CSS 242 Measurements and Patterns of Crime and Delinquency Course Guide PDF

NATIONAL OPEN UNIVERSITY OF NIGERIA SCHOOL OF ARTS AND SOCIAL SCIENCE COURSE CODE: CSS242 COURSE TITLE: MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY CSS242 COURSE GUIDE COURSE GUIDE CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY Course Team Mr. Dennis Onome Edewor (Developer/Writer) -UI Dr. Niyi Adegoke (Editor/Coordinator) - NOUN Dr. N. Nwabueze (Programme Leader) - NOUN NATIONAL OPEN UNIVERSITY OF NIGERIA ii CSS242 COURSE GUIDE National Open University of Nigeria Headquarters 14/16 Ahmadu Bello Way Victoria Island Lagos Abuja Office No. 5 Dar es Salaam Street Off Aminu Kano Crescent Wuse II, Abuja Nigeria e-mail: [email protected] URL: www.nou.edu.ng Published By: National Open University of Nigeria First Printed 2012 ISBN: 978-058-215-0 All Rights Reserved iii CSS242 COURSE GUIDE CONTENTS PAGE Introduction ………………………………………………..……..… 1 Course Aims …………………………………………….………...... 1 Course Objectives ………………………………………….……….. 1 Working through This Course ……………..…………….………… 2 Course Materials ………………………………………………….… 2 Study Units………………………………………………………..… 2 Textbooks and References …………………………………………. 3 Assessment File ….……………………………………………….… 3 Tutor-Marked Assignments (TMAs)……………………….….…… 3 Final Examination and Grading ………………………………......... 4 Course Marking Scheme ………………………………………….… 4 Course Overview/Presentation Schedule ………………….……… 4 How to Get the Most from This Course …………………….……… 6 Facilitators/Tutors and Tutorials …………………………………… 7 Summary ………………………………………………………….… 8 iv Introduction Welcome to CSS242: Measurements and Patterns of Crime and Delinquency. This course is a three-credit unit course for undergraduate students in the arts and social sciences. The materials have been developed with the Nigerian context in view. This Course Guide gives you an overview of the course. It also provides you with information on the organisation and requirements of the course. Course Aims The aims are to help you to understand the patterns of crime in the society. Also to help you gain better understanding of how crime is measured. These broad aims will be achieved by: 1. introducing you to past and present trends of crime in the society, 2. expatiate on the techniques for measuring crime and delinquency and 3. examining the patterns of crime and delinquency in Nigeria. Course Objectives To achieve the aims set out above, CSS242 has overall objectives. In addition, each unit also has specific objectives. The unit objectives are at the beginning of each unit. I advise that you read them before you start working through the unit. You may want to refer to them during your study of the unit to check your progress). Here are the wider objectives for the course as a whole. By meeting the objectives, you count yourself as having met the aims of the course. On successful completion of the course, you should be able to:  define what crime and delinquency is  identify the place of crime and delinquency in the society  discover the causal factors responsible for crime and delinquency  explain the typology of crime and delinquency  identify the personnel and institutions that play a role in crime and delinquency  differentiate between crime and delinquency  explain how crime and delinquency is measured in the society  enumerate the patterns of crime and delinquency in the society  discuss the shortcomings of measuring crime and delinquency  discuss the trend of crime and delinquency in pre-colonial, colonial and post-colonial Nigeria. CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY Working through This Course To complete the course, you are required to read the study units and other related materials. You will also need to undertake practical exercises for which you need a pen, a note – book, and other materials that will be listed in this guide. The exercises are to aid you in understanding the concepts being presented. At the end of each unit, you will be required to submit written assignments for assessment purposes. At the end of the course, you will write a final examination. Course Materials The major materials you will need for this course are: (i) Course guide. (ii) Study units. (iii) Assignments file. (iv) Relevant textbooks including the ones listed under each unit (v) You may also need to visit the varied arms of the criminal justice system. (vi) As a beginner, you need to read newspapers and interact with other mass media as often as possible. Study Units There are 25 units (of five modules) in this course. They are listed below: Module 1 Crime and Society Unit 1 Defining Crime Unit 2 History of Crime Unit 3 Theories of Crime Unit 4 Classification of Crime Unit 5 Impact of Crime Module 2 Delinquency and Society Units 1 Delinquency Defined Units 2 Causes of Delinquency Units 3 Theories of Delinquency Units 4 Type of Delinquency Units 5 Impact of Delinquency ii CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY Module 3 Measurement of Crime and Delinquency Unit 1 Measuring Crime and Delinquency Unit 2 Victims Report method Unit 3 Police Report/Administrative Data Method Unit 4 Self Report Method Unit 5 Improving Crime Measurement in the Nigerian State Module 4 Patterns and Trends of Crime in Nigeria Unit 1 Patterns of Property Crime in Nigeria Unit 2 Patterns of Person Crime in Nigeria Unit 3 Patterns of Fiscal Crime in Nigeria Unit 4 Patterns of Terroristic Crime in Nigeria Unit 5 Patterns of Trafficking Crime in Nigeria Module 5 Patterns and Trends of Delinquency in Nigeria Unit 1 Patterns of Government Political Crime in Nigeria Unit 2 Patterns of Physical Body Crime in Nigeria Unit 3 Patterns of School Oriented Delinquency in Nigeria Unit 4 Patterns of Crime Oriented Delinquency in Nigeria Unit 5 Patterns of Antisocial Delinquency in Nigeria Textbooks and References Certain books have been recommended in the course. You may wish to purchase them for further reading. Assessment File An assessment file and a marking scheme will be made available to you. In the assessment file, you will find details of the works you must submit to your tutor for marking. There are two aspects of the assessment of this course; the Tutor-Marked Assignment (TMA) and the written examination. The marks you obtain in these two areas will make up your final marks. The assignment must be submitted to your tutor for formal assessment in accordance with the deadline stated in the presentation schedule and the Assignment file. The work you submit to your tutor for assessment will count for 30% of your total score. Tutor-Marked Assignments (TMAs) You will have to submit a specified number of the Tutor-Marked Assignments (TMAs). Every unit in this course has a TMA. You will be assessed on four of them but the best three performances will be used for your grading. When you have completed each assignment, send it iii CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY together with a TMA form, to your tutor. Make sure each assignment reaches your tutor on or before the deadline for submissions. If for any reason, you cannot complete your work on time, contact your tutor for a discussion on the possibility of an extension. Extensions will not be granted after the due date unless in exceptional circumstances. Final Examination and Grading The final examination will be a test of three hours. All areas of the course will be examined. Find time to read the unit all over before your examination. The final examination will attract 70% of the total course grade. The examination will consist of questions, which reflects the kinds of self- assessment exercises and TMA you have previously encountered. And all aspects of the course will be assessed. You should use the time between completing the last unit, and taking the examination to revise the entire course. Course Marking Scheme The following table lays out how the actual course mark allocation is broken down. Assessment Marks Assignments (Best Three Assignments out of = 30% Four marked) Final Examination = 70% Total = 100% Presentation Scheme The dates for submission of all assignments will be communicated to you. You will also be told the date of completing the study units and dates for examinations. Course Overview and Presentation Schedule Unit Title of work Weeks Activity Course Guide Module 1 Crime and Society 1 Crime Defined Week 1 Assignment 1 2 History of Crime Week 1 Assignment 2 3 Theories of Crime Week 2 Assignment 3 4 Classification of Crime Week 2 Assignment 4 5 Impact of Crime Week 3 Assignment 5 iv CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY Module 2 Delinquency and Society 1 Delinquency Defined Week 4 Assignment 1 2 Causes of Delinquency Week 4 Assignment 2 3 Theories of Delinquency Week 5 Assignment 3 4 Type of Delinquency Week 6 Assignment 4 5 Impact of Delinquency Week 7 Assignment 5 Module 3 Measurement of Crime and Delinquency 1 Measuring Crime and Delinquency Week 7 Assignment 1 2 Victim Report Method Week 8 Assignment 2 3 Police Report/Administrative Data Week 8 Assignment 3 Method 4 Self Report Method Week 9 Assignment 4 5 Improving Crime Measurement in Week 9 Assignment 5 the Nigerian State. Module 4 Patterns and Trends of Crime 1 Patterns of Property Crime in Week 10 Assignment 1 Nigeria 2 Patterns of Person Crime in Week 10 Assignment 2 Nigeria 3 Patterns of Fiscal Crime in Nigeria Week 11 Assignment 3 4 Patterns of Terroristic Crime in Week 11 Assignment 4 Nigeria 5 Patterns of Trafficking Crime in Week 12 Assignment 5 Nigeria Module 5 Patterns and Trends of Delinquency 1 Patterns of Government Political Week 12 Assignment 1 Crime in Nigeria 2 Patterns of Physical Body Crime in Week 13 Assignment 2 Nigeria 3 Patterns of School Oriented Week 13 Assignment 3 Delinquency in Nigeria 4 Patterns of Crime oriented Week 14 Assignment 4 Delinquency in Nigeria 5 Patterns of Antisocial Delinquency Week 14 Assignment 5 in Nigeria Revision 15 Examination 16 Total 17 v CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY How to Get the Most from This Course In distance learning, the study units replace the university lecture. This is one of the great advantages of distance learning; you can read and work through specially designed study materials at your own pace, and at a time and place that suits you best. Think of it as reading the lecture instead of listening to the lecturer. In the same way a lecturer might give you some reading to do, the study units tell you where to read, and which are your text materials or set books. You are provided exercises to do at appropriate points, just as a lecturer might give you an in-class exercise. Each of the study units follows a common format. The first item is an introduction to the subject matter of the unit, and how a particular unit is integrated with the other units and the course as a whole. Next to this is a set of learning objectives. These objectives let you know what you should be able to do by the time you have completed the unit. These learning objectives are meant to guide your study. The moment a unit is finished, you must go back and check whether you have achieved the objectives. If this is made a habit, then you will significantly improve your chances of passing the course. The main body of the unit guides you through the required reading from other sources. This will usually be either from your set books or from a Reading section. The following is a practical strategy for working through the course. if you run into any trouble, telephone your tutor. Remember that your tutor’s job is to help you. When you need assistance, do not hesitate to call and ask your tutor to provide it. 1. Read this Course Guide thoroughly, it is your first assignment. 