《CRIME AND CRIMINOLOGY》

PART ONE Introduction to the Study of Crime1

1 Crime， The Criminal， and Criminology3

The Concept of CrimeHistorical Meaning of Crime4

Legal Definition of Crime5

Crime is an Intentional Act or Omission5

In Violation of Criminal Law9

Committed without Defense or Justification12

Sanctioned by the State as a Felony or Misdemeanor14

Judge or Jury as Final Determiners of a Crime15

Nonlegal Definitions of Crime16

Definition of Criminal17

Definition of Delinquency19

Meaning of Criminology21

Recommended Readings22

2 Concept and Purpose of Law24

The Nature of Law25

Flexibility25

Stability: The Principle of Stare Decisis26

Methods of Social Control Informal Social Control：Small， Cohesive Human Groups28

Need for Formal Social Control in Complex Human Societies28

Law as a Form of Social Control29

The Importance of Law30

The Limits of， Law31

Control of Morality by Law Debate over the Control of Morality by Law32

Relationship of Law， Sin， and Morality Historically33

Distinction Between Mala in se and Mala Prohibita Crimes Overcriminalization in the Law34

Criminalization of Crimes without Victims： Functional or Dygfunctional40

Definition of Victimless Crimes Laws Cannot Change Mores41

Functions of Laws Regulating Moral Behavior42

Dysfunctions of Laws Regulating Victimless Crimes43

Purposes of Criminal Law45

Recommended Readings46

3 Measurement of Crime in the United States47

The Uniform Crime Reports Categories of Crimes48

Extentof Crime in the United States Crime as Measured by the Uniform Crime Reports49

Crime as Measured by Anonymous Questionnaires50

Crime as Measured by Interviewing Techniques55

Demoaphic Characteristics of Persons Arrested for Crimes56

Sex58

Age Race59

Victims of Crime62

Analysis of Official Crime Statistics Reporting Methods72

Crimes Not Included in the Official Statistics74

New Perspectives75

Recommended Readings78

4 Research in Criminology79

Causation Meaning of Cause80

Legal Meaning of Cause81

Research Methods Longitudinal Studies82

Cross-Sectional Approach91

Armchair， or Theoretical， Approach92

Purpose and Nature of Scientific Research93

Fact and Theory Concepts93

Errors in Methodology Definition of Terms94

Sampling Errors Lack of Control Groups96

Lack of Follow-up Studies97

Logic-of-Science Errors Dualisticfallacy99

Ability of the Theory to Identify the Crime Predictability99

PART TWO Theories of Criminal Behavior101

5 Classical， Neoclassical， and Positive Theories103

Historical Background of Punishment and Criminal Law104

Conditions in France105

Conditions in England106

Classical School Cesare Beccaria107

Jeremy Bentham110

Principle of Utilitarianism111

Neoclassical School113

Positive School114

Cesare Lombroso115

Raffaele Garofalo121

Enrico Ferri125

Comparison of the Classical and Positive Schools128

6 Physiological， Psychiatric， and Psychological Theories130

Physiological Theories Phrenology131

Endocrinology132

Class-Linked Social and Environmental Factors and Physiological Differences Theories of Ernest Albert Hooton133

Heredity Theories136

Body Type Theories143

Biopsychosocial Theories147

Other Theories Evaluation of the Physiological School149

Psychiatric and Psychological Theories150

Historical Background151

Psychiatric Approach152

So io athic Personality161

Evaluthe Physiological， Psychiatric， and Psychological Theories164

Legal Reactions to Physiological， Psychiatric， and Psychological Theories165

Sterilization Laws166

Sexual Psychopath Laws168

Insanity Plea Defense169

Recommended Readings171

7 Sociological Theories of Causation: Social Structural Theories172

Economic Conditions and Crime173

Contributions of Emile Durkheim175

RobertMerton’s Theory of Anomie176

Modes of Adaptation177

Evaluation of Merton’s Theory180

Subculture Theories181

Thrasher’s Study of the Gang Coheh’s Middle Class Measuring Rod181

Matza’s Theory of Delinquency and Drift Sykes and Matza’s Techniques of Neutralization184

