Beccaria Kant Brockway Mabbott On Crimes and Punishment

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Beccaria Kant Brockway Mabbott On Crimes and Punishment (1764) Philosophy The American Punishment of Law (1887) Reformatory (1910) (1939)

Bentham Bentham Moral Calculus (1789) The Rationale of Punishment (1830)

ORIGIN

Classical Theory

CONTEMPORARY THEORY

Rational Choice Theory (p.92)

Maudsley Tarde Freud Pathology of Mind Penal General Introduction (1867) Philosophy to Psychoanalysis (1912) (1920)

Pinel Healy Treatise on Insanity (1800) The Individual Deliquent (1915)

Marx Bonger Rusche & Kircheimer Communist Manifesto (1848) Criminality and Punishment and Social Economic Structure (1939) Conditions (1916)

Glueck & Glueck 500 Criminal Careers (1930)

Mead Sutherland The Psychology Principles of of Punitive Justice Criminology (1917) (1939) Sutherland Sutherland Criminology (1924) The Professional Thief (1937)

Quetelet Durkheim Park, Burgess, Merton The Propensity The Division of & McKenzie Social Structure of Crime (1831) Labor in Society The City (1925) and Anomi (1938) (1893) Shaw et al. (1925) Delinquency Areas Sellin Thrasher Culture, Conflict The Gang (1926) and Crime (1938)

ORIGIN

Positivist Theory

CONTEMPORARY THEORY

Biological Trait Theory (p.129)

ORIGIN

Positivist Theory

CONTEMPORARY THEORY

Psychological Trait Theory (p.136)

ORIGIN

Marxist Theory

CONTEMPORARY THEORY

Critical Criminology (p.232)

ORIGIN

Sociological Theory

CONTEMPORARY THEORY

Social Structure Theory (p.158)

ORIGIN

Sociological Theory

CONTEMPORARY THEORY

Social Process Theory (p.194)

ORIGIN

Multifactor/Integrated Theory

CONTEMPORARY THEORY

Life Course Theory (p.268)

ORIGIN

Multifactor/Integrated Theory

CONTEMPORARY THEORY

Propensity Theory (p.276)

Gall Lombroso Garofalo Kretschmer Hooton Cranioscopy/Phrenology Criminal Man Criminology Physique and American (1800) (1863) (1885) Character (1921) Criminal (1939)

Dugdale Ferri Goring The Jukes Criminal The English Convict (1913) (1877) Sociology (1884)

Timeline of Criminological Theories

1775 1800 1825 1850 1875 1900 1925 1939

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Andenaes Martinson Cohen & Felson Clarke General Preventive Effects What Works (1974) Routine Activities (1979) Situational Crime Prevention (1992) of Punishment (1966)

Packer Newman J. Q. Wilson Katz The Limits of Criminal Defensible Thinking About Crime (1975) Seductions of Crime (1988) Sanction (1968) Space (1973)

Montagu Jeffery E. O. Wilson Mednick & Volavka Rowe Harris Man and Crime Sociobiology (1975) Biology and Crime (1980) The Limits of The Nurture Aggression Prevention Family Influence Assumption (1998) (1968) (1971) (1995)

Sheldon Dalton Ellis Varieties of Delinquent Youth (1949) The Premenstrual Syndrome (1971) Evolutionary Sociobiology (1989)

Friedlander Eysenck Bandura Hirschi & Hindelang Henggeler Moffitt Wilson & Daly Psychoanalytic Crime and Aggression (1973) Intelligence and Delinquency in Neuropsychology Evolutionary Psychology Approach to Personality (1964) Delinquency (1977) Adolescence (1989) of Crime (1992) (1997) Delinquency (1947) Murray & Herrnstein The Bell Curve (1994)

Vold Chambliss & Seidman Lea & Young Hagan Braithwaite Zehr & Mika Theoretical Criminology Law, Order and Power (1971) Left Realism (1984) Structural Criminology (1989) Crime, Shame, and Fundamental Concepts of (1958) Reintegration (1989) Restorative Justice (1998)

Dahrendorf Taylor, Walton, & Young Daly & Chesney-Lind Quinney & Pepinsky Barak & Henry Class and Class Conflict The New Criminology Feminist Theory Criminology as An Integrative-Constitutive in Industrial Society (1959) (1973) (1988) Peacemaking (1991) Theory of Crime (1999)

Cloward & Ohlin Kornhauser Wilson Agnew Courtwright Anderson Delinquency and Opportunity Social Sources The Truly General Strain Theory Violent Land (1996) Code of the Street (1960) of Delinquency (1978) Disadvantaged (1987) (1992) (1999)

Lewis Blau & Blau Messner & Rosenfeld LaFree The Culture of Poverty (1966) The Cost of Inequality (1982) Crime and the American Losing Legitimacy Dream (1994) (1998)