2. Organise a Study Schedule. Design a ‘Course Overview’ to guide you through the Course. Note the time you are expected to spend on each unit and how the Assignments relate to the units. Whatever method you choose to use, you should decide on and write in your own dates and schedule of work for each unit. 3. Once you have created your own study schedule, do everything to stay faithful to it. The major reason why students fail is that they get behind with their course work. If you get into difficulties with your schedule, please, let your tutor know before it is too late to help. 4. Turn to Unit I, and read the introduction and the objectives for the unit. 5. Assemble the study materials. You will need your set books and the unit you are studying at any point in time. As you work through the unit, you will know what sources to consult for further information. 6. Keep in touch with your study centre. Up-to-date course information will be continuously available there. vi CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY 7. Well before the relevant due dates (about 4 weeks before due dates), keep in mind that you will learn a lot by doing the assignment carefully. They have been designed to help you meet the objectives of the course and, therefore, will help you pass the examination. Submit all assignments not later than the due date. 8. Review the objectives for each study unit to confirm that you have achieved them. If you feel unsure about any of the objectives, review the study materials or consult your tutor. 9. When you are confident that you have achieved a unit’s objectives, you can start on the next unit. Proceed unit by unit through the course and try to pace your study so that you keep yourself on schedule. 10. When you have submitted an assignment to your tutor for marking, do not wait for its return before starting on the next unit. Keep to your schedule. When the assignment is returned, pay particular attention to your tutor’s comments, both on the tutor- marked assignment form and also the written comments on the ordinary assignments. 11. After completing the last unit, review the course and prepare yourself for the final examination. Check that you have achieved the unit objectives (listed at the beginning of each unit) and the course objectives (listed in the Courses Guide). Facilitators/Tutors and Tutorials Information relating to the tutorials will be provided at the appropriate time. Your tutor will mark and comment on your assignments, keep a close watch on your progress and on any difficulties you might encounter and provide assistance to you during the course. you must take your tutor-marked assignments to the study centre well before the due date (at least two working days are required). They will be marked by your tutor and returned to you as soon as possible. Do not hesitate to contact your tutor if you need help. Contact your tutor if:  You do not understand any part of the study units or the assigned readings  You have difficulty with the exercises  You have a question or problem with an assignment or with your tutor’s comments on an assignment or with the grading of an assignment. You should try your best to attend the tutorials. This is the only chance to have face-to-face contact with your tutor and ask questions which are answered instantly. You can raise any problem encountered in the vii CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY course of your study. To gain the maximum benefit from course tutorials, prepare a question list before attending them. You will learn a lot from participating in discussion actively. Summary The course guide gives you an overview of what to expect in the course of this study. The course teaches you the basic principles of news reporting and writing, and how these principles can be applied. It also acquaints you with the legal and ethical rules guiding your job as a reporter. We wish you success with the course and hope that you will find it both interesting and useful. viii CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY Course Code CSS242 Course Title Measurements and Patterns of Crime and Delinquency Course Team Mr. Dennis Onome Edewor (Developer/Writer) -UI Dr. Niyi Adegoke (Editor/Coordinator) - NOUN Dr. N. Nwabueze (Programme Leader) - NOUN NATIONAL OPEN UNIVERSITY OF NIGERIA ix CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY National Open University of Nigeria Headquarters 14/16 Ahmadu Bello Way Victoria Island Lagos Abuja Office No. 5 Dar es Salaam Street Off Aminu Kano Crescent Wuse II, Abuja Nigeria e-mail: [email protected] URL: www.nou.edu.ng Published By: National Open University of Nigeria First Printed 2012 ISBN: 978-058-215-0 All Rights Reserved x CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY CONTENTS PAGE Module 1 Crime and Society…………………………...…….… 1 Unit 1 Defining Crime …………………………..………….. 1 Unit 2 History of Crime…………………………...………… 12 Unit 3 Theories of Crime………………………….……..….. 22 Unit 4 Classification of Crime………………………………. 28 Unit 5 Impact of Crime ……………………………………… 36 Module 2 Delinquency and Society …………………..………. 46 Units 1 Delinquency Defined…………………………..……. 46 Units 2 Causes of Delinquency……………….…………..….. 52 Units 3 Theories of Delinquency…………….…………..…... 60 Units 4 Type of Delinquency…………………….…..………. 65 Units 5 Impact of Delinquency……………………...……….. 76 Module 3 Measurement of Crime and Delinquency ………… 87 Unit 1 Measuring Crime and Delinquency……………..…… 87 Unit 2 Victims Report Method……………………………….. 98 Unit 3 Police Report/Administrative Data Method ……….... 109 Unit 4 Self Report Method………………………………….. 115 Unit 5 Improving Crime Measurement in the Nigerian State...126 Module 4 Patterns and Trends of Crime in Nigeria …………. 135 Unit 1 Patterns of Property Crime in Nigeria………………. 135 Unit 2 Patterns of Person Crime in Nigeria…………………. 148 Unit 3 Patterns of Fiscal Crime in Nigeria……….................. 162 Unit 4 Patterns of Terroristic Crime in Nigeria……….……. 175 Unit 5 Patterns of Trafficking Crime in Nigeria…………….. 184 Module 5 Patterns and Trends of Delinquency in Nigeria….. 192 Unit 1 Patterns of Government Political Crime in Nigeria…. 192 Unit 2 Patterns of Physical Body Crime in Nigeria…………. 203 Unit 3 Patterns of School Oriented Delinquency in Nigeria …212 Unit 4 Patterns of Crime Oriented Delinquency in Nigeria… 220 Unit 5 Patterns of Antisocial Delinquency in Nigeria……… 227 xi CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY MODULE 1 CRIME AND SOCIETY Unit 1 Defining Crime Unit 2 History of Crime Unit 3 Theories of Crime Unit 4 Classification of Crime Unit 5 Impact of Crime UNIT 1 DEFINING CRIME CONTENTS 1.0 Introduction 2.0 Objectives 3.0 Main Content 3.1 Crime 3.2 What is Crime? 3.3 Complexity of Defining Crime 4.0 Conclusion 5.0 Summary 6.0 Tutor-Marked Assignment 7.0 References/Further Reading 1.0 INTRODUCTION Crime has been and will continue to be a crucial issue in the affairs of Homo sapiens. In human society, crime has existed since the days of yore to plague human beings in form of threatening their lives and their properties. The constantly touted phraseology “threat to lives and property” is a pointer to the fact that crime is a dangerous phenomenon which should be properly studied to understand what crime is and its place in human society. In this unit, we are going to critically examine the rudiments of the “WHAT” of crime. After this, the nitty-gritty of how crime evolved and the WHERE of crime will be investigated thoroughly. 2.0 OBJECTIVES At the end of this unit, you should be able to:  define the term, crime  identify the intricacies of crimes  use crime concepts and terminologies  explain the reasons why crime exists in the human society. 12 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY 3.0 MAIN CONTENT 3.1 Nature and Place of Crime in Human Society Crime is the breach of a rule or law for which a punishment may ultimately be prescribed by some governing authority or force. The word crime originates from the Latin word, crimen (genitive criminis), from the Latin root, cernō and Greek κρινω = "I judge". Originally it meant "charge (in law), guilt, accusation." Informal relationships and sanctions have been deemed insufficient to create and maintain a desired social order, resulting in formalised systems of social control by the government, or the State. With the institutional and legal machinery at their disposal, agents of the State are able to compel individuals to conform to behavioural codes and punish those that do not. Various mechanisms are employed to regulate behaviour, including rules codified into laws, policing people to ensure they comply with those laws, and other policies and practices designed to prevent crime. Remedies and sanctions constitute a criminal justice system. Not all breaches of the law however, are considered crimes, for example, breaches of contract and other civil law offenses. The label of "crime" and the accompanying social stigma are normally reserved for those activities that are injurious to the general population or the State, including some that cause serious loss or damage to individuals. The label is intended to assert a hegemony of a dominant population, or to reflect a consensus of condemnation for the identified behavior and to justify a punishment imposed by the State, in the event that an accused person is tried and convicted of a crime. The term "crime" can also technically refer to the use of criminal law to regulate minor infractions, such as traffic violations. Usually, the perpetrator of the crime is a natural person, but in some jurisdictions and in some moral environments, legal persons are also considered to have the capability of committing crimes. The State also commonly commits crimes, although this is underrepresented in the justice system. From the legal point of view, a crime has not been committed unless all seven of the following elements are present. These are Harm, Legality, Actus reus, Mens rea, Causation, Concurrence, and Punishment. Let us look at each of these elements one after the other. 13 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY 1. Harm For crime to occur, there must be an external consequence, or harm. The harm may be physical or verbal. For example, if someone punches another individual without reasonable legal cause, then it is considered physical harm. If a person threatens to beat up or kill another person, whether or not the threat is carried out, is verbal harm. Also, if a person slanders or bears false witness against another individual that dishonours or injures him/her, it is considered harm. The question that readily comes to mind is whether the legal element of harm is present in all crimes. For instance, if one examines victimless offences such as prostitution, gambling, marijuana use, one may believe that engaging in these acts has an element of agreement and consent. The participants may not see their habits as acts of harm perpetrated in the society. However, the family of the participants and the moral fabric of the society are jeopardized by such behaviour (Bohn & Haley, 2002). 