The Monday Musings? court group meets each Mond
The “Monday Musings” court group meets each Monday at the Rutgers Moot Trial Court.
The participants fluctuate from week to week, but Daniel, William, Phyllis, Sharon, and you comprise the nucleus of the group. Each week one of
the group takes the lead in the discussion, presenting the fruits of their study and leading the ensuing discussion. This week, Daniel is leading the discussion on rape law. Daniel, warming to the passage, makes his pitch that rape law is a waste of time, just send the
offenders to a penal colony as per this article: https://www.dailymail.co.uk/news/article-10375133/Repeat-child-rapists-sent-penal-colonies-ARCTIC-life-proposals-Russia.html
Phyllis highlights that the question of the week was: “There have been significant changes in rape law involving issues such as
corroboration and shield laws. What other measures would you take to protect victims of rape when they have to testify in court?”
Thus, Daniel didn’t answer the question. Daniel replied, the victim’s voice would be heard by sending the offender to a penal colony. Sharon replied, the victim needs to be heard in court. The conversation turns to you, how would you respond? Be sure to include a theoretical framework.
Siegel, Larry J.. Criminology: The Core (Page 356). Cengage Learning. Kindle Edition.
Post-First: This course utilizes the Post-First feature in all Discussions. This means you will only be able to read and interact with your classmates’ threads after you have submitted your thread in response to the provided prompt.
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Beccaria Kant Brockway Mabbott On Crimes and Punishment (1764) Philosophy The American Punishment of Law (1887) Reformatory (1910) (1939)
Bentham Bentham Moral Calculus (1789) The Rationale of Punishment (1830)
ORIGIN
Classical Theory
CONTEMPORARY THEORY
Rational Choice Theory (p.92)
Maudsley Tarde Freud Pathology of Mind Penal General Introduction (1867) Philosophy to Psychoanalysis (1912) (1920)
Pinel Healy Treatise on Insanity (1800) The Individual Deliquent (1915)
Marx Bonger Rusche & Kircheimer Communist Manifesto (1848) Criminality and Punishment and Social Economic Structure (1939) Conditions (1916)
Glueck & Glueck 500 Criminal Careers (1930)
Mead Sutherland The Psychology Principles of of Punitive Justice Criminology (1917) (1939) Sutherland Sutherland Criminology (1924) The Professional Thief (1937)
Quetelet Durkheim Park, Burgess, Merton The Propensity The Division of & McKenzie Social Structure of Crime (1831) Labor in Society The City (1925) and Anomi (1938) (1893) Shaw et al. (1925) Delinquency Areas Sellin Thrasher Culture, Conflict The Gang (1926) and Crime (1938)
ORIGIN
Positivist Theory
CONTEMPORARY THEORY
Biological Trait Theory (p.129)
ORIGIN
Positivist Theory
CONTEMPORARY THEORY
Psychological Trait Theory (p.136)
ORIGIN
Marxist Theory
CONTEMPORARY THEORY
Critical Criminology (p.232)
ORIGIN
Sociological Theory
CONTEMPORARY THEORY
Social Structure Theory (p.158)
ORIGIN
Sociological Theory
CONTEMPORARY THEORY
Social Process Theory (p.194)
ORIGIN
Multifactor/Integrated Theory
CONTEMPORARY THEORY
Life Course Theory (p.268)
ORIGIN
Multifactor/Integrated Theory
CONTEMPORARY THEORY
Propensity Theory (p.276)
Gall Lombroso Garofalo Kretschmer Hooton Cranioscopy/Phrenology Criminal Man Criminology Physique and American (1800) (1863) (1885) Character (1921) Criminal (1939)
Dugdale Ferri Goring The Jukes Criminal The English Convict (1913) (1877) Sociology (1884)
Timeline of Criminological Theories
1775 1800 1825 1850 1875 1900 1925 1939
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Andenaes Martinson Cohen & Felson Clarke General Preventive Effects What Works (1974) Routine Activities (1979) Situational Crime Prevention (1992) of Punishment (1966)
Packer Newman J. Q. Wilson Katz The Limits of Criminal Defensible Thinking About Crime (1975) Seductions of Crime (1988) Sanction (1968) Space (1973)
Montagu Jeffery E. O. Wilson Mednick & Volavka Rowe Harris Man and Crime Sociobiology (1975) Biology and Crime (1980) The Limits of The Nurture Aggression Prevention Family Influence Assumption (1998) (1968) (1971) (1995)
