UNIT 1 & 2 - INTRODUCTION

TO CRIME & CRIMINOLOGY

Course outcome 1 : Understand the history, origin, scope
and definition of crime
Course outcome 2 : Understand the interdisciplinary
nature of criminology.
Introduction
In criminal law, a crime is generally composed of several key elements that must
be proven beyond a reasonable doubt for an individual to be convicted. These
elements include:
Elements of Crime
• Mens Rea
• Actus Reus
• Law
• Offender/ Victim.
Mens Rea (Criminal Intent): This refers to the mental state of the individual at the
time of the crime. Mens rea is the intention or knowledge of wrongdoing. It
signifies that the offender had a guilty mind and intended to commit the criminal
act. Different crimes require different levels of mens rea, ranging from negligence
to intentional wrongdoing.

Actus Reus (Criminal Act): This is the physical act of committing the crime.
Actus reus refers to the actual behavior or conduct that is prohibited by law. It can
be an action (such as theft), a failure to act (such as not paying taxes), or a state
of being (such as possessing illegal drugs).
Law: The criminal act must be defined and prohibited by a statute or common law.
This element ensures that the act is explicitly illegal according to a legal
framework, providing clarity on what constitutes a crime.

Offender/Victim: The identification of both the perpetrator (offender) and the

person or entity harmed (victim) is essential. The offender is the one who commits
the actus reus with mens rea, and the victim is the one who suffers the harm or
injury as a result.
Crime Definition

Paul Tappan (1960): "Crime is an intentional act or

omission in violation of criminal law (statutory and case
law), committed without defense or justification, and
sanctioned by the state as a felony or misdemeanor.”
Sin
Definition: Sin is a transgression against divine law or moral principles as
defined by religious beliefs.

Examples: Lying, stealing, adultery, blasphemy.

Consequences:In religious contexts, sin can lead to spiritual consequences

such as guilt, separation from God, or punishment in the afterlife, depending
on the belief system.

Sin vs. Crime: Sin is a moral or religious wrongdoing, whereas crime is a

violation of law punishable by the state. Some actions can be both sins and
crimes (e.g., murder).
Tort:

Definition: A tort is a civil wrong that causes harm or loss to another person,
leading to legal liability.
There are several categories, including intentional torts (e.g., assault),
negligence (e.g., car accidents due to carelessness), and strict liability (e.g.,
harm caused by defective products).
Consequences - the defendant may be ordered to compensate the plaintiff
monetarily for damages incurred, such as medical bills, lost wages, or pain and
suffering.
Tort vs. Crime: A tort is a wrong against an individual that leads to civil liability,
while a crime is a wrong against the state or society that leads to criminal
punishment. For example, assault can be both a tort (leading to civil damages)
and a crime (leading to imprisonment)
Vice:

Definition: A vice is a practice, behavior, or habit generally considered immoral, or

degrading in society.

Examples: Gambling, excessive drinking, drug abuse.

Consequences: Vices often lead to negative personal outcomes such as addiction,

health problems, and strained relationships. They can also impair decision-making
abilities and hinder personal growth.

Vice vs. Crime: A vice is a personal flaw or habit that may be immoral but not
necessarily illegal, while a crime is always illegal. For example, gambling may be
considered a vice but is only a crime in certain jurisdictions.
Criminology Definition
Criminology, derived from the Latin word “crimen” meaning accusation or crime,
and the Greek word “logia” meaning the study or science, is the scientific study of
crime, criminal behavior, and the criminal justice system.

This field examines various aspects of crime to understand its nature, extent,
causes, and control within both individuals and society.

Edwin H. Sutherland defined criminology is the process of making laws, breaking

laws and reacting to the breaking of laws.
Nature of criminology
Interdisciplinary: Criminology draws on knowledge and methodologies from fields such as sociology,
psychology, law, and anthropology. This interdisciplinary approach allows for a more holistic understanding of
criminal behavior and the functioning of the criminal justice system.

