What is Crime???

Asst. Prof. Galma Akdeniz

PollEv.com/galmaakdeniz963

Go the the website above

And answer the question
 What is “Crime”?
Components:
•Behavioral
– Crime it is a certain type of behavior
•Legal
– Behavior that is defined as illegal
– Is it always??
•Social
– That is usually also socially unacceptable
 So how do we define crime???
• Legalistic
• Political
• Sociological
• Psychological
viewpoint
 Why is this important?
• Our point of view defines:
– Kinds of questions we ask about crime
– Nature of research we conduct
– Types of answers we are looking for
– Types of policies that we take into
consideration
 Legalistic perspective
• “Human conduct in violation of the criminal
law that was created by authority that has
such power”
– Human conduct
– Violation of law
– Created by authority with such power
 How to legally define crime?
• “Human conduct in violation of the criminal
law that was created by authority that has
such power”
– So if a cow does it, is it a crime?
– There must be a clear law defining something
as a crime
• The Principle of Legality (Kanunilik ilkesi)
 How to legally define crime?
• “Human conduct in violation of the criminal
law that was created by authority that has
such power”
– So if a cow does it, is it a crime?
– There must be a clear law defining something as
a crime
• What if the law does not – incest among consenting
adults
– And such law must be created by someone who
has the authority to create law
How would you define a crime?
• Bribery (corruption)?
• Child sexual abuse?
• Murder?
• Fraud?
 Legal definition of “a crime”
• TCK md. 103 Çocukların Cinsel İstismarı
• (1) Çocuğu cinsel yönden istismar eden kişi, sekiz yıldan on beş yıla kadar
hapis cezası ile cezasına hükmolunur…..

a) On beş yaşını tamamlamamış veya tamamlamış olmakla birlikte fiilin

hukuki anlam ve sonuçlarını algılama yeteneği gelişmemiş olan çocuklara
karşı gerçekleştirilen her türlü cinsel davranış,

b) Diğer çocuklara karşı sadece cebir, tehdit, hile veya iradeyi etkileyen
başka bir nedene dayalı olarak gerçekleştirilen cinsel davranışlar,
anlaşılır.

(2) Cinsel istismarın vücuda organ veya sair bir cisim sokulması suretiyle
gerçekleştirilmesi durumunda, on altı yıldan aşağı olmamak üzere hapis
cezasına hükmolunur….
 Legal definition of “a crime”
TCC Art. 103 Child Sexual Abuse
(1) Person who sexually abuses a child will be punished by 8
to 15 years imprisonment…
Sexual Abuse of a Child is defined as
a)Any sexual act towards a child younger than 15 years of
age, or an older child whose capacity to understand the legal
meaning or consequences of such action,
b)Sexual act towards other children conducted with the use of
force, threat of force, manipulation….

(2) When sexual abuse involves insertion of a body part or a

different object into the body, perpetrator will be punished by
no less than 16 years imprisonment…
 Legal definition of “a crime”
• There are different laws that define different crimes
• The most important one in Turkey is Turkish Criminal Code (Türk
Ceza Kanunu – TCK)
– Starting from Art. 76

• Some countries have more than one criminal code (federations),

and thus in one country there may be different definitions of the
same crime.

• But many other laws include different types of sanctions as well

– Law on Combating Terrorism - Terörle Mücadele Kanunu, Art 7.
– Commercial Law (Unfair Competition) – Ticaret Kanunu / Haksız rekabet Art.
62
– Forestry Law – Orman Kanunu Art. 91
 How to legally define crime?
• “Human conduct in violation of the criminal
law that was created by authority that has
such power”
• So, what ever is defined as crime, is
crime.
• What does that tell us about the nature of
crime?
 Problem with the legal definition
• It says nothing about the nature of the behavior itself
– Anything can be “crime”, as long as it is defined as such by the
law
– What is defines is not value free (someone makes that decision)

• It says nothing about the nature of the criminal

– Based on this definition “criminal” is person who violates the law,
but we know nothing about this person.
Problem with the legal definition
• Is it really that simple? If there is no law, is
there no crime????
• Can there be crime without law?
• Can society define behaviors criminal
through other means?
 Political definition
• Crime is defined so as to control a segment
of the society, for the benefit of those is
power.
• “Crime” is not necessary a “bad” behavior,
or even an anti-social one, but behavior that
threatens those in power.
• Law, therefore, is not associated with
popular notions of rights and wrong; it is
about power, not value.
 Sociological definition of crime
• Laws are social products (produced by
legislative activity)
• Therefore, crime is what ever society says
it is.
• Process of “criminalization” is used to
define some behaviors legally prohibited,
while other remain legal.
– Think drugs/cigarettes
 Sociological definition of crime
• Looking from the perspective of the wellbeing of the
society
• “Antisocial acts whose suppression is necessary for
the survival of the society”
• So, hurts human relationships and is in violation of
social norms
• HARM
• Even if there is no law, if there is harm, if it hurts the
society, there is crime
 Psychological definition
• Crime is just “another type of behavior”
that is maladjusted.
• Some people react to stimuli in a way that
makes it difficult for them to be functional
in the society.
• So “crime” itself is not in the nature of the
act, but in the nature of context.
So “crime” itself is not in the
nature of the act, but in the nature
of the context.

But can violence ever NOT be a crime?

• Is any type of unacceptable behavior
criminal?
• Should it be?
 Deviance
• To distinguish between “illegal and
antisocial” behavior, and just “antisocial”
behavior
• Deviance – “Behavior that violates norms
and standards of the community, for which
the deviant is sanctioned”
– “Norms and standards”
– “Sanctioned”
– “Community”
 Crime and deviance
• Something can be illegal (criminal), but
socially acceptable – what?
• Other acts may be legal, but socially
unacceptable – what?

İlegal Deviant
 “What should be criminal?”
• Different questions (is/aught)
 Crime X criminality
• “Crime” is an act
• Criminality – quality/characteristic of behavior
• Criminogenic – quality of a variable that
contributes to criminality
– Poverty
– Homelessness
– Gender
– ….
 “What should be criminal?”
• Different questions (is/aught)
• Consensus perspective
– Criminalization should follow general
agreement
– Is this possible? Can society “agree”?
• Pluralist perspective
– Recognizes diversity of opinion
– Criminalization is a political process
 What do you think?
• PollEv.com/galmaakdeniz963

• A) Something should be defined as crime

only if majority of the society agrees to
that.
• B) Sometimes some behaviors should be
defined as crimes, even if majority of the
society disagrees.
 Crime typologies
• What are different types of crime?
• What was the crime you identified in your
assignment?

PollEv.com/galmaakdeniz963
 Crime typologies
• How are these different types of crimes
different from one another?
– Violence – violent/non-violent
– Weapons – includes/does not includes/fire
weapons
– Victim - victimless
– Goal/aim of the crime – expressive/instrumental
– Type of harm caused – violent/property/…
– ….
 Why are typologies useful?
• Study of crime
• Crime prevention policy
• Crime response policy
 Types of crime we will discuss
• Street crime:
– Violent, property, things that happen on the street
(drugs)
• Vice
– Gambling, prostitution, drugs
• Property crime
– Theft, burglary, graffiti… Also other types of property
• Transnational crime
• Organized crime
• Victimless crime….