2. Legality Legality has two aspects. First, the harm must be legally forbidden for an act to be a crime. For example, robbing other citizens while armed is against the law in Nigeria. If caught, it is generally agreed that the individual has committed a crime and should be dealt with accordingly. This means that the individual has committed a crime from the view point of legality. The second aspect is that the criminal law must not be retroactive or ex post facto. This can be seen in three ways:  Declaring an act that was not illegal when it was committed as a criminal act.  Increasing the punishment for a crime after it is committed.  Altering the rules or evidences in a particular case after the crime is committed. Out of these two aspects, the first is the most common. 3 Actus Reus This is a Latin word, which refers to criminal action or inaction that causes harm. If individuals do not act in situations where the law requires them to act, then they are legally committing a crime. We can therefore say that actus reus is the physical element of the guilty act, and it requires proof. Where there is no actus reus, there is no crime. This includes all the elements in the definition of the crime, with the exception of the mental element. Actus reus can also be seen to be made 14 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY up of the conduct, its consequences and the circumstances in which the conduct takes place. 4. Mens rea This is a Latin word that refers to a criminal intent or a guilty state of mind. It is the mental aspect of a crime. Here, criminal conduct is limited to intentional, premeditated or purposeful action or inaction and not accidents or mistakes of omission and commission. For example, If one individual slaps another and the assaulted party does not retaliate immediately, but allowed a significant period (1-2 days) to pass before retaliating with a slap; such an action will be viewed as intentional and purposeful. As such, the individual will be criminally responsible for the outcome of his/her action. This is what is regarded as mens rea. The case would have been different if the offended party had retaliated immediately; thus making it an act of provocation or self-defence. If an individual kills another in self defence, instead of being charged with murder in the court of law, the individual will be charged with manslaughter to reduce the punishment because of the circumstances surrounding the killing. This is because the individual is less criminally responsible. One thing to be borne in mind is that mens rea is not required for all crimes. This is because, to demonstrate mens rea, it must be proved that an individual intentionally behaved in a given manner or caused a given result. The following factors would negate criminal responsibility. Duress If a person did not want to commit crime but was forced or coerced to do so against his or her will, he or she committed the crime under duress and is generally excluded from criminal liability. For example, if a group of armed robbers compelled another person to drive them to where they want to rob a bank with a gun pointing at his head, if he did and in the process is caught along with them; he is not to be held criminally responsible, because he acted under duress. Under-age This is another legal excuse or defence against criminal responsibility. The age at which a person is considered legally responsible for his or her actions, varies by jurisdiction. In most countries of the world, children less than 18 years are not considered entirely responsible for their 15 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY criminal acts. It is assumed that their capacity to form mens rea is not fully developed. As a result, a special category of offence called juvenile delinquency has been created for those children. Insanity Insanity is the third legal defence or legal excuse from criminal responsibility. Insanity is a legal term, not a medical one. Insanity simply means mental or psychological impairment or retardation. The argument here is that an insanity defence rests on the assumption that someone who is insane at the time of a crime lacks the capacity, or has diminished capacity, to act in a premeditated manner. In this case, it is expected that the person should not be held responsible or should be held less responsible for a given crime. Self-Defence Self-defence is a situation where people are relieved of criminal responsibility. This is because they have only acted in defence of their person or property. But you must use only the amount of force reasonably necessary to defend yourself or others against an apparent threat of unlawful and immediate violence. The reason why people are not held legally responsible for acting in self defence or in defence of a third party, is that, due to extenuating circumstances, they do not act with mens rea (Bohn & Haley, 2002) Entrapment This is a situation where people are generally considered either not responsible or less responsible for their crimes if they were trapped or induced into committing them, by a law enforcement officer or by someone acting as an agent of Law Enforcement. Necessity The final legal defence or legal excuse from criminal responsibility is necessity. A necessity defence can be used when a crime has been committed to prevent a greater or more serious crime. Necessity defence has been evoked occasionally, especially in cases of “Law enforcement brutality”. For example, if innocent civilians die in the course of maintenance of law and order by law enforcement agents, such law- enforcement agents can be made to be less responsible for the crime of killing them as it was done in the process of discharging their duty. As such, they will not be criminally responsible. 16 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY 5. Causation This is a process where the criminal act must lead directly to harm without a long delay. It is a causal relationship between the legally forbidden harm and the actus reus. The purpose of the requirement of causation is to prevent people from facing the threat of criminal charges for the rest of their lives. When the cause of a crime is known, it makes it possible to understand the intricacies surrounding its commission. 6. Concurrence For any act to be considered crime there must be concurrence between actus reus and mens rea. In other words, the criminal conduct and the criminal intent must occur together. For example, if you invite a plumber to your house to repair your water closet, and that plumber on his way out, picks your property (mobile phone/silverware) and leaves. In this situation, you cannot accuse the plumber of being guilty of entering your house illegally (trespass), because that was not his initial intention. However, the plumber can be found guilty of stealing the mobile phone. 7. Punishment This is the last of the ideal legal elements of crime. For any behaviour to be considered a crime there must be a statutory provision for a punishment or at least the threat of punishment. The threat of punishment and actual punishment is usually directed at crime and illegal acts and not innocent behaviour. SELF-ASSESSMENT EXERCISE 1 Explain the term crime in your own words. 3.2 Definition of Crime A normative definition views crime as deviant behavior that violates prevailing norms, specifically, cultural standards prescribing how humans ought to behave. This approach considers the complex realities surrounding the concept of crime and seeks to understand how changing social, political, psychological, and economic conditions may affect the current definitions of crime and the form of the legal, law enforcement, and penal responses made by the State. These structural realities are fluid and often contentious. For example, as cultures change and the political environment shifts, behavior may be criminalised or decriminalised, which will directly affect the statistical crime rates, 17 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY determine the allocation of resources for the enforcement of such laws, and influence the general public opinion. Similarly, changes in the way that crime data are collected and/or calculated may affect the public perceptions of the extent of any given "crime problem". All such adjustments to crime statistics, allied with the experience of people in their everyday lives, shape attitudes on the extent to which law should be used to enforce any particular social norm. There are many ways in which behaviour can be controlled without having to resort to the criminal justice system. Indeed, in those cases where there is no clear consensus on the given norm, the use of criminal law by the group in power to prohibit the behaviour of another group may be considered an improper limitation of the second group's freedom, and the ordinary members of society may lose some of their respect for the law in general whether the disputed law is actively enforced or not. Laws that define crimes which violate social norms are set by legislatures, and are called mala prohibita. These laws vary from time to time and place to place, such as gambling laws. Other crimes, called mala in se, are nearly universally outlawed, such as murder, theft and rape. SELF-ASSESSMENT EXERCISE 2 Discuss the various definitions of crime. 3.3 Complexity in Defining Crime Why is crime so difficult to define? This is a surprisingly difficult question to answer. What constitutes crime varies from culture to culture, and from time to time. Criminals have been various things to different people throughout time. They have variously been seen as heroes, villains, fools, revolutionaries, deviants, scumbags etc. However, criminologists try to be scientifically objective and open-minded, rather than succumb to popular definitions. It's an important part of what makes criminology a science (other than its research and research methods). Some people regard the definitional problem as the most important task in criminology. Here's a list of some of the most common definitional approaches:  Legalistic: In this view, crime is defined as behavior that violates the criminal code. Although this isn't suitable for criminologists of the criminal law (who take law as problematic), it's by far the most common approach in criminology, and it makes the field 18 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY inherently conservative. It's associated with the arguments made in 1947 by Paul Tappan ("Who is the Criminal?" American Sociological Review 12, 1, 1, 96-102) who was responding to a challenge thrown down by the famous philosopher Mortimer Adler. The legalistic approach in criminology believes in the same principles of criminal law (culpability or criminal intent, mala in se versus mala prohibita, and responsibility or justifications and excuses).  