Lemert Hirschi Schur Akers Kaplan Akers Social Causes of Labeling Deviant Deviant Behavior (1977) General Theory Social Learning and Pathology (1951) Delinquency (1969) Behavior (1972) of Deviance (1992) Social Structure (1998) Becker Heimer & Matsueda Outsiders (1963) Differential Social Control (1994)

Glueck & Glueck West & Farrington Thornberry Sampson & Laub Loeber Unraveling Juvenile Delinquency Delinquent Way of Life Interactional Crime in the Making (1993) Pathways to Delinquency (1950) (1977) Theory (1987) (1998)

Weis Moffitt Social Development Adolescence-Limited and Life-Course Theory (1981) Persistent Antisocial Behavior (1995)

Hathaway & Monachesi Wolfgang, Figlio, & Sellin Wilson & Herrnstein Tittle Analyzing and Predicting Delinquency in Birth Cohorts Crime and Human Control Balance: Toward a General Juvenile Delinquency (1972) Nature (1985) Theory of Deviance (1995) with the MMPI (1953) Eysenck Gottfredson & Hirschi Crime and Personality General Theory of Crime (1990) (1964)

1947 1969 1975 1980 1991 1995 1997 1998

Timeline of Criminological Theories (continued)

Colvin Farrington Zimmerman, Botchkovar, Crime and Coercion (2000) “Developmental and Life-Course Antonaccio, & Hughes “Low Self- Criminology” (2003) Control in ‘Bad’ Neighborhoods” (2015)

Piquero, Farrington, Boutwell, Barnes, Deaton, & Nagin, & Moffitt Beaver “On the Evolutionary Origins of Trajectories of Offending (2010) Life-course Persistent Offending” (2013)

Conger Long-term Consequences of Economic Hardship on Romantic Relationships (2015)

Laub & Sampson Agnew Larson & Sweeten Bersani & Doherty Shared Beginnings, Divergent Why Do Criminals Offend? “Breaking Up Is “When the Ties That Lives (2003) (2005) Hard to Do” (2012) Bind Unwind” (2013)

Topalli “When Being Good Conger Is Bad: An Expansion of “Family Functioning and Crime” (2014) Neutralization Theory” (2005)

Maruna Making Good: How Ex-convicts Reform and Rebuild Their Lives (2001)

 

Sampson & Raudenbush LeBlanc Wilson & Taub There Goes the Neighborhood: Wilson Disorder in Urban Neighborhoods— Random Family: Love, Drugs, Trouble, Racial, Ethnic, and Class Tensions in Four Chicago More Than Just Race (2009) Does It Lead to Crime? (2001) and Coming of Age in the Bronx (2003) Neighborhoods and Their Meaning for America (2006)

Sullivan & Tifft Western Restorative Justice (2001) Punishment and Inequality in America (2010)

Hagan and Wymond-Richmond Chesney-Lind & Morash Darfur and the Crime of Genocide (2009) “Transformative Feminist Criminology” (2013)

Bushman & Anderson Dorn, Volavka & Media Violence (2001) Johnson “Mental Disorder and Violence” (2012)

Ellis & Hoskin “Criminality and the 2D:4D Ratio: Testing the Prenatal Androgen Hypothesis” (2015)

Schoenthaler Friedman Beaver Wright & Cullen Barnes & Jacobs Intelligence, Academic Performance, “Violence and Mental Biosocial Criminology (2009) “The Future of Biosocial “Genetic Risk for Violent and Brain Function (2000) Illness” (2006) Criminology” (2012) Behavior” (2013)

Lott Felson Steffensmeier & Ulmer Simon Petrossian & Clarke More Guns, Less Crime (2000) Crime and Everyday Life Confessions of a Dying Thief: Understanding Governing Through Crime (2010) “The CRAVED Theft Model” (2014) (2002) Criminal Careers and Illegal Enterprise (2005)

Levitt Understanding Why Crime Fell in the 1990s (2004)

2000 2001 2002 2003 2004 2005 2010 2016

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CRIMINOLOGY THE CORE

Larry J. Siegel University of Massachusetts, Lowell

7

Australia ● Brazil ● Mexico ● Singapore ● United Kingdom ● United States

EDITION

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Important Notice: Media content referenced within the product description or the product text may not be available in the eBook version.

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Criminology: The Core, Larry J. Siegel

Meier

Printed in the United States of America Print Number: 01 Print Year: 2017

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This book is dedicated to

my children, Eric, Julie, Rachel, and Andrew;

my grandchildren, Jack, Brooke, and Kayla Jean;

my sons-in-law, Jason Macy and Patrick Stephens;

and my wife, partner, and best friend, Therese J. Libby.