Empirical: The field relies heavily on empirical research methods, meaning it focuses on collecting and analyzing
data to understand crime patterns, the motivations behind criminal behavior, and the effectiveness of different
crime prevention strategies. This empirical approach ensures that conclusions are based on observed and
measurable evidence.

Theoretical: Criminology is grounded in various theories that aim to explain why crime occurs. These theories
might focus on deterrence (the idea that the threat of punishment will prevent crime), social influences (such as
the impact of peer groups or family), or biological factors (like genetics or brain chemistry). These theoretical
frameworks guide research and help shape policies and practices within the criminal justice system.

Applied: The ultimate goal of criminological research is to address practical issues related to crime and the
criminal justice system. Criminologists work closely with law enforcement agencies, policymakers, and social
service organizations to develop strategies that effectively prevent and control crime. This applied aspect ensures
that criminology has a direct impact on improving public safety and justice.
Origin and History of Criminology
Ancient and Medieval Roots

● Ancient Societies: Early concepts of crime and punishment can be traced back to
ancient civilizations such as Mesopotamia, Greece, and Rome. Legal codes like the
Code of Hammurabi in Babylon (1754 BC) outlined crimes and corresponding
punishments. often based on the principle of retribution (lex talionis), such as "an eye
for an eye.”
● Medieval Period: During the medieval period in Europe, crime was often seen as a sin
against God, and punishments were severe. The concept of trial by ordeal was
common. The Church played a significant role in legal matters.
Medivel period : English common law refers to the body of law developed in
England from judicial decisions based on custom and precedent, as opposed to
statutory laws. The Magna Carta, signed in 1215, is one of the most important
documents in the history of English law. It established the principle that everyone,
including the king, was subject to the law. The Magna Carta introduced the
concept of due process and the right to a fair trial, which are fundamental to
modern criminal justice systems.
The Classical School (18th Century)

● Cesare Beccaria: In the mid-18th century, Italian philosopher Cesare Beccaria

published "On Crimes and Punishments" (1764), advocating for a more rational and just
approach to punishment. He argued against torture and the death penalty, emphasizing
that punishment should be proportionate to the crime and serve as a deterrent.
● Jeremy Bentham: An English philosopher and jurist, Bentham further developed the
ideas of the Classical School. He introduced the concept of utilitarianism, suggesting
that laws should aim to achieve the greatest happiness for the greatest number of
people.
The Positivist School (19th Century)

● Cesare Lombroso: Often considered the father of modern criminology, Lombroso

shifted the focus from crime to the criminal. In "The Criminal Man" (1876), he argued
that criminals were biologically different from non-criminals and could be identified by
physical characteristics.
● Enrico Ferri and Raffaele Garofalo: These Italian criminologists expanded on
Lombroso's work, incorporating social and environmental factors into the understanding
of criminal behavior.
Sociological Approaches (Early 20th Century)
● Chicago School: In the early 20th century, sociologists at the University of
Chicago began studying crime in the context of urban environments. They
emphasized the role of social structures and communities in influencing
criminal behavior. Notable figures include Robert Park, Ernest Burgess, and
Clifford Shaw.
● Strain Theory: Robert K. Merton's Strain Theory (1938) proposed that society
puts pressure on individuals to achieve socially accepted goals, though not
everyone has the means to achieve them, leading some to engage in criminal
behavior.
Psychological and Psychoanalytic Approaches

● Sigmund Freud: Freud's psychoanalytic theories influenced criminology by

suggesting that unconscious drives and childhood experiences could lead to
criminal behavior.
● Hans Eysenck: Eysenck's research in the mid-20th century explored the link
between personality traits and criminality, proposing that certain personality
types are more prone to engage in criminal activities.
Modern Criminology

