Defining & Classifying Crime & Criminals

1. Defining & Classifying Crime & Criminals U.S. Justice

2. Bellringer • Answer the following: • What is crime?

3. What is crime? Difficult to define Easier to define more serious offenses, rather than those that do not cause direct personal harm Stereotyped ideas about criminals Little consensus about crime seriousness Need organization for justice purposes

4. Defining Crime • Behaviors deemed wrong by society and in need of control • Involves “intent” • “Cause” of crime is the legislature • Crime • “an act or omission in violation of a law punishable by the state” • Without “crime” we would still have wrong behaviors, but they would not be “crime” unless defined as such by the legislature • Not crime unless there’s a law against it • Deviance (behavior that violated socially accepted standards of proper conduct) is one type of crime

5. Defining Crime • Two components of crime definitions: • Actusreus(act or lack of action) • Mensrea(intent or mental condition of offender) • Have to do something illegal with intent to be convicted usually • Ex. burglary • State has prove both actusreus and mensreabeyond a reasonable doubt to obtain a conviction • Corpus delicti – the body of the crime • The fact that a crime was actually committed • Strict liability – presumes mensrea, intent does not matter • “Ignorance of the law is no excuse.”

6. Classification of Crime & Criminals • 1. Serious v. minor (Dangerous v. normal) • Mala in se: offenses that are wrong in themselves • Crime that seems wrong despite legality • Mala prohibita: offenses that are wrong because we say so • Prohibited by society, ex. drugs • Least agreement on these offenses • 2. Categories • Felony • Misdemeanor • Violation: typically does not carry incarceration, only fines or loses of privilege • Ex. speeding

7. Classification of Crime & Criminals • 3. Ordinary (normal) v. aggravated (dangerous) • Ex. Burglary • Differentiates the seriousness of the same behavior • Classification of crimes clarifies the response the justice system should make • How a crime is labeled can determine if a crime is reported or investigated

8. Defining Criminals • Different types of offenders just as there are different types of offenses • Important to determine the type of justice they receive • 1. Type of crime committed • Ex. Robber, murderer • M.O. file (modus operandi or method of operation) • Offenders usually specialize in certain types of crime • Property offenders, violent offenders, drug offenders, etc. • 2. First time v. repeat offenders • Repeat offenders = career criminals

9. Criminal Careers v. Career Criminals • Lifecourse criminality: how people engage in or refrain from crime over the course of their lives • Career criminal: someone for whom crime is a normal activity and is part of self-identification • Commit the majority of crimes • More focus on them from justice system • Typologies allow the justice system to function more efficiently • Ex. Burglars • Routine activities theory: crime occurs when a motivated offender and a suitable target come together in the absence of an effective guardian