L. J. S.

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LARRY J. SIEGEL was born in the Bronx. While liv- ing on Jerome Avenue and attending City College of

New York in the 1960s, he was swept up in the social

and political currents of the time. He became intrigued

with the influence contemporary culture had on

individual behavior: Did people shape society, or did

society shape people? He applied his interest in social

forces and human behavior to the study of crime and

justice. Graduating from college in 1968, he was accepted into the

first class of the newly opened program in criminal justice at the

State University of New York at Albany, where he earned both

his MA and PhD degrees. Dr. Siegel began his teaching career at

Northeastern University, where he was a faculty member for nine

years. He also held teaching positions at the University of Nebraska–

Omaha and Saint Anselm College in New Hampshire before being

appointed a full professor in the School of Criminology and Jus-

tice Studies at the University of Massachusetts, Lowell. Dr. Siegel

retired from full-time classroom teaching in 2015 and now teaches

exclusively online. He has written extensively in the area of crime

and justice, including books on juvenile law, delinquency, criminol-

ogy, criminal justice, corrections, and criminal procedure. He is a

court-certified expert on police conduct and has testified in numer-

ous legal cases. The father of four and grandfather of three, Larry

Siegel and his wife, Terry, now reside in Naples, Florida, with their

two dogs, Watson and Cody.

Therese J. Libby and Larry J. Siegel

ABOUT THE AUTHOR

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PART 1 Concepts of Crime, Law, and Criminology

Chapter 1 Crime and Criminology 2

Chapter 2 The Nature and Extent of Crime 30

Chapter 3 Victims and Victimization 64

PART 2 Theories of Crime Causation

Chapter 4 Rational Choice Theory 98

Chapter 5 Trait Theory 132

Chapter 6 Social Structure Theory 170

Chapter 7 Social Process Theory 210

Chapter 8 Social Conflict, Critical Criminology, and Restorative Justice 248

Chapter 9 Developmental Theories: Life Course, Propensity, and Trajectory 284

PART 3 Crime Typologies

Chapter 10 Violent Crime 318

Chapter 11 Political Crime and Terrorism 366

Chapter 12 Economic Crimes: Blue-Collar, White-Collar, and Green-Collar 404

Chapter 13 Public Order Crimes 444

Chapter 14 Crimes of the New Millennium: Cybercrime and Transnational Organized Crime 488

Brief Contents

v

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Preface xv

PART 1

Concepts of Crime, Law, and Criminology

CHAPTER 1

Crime and Criminology 2

What Criminologists Do: The Elements of Criminology 4 Criminal Statistics/Crime Measurement 4

Sociology of Law/Law and Society/Sociolegal Studies 5

Developing Theories of Crime Causation 6

Explaining Criminal Behavior 7

Penology: Punishment, Sanctions, and Corrections 7

Victimology 8

A Brief History of Criminology 8 Classical Criminology 9

Positivist Criminology 9

Sociological Criminology 10

Conflict Criminology 11

Developmental Criminology 12

Contemporary Criminology 12

Deviant or Criminal? How Criminologists Define Crime 13 Becoming Deviant 14

The Concept of Crime 15

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Profiles in Crime A SHOOTING IN FERGUSON 16

A Definition of Crime 17

Criminology and the Criminal Law 17 Common Law 18

Contemporary Criminal Law 18

The Evolution of Criminal Law 19

Criminology and Criminal Justice 19 The Criminal Justice System 20

The Process of Justice 21

Policies and Issues in Criminology HATE CRIME IN GEORGIA 23

Ethical Issues in Criminology 24

CHAPTER 2

The Nature and Extent of Crime 30

Primary Sources of Crime Data 32 Official Records: The Uniform Crime Report 32

NIBRS: The Future of the Uniform Crime Report 35

Survey Research 35

The National Crime Victimization Survey (NCVS) 35

Self-Report Surveys 36

Evaluating Crime Data 38

Crime Trends 39 Contemporary Trends 40

Trends in Victimization 41

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Contents

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viii CONTENTS

Policies and Issues in Criminology INTERNATIONAL CRIME TRENDS 42

Policies and Issues in Criminology EXPLAINING TRENDS IN CRIME RATES 44

What the Future Holds 46

Policies and Issues in Criminology ARE IMMIGRANTS CRIME PRONE? 47

Crime Patterns 48 Place, Time, Season, Climate 48

Co-Offending and Crime 49

Gender and Crime 49

Race and Crime 51

Use of Firearms 52

Social Class and Crime 53

Unemployment and Crime 54

Age and Crime 54

Chronic Offenders/Criminal Careers 55 What Causes Chronicity? 56

Implications of the Chronic Offender Concept 56

CHAPTER 3

Victims and Victimization 64

The Victim’s Role 66

The Costs of Victimization 66 Societal-Level Costs 66

Individual-Level Costs 67

Legal Costs of Victimization 69

Policies and Issues in Criminology THE IMPACT OF WRONGFUL CONVICTIONS ON CRIME VICTIMS 70