● Integrated Theories: Modern criminology often integrates multiple perspectives, combining biological, psychological, and
sociological factors to provide a more comprehensive understanding of criminal behavior.
● Critical Criminology: Emerging in the late 20th century, critical criminology critiques traditional theories and emphasizes the
role of power, inequality, and social justice in the understanding of crime.
● Feminist Criminology: This branch examines how gender impacts crime and criminal justice, highlighting issues such as
domestic violence, sexual assault, and the treatment of women in the criminal justice system.
● Environmental and Situational Crime Prevention: Modern approaches also focus on preventing crime through environmental
design, improved surveillance, and community-based strategies.
Typology of Crime and Criminal Behaviour
Typology of crime and criminal behavior involves categorizing different types of crimes and the behaviors
associated with them. Here are some common categories:
Violent Crimes: These involve force or the threat of force. Examples include murder, assault, and robbery.
Property Crimes: These crimes involve the theft or destruction of property. Examples include burglary,
larceny, and arson.
White-Collar Crimes: These are non-violent crimes committed by individuals in professional roles.
Examples include fraud, embezzlement, and insider trading.
Organized Crime: These crimes are carried out by structured groups typically involving the supply of
illegal goods and services. Examples include drug trafficking, human trafficking, and illegal gambling.
Cyber Crimes: These involve criminal activities carried out using computers or the internet. Examples
include hacking, identity theft, and online scams.
Public Order Crimes: These crimes disrupt the public order or norms. Examples include public
intoxication, prostitution, and disorderly conduct.

Environmental Crimes: These involve violations of laws designed to protect the environment.
Examples include illegal dumping of waste, pollution, and wildlife trafficking.

Hate Crimes: These crimes are motivated by prejudice against a particular group based on race,
religion, ethnicity, sexual orientation, or other factors. Examples include hate speech, vandalism,
and physical assault.

Each category reflects different motives, methods, and impacts, helping law enforcement and
researchers understand and address criminal behavior more effectively.
Felony

Severity: Felonies are more serious crimes.

Punishment: They typically carry harsher penalties, including
imprisonment for more than one year, significant fines, and
sometimes capital punishment.
Examples: Murder, rape, robbery, burglary, arson, and drug
trafficking.
Misdemeanor

Severity: Misdemeanors are less serious offenses compared

to felonies.
Punishment: They usually result in lighter penalties, such as
imprisonment for less than one year, smaller fines, probation,
or community service.
Examples: Petty theft, vandalism, public intoxication, simple
assault, and minor drug possession.
Deviances
Deviance refers to behaviors or actions that violate societal norms or rules. These
norms can be formal, such as laws, or informal, like customs and traditions. The
concept of deviance is crucial in sociology because it helps us understand how
societies maintain order and what happens when that order is disrupted.
Types of Deviance
Formal Deviance: This includes criminal acts that violate laws, such as theft, assault, and
murder. Formal deviance is typically punished through the legal system.
Informal Deviance: These are violations of social norms that are not codified into law.
Examples include dressing inappropriately for a social occasion or speaking loudly in a
quiet place. Informal deviance often leads to social sanctions like disapproval or
ostracism
Implications of Deviance
Social Stigma: Deviance often leads to stigmatization, where individuals are discredited and face
discrimination based on their deviant label.

Social Change: Deviant behavior can challenge and change societal norms, leading to progress
and reform. For instance, acts of civil disobedience during the civil rights movement were initially
seen as deviant but eventually led to significant social change.

Understanding Human Behavior: Studying deviance helps sociologists understand the

complexities of human behavior and the various factors that contribute to conformity and
nonconformity.
Scope of Criminology
Crime Causation: One of the fundamental aspects of criminology is the study of factors
contributing to criminal behaviour. This includes examining the influence of socioeconomic
conditions, socialisation, mental health and even genetic and neurological factors.
Criminal Typologies: Criminologists analyse different types of criminals, their characteristics and
the patterns of crimes they commit. This knowledge aids in tailoring prevention and intervention
strategies to specific offender profiles.
Victimology: Understanding the impact of crime on victims and their experiences is a crucial
component. This knowledge is used to design support systems and services that cater to the
needs of victims.
Criminal Justice System: Criminology evaluates the functioning of the criminal justice system,
which encompasses the police, courts and correctional institutions. It assesses the effectiveness
and fairness of the system in dealing with crime and criminals.
Crime Prevention and Control: Criminologists are actively involved in developing,
implementing and assessing crime prevention strategies. This includes
rehabilitation programs, community policing and measures to reduce recidivism
Comparative Criminology: This subfield involves comparing crime rates, criminal
justice policies and cultural differences across different countries and societies.
The aim is to identify effective approaches to crime control and to learn from
international practices.
Specialised Areas: Criminology also encompasses specialised areas like
white-collar crime, which focuses on non-violent crimes committed by individuals
in positions of trust or authority and cybercrime, which investigates crimes
committed in the digital realm, including hacking, identity theft and online scams.
Relevance of criminology with other social sciences,
medicine & law