Conduct norms: In this view, popularised by a 1938 book written by Thorstein Sellin (pronounced "cell-eene") (Culture Conflict and Crime, NY: Social Science Research Council), crime is just one form of conduct norm violations. Every group one belongs to, regardless of political boundaries, regardless of embodiment in law, has conduct norms. Norms are the unspoken rules of right (normal) and wrong (abnormal) that are contained in custom, tradition, ethics, religion, family, and other social institutions. The importance of the Sellin definition is that it frees criminologists as scientists to define their own subject matter.  Social harm: This view is most closely associated with Sutherland's interests in white collar crime (1949, White Collar Crime, New Haven, Yale Univ. Press) although there are other influences. To Sutherland (and to most criminologists), it is clearly unfair that white collar criminals get off with civil fines rather than criminal punishments. Corporations that pollute the environment have to pay a million dollar penalty (nothing more than a slap on the wrist to them) while someone who shares a marijuana cigarette with a friend gets 6 years in prison for trafficking (quite a lengthy restriction of liberty). Criminologists adhering to this sense of unfairness tend to believe that crime is any socially harmful act or analogous social injury, whether legally permissible or not. In this view, crime includes untimely death, illness or disease, deprivation of food, shelter, clothing, medical care, racism, sexism, and tobacco, etc.  Human rights violation:This view is most closely associated with the arguments made by Herman and Julia Schwendinger (1975, "Defenders of Order or Guardians of Human Rights" in Critical Criminology, ed. by Ian Taylor, Paul Walton & Jock Young, pp. 113-46, London, Routledge & Kegan Paul) although there are other influences. For the Schwendingers, crime is not just anything that causes social injury (imperialism, sexism, racism, poverty), but also anything that thwarts the right to a dignified human existence. For example: freedom of movement, free speech, a good education, employment, the right to unionise, 19 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY life, liberty, happiness, and so on. The concept of human rights has the advantage of cutting across cultures and over time.  Deviance and Social Control: The view that crime is deviance or norm-violating behavior is associated most with sociological criminology. The norms can originate from any source; religion, political belief, etiquette, fashion, or criminal law. In fact, deviance occurs whenever there is stigmatisation, isolation, rejection, segregation, punishment, treatment, or rehabilitation. Social control can be coercive (forceful), normative (attitudinal), or an exchange solution (sets of rewards and incentives). Not all deviant acts are criminal (and vice versa). Deviance is in the eye of the beholder. Law is but one form of social control (a coercive, governmental solution). The term "criminalisation" refers to the process whereby criminal law is selectively applied to certain behaviors, and many criminalisation specialists adhere to a deviance and social control viewpoint, asking the question if criminalisation is a neutral process or if it serves the interests of the powerful. Other forms of social control are sometimes studied, like dispute resolution, mediation, therapeutic, counseling, rehabilitation, reconciliation and restitution (self- help, avoidance, negotiation, settlement, and toleration). Deviance and social control specialists tend to focus on distinguishing kinds of acts (contextual explanations) from kinds of people (compositional explanations). Those who adhere to a compositional explanation used to be called social pathologists, and study the three D's (delinquent, defective, and dangerous classes), but they are a dying breed.  Social problem: As almost any college student who has taken a social problems class knows, crime is but one of many enduring conditions that seems to have always been there and shows no signs of going away (like homosexuality, teenage pregnancy, poverty, or aging). The social problems approach tries to avoid "reductionism", or explaining crime by virtue of any one explanation, biological, psychological, or even sociological. It tends to look at the social meanings, or collective definitions, of crime. It therefore closely studies things like media polls or public opinion. Media portrayals, images of crime, and the measurement of crime are serious concerns to social problems specialists, although they wouldn't call themselves specialists because they are anti-specialists, among other things, in adhering to the principles outlined in a little book called The Sociological Imagination by C. Wright Mills (1959, NY: Oxford Univ. Press). In that book, some of the most important principles are: never infer value from fact; remember that a social problem, or issue, is 20 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY trans-jurisdictional, not a local trouble; imagine micro-macro links; and keep a playfulness of mind (pure reason limits freedom) in shifting from levels of abstraction (no grand theory and no abstracted empiricism either).  Sin or evil: Few scholars hesitate to add this point of view, but there are some similarities between theology and criminology worth noting. One of these is theodicy (the study of suffering) which has many similarities to a social harm approach. Another is the similarity between criminal intent (mens rea, or guilty mind) and evil mind. Although the Gluecks (a famous husband and wife research team of criminologists at Harvard during 1930- 1950), among others, pretty much pointed out the futility of the evil causes evil fallacy, the fact remains that the law imputes a certain amount of blameworthiness that resembles the imputation of evil. There are other similarities we need not go into. It's not really an important area of study in criminology.  Chaos: These basically don't use all that literate in postmodern, chaos theory approaches, to define crime. There are things called oscillators and attractors, the former referring to what a time- series analysis of crime rates would look like if plotted on a three-dimensional graph, the latter referring to laws or social control mechanisms that produce non-linear effects indicating more or less steady states of chaos (randomness). The presence of factors that leads to chaos encourages crime. The case of terrorism in the Niger-Delta is a case in point. SELF-ASSESSMENT EXERCISE 3 Why is it difficult to define crime? 4.0 CONCLUSION Crime is a critical phenomenon within Nigeria like in any other country. The term crime pervades the vocabulary of both literate and illiterate individual in the society because it is an important concept that has to do with threat to life and property. Crime is so threatening that various techniques such as electronic, mechanical and personnel have been employed by governments, institutions, organisations and private citizens to combat it. The expressions of criminality pervade the society and the negative repercussions of not addressing it stares us in the face every day. Armed robbery attacks, assassinations, hired killings, arson, hostage taking, terrorism, intertribal battles, ethnic conflicts, land disputes, student riots, cultism, pickpockets, area boyism, extortion, police brutality, reckless driving, poor environmental sanitation, e.t.c., 21 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY are all criminal activities. The solutions to the problems of crime will depend on the understanding of its antecedents. 5.0 SUMMARY In this unit, we have been able to discuss a number of subjects on crime. We gave definitions of crime, and the history of crime. We also identified the reasons why it is difficult to define crime. In the next unit we shall critically examine the history of crime. 6.0 TUTOR-MARKED ASSIGNMENT 1. Define crime in its legal form and in a personalised manner. 2. Critically examine the contribution of crime to the lives and property of the Nigerian populace. 3. Discuss the complexity involved in defining crime. 7.0 REFERENCES/FURTHER READING Andrew, A. & Bonta, F.E. (1998). Crime and Everyday Life. Thousand Oaks, Califonia: Pine Forge Press. Bohn, R. M. & Haley, K.N. (2002). Introduction to Criminal Justice, (3rd Edition). California: McGraw Hill. Cohen, S. (1985). Visions of Social Control: Crime, Punishment, and Classification. Polity Press. ISBN 0745600212 Danbazau, A.B. (1999). Criminology and Criminal Justice. Kaduna: Nigerian Defence Academy Press. Foucault, M. (1975). Discipline and Punish: the Birth of the Prison. New York: Random House. Ladan, M.T. (1998). Crime Prevention and Control and Human Rights in Nigeria. Zaria: Econet Publication Co. Ltd. Tappan, P. W. (1964). “Who is the Criminal?” in Wolfgang et. al. The Sociology of Crime and Delinquency. New York: John Wiley and Sons, Inc. 22 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY UNIT 2 HISTORY OF CRIME CONTENTS 1.0 Introduction 2.0 Objectives 3.0 Main Content 3.1 History of Crime 3.2 Reasons for Crime 3.3 Risk Factors 4.0 Conclusion 5.0 Summary 6.0 Tutor-Marked Assignment 7.0 Reference /Further Reading 1.0 INTRODUCTION Crime is an ubiquitous phenomenon that occurs everywhere and at the same time. This crucial issue in human existence spans time, age and space. When man came into being it was there and it exists till date in all human societies. It affects all individuals and groups in one way or the other. Crime has local, national and international variants. In this unit we will critically assess the matrices surrounding the origin of crime, its precursors and risk factors responsible for its existence in human society. We will examine the ‘when’, ‘why’ and ‘which’ of crime in the society. 2.0 OBJECTIVES At the end of this unit, you should be able to:  explain the origin of crime  identify the causes of crime  list the types of crime in human society  identify the precursors of crime. 