishment should be balanced and fair. This more moderate view of criminal sanc-
tions can be traced to the writings of an Italian scholar, Cesare Beccaria (1738–1794),
who was one of the first scholars to develop a systematic understanding of why peo-
ple commit crime.
Beccaria believed that in choosing their behavior people act in their own self-
interest: they want to achieve pleasure and avoid pain. People will commit crime
when the potential pleasure and reward they believe they can achieve from illegal
acts outweigh the threat of future punishment. To deter crime, punishment must be
sufficient—no more, no less—to counterbalance the lure of criminal gain. If it were too
lenient, people would risk committing crimes; too severe a punishment would be un-
fair and encourage crimes. If rape were punished by death, rapists might be encouraged
to kill their victims to prevent identification; after all, they would have nothing to lose
if both rape and murder were punished equally. Beccaria’s famous theorem was that
in order for punishment to be effective it must be public, prompt, necessary, the least
possible in the given circumstances, proportionate, and dictated by law.22
The writings of Beccaria and his followers form the core of what today is referred
to as classical criminology. As originally conceived in the eighteenth century, classi- classical criminology
cal criminology theory had several basic elements: Theoretical perspective suggesting
that people choose to commit
●● People have free will to choose criminal or lawful solutions to meet their needs crime and that crime can be
or settle their problems. controlled if potential criminals
●● Crime is attractive when it promises great benefits with little effort. fear punishment.
●● Crime may be controlled by the fear of punishment.
●● Punishment that is (or is perceived to be) severe, certain, and swift will deter
criminal behavior.
This classical perspective influenced judicial philosophy, and sentences were
geared to be proportionate to the seriousness of the crime. Executions were still
widely used but gradually came to be employed for only the most serious crimes. The
catchphrase was “Let the punishment fit the crime.”
Positivist Criminology
During the nineteenth century, a new vision of the world challenged the validity of
classical theory and presented an innovative way of looking at the causes of crime.
The scientific method was beginning to take hold in Europe and North America.
Auguste Comte (1798–1857), considered the founder of sociology, argued that positivism
The branch of social science that
societies pass through stages that can be grouped on the basis of how people try to uses the scientific method of the
understand the world in which they live. People in primitive societies believe that in- natural sciences and suggests
animate objects have life (for example, the sun is a god); in later social stages, people that human behavior is a product
embrace a rational, scientific view of the world. Comte called this the positive stage, of social, biological, psychological,
and those who followed his writings became known as positivists. or economic forces that can be
empirically measured.
Positivism has a number of elements:
scientific method
●● Use of the scientific method to conduct research. The scientific method is objec- The use of verifiable principles
tive, universal, and culture-free. and procedures for the systematic
●● Predicting and explaining social phenomena in a logical manner. This means acquisition of knowledge. Typically
identifying necessary and sufficient conditions under which a phenomenon may involves formulating a problem,
or may not occur. Both human behavior and natural phenomena operate accord- creating hypotheses, and collecting
data, through observation
ing to laws that can be measured and observed. and experiment, to verify the
●● All beliefs or statements must be proved through empirical investigation guided hypotheses.
by the scientific method. Such concepts as “God” and “the soul” cannot be
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DANCE ON STILTS AT THE GIRLS’ UNYAGO, NIUCHI
I see increasing reason to believe that the view formed some time
back as to the origin of the Makonde bush is the correct one. I have
no doubt that it is not a natural product, but the result of human
occupation. Those parts of the high country where man—as a very
slight amount of practice enables the eye to perceive at once—has not
yet penetrated with axe and hoe, are still occupied by a splendid
timber forest quite able to sustain a comparison with our mixed
forests in Germany. But wherever man has once built his hut or tilled
his field, this horrible bush springs up. Every phase of this process
may be seen in the course of a couple of hours’ walk along the main
road. From the bush to right or left, one hears the sound of the axe—
not from one spot only, but from several directions at once. A few
steps further on, we can see what is taking place. The brush has been
cut down and piled up in heaps to the height of a yard or more,
between which the trunks of the large trees stand up like the last
pillars of a magnificent ruined building. These, too, present a
melancholy spectacle: the destructive Makonde have ringed them—
cut a broad strip of bark all round to ensure their dying off—and also
piled up pyramids of brush round them. Father and son, mother and
son-in-law, are chopping away perseveringly in the background—too
busy, almost, to look round at the white stranger, who usually excites
so much interest. If you pass by the same place a week later, the piles
of brushwood have disappeared and a thick layer of ashes has taken
the place of the green forest. The large trees stretch their
smouldering trunks and branches in dumb accusation to heaven—if
they have not already fallen and been more or less reduced to ashes,
perhaps only showing as a white stripe on the dark ground.