The Nature of Victimization 72 The Social Ecology of Victimization 72

The Victim’s Household 73

Victim Characteristics 73

Policies and Issues in Criminology ELDER VICTIMS 74

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Victims and Their Criminals 78

Theories of Victimization 78 Victim Precipitation Theory 78

Lifestyle Theories 79

Deviant Place Theory 81

Routine Activities Theory 82

Caring for the Victim 84 Victim Service Programs 85

Victims’ Rights 89

Victim Advocates 89

Self-Protection 89

PART 2 Theories of Crime Causation

CHAPTER 4

Rational Choice Theory 98

Development of Rational Choice Theory 100

Concepts of Rational Choice 101 Evaluating the Risks of Crime 101

Offense-Specific/Offender-Specific 102

Structuring Criminality 103

Structuring Crime 104

Is Crime Truly Rational? 106 Is Drug Use Rational? 106

Profiles in Crime PLANNING TO STEAL 107

Is Violence Rational? 108

Is Hate Crime Rational? 108

Is Sex Crime Rational? 109

Analyzing Rational Choice Theory 109

Situational Crime Prevention 110 Crime Prevention Strategies 111

Evaluating Situational Crime Prevention 113

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ixCONTENTS

General Deterrence 114 Perception and Deterrence 114

Marginal and Restrictive Deterrence 114

Punishment and Deterrence 115

Policies and Issues in Criminology DOES THE DEATH PENALTY DISCOURAGE MURDER? 116

Evaluating General Deterrence 118

Specific Deterrence 119 Toughen Punishment? 119

Incapacitation 120

Policies and Issues in Criminology RACIAL DISPARITY IN STATE PRISONS 122

Criminal Justice and Rational Choice Theory 123

Police and Rational Choice Theory 123

Courts, Sentencing, and Rational Choice Theory 123

Corrections and Rational Choice Theory 124

CHAPTER 5

Trait Theory 132

Development of Trait Theory 134

Contemporary Trait Theory 135 Individual Vulnerability vs. Differential

Susceptibility 136

Biological Trait Theories 136 Biochemical Conditions and Crime 137

Neurophysiological Conditions and Crime 139

Genetics and Crime 142

Evolutionary Views of Crime 143

Psychological Trait View 144 The Psychodynamic Perspective 145

The Behavioral Perspective: Social Learning Theory 145

Policies and Issues in Criminology VIOLENT MEDIA/VIOLENT BEHAVIOR? 146

Cognitive Theory 149

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Personality and Crime 150

Policies and Issues in Criminology CRIMINAL SUSCEPTIBILITY 151

Psychopathic/Antisocial Personality 151

Profiles in Crime THE ICEMAN: A TRUE SOCIOPATH 153

Intelligence and Criminality 154

Mental Disorders and Crime 155 Crime and Mental Illness 155

Profiles in Crime ADAM LANZA AND THE NEWTOWN MASSACRE 157

Evaluation of Trait Theory 157

Social Policy and Trait Theory 158

Policy and Issues in Criminology COGNITIVE BEHAVIORAL THERAPY 159

CHAPTER 6

Social Structure Theory 170

Economic Structure and American Society 172 Living in Poverty 172

Child Poverty 173

Minority Group Poverty 173

Problems of the Lower Class 174

Social Structure and Crime 175

Policies and Issues in Criminology LABOR’S LOVE LOST 176

Social Structure Theories 177

Social Disorganization Theory 177 The Work of Shaw and McKay 178

The Social Ecology School 180

Collective Efficacy 183

Strain Theories 186 Theory of Anomie 186

Institutional Anomie Theory 187

Relative Deprivation Theory 188

General Strain Theory (GST) 189

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Cultural Deviance Theory 192 Focal Concerns 192

Policies and Issues in Criminology THE CODE OF THE STREETS 194

Theory of Delinquent Subculture 195

Theory of Differential Opportunity 197

Social Structure Theory and Public Policy 198 Broken Windows 199

CHAPTER 7

Social Process Theory 210

Institutions of Socialization 213 Family Relations 213

Educational Experience 215

Peer Relations 216

Religion and Belief 217

Social Learning Theories 218 Differential Association Theory 218

Profiles in Crime THE AFFLUENZA CASE 221

Differential Reinforcement Theory 222

Neutralization Theory 222

Policies and Issues in Criminology WHITE-COLLAR NEUTRALIZATION 225

Evaluating Learning Theories 226

Social Control Theory 226 Hirschi’s Social Control Theory 226

Testing Social Control Theory: Supportive Research 228

Critiquing Social Control Theory 229

Social Reaction (Labeling) Theory 230 Consequences of Labeling 231

Primary and Secondary Deviance 233

Criminal Careers 233

Differential Enforcement 234

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Long-Term Effects of Labeling 234