3.0 MAIN CONTENT 3.1 History of Crime According to biblical accounts, the first crime was committed by Adam and Eve when they disobeyed God and ate the fruit of the knowledge of good and evil thus contravening a law. The second crime was the murder of Abel by Cain. Other crimes followed which led to the destruction of the earth by a flood. Other religious literatures seem to 23 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY have similar stories about how crime started. It should be noted however that crime is impossible where there is no law. The first civilisations had codes of law containing both civil and penal rules mixed together, though these codes were not always recorded. The first known written codes were produced by the Sumerians, and it is known that Urukagina had an early code that does not survive (Attenborough, 1922). A later king, Ur-Nammu left the earliest code that has been discovered, creating a formal system of prescribed penalties for specific cases in 57 articles, the Code of Ur-Nammu. The Sumerians later issued other codes including the "code of Lipit-Ishtar" (last king of Isin - 20th century BCE). This code contains some fifty articles and has been reconstructed by the comparison among several sources. The Sumerian was deeply conscious of his personal rights and resented any encroachment on them, whether by his King, his superior, or his equal. No wonder that the Sumerians were the first to compile laws and law codes (Kramer, 1971). Successive legal codes in Babylon, including the code of Hammurabi, reflected Mesopotamian society's belief that law was derived from the will of the gods (see Babylonian law) (Blythe, 1992). Many states at this time were theocratic, and their codes of conduct were religious in origin or reference. Sir Henry Maine (1861), studied the ancient codes available in his day and failed to find any criminal law in the 'modern' sense of the word. While modern systems distinguish between offences against the "State" or "Community", and offences against the "Individual", what was termed the penal law of ancient communities was not the law of "Crimes" (crimina); it was the law of "Wrongs" (delicta). Thus, the Hellenic laws treated all forms of theft, assault, rape, and murder as private wrongs, and action for enforcement was up to the victim or their survivors (which was a challenge in that although there was law, there were no formalised courts in the earliest system) (Cohen, 1985). It was the Romans who systemised law and exported it to their Empire. Again, the initial rules of Roman law were that assaults were a matter of private compensation. The significant Roman law concept was of dominion (Daube, 1969). The pater familias was in possession of all the family and its property (including slaves). Hence, interference with any property was enforced by the pater. The Commentaries of Gaius on the Twelve Tables treated furtum (modern theft) as a tort. Similarly, assault and violent robbery were allied with trespass as to the pater's property (so, for example, the rape of a slave would be the subject of compensation to the pater as 24 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY having trespassed on his "property") and breach of such laws created a vinculum juris (an obligation of law) that could only be discharged by the payment of monetary compensation (modern damages). Similarly, in the consolidated Teutonic laws of the Germanic tribes, there was a complex system of money compensations for what would now be considered the complete range of criminal offences against the person from murder down (Driver & Mills, 1952-55). Even though Rome abandoned England sometime around 400 AD, the Germanic mercenaries who had largely been enforcing the Roman occupation, stayed on and continued to use a mixture of Roman and Teutonic Law, with much written down by the early Anglo-Saxon Kings (Gagarin, 1986). But, it was not until a more unified Kingdom emerged following the Norman invasion and the King was attempting to assert power over the land and its peoples, that the modern concept emerged which says that a crime is not only an offence against the individual, it is also a wrong against the "State" (Garner, 1987). This is a common law idea and the earliest conception of a criminal act involved events of such major significance that the "State" had to usurp the usual functions of the civil tribunals and direct a special law or privilegium against the perpetrator. All the earliest criminal trials were wholly extraordinary and arbitrary without any settled law to apply, whereas the civil delictual law was highly developed and consistent in its operation (except where the King wanted to raise money by selling a new form of Writ). The development of the idea that it is the State dispensing justice in a court only emerges in parallel with or after the emergence of the concept of sovereignty. In continental Europe, Roman law persisted, but with a stronger influence from the Church. With the more diffuse political structure based on smaller state units, different legal traditions emerged. These have remained more strongly rooted in Roman jurisprudence modified to meet the prevailing political climate. In Scandinavia, the effect of Roman law was not felt until the 17th century, and the courts grew out of the things, which were the assemblies of the people. The cases were decided by the people (usually largest freeholders dominating) which later gradually transformed into a system of a royal judge nominating a number of most esteemed men of the parish as his board, fulfilling the function of "the people" of yore (Guterman, 1990). From the Hellenic system onwards, the policy rationale for requiring the payment of monetary compensation for wrongs committed has been to avoid feuding between clans and families. If families' feelings could be mollified by compensation, this would help to keep the peace. On the other hand, the threat of feudal warfare was played down also by the institution of oaths. Both in archaic Greece and in medieval 25 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY Scandinavia, the accused was released if he could get a sufficient number of male relatives to swear him unguilty. This may be compared with the United Nations Security Council where the veto power of the permanent members ensures that the organisation is not drawn into crises where it could not enforce its decisions. These means of restraining private feuds did not always work or prevent the fulfillment of justice but, in the earliest times, the "States" were not prepared to provide an independent police force (Kern, 1948). Thus, criminal law grew out of what is now tort, and in real terms, many acts and omissions that are classified as crimes overlap civil law concepts. SELF-ASSESSMENT EXERCISE 1 Give a brief history of the origin of crime. 3.2 Reasons for Crime Antisocial behaviour is criminalised and treated as offences against society which justifies punishment by the government. A series of reasons exist for the prevalence of crime in the society:  Poverty  Criminal tendencies of some individuals.  Public normlessness/environmental instability.  Poor administration of justice.  Religious sentiment and faith.  Greed.  Weak law enforcement agencies.  Weak laws.  Poor socialisation  Mental instability  Ignorance of the law Individuals need to be responsible for their own actions. An understanding of root causes of crime cannot and should not be seen as a way to absolve us from personal accountability. However, while individuals have an obligation to act responsibly and with respect for their fellow citizens, communities have a responsibility to address those conditions, which hinder healthy development and can become the breeding ground for crime. The root causes of crime are well documented and researched. Crime is primarily the outcome of multiple adverse social, economic, cultural and family conditions. To prevent crime, it is important to have an understanding of its roots. 26 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY These are many, complex and interrelated, but can be summarised in three main categories:  Economic Factors/Poverty  Social Environment  Family Structures Economic Factors/Poverty In addition to lack of financial resources, poverty manifests itself in a lack of educational opportunities, lack of meaningful employment options, poor housing, lack of hope and the prejudice against persons living in poverty. Social Environment Our social structure mirrors to citizens and communities what we value and how we set priorities. Social root causes of crime are: inequality, not sharing power, lack of support to families and neighborhoods, real or perceived inaccessibility to services, lack of leadership in communities, low value placed on children and individual’s well-being, and overexposure to television as a means of recreation. Family Structures The families are uniquely placed in contributing to raising healthy responsible members of society. But the task of putting children first goes well beyond the family to include communities and society. Dysfunctional family conditions contribute to future delinquency. The Root Causes of Crime These conditions include:  Parental inadequacy  Parental conflict  Parental criminality  Lack of communication (both in quality and quantity)  Lack of respect and responsibility  Abuse and neglect of children  Family violence 27 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY 3.3 Risk Factors for Crime When several risk factors are combined, there is a higher probability that crime occurs. "Root Cause" is not the most accurate term when talking about risk factors. In fact a cause-effect mindset makes it too easy to assume that the existence of a risk factor inevitably leads to criminality. For example, the research literature overwhelmingly points to poverty as a factor in criminal behaviour. However, many poor people do not engage in crime. A great deal of research and study has taken place in the field of criminology over the past 50 years. The data is supported by life-cycle studies in other disciplines including health, education and social science. Research from studies in Europe, Canada and the U.S. examined personal characteristics of convicted offenders, relationships with family and peers, self reporting data, neighborhood characteristics and other data to come to four major conclusions: Occasional and Persistent Delinquents We need to distinguish between occasional and persistent offenders. For example, 81% of adolescents commit a criminal offence at some time during their adolescence (e.g. mischief, experimentation with drugs, shoplifting, etc.); 9% of adolescent offenders commit serious offenses. In economically disadvantaged areas, 7% of men are responsible for over 50% of all offenses. Persistent offenders engage in criminal behavior earlier and continue longer. High Crime Areas Crime rates differ markedly within cities as well as different areas across Canada. For example, northern communities in Canada have substantially higher violent and property crimes than the national average. Police forces everywhere can point to neighbourhoods and urban areas which experience higher crime rates. The Criminal Justice System There are many regional and area differences: dismissal of charges, reporting criteria for crime, media attention to certain crimes are not consistent across Nigeria. It can also be difficult to obtain an accurate picture of crime because many criminal offenses are not reported. Conversely, policies of zero tolerance in schools can significantly "increase" reported crime statistics, and public perception of the problem. 