Chat with us, powered by LiveChat The Monday Musings? court group meets each Mond | WriteDen

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

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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

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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

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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

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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

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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

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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

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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

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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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