Is Labeling Theory Valid? 235

Social Process Theory and Public Policy 236

CHAPTER 8

Social Conflict, Critical Criminology, and Restorative Justice 248

Origins of Critical Criminology 250 Critical Criminology in the United States 252

Contemporary Critical Criminology 253

How Critical Criminologists Define Crime 253

How Critical Criminologists View the Cause of Crime 254 Failing Social Institutions 255

Globalization 255

State-Organized Crime 257

Policies and Issues in Criminology ARE WRONGFUL CONVICTIONS A STATE CRIME? 260

Instrumental vs. Structural Theory 261 Instrumental Theory 261

Profiles in Crime RUSSIAN STATE-ORGANIZED CRIME 262

Structural Theory 263

Research on Critical Criminology 263 Race and Justice 263

Alternative Views of Critical Theory 264 Left Realism 264

Policies and Issues in Criminology LEFT REALISM AND TERROR 265

Critical Feminist Theory: Gendered Criminology 266

Power–Control Theory 269

Peacemaking Criminology 270

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Critical Theory and Public Policy: Restorative Justice 271 The Concept of Restorative Justice 271

Reintegrative Shaming 272

The Process of Restoration 273

The Challenge of Restorative Justice 276

CHAPTER 9

Developmental Theories: Life Course, Propensity, and Trajectory 284

Foundations of Developmental Theory 286 Three Views of Criminal Career Development 287

Population Heterogeneity vs. State Dependence 288

Life Course Theory 289 Age of Onset 290

Problem Behavior Syndrome 291

Continuity of Crime 291

Age-Graded Theory 292

Policies and Issues in Criminology HUMAN AGENCY, PERSONAL ASSESSMENT, CRIME, AND DESISTANCE 296

Social Schematic Theory (SST) 297

Policies and Issues in Criminology SHARED BEGINNINGS, DIVERGENT LIVES 298

Latent Trait/Propensity Theory 300 Crime and Human Nature 300

General Theory of Crime (GTC) 301

Trajectory Theory 304 Age and Offending Trajectories 304

Personality and Offending Trajectories 305

Chronic Offenders and Non-offenders 305

Pathways to Crime 306

Adolescent-Limited and Life Course Persistent

Offenders 306

Public Policy Implications of Developmental Theory 308

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PART 3 Crime Typologies

CHAPTER 10

Violent Crime 318

Causes of Violence 320 Personal Traits 320

Child Abuse and Neglect 321

Human Instinct 321

Policies and Issues in Criminology VIOLENCE AND HUMAN NATURE 322

Exposure to Violence 323

Substance Abuse 323

Firearm Availability 323

Cultural Values 324

National Values 324

Policies and Issues in Criminology AMERICAN CULTURE AND HOMICIDE 325

Rape 325 Incidence of Rape 326

Patterns of Rape and Sexual Assault 327

Types of Rapists 327

Types of Rape 328

Causes of Rape 331

Rape and the Law 332

Murder and Homicide 334 Degrees of Murder 335

Nature and Extent of Murder 336

Murderous Relations 336

Policies and Issues in Criminology HONOR KILLINGS 338

Serial Killers, Mass Murderers, and Spree

Killers 340

Policies and Issues in Criminology MASS SHOOTERS: WHY DO SOME LIVE AND WHY DO SOME DIE? 344

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Assault and Battery 345 Nature and Extent of Assault 345

Acquaintance and Family Assaults 345

Dating Violence 347

Robbery 347 Robbers in Action 348

Choosing Targets 348

Contemporary Forms of Interpersonal Violence 350 Hate Crimes 350

Workplace Violence 352

Stalking 353

CHAPTER 11

Political Crime and Terrorism 366

Political Crime 369

Profiles in Crime EDWARD SNOWDEN 370

The Nature of Political Crimes 370

Becoming a Political Criminal 371

Types of Political Crimes 372 Election Fraud 372

Abuse of Office/Public Corruption 374

Treason 374

Espionage 375

State Political Crime 377

Terrorism 378 Defining Terrorism 378

Terrorist and Guerilla 379

Terrorist and Insurgent 380

Terrorist and Revolutionary 380

A Brief History of Terrorism 381

Contemporary Forms of Terrorism 382 Political Terrorism 382

Revolutionary Terrorism 384

Nationalist Terrorism 384

Retributive Terrorism 385

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Policies and Issues in Criminology THE ISLAMIC STATE 386