Cloward and Ohlin’s Theory of Differential Opportunity186

Miller’s Lower Class Boy and Lower Class Culture189

Evaluation of Subculture Theories190

Ecological Theories191

Evaluation of the Ecological School192

Culture Conflict Theory194

Evaluation of Culture Conflict Theo195

Racial Theories196

Home Environment and Crime197

Modern Conflict Theories199

Conflict and Functionalist Theories Compared200

Conflict over Power and Authority201

Contributions of Richard Quinney to Conflict Theo202

Evaluation of Conflict Theories203

Other Social Structure Theories Evaluation of Social Structural Theories205

Recommended Readings207

8 Sociological Theories of Criminal Behavior: Social Process Theories208

Gabriel Tarde209

Theory of Imitation210

Edwin H.Sutherland Theory of Differential Association211

White-Collar Crime217

Self-Concept and Containment Theory227

Evaluation of the Self-Concept and Containment Theo229

Labeling Theory231

Empirical Evidence234

Evaluation of Labeling Theory235

Evaluation of Social Process Theories Conclusion to Sociological Theories238

LegalSocial Control Perspective240

Criminal Behavior Systems241

Behavior Systems in General242

The Development of Deviant Careers243

A Typology of Criminal Behavior Systems244

Characteristics of Criminal Behavior Systems248

Recommended Readings251

PART THREE The Criminal Justice System253

9 Overview of the Criminal Justice System255

Stages in the Criminal Justice System Investigation Prior to Arrest Booking Initial Appearance256

Preliminary Hearing Information Grand Jury Indictment Arraignment257

Reduction of Charge System and Process260

Concepts of American Criminal Justice The Adversary System versus the Inquisitorial System261