This work of destruction is carried out by the Makonde alike on the
virgin forest and on the bush which has sprung up on sites already
cultivated and deserted. In the second case they are saved the trouble
of burning the large trees, these being entirely absent in the
secondary bush.
After burning this piece of forest ground and loosening it with the
hoe, the native sows his corn and plants his vegetables. All over the
country, he goes in for bed-culture, which requires, and, in fact,
receives, the most careful attention. Weeds are nowhere tolerated in
the south of German East Africa. The crops may fail on the plains,
where droughts are frequent, but never on the plateau with its
abundant rains and heavy dews. Its fortunate inhabitants even have
the satisfaction of seeing the proud Wayao and Wamakua working
for them as labourers, driven by hunger to serve where they were
accustomed to rule.
But the light, sandy soil is soon exhausted, and would yield no
harvest the second year if cultivated twice running. This fact has
been familiar to the native for ages; consequently he provides in
time, and, while his crop is growing, prepares the next plot with axe
and firebrand. Next year he plants this with his various crops and
lets the first piece lie fallow. For a short time it remains waste and
desolate; then nature steps in to repair the destruction wrought by
man; a thousand new growths spring out of the exhausted soil, and
even the old stumps put forth fresh shoots. Next year the new growth
is up to one’s knees, and in a few years more it is that terrible,
impenetrable bush, which maintains its position till the black
occupier of the land has made the round of all the available sites and
come back to his starting point.
The Makonde are, body and soul, so to speak, one with this bush.
According to my Yao informants, indeed, their name means nothing
else but “bush people.” Their own tradition says that they have been
settled up here for a very long time, but to my surprise they laid great
stress on an original immigration. Their old homes were in the
south-east, near Mikindani and the mouth of the Rovuma, whence
their peaceful forefathers were driven by the continual raids of the
Sakalavas from Madagascar and the warlike Shirazis[47] of the coast,
to take refuge on the almost inaccessible plateau. I have studied
African ethnology for twenty years, but the fact that changes of
population in this apparently quiet and peaceable corner of the earth
could have been occasioned by outside enterprises taking place on
the high seas, was completely new to me. It is, no doubt, however,
correct.
The charming tribal legend of the Makonde—besides informing us
of other interesting matters—explains why they have to live in the
thickest of the bush and a long way from the edge of the plateau,
instead of making their permanent homes beside the purling brooks
and springs of the low country.
“The place where the tribe originated is Mahuta, on the southern
side of the plateau towards the Rovuma, where of old time there was
nothing but thick bush. Out of this bush came a man who never
washed himself or shaved his head, and who ate and drank but little.
He went out and made a human figure from the wood of a tree
growing in the open country, which he took home to his abode in the
bush and there set it upright. In the night this image came to life and
was a woman. The man and woman went down together to the
Rovuma to wash themselves. Here the woman gave birth to a still-
born child. They left that place and passed over the high land into the
valley of the Mbemkuru, where the woman had another child, which
was also born dead. Then they returned to the high bush country of
Mahuta, where the third child was born, which lived and grew up. In
course of time, the couple had many more children, and called
themselves Wamatanda. These were the ancestral stock of the
Makonde, also called Wamakonde,[48] i.e., aborigines. Their
forefather, the man from the bush, gave his children the command to
bury their dead upright, in memory of the mother of their race who
was cut out of wood and awoke to life when standing upright. He also
warned them against settling in the valleys and near large streams,
for sickness and death dwelt there. They were to make it a rule to
have their huts at least an hour’s walk from the nearest watering-
place; then their children would thrive and escape illness.”
The explanation of the name Makonde given by my informants is
somewhat different from that contained in the above legend, which I
extract from a little book (small, but packed with information), by
Pater Adams, entitled Lindi und sein Hinterland. Otherwise, my
results agree exactly with the statements of the legend. Washing?