State-Sponsored Terrorism 387

Lone Actor Terrorists 388

What Motivates the Terrorist? 389 Psychological View 389

Alienation View 390

Family Conflict View 390

Political View 391

Socialization/Friendship View 391

Ideological View 391

Explaining State-Sponsored Terrorism 392

Extent of the Terrorism Threat 392

Criminal Justice Response to Terrorism 393 Combating Terrorism with Law Enforcement 393

Combating Terrorism with the Law 396

Combating Terrorism with Politics 398

CHAPTER 12

Economic Crimes: Blue- Collar, White-Collar, and Green-Collar 404

History of Economic Crimes 406 Development of White-Collar and Green-Collar Crime 407

Blue-Collar Crimes and Criminals 408 Larceny 408

Burglary 413

Arson 414

White-Collar Crime 415 Business Frauds and Swindles 416

Profiles in Crime FERTILITY FRAUD 417

Chiseling 418

Exploitation 418

Influence Peddling 419

Employee Fraud and Embezzlement 421

Client Fraud 422

Corporate Crime 423

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Green-Collar Crime 425 Defining Green-Collar Crime 425

Forms of Green Crime 426

Policies and Issues in Criminology THE DEEPWATER HORIZON 430

Theories of White-Collar and Green-Collar Crime 431 Rational Choice: Greed 431

Rational Choice: Need 431

Rationalization/Neutralization View 432

Cultural View 432

Self-Control View 432

Controlling White-Collar and Green-Collar Crime 433 Environmental Laws 433

Enforcing the Law 434

Deterrence vs. Compliance 435

CHAPTER 13

Public Order Crimes 444

Law and Morality 446 Are Victimless Crimes Victimless? 447

The Theory of Social Harm 448 Moral Crusaders and Moral Crusades 449

Sex-Related Offenses 450

Paraphilias 451 Pedophilia 451

Prostitution 452 History of Prostitution 453

Policies and Issues in Criminology SEX WORK IN CONTEMPORARY SOCIETY 454

Incidence of Prostitution 454

Policies and Issues in Criminology THE INTERNATIONAL SEX TRADE 456

Types of Prostitutes 458

Becoming a Prostitute 459

Legalize Prostitution? 460

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Pornography 461 Is Pornography Harmful? 462

Does Viewing Pornography Cause Violence? 462

Pornography and the Law 463

Substance Abuse 464 When Did Drug Use Begin? 465

Alcohol and Its Prohibition 465

Extent of Substance Abuse 466

Causes of Substance Abuse 467

Policies and Issues in Criminology THE OPIOID EPIDEMIC 468

Policies and Issues in Criminology SUBSTANCE ABUSE AND PSYCHOSIS 469

Substance Abuse and Crime 471

Drugs and the Law 472

Drug Control Strategies 473

Legalization of Drugs 478

CHAPTER 14

Crimes of the New Millennium: Cybercrime and Transnational Organized Crime 488

Contemporary Cybercrime 490

Cybertheft: Cybercrimes for Profit 491 Theft from ATMs 491

Distributing Illicit or Illegal Services and Material 492

Distributing Dangerous Drugs 493

Profiles in Crime THE LOST BOY CASE 494

Denial-of-Service Attack 495

Internet Extortion/Ransomware 495

Illegal Copyright Infringement 496

Internet Securities Fraud 497

Identity Theft 497

Etailing Fraud 499

Cybervandalism: Cybercrime with Malicious Intent 500 Worms, Viruses, Trojan Horses, Logic Bombs, and Spam 501

Website Defacement 502

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xiiiCONTENTS

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Cyberstalking 502

Cyberbullying 503

Policies and Issues in Criminology UPSKIRTING, DOWNBLOUSING, AND REVENGE PORN: SHOULD NONCONSENSUAL PORNOGRAPHY BE CRIMINALIZED? 504

Cyberspying 507

The Costs of Cybercrime 507

Combating Cybercrime 508 International Treaties 509

Cybercrime Enforcement Agencies 509

Cyberwar: Politically Motivated Cybercrime 510 Cyberespionage 511

Cyberterrorism 511

Policies and Issues in Criminology TERRORISM ON THE NET 512

Combating Cyberwar 514

Transnational Organized Crime 514 Characteristics of Transnational Organized Crime 515

Activities of Transnational Organized Crime 515

Transnational Gangs 516

Controlling Transnational Crime 520

Glossary G-1

Name Index NI-1

Subject Index SI-1

xiv CONTENTS

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I n 2017, the operator of the world’s largest child pornography website was sen- tenced to serve 30 years in prison. The case began in August 2014, when Steven Chase created the Playpen, a website using the Tor Project hidden service pro- tocol, which allows for an open network on the Internet where users can com-

municate anonymously. Tor software conceals its users’ identities and their online activity from surveillance and traffic analysis by separating identification and routing. It encrypts and then randomly bounces communications through a network of relays run by volunteers around the globe.