28 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY Multiple Factors Risk factors combine to make the probability of criminal behavior more likely. No one variable should be considered in isolation. Following are the major risk factors supported in research. Many persistent offenders begin their involvement in anti-social activities before and during adolescence. Age alone is not a risk factor. It must be looked at in context of poverty, racism, family violence, parental and community neglect and problems at school. Research into persistent offending has emphasised the need to focus prevention efforts on early childhood years. Birth to age 5 is the most critical time for healthy social and emotional development. Gender While crime rates for females have increased in recent years, males are much more likely to be involved in crime. The research points out that crime usually involve aggression, risk taking and predatory behavior. Social and Economic Disadvantage In Canada, aboriginals represent a disproportionate number of those incarcerated. This situation, in reality, is the consequence of people being kept at a social and economic disadvantage. These factors combined, greatly increase the risk of turning to crime. Low family income and poor housing often amplify poor parental supervision, marital disharmony, inconsistent care, poor nutrition, chronic health care problems, poor school performance and psychological disorders. Unsatisfactory living conditions are particularly stressful during pregnancy. Fetal development is negatively affected by maternal stress. Such stress has shown to be closely related to ill-health, neurological problems, slow development and behaviour disturbances in children. While there is no direct cause and effect relationship between poverty and crime, the conditions arising out of poverty combine to create "high" risk populations who are over-represented in the criminal justice system. Persistent Unemployment Many studies find that a high number of youth and adults admitted to correctional facilities are unemployed. Persistent unemployment often creates a sense of despair, particularly amongst youth and can provoke angry expression including theft, substance and alcohol abuse, as well as child and family violence. Similarly, unemployed men released after terms of incarceration are more likely to re-offend. Failure in school and 29 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY an unstable job situation can combine to continue an individual's involvement in crime. Home Environment There is a direct link between the abuse of women and child abuse and future delinquent behavior. This link is well researched and documented and shows that over 50% of violent young offenders witnessed wife abuse in the home. Physically abused children are five times more likely to be violent adults. Sexually abused children are eight times more likely to be sexually violent as adults. It has been estimated that up to 80% of incarcerated males have experienced some form of physical or sexual abuse as a child. Lack of parental supervision, parental rejection and lack of parent-child involvement are consistent indicators of delinquent behavior. Parenting that features inconsistent, incoherent, overly punitive or too permissive methods of discipline also increase the risk of delinquency. Studies show that unwanted pregnancy and teen pregnancy create higher risk factors towards criminality. Ineffective parenting encourages youth to associate with peers who are involved in criminal activities. At the risk of oversimplifying a complex problem, research suggests that there is a direct link between dysfunctional parenting and the tendency for the youth to associate with delinquent peers. As children, offenders are less successful in school, have lower attendance rates and are more likely to leave school early than their peers. Early school leavers experience many difficulties, the most obvious being unemployment or under-employment. Canadian studies show that 40% of federal inmates have a learning disability which remained undetected throughout their childhood. Substance Abuse Alcohol and substance abuse are often associated with criminal behavior. Many offenders are under the influence of drugs or alcohol when offenses are committed. Regular alcohol use during adolescence can lead to higher conviction rates in adulthood. To a lesser extent, research speaks of the influence of television and other multi-media on the behavior of children. There is also some evidence that there are links between diet and violent behavior. 30 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY SELF-ASSESSMENT EXERCISE 2 Write short notes on the risk factors responsible for crime. 4.0 CONCLUSION Crime variables are numerous. These variables are usually topical problems that affect the safety and security of the citizenry in different ways. It is necessary to have an idea of how these issues affect humanity and how they are applicable to the Nigerian context. 5.0 SUMMARY In this unit, we have been able to discuss crime from historical dimensions. We delved into issues ranging from the history, causes and risk factors of crime. In the next unit, we shall critically examine the classification of crime. 6.0 TUTOR-MARKED ASSIGNMENT In your own words describe the origin of crime. Write short notes on the precursors of crime. What are the risk factors responsible for high crime rate in the society? 7.0 REFERENCES/FURTHER READING Attenborough, F. L. (ed.). (1922). The Laws of the Earliest English Kings. Cambridge: Cambridge University Press. , Cohen, S. (1985). Visions of Social Control: Crime, Punishment, and Classification. Polity Press. Daube, D. (1969). Roman Law: Linguistic, Social and Philosophical Aspects. Edinburgh: Edinburgh University Press. Driver, G. R. & Mills, J. C. (1952-55). The Babylonian Laws. 2 Vols. Oxford: Oxford University Press. Gagarin, M. (1986). Early Greek Law. Reprint edition (1989). Berkeley: University of California Press. Garner, R. (1987). Law and Society in Classical Athens. London: Palgrave Macmillan. 31 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY Guterman, S. L. (1990). The Principle of the Personality of Law in the Germanic Kingdoms of Western Europe from the Fifth to the Eleventh Century. New York: P. Lang. James, M. (1992). Ideal Government and the Mixed Constitution in the middle ages. Princeton: Princeton University Press. Kern, F. (1948). Kingship and Law in the Middle Ages. Reprint edition (1985), Westport, Conn.: Greenwood Press. Kramer, S.N. (1971). The Sumerians: Their History, Culture, and Character. Chicago: University of Chicago. Maine, H. S. (1861). Ancient Law: Its Connection with the Early History of Society, and Its Relation to Modern Ideas. Reprint edition (1986). Tucson: University of Arizona Press. Oppenheim, A. L. (1964). Ancient Mesopotamia: Portrait of a Dead Civilization. Revised edition (September 15, 1977). Chicago: University of Chicago Press. Pennington, K. (1993). The Prince and the Law, 1200–1600: Sovereignty and Rights in the Western Legal Tradition. Berkeley: University of California Press. Skaist, A. J. (1994). The Old Babylonian Loan Contract: Its History and Geography. Ramat Gan, Israel: Bar-Ilan University Press. Tierney, B. (1964). The Crisis of Church and State, 1050–1300. Reprint edition (1988). Toronto: University of Toronto Press. Tierney, B. (1979). Church Law and Constitutional Thought in the Middle Ages. London: Variorum Reprints. Vinogradoff, P. (1909). Roman Law in Medieval Europe. Reprint edition (2004). Kessinger Publishing Co. 32 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY UNIT 3 THEORIES OF CRIME CONTENTS 1.0 Introduction 2.0 Objectives 3.0 Main Content 3.1 Criminology 3.2 Typing Theories of Crime 3.3 Other Theories of Crime 4.0 Conclusion 5.0 Summary 6.0 Tutor-Marked Assignment 7.0 References/Further Reading 1.0 INTRODUCTION The discipline known as criminology is a highly relevant one because it provides empirical information about crime and its concomitant variables. Criminology is indispensable to members of the criminal justice system and scholars who are interested in crime. Criminology as a discipline has provided people with deep insights into the nature and expression of crime. It has also assisted to map out strategies for nipping crime in the bud and rehabilitating criminals. It is necessary to understand criminology as both a course of study and as a practical issue. In this unit, we are going to critically examine the concept of criminology and its general make up. 2.0 OBJECTIVES At the end of this unit, you should be able to:  explain the meaning of criminology  Identify how criminology started  discuss how it applies to reality  metion the theoretical underpinning of criminology  explain a general overview of its usefulness as a course of study. 33 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY 3.0 MAIN CONTENT 3.1 Criminology The statement ‘Are criminals born, or made?’ is wide reaching and has remained the subject of many debates. Beginning over a hundred years ago in the late 18th century, social and criminal anthropologists began to wonder at the causes of criminality and delinquency and set about to investigate them. Most theorists at the time believed that it had to be a deep-rooted trait, an innate tendency. Over the years that followed, many other sociologists and psychologists have tried to decipher this complicated question, some staying on the side of biological causes, and some looking further into environmental causes. There are many factors surrounding the arguments for both sides, a few of which will be addressed in this essay. We will attempt to conclude which of these theories holds the most weight, and why. This essay will show evidence from different fields of investigation in biological studies and environmental studies, beginning with the works of Cesare Lombroso and William Sheldon. SELF-ASSESSMENT EXERCISE 1 Are criminals born or made? Discuss. 3.2 Typing Theories of Crime Called ‘The father of Modern Criminology’, Cesare Lombroso believed that particular physical characteristics or attributes could predict criminality, creating a ‘born’ criminal. This was, he theorised, a result of certain evolutionary throwback attributes (atavism) whereby the criminal would be both mentally and physically inferior to ‘normal’ human beings, and that they would resemble our predecessor, the ape. He used certain physical characteristics as indicators of criminality, and measured them. These included:  Size or shape of the head;  Enlarged cheekbones and jaw;  Fleshy protruding lips;  Abnormal teeth and dark skin to name but a few. If a person were to portray five or more of these atavisms, then they were seen to be a born criminal. He also added other factors to this theory, including that of an excessive use of tattooing, excessive idleness and a tendency to express ideas pictorially! 34 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY Sheldon had similar ideas, but these were mainly based around body types. He described three basic body types and different temperaments that corresponded with them. These were:  endomorphs, who would be soft and round with relaxed extrovert personalities..  mesomorphs, who were athletic and tended to be aggressive.  ectomorphs, who were thin frail and introverted. Sheldon (1949), rated these physical attributes in any given individual to range between 1 and 7 to indicate the extent of each body type which they possessed, then the person would be given a three figure rating, showing his/her possession of characteristics. Sheldon compared these ratings on a group of 200 male delinquents, against 200 non-delinquent students. He found that the delinquents were significantly higher in mesomorphy and lower in ectomorphy. He concluded that a Mesomorph was the most likely to be a criminal. SELF-ASSESSMENT EXERCISE 2 Compare and contrast Lombrosso and Sheldon’s somatotyping theories of crime. 