Origins of Crime

Question 1

What is the working definition of crime?

5 things…

Answer 1

1) Social set of rules
2) Written code everyone has access too
3) Influenced by people with power
4) Based on either
Historically held morals
The need to protect public safety
Or
Prevailing public sentiments
5) Lawbreaker faces state imposed sanction

Question 2

What questions must “we” ask in assembling criminal laws?

6 things…

Answer 2

1) Do WE want this illegal
2) Why do WE want this illegal
3) Are WE able and prepared to enforce
4) What punishment is appropriate
5) Are WE able and prepared to punish
6) Can WE draft a law which is understandable

Question 3

What are the 3 sources of criminal law?

Answer 3

1) Constitutions
2) Statutes
3) Court Cases (Common Law Jurisdictions)

Question 4

What is common law jurisdiction court cases?

Answer 4

Unwritten laws developed over time though court cases decided by judges.

Question 5

How do the various jurisdictional constitutions contribute towards laws?

Answer 5

Not a source of substantive law, but rather procedural law.

Question 6

How do the various jurisdictional statutes contribute towards law?

Answer 6

Primary source of laws

Question 7

What are the 3 historical balances which propelled criminal law?

Answer 7

1) Government’s interest
2) Citizen’s interest
3) The balance

Question 8

What is the governments interest in criminal law?

Answer 8

Typically in crime control or public safety

Question 9

What is the citizens interest in criminal law?

Answer 9

Typically to be free from unwanted intrusions into privacy

Question 10

What is the balance in criminal law?

Answer 10

Legislatures and courts weigh the interests metaphorically on a larger scale

Question 11

What are the 3 historical periods of criminal law?

Answer 11

1600s-1791
1791-1960s
1960s-Present

Question 12

How were laws seen during the 1600s-1791 ear?

Answer 12

Certain rights were “God Given” and the preservation of Judeo-Christian morality vs. Natural Law

Question 13

What was the punishment for violating law in the 1600-1791 era?

Answer 13

Torture and harsh public punishments

Question 14

How were laws seen during the 1791-1960 era?

Answer 14

Economic protection for upper class vs. procedural rights

Question 15

What was the punishment for violating law in the 1791-1960 era?

Answer 15

Prisons and the idea of penance evolved

Question 16

How are laws seen during the 1960s to present?

Answer 16

Crime control and police power vs. developing substantive rights such as privacy in procreation and marriage choices

Question 17

What are the punishments for violating law in the 1960s-present?

Answer 17

Prisons and alternative sentences developed and implemented

Question 18

What is Mala in Se?

Answer 18

Inherently Evil (i.e. murder/rape)

Question 19

What is Malum Prohibitum?

Answer 19

Bad only because they have been labeled.

These crimes we don’t all agree on and argue (i.e. marijuana and prostitution)

Question 20

What are the schemes for defining and categorizing crimes?

Answer 20

Mala in Se -Malum Prohibitum
Adult - Juvenile
Federal - State
FBI Index - Non Index
White collar, political, street, victimless, and organized
Felonies, misdemeanors, and ordinances