Chase served as lead administrator of Playpen, through which he and more than 150,000 other members viewed tens of thousands of postings of young victims, sorted by age, sex, and the type of sexual activity involved. In addition to Tor, website mem- bers employed other advanced technological means to thwart identification, includ- ing elaborate file encryption.

Chase chose the name of the website, selected and made payments to the website hosting company, regularly updated the site with new features and security fixes, promoted several site members to administrator and moderator status to assist with the administration of the criminal enterprise, and spent hundreds of hours logged in, personally authoring hundreds of postings. He was arrested following a court-autho- rized search of his home that revealed he was in possession of thousands of images depicting the sexual abuse of children as young as infants and toddlers.

Following Chase’s arrest, federal agents pierced through the anonymity provided by the Tor network and obtained IP addresses and other information to identify other site users. As a result of the investigation, at least 350 US-based individuals have been arrested, 25 producers of child pornography have been prosecuted, 51 alleged hands- on abusers have been prosecuted, and 55 American children who were subjected to sexual abuse have been successfully identified or rescued. The ongoing international investigation has led to least 520 arrests, and the successful identification and rescue of at least 186 children who were subjected to sexual abuse.

The Playpen case demonstrates the complex nature of crime today. Contem- porary criminals, whether they be pornographers, gang members, or terrorists, are adept at using the Internet to carry out their criminal enterprise schemes. While some crimes are local, others are global in their reach. It is not surprising that many Americans are concerned about crime and worried about becoming victims of crime themselves. We alter our behavior to limit the risk of victimization and question whether legal punishment alone can control criminal offenders. We watch movies and TV shows about law firms and their clients, fugitives, and stone-cold killers. We are shocked when the news media offers graphic accounts of school shootings, po- lice brutality, and sexual assaults. We are swayed when politicians claim that crime is on the upswing and that we must arm ourselves to protect loved ones. Is any- where safe? Twenty years ago, no states had laws that allowed guns on university campuses. Today, 10 states have signed such laws, while 20 others are considering college carry laws.

I, too, have had a lifelong interest in crime, law, and justice. Why do people be- have the way they do? What causes someone like Steven Chase to operate a global kiddie porn site? Was his behavior the result of a diseased mind and personality? And

xv

Preface

Steven Chase

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xvi PREFACE

what should be done with people who commit such horrendous crimes? Is 30 years in prison too severe a sentence for someone who distributes child pornography, or too lenient? Can draconian punishments convince others that “crime does not pay”?

Goals of This Book For more than 40 years, I have channeled my fascination with issues related to crime and justice into a career as a student and teacher of criminology. My goal in writing this text is to help students share the same enthusiasm for criminology that has sus- tained me during my teaching career. What could be more important or fascinating than a field of study that deals with such wide-ranging topics as the motivation for mass murder, the effects of violent media on young people, drug abuse, and orga- nized crime? Criminology is a dynamic field, changing constantly with the release of major research studies, Supreme Court rulings, and governmental policy. Its dyna- mism and diversity make it an important and engrossing area of study.

One reason why the study of criminology is so important is that debates continue over the nature and extent of crime and the causes and prevention of criminality. Some view criminals as society’s victims who are forced to violate the law because of poverty and lack of opportunity. Others view antisocial behavior, such as the Playpen website, as a product of mental and physical abnormalities, present at birth or soon after, that are stable over the life course. Still another view is that crime is a function of the rational choice of greedy, selfish people who can be deterred from engaging in criminal behavior only by the threat of harsh punishments. It all comes down to this: Why do people do the things they do? How can we explain the intricacies and diver- sity of human behavior?

Because interest in crime and justice is so great and so timely, this text is designed to review these ongoing issues and cover the field of criminology in an organized and comprehensive manner. It is meant as a broad overview of the field, an introduction to whet the reader’s appetite and encourage further and more in-depth exploration. I try to present how the academic study of criminology intersects with real-world issues. For example, diversity is a key issue in criminology and a topic that has im- portant real-world consequences. Therefore, the text attempts to integrate issues of racial, ethnic, gender, and cultural diversity throughout. The book covers the killing of Michael Brown in Ferguson, Missouri, and racial differences in economic and so- cial factors related to crime.

My primary goals in writing this text were as follows:

1. To separate the facts from the fiction about crime and criminality 2. To provide students with comprehensive and wide-ranging knowledge of crimi-

nology and show its diversity and intellectual content 3. To be as thorough and up-to-date as possible 4. To be objective and unbiased 5. To describe current theories, crime types, and methods of social control, and to

analyze their strengths and weaknesses 6. To show how criminological thought has influenced social policy

Features FACT OR FICTION? A main goal of this edition is to expose some of the myths that cloud people’s thinking about crime and criminals. The media often paints a distorted picture of the crime problem in America and focuses only on the most sensational cases. Is the crime rate really out of control? Are unemployed people inclined to com- mit crime? Are immigrants more crime prone than the native-born, as some politi- cians suggest? Are married people less crime prone than singles? Distinguishing what is true from what is merely legend is one of the greatest challenges for instructors in criminology courses. Therefore, a goal of this text is disabuse students of incorrect

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xviiPREFACE

notions, perceptions, and biases. Each chapter opens with a set of statements high- lighting common perceptions about crime that are related to the material discussed in the chapter. In the text, these statements are revisited so the student will become skilled at distinguishing the myths from the reality of crime and criminality.