Hapana—there is no such thing. Why should they do so? As it is, the
supply of water scarcely suffices for cooking and drinking; other
people do not wash, so why should the Makonde distinguish himself
by such needless eccentricity? As for shaving the head, the short,
woolly crop scarcely needs it,[49] so the second ancestral precept is
likewise easy enough to follow. Beyond this, however, there is
nothing ridiculous in the ancestor’s advice. I have obtained from
various local artists a fairly large number of figures carved in wood,
ranging from fifteen to twenty-three inches in height, and
representing women belonging to the great group of the Mavia,
Makonde, and Matambwe tribes. The carving is remarkably well
done and renders the female type with great accuracy, especially the
keloid ornamentation, to be described later on. As to the object and
meaning of their works the sculptors either could or (more probably)
would tell me nothing, and I was forced to content myself with the
scanty information vouchsafed by one man, who said that the figures
were merely intended to represent the nembo—the artificial
deformations of pelele, ear-discs, and keloids. The legend recorded
by Pater Adams places these figures in a new light. They must surely
be more than mere dolls; and we may even venture to assume that
they are—though the majority of present-day Makonde are probably
unaware of the fact—representations of the tribal ancestress.
The references in the legend to the descent from Mahuta to the
Rovuma, and to a journey across the highlands into the Mbekuru
valley, undoubtedly indicate the previous history of the tribe, the
travels of the ancestral pair typifying the migrations of their
descendants. The descent to the neighbouring Rovuma valley, with
its extraordinary fertility and great abundance of game, is intelligible
at a glance—but the crossing of the Lukuledi depression, the ascent
to the Rondo Plateau and the descent to the Mbemkuru, also lie
within the bounds of probability, for all these districts have exactly
the same character as the extreme south. Now, however, comes a
point of especial interest for our bacteriological age. The primitive
Makonde did not enjoy their lives in the marshy river-valleys.
Disease raged among them, and many died. It was only after they
had returned to their original home near Mahuta, that the health
conditions of these people improved. We are very apt to think of the
African as a stupid person whose ignorance of nature is only equalled
by his fear of it, and who looks on all mishaps as caused by evil
spirits and malignant natural powers. It is much more correct to
assume in this case that the people very early learnt to distinguish
districts infested with malaria from those where it is absent.
This knowledge is crystallized in the
ancestral warning against settling in the
valleys and near the great waters, the
dwelling-places of disease and death. At the
same time, for security against the hostile
Mavia south of the Rovuma, it was enacted
that every settlement must be not less than a
certain distance from the southern edge of the
plateau. Such in fact is their mode of life at the
present day. It is not such a bad one, and
certainly they are both safer and more
comfortable than the Makua, the recent
intruders from the south, who have made USUAL METHOD OF
good their footing on the western edge of the CLOSING HUT-DOOR
plateau, extending over a fairly wide belt of
country. Neither Makua nor Makonde show in their dwellings
anything of the size and comeliness of the Yao houses in the plain,
especially at Masasi, Chingulungulu and Zuza’s. Jumbe Chauro, a
Makonde hamlet not far from Newala, on the road to Mahuta, is the
most important settlement of the tribe I have yet seen, and has fairly
spacious huts. But how slovenly is their construction compared with
the palatial residences of the elephant-hunters living in the plain.
The roofs are still more untidy than in the general run of huts during
the dry season, the walls show here and there the scanty beginnings
or the lamentable remains of the mud plastering, and the interior is a
veritable dog-kennel; dirt, dust and disorder everywhere. A few huts
only show any attempt at division into rooms, and this consists
merely of very roughly-made bamboo partitions. In one point alone
have I noticed any indication of progress—in the method of fastening
the door. Houses all over the south are secured in a simple but
ingenious manner. The door consists of a set of stout pieces of wood
or bamboo, tied with bark-string to two cross-pieces, and moving in
two grooves round one of the door-posts, so as to open inwards. If
the owner wishes to leave home, he takes two logs as thick as a man’s
upper arm and about a yard long. One of these is placed obliquely
against the middle of the door from the inside, so as to form an angle
of from 60° to 75° with the ground. He then places the second piece
horizontally across the first, pressing it downward with all his might.
It is kept in place by two strong posts planted in the ground a few
inches inside the door. This fastening is absolutely safe, but of course
cannot be applied to both doors at once, otherwise how could the
owner leave or enter his house? I have not yet succeeded in finding
out how the back door is fastened.