3.3 Other Theories of Crime Other studies, based around heredity, by Francis Galton and his students, were set up to measure degrees of resemblance or correlation. Charles Goring used these new statistical techniques in the analysis of criminality. He concluded that crime was inherited much in the same way as ordinary physical traits and features. He also found that those with frequent and lengthy terms of imprisonment were physically smaller and less intelligent than other people and although there could be a distinct environmental explanation for this, Goring believed that these were primarily inherited characteristics. As you can imagine, there are many criticisms of these theories, mainly that a majority of Lombrosso’s atavisms could describe almost any ethnic minority, and any fit or sporty person in Sheldon’s books, would be delinquent. Lombroso’s theory, however was very popular at the turn of the century and dispelled any theories that a person became criminal, simply because they fell victim to unfortunate social circumstances. However, the ‘International Congress of Criminal Anthropology’ was critical. They believed that the origins of crime lay in social conditions rather than with innate tendencies. This however was initially 35 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY a dangerous tact as it bred a belief that the prevention of crime required the development of eugenics, whereby state agencies could implement programs of social and moral improvement through breeding. This kind of genetic engineering was dependent on chromosomal studies. Patricia Jacobs et al held one of the first studies of this kind in a maximum-security prison in Scotland. They found that a statistically significant percentage of men had an extra Y chromosome. Normal patterns are XX for females and XY for males yet this study found that the subnormal wing of the hospital had patients with XYY patterns. Patricia Jacobs described these men as having ‘dangerous, violent or criminal predisposition. This was seen as a breakthrough but since then the extra Y chromosome has been found in the general population also, in non-criminal members of society. Nevertheless these three theories do not explain the reasons why poorer areas of society have more criminals, or the theories that chemical imbalances are to blame. This leads us to environmental theories of criminality, or that criminals are made. There have also been many studies into the effects of certain vitamins and minerals and their toxic effects in relation to criminality. For instance the toxic effects of lead and its adverse effects on learning are widely accepted, yet Bradley has only recently suggested the link between lead levels and criminality in 1988. Bryce-Smith (1983) also found that high levels of lead could be linked to impulsiveness, daydreaming and frustration. Other minerals have also been linked with negative behaviour patterns, namely Cobalt (vitamin B12) and Vitamin B. Two recent studies on Cobalt found that there was a definite link between Cobalt and violent behaviour, the lower the mineral level, the more violent the behaviour pattern. With Vitamin B, it has been found that a deficiency is common amongst both criminals and hyperactive children. A shortage of B1 gives rise to aggression, hostility and irrational behaviour and B3, as claimed by Lesser (1980), may cause people to become fearful and act immorally as they are unable to discern right from wrong. A concoction of any of these deficiencies could produce a violent, criminal personality. Poverty, unemployment and class are also social issues connected closely with crime and delinquent behaviour. Sainsbury (1955), found that crime was closely linked to poverty, but criticisms show many tribes, and peoples who are materially poor but have no crime, therefore poverty itself does not cause crime but is only a factor. Evidence now suggests that criminality is linked to economic and income inequalities. 36 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY Glaser & Rice (1959) found unemployment to be a significant factor in property crime. They also found that delinquency is inversely related to unemployment; that is, delinquency is high when unemployment is low, and vice versa. They suggested that this might be due to the fact that in times of unemployment, parents are more available to their children. However, Block found in 1979 that it is young adults who are most likely to have criminal tendencies if they are also unemployed. It is therefore a very complex and ongoing argument about whether criminals are born, or made. Goring continued his studies into criminality and eventually postulated that it was caused neither by environment nor heredity, but as the result of an interaction between the two. A view held by many criminologists today. He did however still favours heredity. Despite this, it can certainly be shown that modern studies and theories are much more in favour of environmental causes of criminality, causes that can be controlled and repressed. In addition to the theories we have discussed, there are many others on the side of environmental factors, such as labeling and learning theories tested by psychologists like Bandura and Skinner showing how criminality can be conditioned. It is therefore much more likely, taking into account the evidence we have seen on behalf of both biological and environmental factors; that with today’s mass array of chemical substances, enhancers, and habit forming hobbies; conjoined with poor living conditions, conditioned morals and lifestyles; and lack of wealth and education, that criminality is certainly not an innate tendency, but a lifestyle imposed upon certain individuals by their environment. It could be an imbalance in their genetic make-up caused by a lack of vitamins or exposure to certain minerals. In retrospect, it is a definite fact shown through the evidence in this essay, that criminals are made and not born. SELF-ASSESSMENT EXERCISE 3 Briefly discuss three other theoretical explanations for crime. 4.0 CONCLUSION The study of criminology is indispensible for a clearer understanding of crime in the society. The knowledge garnered from this discipline has gone a long way in assisting stakeholders perform their duties with a degree of competence in security and crime control. The advent of criminology as a discipline is quite funny if you look at it from the Lomrosian perspective, but development in form of advanced technology seems to have changed its face drastically. Having 37 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY knowledge of the old and new additions to the discipline makes for a gestaltist understanding. 5.0 SUMMARY In this unit, we have been able to discuss the criminology. We defined criminilogy after which we investigated the somatotype theories of Lombrosso and Sheldon. Finally we examined other theories explaining criminal behaviour in a simplistic form. 6.0 TUTOR- MARKED ASSIGNMENT 1. What does criminology entail? 2. Is the nature and nurture controversy regarding criminality a fact or a fallacy? Argue. 3. Differentiate between Lombroso and Sheldon’s somatotype theories of crime. 4. Write short notes on five other theoretical explanations for crime. 7.0 REFERENCES/FURTHER READING Aquinas, T. (1988). On Law, Morality and Politics (2nd edition). Indianapolis: Hackett Publishing Co. Blackstone, W. (1765-1769). Commentaries on the Law of England: A Facsimile of the First Edition of 1765-1769, Vol. 1. (1979). Chicago: The University of Chicago Press. Dworkin, R. (2005). Taking Rights Seriously. Harvard University Press. 38 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY UNIT 4 CLASSIFICATION OF CRIME CONTENTS 1.0 Introduction 2.0 Objectives 3.0 Main Content 3.1 Type of Crime 3.2 International Crimes 3.3 Racial Crimes 4.0 Conclusion 5.0 Summary 6.0 Tutor-Marked Assignment 7.0 References/Further Reading 1.0 INTRODUCTION Crime occurs in various forms and can be exhibited in a variety of ways. According to the law, different crimes carry different weight. Some are major crimes while others are minor crimes. We will examine the different types of crimes in the society. 2.0 OBJECTIVES At the end of this unit, you should be able to:  identify the types of crime in human society  explain what the crime against humanity means  recognise the basis of racial crimes. 3.0 MAIN CONTENT 3.1 Types of Crime Nigeria has a hydra headed crime problem. Crimes come in different shades and forms. The types of crime are categorised and explained below. Drug crimes. The drug-crime category encompasses a range of offences connected with the use, transportation, purchase, and sale of illegal drugs. Street crimes. The most common forms of predatory crime—rape, robbery, assault, burglary, larceny, and auto theft (occur most frequently on urban streets). 39 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY Organised crime. The term “organised crime” refers to the unlawful activities of members of criminal organisations that supply illegal goods and services. Political crimes. The political-crime category contains both crimes by the government and crimes against the government. Political goals motivate political criminals. Victimless crime. Consensual acts (in which people are willing participants) and violations in which only the perpetrator is hurt, such as the personal use of illegal drugs, are called victimless crimes. White-collar crime. White-collar crimes are offences that persons commit while acting in their legitimate jobs and professions. White- collar criminals behave in unethical ways for self-gain (for example, embezzlement) or for the benefit of a business (for example, corporate price-fixing). Victims of white-collar crime include the economy, employers, consumers, and the environment. Crime is generally classified into categories, including: violent crime (murder and criminal homicide (voluntary manslaughter), forcible rape, aggravated assault, and robbery), property and public order crime. (burglary, arson, larceny/theft, and motor vehicle theft, Crimes are also grouped by severity. These are: felonies (US and previously UK), indictable offences (UK), misdemeanors (US and previously UK), and summary offences (UK). For convenience, infractions are also usually included in such lists although, in the U.S., they may not be the subject of the criminal law, but rather of the civil law. Crimes against international law Crime against international law are crimes defined by treaty and include crime against peaces, waging a war of aggression, crimes of apartheid, piracy, genocide, war crimes, and the slave trade. They may be prosecuted by extraordinary procedures, usually international courts such as the International Criminal Court at The Hague in the Netherlands. Religious crime The relationship between religion and crime notions is a complex one. Not only have many secular jurisdictions been influenced by the (socially accepted or from the top imposed) religious morality, while the actual corollary in that sphere is answerable only to one's conscience 40 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY and divinity, often in the aftermath), in various historical and/or present societies or institutionalised religions, systems of earthly justice have been established which punish crimes against the divine will and/or specific religious (devotional, organisational and other) rules under a specific code, such as Islamic sharia or canon law (notably within the Roman Catholic church). In the para-military sphere, both 'regular' crimes and specific ones, such as mutiny, can be persecuted by special procedures and/or codes. SELF-ASSESSMENT EXERCISE 1 Write short notes on five types of crime. 