Sheldon Dalton Ellis Varieties of Delinquent Youth (1949) The Premenstrual Syndrome (1971) Evolutionary Sociobiology (1989)
Friedlander Eysenck Bandura Hirschi & Hindelang Henggeler Moffitt Wilson & Daly Psychoanalytic Crime and Aggression (1973) Intelligence and Delinquency in Neuropsychology Evolutionary Psychology Approach to Personality (1964) Delinquency (1977) Adolescence (1989) of Crime (1992) (1997) Delinquency (1947) Murray & Herrnstein The Bell Curve (1994)
Vold Chambliss & Seidman Lea & Young Hagan Braithwaite Zehr & Mika Theoretical Criminology Law, Order and Power (1971) Left Realism (1984) Structural Criminology (1989) Crime, Shame, and Fundamental Concepts of (1958) Reintegration (1989) Restorative Justice (1998)
Dahrendorf Taylor, Walton, & Young Daly & Chesney-Lind Quinney & Pepinsky Barak & Henry Class and Class Conflict The New Criminology Feminist Theory Criminology as An Integrative-Constitutive in Industrial Society (1959) (1973) (1988) Peacemaking (1991) Theory of Crime (1999)
Cloward & Ohlin Kornhauser Wilson Agnew Courtwright Anderson Delinquency and Opportunity Social Sources The Truly General Strain Theory Violent Land (1996) Code of the Street (1960) of Delinquency (1978) Disadvantaged (1987) (1992) (1999)
Lewis Blau & Blau Messner & Rosenfeld LaFree The Culture of Poverty (1966) The Cost of Inequality (1982) Crime and the American Losing Legitimacy Dream (1994) (1998)
Lemert Hirschi Schur Akers Kaplan Akers Social Causes of Labeling Deviant Deviant Behavior (1977) General Theory Social Learning and Pathology (1951) Delinquency (1969) Behavior (1972) of Deviance (1992) Social Structure (1998) Becker Heimer & Matsueda Outsiders (1963) Differential Social Control (1994)
Glueck & Glueck West & Farrington Thornberry Sampson & Laub Loeber Unraveling Juvenile Delinquency Delinquent Way of Life Interactional Crime in the Making (1993) Pathways to Delinquency (1950) (1977) Theory (1987) (1998)
Weis Moffitt Social Development Adolescence-Limited and Life-Course Theory (1981) Persistent Antisocial Behavior (1995)
Hathaway & Monachesi Wolfgang, Figlio, & Sellin Wilson & Herrnstein Tittle Analyzing and Predicting Delinquency in Birth Cohorts Crime and Human Control Balance: Toward a General Juvenile Delinquency (1972) Nature (1985) Theory of Deviance (1995) with the MMPI (1953) Eysenck Gottfredson & Hirschi Crime and Personality General Theory of Crime (1990) (1964)
1947 1969 1975 1980 1991 1995 1997 1998
Timeline of Criminological Theories (continued)
Colvin Farrington Zimmerman, Botchkovar, Crime and Coercion (2000) “Developmental and Life-Course Antonaccio, & Hughes “Low Self- Criminology” (2003) Control in ‘Bad’ Neighborhoods” (2015)
Piquero, Farrington, Boutwell, Barnes, Deaton, & Nagin, & Moffitt Beaver “On the Evolutionary Origins of Trajectories of Offending (2010) Life-course Persistent Offending” (2013)
Conger Long-term Consequences of Economic Hardship on Romantic Relationships (2015)
Laub & Sampson Agnew Larson & Sweeten Bersani & Doherty Shared Beginnings, Divergent Why Do Criminals Offend? “Breaking Up Is “When the Ties That Lives (2003) (2005) Hard to Do” (2012) Bind Unwind” (2013)
Topalli “When Being Good Conger Is Bad: An Expansion of “Family Functioning and Crime” (2014) Neutralization Theory” (2005)
Maruna Making Good: How Ex-convicts Reform and Rebuild Their Lives (2001)
Sampson & Raudenbush LeBlanc Wilson & Taub There Goes the Neighborhood: Wilson Disorder in Urban Neighborhoods— Random Family: Love, Drugs, Trouble, Racial, Ethnic, and Class Tensions in Four Chicago More Than Just Race (2009) Does It Lead to Crime? (2001) and Coming of Age in the Bronx (2003) Neighborhoods and Their Meaning for America (2006)
Sullivan & Tifft Western Restorative Justice (2001) Punishment and Inequality in America (2010)
Hagan and Wymond-Richmond Chesney-Lind & Morash Darfur and the Crime of Genocide (2009) “Transformative Feminist Criminology” (2013)
Bushman & Anderson Dorn, Volavka & Media Violence (2001) Johnson “Mental Disorder and Violence” (2012)
Ellis & Hoskin “Criminality and the 2D:4D Ratio: Testing the Prenatal Androgen Hypothesis” (2015)
