16 Questions
According to Tappan's definition, what is a crucial element in defining a crime?
The act must be intentional
What is the main limitation of Sutherland and Cressey's definition of crime?
It does not account for acts not prohibited by law
What is the fundamental idea behind the concept of crime being socially constructed?
Crime is brought into existence by society
What is an example of how higher authorities can define what is illegal?
Banning gang patches in public places
What is a limitation of considering only acts that have been adjudicated by courts as criminal?
It ignores criminal acts not detected by the state
What is the significance of the statement 'crime is brought into existence by society defining certain behaviour as illegal'?
It highlights the importance of societal definitions in creating crime
What is an example of how society collectively chooses what is criminal?
Cannabis laws being voted for
What is the implication of considering crime as socially constructed?
Crime is relative and varies across societies
What is a limitation of using incarceration rates to measure crime?
It does not account for criminals who have not been caught
What are official crime statistics used for?
To provide news headlines and inform political rhetoric
What is a limitation of using official crime statistics?
They do not account for unreported crime
What is an example of a type of crime in New Zealand?
Assault
What is the incarceration rate in Aotearoa per 100,000 people?
158 people in prison
What is a purpose of using crime rates?
To understand societal morality
What is a source of crime statistics?
Ministry of Justice
What do official crime statistics measure?
The number of crimes reported and recorded by the police
Study Notes
Definition of Crime
- Crime is an intentional act in violation of the criminal law, committed without defense or excuse, and penalized by the state as a felony or misdemeanor (Tappan, 1947)
- Crime is not a crime unless it is prohibited by criminal law, which is defined by public authority and applies uniformly to all members of society (Sutherland and Cressey, 1970)
- Crime is socially constructed, and there is no behavior or act that is inherently criminal
Limitations of the Definition
- Unintentional acts may not be considered criminal
- Criminal acts that are not detected and punished by the state may not be considered criminal
- People who have served their sentence may still be considered criminals
- Things considered criminal that are not prohibited by law may not be considered criminal
Social Construction of Crime
- Crime is brought into existence by society defining certain behavior as illegal
- Society identifies behavior as immoral or problematic and labels it as criminal
- The higher-ups in society can define what is criminal, even if it is not a collective vote
Measuring Crime
- Crime is a significant issue, often measured using legalistic definitions
- Official crime statistics are used to gauge the extent of the problem
- Sources of crime statistics include police, Department of Corrections, Ministry of Justice, Oranga Tamariki, and Department of Statistics
- Incarceration rates in New Zealand: 158 people in prison per 100,000
Official Crime Statistics
- Official crime statistics show details about crimes reported and recorded, including types of crimes, location, and time
- They do not measure the number of criminals
- They represent official levels of known crime, detected by, or reported to, the police
Crime Rates
- Crime rates rely on official crime statistics produced by the police
- Official crime statistics make the news headlines and feed political rhetoric
- Changes in crime rates can be influenced by factors such as reporting and policing practices
Explore the concept of crime, its legal definition, and the limitations of considering only court-adjudicated individuals as criminals. Discuss unintentional acts, undetected crimes, and the label of criminality beyond punishment.
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