3.2 Crime against Humanity In public international law, a crime against humanity is an act of persecution or any large scale atrocities against a body of people, and is the highest level of criminal offense. The Rome Statute Explanatory Memorandum states that crimes against humanity "are particularly odious offences in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings. They are not isolated or sporadic events, but are part either of a government policy (although the perpetrators need not identify themselves with this policy) or of a wide practice of atrocities tolerated or condoned by a government or a de facto authority. However, murder, extermination, torture, rape, political, racial, or religious persecution and other inhumane acts reach the threshold of crimes against humanity only if they are part of a widespread or systematic practice. Isolated inhumane acts of this nature may constitute grave infringements of human rights, or depending on the circumstances, war crimes, but may fall short of falling into the category of crimes under discussion." First uses On May 24, 1915, the Allied Powers, Britain, France, and Russia, jointly issued a statement explicitly charging for the first time ever another government of committing "a crime against humanity". An excerpt from this joint statement reads: In view of these new crimes of Turkey against humanity and civilization, the Allied Governments announce publicly to the Sublime Porte that they will hold personally responsible for these crimes all members of the Ottoman Government, as well as those of their agents who are implicated in such massacres. 41 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY Nuremberg trials The London Charter of the International Military Tribunal was the decree that set down the laws and procedures by which the post-World War II Nuremberg trials were to be conducted. The charter defined that only crimes of the European Axis Powers could be tried. Article 6 stated that the Tribunal was established for the trial and punishment of the major war criminals of the European Axis countries; paragraph 6.a defined crimes against peace, 6.b war crimes and paragraph 6.c, Crimes Against Humanity defined as "Murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war, or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated"..In the Judgment of the International Military Tribunal for the Trial of German Major War Criminals it was also stated: The Tribunal therefore cannot make a general declaration that the acts before 1939 were crimes against humanity within the meaning of the Charter, but from the beginning of the war in 1939 war crimes were committed on a vast scale, which were also crimes against humanity; and insofar as the inhumane acts charged in the Indictment, and committed after the beginning of the war, did not constitute war crimes, they were all committed in execution of, or in connection with, the aggressive war, and therefore constituted crimes against humanity. SELF-ASSESSMENT EXERCISE 2 Briefly discuss what you understand by international crimes. Give some examples. 3.3 Racial Crimes Apartheid The systematic persecution of one racial group by another, such as occurred during the South African apartheid government, was recognized as a crime against humanity by the United Nations General Assembly in 1976. The Charter of the United Nations (Article 13, 14, 15) makes actions of the General Assembly advisory to the Security Council. In regard to apartheid, the UN General Assembly has not made any findings, nor have apartheid-related trials for crimes against humanity been conducted. 42 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY United Nations The United Nations has been primarily responsible for the prosecution of crimes against humanity since it was chartered in 1948. The UN has been where all modern prosecutions for crimes against humanity have occurred. The International Criminal Court (ICC) was recently organised by the Rome Statute and the UN has delegated several crimes against humanity cases to the ICC. Because these cases were referred to the ICC by the UN, the ICC has broad authority and jurisdiction for these cases. The ICC acting without a UN referral lacks the broad jurisdiction to prosecute crimes against humanity, and cannot prosecute many cases, particularly if they occur outside of ICC-member nations. The most recent 2005 UN referral to the ICC of Darfur has not progressed well, according to many commentators. The first person to be handed over to the ICC was Thomas Lubanga. His trial has still not been completed. The ICC still is seeking Joseph Kony. When the ICC President reported to the UN regarding its progress handling this crimes against humanity case, Judge Phillipe Kirsch said "The Court does not have the power to arrest these persons. That is the responsibility of States and other actors. Without arrests, there can be no trials. The UN has not referred any further crimes against humanity cases to the ICC since March 2005. UN Security Council responsibility UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution commits the Council to action to protect civilians in armed conflict. International Criminal Court In 2002, the International Criminal Court (ICC) was established in The Hague (Netherlands) and the Rome Statute provides for the ICC to have jurisdiction over genocide, crimes against humanity and war crimes. The definition of what is a "crime against humanity" for ICC proceedings has significantly broadened from its original legal definition or that used by the UN, and Article 7 of the treaty stated that: For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: 43 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY (a) Murder; (b) Extermination; (c) Enslavement; (d) Deportation or forcible transfer of population; (e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; (f) Torture; (g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; (h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognised as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; (i) Enforced disappearance of persons; (j) The crime of apartheid; (k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health. The Rome Statute Explanatory Memorandum states that crimes against humanity are particularly odious offences in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings. They are not isolated or sporadic events, but are part either of a government policy (although the perpetrators need not identify themselves with this policy) or of a wide practice of atrocities tolerated or condoned by a government or a de facto authority. However, murder, extermination, torture, rape, political, racial, or religious persecution and other inhumane acts reach the threshold of crimes against humanity only if they are part of a widespread or systematic practice. Isolated inhumane acts of this nature may constitute grave infringements of human rights, or depending on the circumstances, war crimes, but may fall short of meriting the stigma attaching to the category of crimes under discussion. On the other hand, an individual may be guilty of crimes against humanity even if he perpetrates one or two of the offences mentioned above, or engages in one such offence against only a few civilians, provided those offences are part of a consistent pattern of misbehavior by a number of persons linked to that offender (for example, because they engage in armed action on the same side or because they are parties to a common plan or for any similar reason.) Consequently when one or more individuals are not accused of planning or carrying out a policy of inhumanity, but simply of perpetrating specific atrocities or vicious acts, 44 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY in order to determine whether the necessary threshold is met one should use the following test: one ought to look at these atrocities or acts in their context and verify whether they may be regarded as part of an overall policy or a consistent pattern of an inhumanity, or whether they instead constitute isolated or sporadic acts of cruelty and wickedness. Council of Europe The Committee of Ministers of the Council of Europe on 30 April 2002 issued a recommendation to the member states, on the protection of women against violence. In the section "Additional measures concerning violence in conflict and post-conflict situations", states in paragraph 69 that member states should: "penalise rape, sexual slavery, forced pregnancy, enforced sterilisation or any other form of sexual violence of comparable gravity as an intolerable violation of human rights, as crimes against humanity and, when committed in the context of an armed conflict, as war crimes;" In the Explanatory Memorandum on this recommendation when considering paragraph 69: Reference should be made to the Statute of the International Criminal Tribunal adopted in Rome in July 1998. Article 7 of the Statute defines rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation or any other form of sexual violence of comparable gravity, as crimes against humanity. Furthermore, Article 8 of the Statute defines rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation or any other form of sexual violence as a serious breach of the Geneva Conventions and as war crimes. To fall under the Rome Statute, a crime against humanity which is defined in Article 7.1 must be "part of a widespread or systematic attack directed against any civilian population". Article 7.2.a states "For the purpose of paragraph 1: "Attack directed against any civilian population means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or Oganisational policy to commit such attack." This means that an individual crime on its own, or even a number of such crimes, would not fall under the Rome Statute unless they were the result of a State policy or an Oganisational policy. This was confirmed by Luis Moreno-Ocampo in an open letter publishing his conclusions about allegations of crimes committed during the invasion of Iraq in March 2003 which might fall under the ICC. In a section entitled "Allegations concerning Genocide and Crimes against Humanity" he states that "the available information provided no reasonable indicia of 45 CSS242 MEASUREMENTS AND PATTERNS OF CRIME AND DELINQUENCY the required elements for a crime against humanity, i.e. 'a widespread or systematic attack directed against any civilian population'". SELF-ASSESSMENT EXERCISE 3 Why is apartheid a crime against humanity? 4.0

CSS 242 Measurements and Patterns of Crime and Delinquency Course Guide PDF

Document Details

Tags

Related

Summary

Full Transcript

Upgrade to continue