Schoenthaler Friedman Beaver Wright & Cullen Barnes & Jacobs Intelligence, Academic Performance, “Violence and Mental Biosocial Criminology (2009) “The Future of Biosocial “Genetic Risk for Violent and Brain Function (2000) Illness” (2006) Criminology” (2012) Behavior” (2013)
Lott Felson Steffensmeier & Ulmer Simon Petrossian & Clarke More Guns, Less Crime (2000) Crime and Everyday Life Confessions of a Dying Thief: Understanding Governing Through Crime (2010) “The CRAVED Theft Model” (2014) (2002) Criminal Careers and Illegal Enterprise (2005)
Levitt Understanding Why Crime Fell in the 1990s (2004)
2000 2001 2002 2003 2004 2005 2010 2016
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CRIMINOLOGY THE CORE
Larry J. Siegel University of Massachusetts, Lowell
7
Australia ● Brazil ● Mexico ● Singapore ● United Kingdom ● United States
EDITION
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requests online at
Cengage
USA
Criminology: The Core, Larry J. Siegel
Meier
Printed in the United States of America Print Number: 01 Print Year: 2017
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This book is dedicated to
my children, Eric, Julie, Rachel, and Andrew;
my grandchildren, Jack, Brooke, and Kayla Jean;
my sons-in-law, Jason Macy and Patrick Stephens;
and my wife, partner, and best friend, Therese J. Libby.
L. J. S.
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LARRY J. SIEGEL was born in the Bronx. While liv- ing on Jerome Avenue and attending City College of
New York in the 1960s, he was swept up in the social
and political currents of the time. He became intrigued
with the influence contemporary culture had on
individual behavior: Did people shape society, or did
society shape people? He applied his interest in social
forces and human behavior to the study of crime and
justice. Graduating from college in 1968, he was accepted into the
first class of the newly opened program in criminal justice at the
State University of New York at Albany, where he earned both
his MA and PhD degrees. Dr. Siegel began his teaching career at
Northeastern University, where he was a faculty member for nine
years. He also held teaching positions at the University of Nebraska–
Omaha and Saint Anselm College in New Hampshire before being
appointed a full professor in the School of Criminology and Jus-
tice Studies at the University of Massachusetts, Lowell. Dr. Siegel
retired from full-time classroom teaching in 2015 and now teaches
exclusively online. He has written extensively in the area of crime
and justice, including books on juvenile law, delinquency, criminol-
ogy, criminal justice, corrections, and criminal procedure. He is a
court-certified expert on police conduct and has testified in numer-
ous legal cases. The father of four and grandfather of three, Larry
Siegel and his wife, Terry, now reside in Naples, Florida, with their
two dogs, Watson and Cody.
Therese J. Libby and Larry J. Siegel
ABOUT THE AUTHOR
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PART 1 Concepts of Crime, Law, and Criminology
Chapter 1 Crime and Criminology 2
Chapter 2 The Nature and Extent of Crime 30
Chapter 3 Victims and Victimization 64
PART 2 Theories of Crime Causation
Chapter 4 Rational Choice Theory 98
Chapter 5 Trait Theory 132
Chapter 6 Social Structure Theory 170
Chapter 7 Social Process Theory 210
Chapter 8 Social Conflict, Critical Criminology, and Restorative Justice 248
Chapter 9 Developmental Theories: Life Course, Propensity, and Trajectory 284
PART 3 Crime Typologies
Chapter 10 Violent Crime 318
Chapter 11 Political Crime and Terrorism 366
Chapter 12 Economic Crimes: Blue-Collar, White-Collar, and Green-Collar 404
Chapter 13 Public Order Crimes 444
Chapter 14 Crimes of the New Millennium: Cybercrime and Transnational Organized Crime 488
Brief Contents
v
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Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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Preface xv
PART 1
Concepts of Crime, Law, and Criminology
CHAPTER 1
Crime and Criminology 2
What Criminologists Do: The Elements of Criminology 4 Criminal Statistics/Crime Measurement 4
Sociology of Law/Law and Society/Sociolegal Studies 5