Disadvantages266

Due Process and the Rights of the Defendant269

Analysis of the System of Criminal Justice289

Sociology of Law290

The Poor and the Legal System298

Minorities and the System of Criminal Justice300

Recommended Readings303

10 The Police305

History of the Police System307

Profile of the Role of Police The Policeman as Law Enforcer308

Allocation of Police Time311

Background and Characteristics312

Role Conflicts314

“Judicial Leniency” as Seen by the Police Police Discretion321

Police Physical Violence and Brutality324

Politicization of the Police and the Need for External Control328

Suggestions for Improving the Police Force Training， Education， and Salaries330

Reorganize the Police Role336

Redesign the Job of Patrolman337

Recommended Readings342

11 Detention and Short-Term Treatment343

The Bail System History344

Purpose of Bail346

Effect of the Bail System on the Defendant348

Bail Reform351

Pretrial Detention354

Jails History of Jails358

Organization and Use of Jails360

“Modern”Jails in the United States361

1972 Survey of Jails365

Federal Court Findings on Jail Conditions367

Suggestions for Improving Jails372

Alternatives to Jail373

Recommended Readings374

12 The Role of Lawyers and Judges375

Historical Role of the Lawyer376

Legal Education377

Legal Ethics and the Formal Control of Lawyers378

Organizational Structure of the Legal Practice380

Prosecution and Defense Prosecuting Attorney382

Defense Attorney386

Defender and Prosecutor： A Case of Accommodation？391

Judges Judicial Training394

Selection of Judges396

Judicial Decision Making Process398

Hogarth’s Study of Sentencing402

Sentencing Process405

Types of Sentences406

Who Should Sentence407

Sentencing Disparity415

Recommended Readings421

13 The Court System423

Criminal Court System Legal Terms and Concepts424

Process of Judicial Review426

The Dual Court System427

Lower Courts428

United States Supreme Court440

Juvenile Court448

Background and History449

The Philosophy of the Juvenile Court450

Reality of the Juvenile Court453

Impact of Gault upon Juvenile Court Philosophy458

Recommendations for Change461

Recommended Readings463

PART FOUR Social Reaction to Crime: Corrections465

14 Punishment467

Corporal Punishment Historically Mutilation and Branding468

Ducking Stool Psychological Punishment and Social Disgrace469

Exile and Banishment Transportation470

Flogging471

Capital Punishment Historical Overview473

Statistics on Capital Punishment Methods of Capital Punishment476

Death Penalty Debate480

Justifications for Punishment492

Incapacitation494

Reparation Maintenance of Social Solidarity495

Retribution496

Individual Deterrence General Deterrence499

Differential Implementation of Punishment Theories of Punishment504

Cultural Consistency Psychoanalytic Theory Social Structure Theories505

How Much Punishment：A Debate506

Cruel and Unusual Punishment507

Recommended Readings510

15 Prison: The Alternative to CorPoral Punishment512

Historical Development513

John Howard: The Great Prison Reformer514

Emergence of the Penitentiarv in America The Development of the Pennsylvania System515

Development of the Auburn System517

Comparison of the Pennsylvania and Auburn Systems518

Emergence of the Reformatory System519

Prison Architectur Historical Overvlew520

Penal Philosophies Reflected in Prison Architecture523

Brief Look at the “Modern” American Prison528

Prison as an Alternative to Corporal Punishment530

Arkansas Prison System531

Noncorporal Punishments534

Prison Riots537

Recommended Readings548

16 The Modern Prison: Progress Toward Treatment and Rehabilitation549

Typology of Treatment Forms550

Psychological Therapies551

Environmental Therapy557

Examples of Prison Treatment Programs ROARE559

The Washington Program560

Adjuncts to Prison Treatment Programs Prison Administration561

Functions of Prison Personnel562

Guard-Inmate Relationships563

Improvement of Guard-Inmate Relationships564

Classification568

Types of Systems570

Ideal System572

Contribution of Classification573

Prison Education Academic Programs574

Vocational Training：Prison Labor and Indust578

Work Release and Furlough Programs582

Advantages Disadvantages584

Release Procedures Historical Overview585

Prerelease Programs586

Recommended Readings589

17 The Prison Community591

Inmate Social System: Male Prison Community592

Inmate Codes593

The System as an Agency of Social Control595

Forms of Social Control596

Socialization into the System600

Social Roles600

Female Prison Community606

Contrast with Male Prison Community607

Sexual Problems609

Homosexuality610

Conjugal Visits614

Furloughs619

Recommended Readings621

18 Alternatives to Confinement622

Probation and Parole Historical Overview623

Use of Probation and Parole624

Organization of Probation625

Organization of Parole626

Services Provided for the Probationer and Parolee628

Parole and Probation Officers629

Conditions of Probation and Parole630

Evaluation of Probation and Parole633

Suggestions for Reducing Recidivism637

Granting of Parole and Probation639

Revocation of Probation and Parole644

Shock Probation and Shock Parole647

Community Treatment Programs Guided Group Interaction Programs649

Foster and Group Homes651

Halfway Programs: Prerelease Guidance Center653

Intensive Community Treatment654

Reception Center Parole655

Other Programs656

Examples of Community Programs657

Detoxifiication and Diagnostic Center658

Recommended Readings662

19 Constitutional Rights of Prisoners664

Hierarchy of Rights665

Visitation Privileges666

Visitation Rights with the Press667

Right to the Use of the Mails668

PrisonDiscipline Use of Force Corporal Punishment671

Solitary Confinement672

Disciplinary Hearing675

Medical Treatment677

Right to Medical Treatment678

Constitutional Right to Treatment680

Right Not to be Treated682

Right of Access to the Courts683

Recommended Readings685

20 Reformation of the Criminal and the Prison: Some Problems687

Recidivism688

Measuring Recidwism Rates690

Comparing Studies pf Recidivism Rates691

Prediction692

History of Prediction Tables693

Requirements of Pre iction Tables The Gluecks’ Prediction Scale694

Other Prediction Tables695

Correctional Research Administrative and Treatment Personnel Attitudes696

Isolating the Treatment Variable697

Defiining “Success”698

Role of the Evaluation Researcher Methodology699

Evaluation of a Specific Treatment Program700

Prison Reform Obstacles704

Means705

Federal Prison System711

European Prison Systems Denmark712

Finland The Netherlands Sweden713

Future of Corrections715

Recommended Readings717

Index719