Criminology is an interdisciplinary field that examines the causes, consequences,

prevention, and control of criminal behavior. It draws upon various disciplines,
creating a comprehensive understanding of crime and its impact on society. Here’s
how criminology intersects with other social sciences, medicine, and law:
Social Sciences
Sociology

Social Structures: Criminology examines how social structures, institutions, and relationships
influence criminal behavior. Sociological theories such as strain theory, social learning theory,
and social control theory are fundamental in understanding crime.

Social Inequality: Issues of race, class, and gender inequality are explored in both fields to
understand how they contribute to differential crime rates and criminal justice outcomes.

Psychology

Behavioral Analysis: Criminology utilizes psychological theories to understand individual

behavior, including the motivations and mental processes behind criminal acts.

Mental Health: The relationship between mental health disorders and criminal behavior is a key
area of study. Psychological assessments and therapies are often used in the rehabilitation of
offenders.
Economics

Economic theories help explain how socioeconomic factors like poverty, unemployment, and economic
inequality contribute to crime rates. Cost-benefit analyses are also used to evaluate crime prevention and
law enforcement strategies.

Political Science

Policy Analysis: Criminology intersects with political science in the study of criminal justice policies, the
role of government, and the impact of legislation on crime prevention and control.

Power and Authority: The distribution and exercise of power within societies and its effect on crime and
justice are explored.
Anthropology

Cultural Perspectives: Anthropologists study the cultural contexts of crime,

including how cultural norms and values influence criminal behavior and justice
systems.

Ethnographic Methods: Qualitative research methods from anthropology are used

to gain in-depth understanding of criminal behavior and subcultures.
Medicine
Public Health

Epidemiology of Crime: Criminology examines crime from a public health perspective, looking at patterns
and causes of violence and how they affect community health.

Prevention Programs: Public health approaches to crime prevention focus on addressing root causes such
as substance abuse, mental illness, and social determinants of health.

Psychiatry

Mental Disorders and Crime: The relationship between psychiatric disorders and criminal behavior is a
significant area of study. Forensic psychiatry plays a crucial role in assessing and treating offenders.

Rehabilitation: Medical treatments, including medication and therapy, are used in the rehabilitation of
offenders with mental health issues.
Forensic Science

Crime Scene Investigation: Forensic science provides the technical expertise to

collect and analyze physical evidence from crime scenes, aiding in the detection
and prosecution of offenders.

Biological and Chemical Analysis: Techniques such as DNA profiling, toxicology,

and ballistics are crucial in solving crimes and understanding criminal behavior.
Law
Criminal Law

Legal Definitions: Criminology studies the legal definitions of crimes, how laws are created, and their
impact on society. Understanding legal frameworks is essential for analyzing criminal behavior.

Justice System: The functioning of the criminal justice system, including law enforcement, the judiciary,
and corrections, is a central focus of criminological research.

Human Rights

Rights of Offenders and Victims: Criminology examines issues related to the rights of individuals within the
criminal justice system, including due process, fair treatment, and rehabilitation.

Legal Reforms: Criminologists advocate for reforms to address injustices and improve the effectiveness
and fairness of the legal system.
Comparative Law

International Perspectives: Criminology explores how different legal systems

around the world address crime and justice, comparing practices and outcomes to
identify best practices and areas for improvement.