Developing Theories of Crime Causation 6
Explaining Criminal Behavior 7
Penology: Punishment, Sanctions, and Corrections 7
Victimology 8
A Brief History of Criminology 8 Classical Criminology 9
Positivist Criminology 9
Sociological Criminology 10
Conflict Criminology 11
Developmental Criminology 12
Contemporary Criminology 12
Deviant or Criminal? How Criminologists Define Crime 13 Becoming Deviant 14
The Concept of Crime 15
Jo e
Ra ed
le /G
et ty
Im ag
es N
ew s/
G et
ty Im
ag es
Profiles in Crime A SHOOTING IN FERGUSON 16
A Definition of Crime 17
Criminology and the Criminal Law 17 Common Law 18
Contemporary Criminal Law 18
The Evolution of Criminal Law 19
Criminology and Criminal Justice 19 The Criminal Justice System 20
The Process of Justice 21
Policies and Issues in Criminology HATE CRIME IN GEORGIA 23
Ethical Issues in Criminology 24
CHAPTER 2
The Nature and Extent of Crime 30
Primary Sources of Crime Data 32 Official Records: The Uniform Crime Report 32
NIBRS: The Future of the Uniform Crime Report 35
Survey Research 35
The National Crime Victimization Survey (NCVS) 35
Self-Report Surveys 36
Evaluating Crime Data 38
Crime Trends 39 Contemporary Trends 40
Trends in Victimization 41
Ch ris
tia n
Po ve
da /A
ge nc
e VU
/R ed
ux
Contents
vii
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viii CONTENTS
Policies and Issues in Criminology INTERNATIONAL CRIME TRENDS 42
Policies and Issues in Criminology EXPLAINING TRENDS IN CRIME RATES 44
What the Future Holds 46
Policies and Issues in Criminology ARE IMMIGRANTS CRIME PRONE? 47
Crime Patterns 48 Place, Time, Season, Climate 48
Co-Offending and Crime 49
Gender and Crime 49
Race and Crime 51
Use of Firearms 52
Social Class and Crime 53
Unemployment and Crime 54
Age and Crime 54
Chronic Offenders/Criminal Careers 55 What Causes Chronicity? 56
Implications of the Chronic Offender Concept 56
CHAPTER 3
Victims and Victimization 64
The Victim’s Role 66
The Costs of Victimization 66 Societal-Level Costs 66
Individual-Level Costs 67
Legal Costs of Victimization 69
Policies and Issues in Criminology THE IMPACT OF WRONGFUL CONVICTIONS ON CRIME VICTIMS 70
The Nature of Victimization 72 The Social Ecology of Victimization 72
The Victim’s Household 73
Victim Characteristics 73
Policies and Issues in Criminology ELDER VICTIMS 74
A P
Im ag
es /J
im C
ol e
Victims and Their Criminals 78
Theories of Victimization 78 Victim Precipitation Theory 78
Lifestyle Theories 79
Deviant Place Theory 81
Routine Activities Theory 82
Caring for the Victim 84 Victim Service Programs 85
Victims’ Rights 89
Victim Advocates 89
Self-Protection 89
PART 2 Theories of Crime Causation
CHAPTER 4
Rational Choice Theory 98
Development of Rational Choice Theory 100
Concepts of Rational Choice 101 Evaluating the Risks of Crime 101
Offense-Specific/Offender-Specific 102
Structuring Criminality 103
Structuring Crime 104
Is Crime Truly Rational? 106 Is Drug Use Rational? 106
Profiles in Crime PLANNING TO STEAL 107
Is Violence Rational? 108
Is Hate Crime Rational? 108
Is Sex Crime Rational? 109
Analyzing Rational Choice Theory 109
Situational Crime Prevention 110 Crime Prevention Strategies 111
Evaluating Situational Crime Prevention 113
Th om
as B
ar w
ic k/
D ig
ita lV
is io
n/ G
et ty
Im ag
es
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ixCONTENTS
General Deterrence 114 Perception and Deterrence 114
Marginal and Restrictive Deterrence 114
Punishment and Deterrence 115
Policies and Issues in Criminology DOES THE DEATH PENALTY DISCOURAGE MURDER? 116
Evaluating General Deterrence 118
Specific Deterrence 119 Toughen Punishment? 119
Incapacitation 120
Policies and Issues in Criminology RACIAL DISPARITY IN STATE PRISONS 122
Criminal Justice and Rational Choice Theory 123
Police and Rational Choice Theory 123
Courts, Sentencing, and Rational Choice Theory 123
Corrections and Rational Choice Theory 124
CHAPTER 5
Trait Theory 132
Development of Trait Theory 134
Contemporary Trait Theory 135 Individual Vulnerability vs. Differential
Susceptibility 136
Biological Trait Theories 136 Biochemical Conditions and Crime 137
Neurophysiological Conditions and Crime 139
Genetics and Crime 142
Evolutionary Views of Crime 143
Psychological Trait View 144 The Psychodynamic Perspective 145
The Behavioral Perspective: Social Learning Theory 145
Policies and Issues in Criminology VIOLENT MEDIA/VIOLENT BEHAVIOR? 146
Cognitive Theory 149
A P
Im ag
es /M
ic ha
el S
ul liv
an /
N ew
s- Re
vi ew
Personality and Crime 150
Policies and Issues in Criminology CRIMINAL SUSCEPTIBILITY 151
Psychopathic/Antisocial Personality 151
Profiles in Crime THE ICEMAN: A TRUE SOCIOPATH 153
Intelligence and Criminality 154
Mental Disorders and Crime 155 Crime and Mental Illness 155
Profiles in Crime ADAM LANZA AND THE NEWTOWN MASSACRE 157
Evaluation of Trait Theory 157
Social Policy and Trait Theory 158
Policy and Issues in Criminology COGNITIVE BEHAVIORAL THERAPY 159
CHAPTER 6
Social Structure Theory 170
Economic Structure and American Society 172 Living in Poverty 172
Child Poverty 173
Minority Group Poverty 173
Problems of the Lower Class 174
Social Structure and Crime 175
Policies and Issues in Criminology LABOR’S LOVE LOST 176
Social Structure Theories 177
Social Disorganization Theory 177 The Work of Shaw and McKay 178
The Social Ecology School 180
Collective Efficacy 183
Strain Theories 186 Theory of Anomie 186
Institutional Anomie Theory 187
Relative Deprivation Theory 188
General Strain Theory (GST) 189
A P
Im ag
es /S
te ve
n Se
nn e
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Cultural Deviance Theory 192 Focal Concerns 192
Policies and Issues in Criminology THE CODE OF THE STREETS 194
Theory of Delinquent Subculture 195
Theory of Differential Opportunity 197
Social Structure Theory and Public Policy 198 Broken Windows 199
CHAPTER 7
Social Process Theory 210
Institutions of Socialization 213 Family Relations 213
Educational Experience 215
Peer Relations 216
Religion and Belief 217
Social Learning Theories 218 Differential Association Theory 218
Profiles in Crime THE AFFLUENZA CASE 221
Differential Reinforcement Theory 222
Neutralization Theory 222
Policies and Issues in Criminology WHITE-COLLAR NEUTRALIZATION 225
Evaluating Learning Theories 226
Social Control Theory 226 Hirschi’s Social Control Theory 226
Testing Social Control Theory: Supportive Research 228
Critiquing Social Control Theory 229
Social Reaction (Labeling) Theory 230 Consequences of Labeling 231
Primary and Secondary Deviance 233
Criminal Careers 233
Differential Enforcement 234
G ab
rie lle
L ur
ie /A
FP /G
et ty
Im ag
es
Long-Term Effects of Labeling 234
Is Labeling Theory Valid? 235
Social Process Theory and Public Policy 236
CHAPTER 8
Social Conflict, Critical Criminology, and Restorative Justice 248
Origins of Critical Criminology 250 Critical Criminology in the United States 252
Contemporary Critical Criminology 253
How Critical Criminologists Define Crime 253
How Critical Criminologists View the Cause of Crime 254 Failing Social Institutions 255
Globalization 255
State-Organized Crime 257
Policies and Issues in Criminology ARE WRONGFUL CONVICTIONS A STATE CRIME? 260
Instrumental vs. Structural Theory 261 Instrumental Theory 261
Profiles in Crime RUSSIAN STATE-ORGANIZED CRIME 262
Structural Theory 263
Research on Critical Criminology 263 Race and Justice 263
Alternative Views of Critical Theory 264 Left Realism 264
Policies and Issues in Criminology LEFT REALISM AND TERROR 265
Critical Feminist Theory: Gendered Criminology 266
Power–Control Theory 269
Peacemaking Criminology 270
A ni
k Ra
hm an
/R ed
ux
x CONTENTS
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Critical Theory and Public Policy: Restorative Justice 271 The Concept of Restorative Justice 271
Reintegrative Shaming 272
The Process of Restoration 273
The Challenge of Restorative Justice 276
CHAPTER 9
Developmental Theories: Life Course, Propensity, and Trajectory 284
Foundations of Developmental Theory 286 Three Views of Criminal Career Development 287
Population Heterogeneity vs. State Dependence 288
Life Course Theory 289 Age of Onset 290
Problem Behavior Syndrome 291
Continuity of Crime 291
Age-Graded Theory 292
Policies and Issues in Criminology HUMAN AGENCY, PERSONAL ASSESSMENT, CRIME, AND DESISTANCE 296
Social Schematic Theory (SST) 297
Policies and Issues in
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