CONCEPT SUMMARY There are ongoing debates about the nature and extent of crime and the causes and prevention of criminality. I try to present the various view- points on each topic and then draw a conclusion based on the weight of the existing evidence. Students become familiar with this kind of analysis by examining Concept Summary boxes that compare different viewpoints, reviewing both their main points and their strengths.

THINKING LIKE A CRIMINOLOGIST It is important for students to think critically about law and justice and to develop a critical perspective toward the social insti- tutions and legal institutions entrusted with crime control. Throughout the book, students are asked to critique research highlighted in boxed material and to think “outside the box,” as it were. To aid in this task, each chapter ends with a brief section called Thinking Like a Criminologist, which presents a scenario that can be analyzed with the help of material found in the chapter and a suggested writing assignment to expand knowledge on the issue.

POLICIES AND ISSUES IN CRIMINOLOGY Throughout the book, every attempt is made to access the most current research and scholarship available. Most people who use the book have told me that this is one of its strongest features. I have attempted to present current research in a balanced fashion, even though this approach can be frustrating to students. It is comforting to reach an unequivocal conclusion about an important topic, but sometimes that simply is not possible. In an effort to be objec- tive and fair, I have presented each side of important criminological debates in full. Throughout the text, boxed features titled Policies and Issues in Criminology review critically important research topics. In Chapter 13, for example, this feature covers the current opioid epidemic that is sweeping the United States and analyzes its cause and effects.

PROFILES IN CRIME These features are designed to present to students actual crimes that help illustrate the position or views within the chapter. In Chapter 12, a Profiles in Crime feature entitled “Fertility Fraud” looks at the case of Allison Layton, who owned a company called Miracles Egg Donation. Layton earned a prison sentence for cheating vulnerable would-be parents out of tens of thousands of dollars for phony egg donation and surrogacy services.

CONNECTIONS are short inserts that help link the material to other areas covered in the book. A Connections insert in Chapter 14 points out how cyberspace is being used to facilitate public order crimes (covered in Chapter 13) by being a conduit to illegally distribute prescription drugs, advertise prostitution, and disseminate pornography.

CHAPTER OUTLINES provide a roadmap to coverage and serve as a useful review tool.

LEARNING OBJECTIVES spell out what students should learn in each chapter and are reinforced via a direct link to the end-of-chapter summary as well as all of the text’s ancillary materials.

A RUNNING GLOSSARY in the margins ensures that students understand words and concepts as they are introduced.

In sum, the text has been carefully structured to cover relevant material in a comprehensive, balanced, and objective fashion. Every attempt has been made to make the presentation of material interesting and contemporary. No single political or

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xviii PREFACE

theoretical position dominates the text; instead, the many diverse views that are con- tained within criminology and characterize its interdisciplinary nature are presented. While the text includes analysis of the most important scholarly works and scientific research reports, it also includes a great deal of topical information on recent cases and events, such as the story of Owen Labrie and the St. Paul’s School rape case and Dylann Roof and the Charleston massacre.

Topic Areas Criminology: The Core is a thorough introduction to this fascinating field and is intended for students in introductory courses in criminology. It is divided into three main sec- tions or topic areas.

PART 1 provides a framework for studying criminology. The first chapter defines the field and discusses its most basic concepts: the definition of crime, the component areas of criminology, the history of criminology, the concept of criminal law, and the ethical issues that arise in this field. Chapter 2 covers criminological research meth- ods, as well as the nature, extent, and patterns of crime. Chapter 3 is devoted to the concept of victimization, including the nature of victims, theories of victimization, and programs designed to help crime victims.

PART 2 contains six chapters that cover criminological theory: Why do people be- have the way they do? Why do they commit crimes? These views focus on choice (Chapter 4), biological and psychological traits (Chapter 5), social structure and cul- ture (Chapter 6), social process and socialization (Chapter 7), social conflict (Chapter 8), and human development (Chapter 9).

PART 3 is devoted to the major forms of criminal behavior. The chapters in this sec- tion cover violent crime (Chapter 10), political crime and terrorism (Chapter 11), blue-collar, white-collar, and green-collar crimes (Chapter 12), public order crimes, including sex offenses and substance abuse (Chapter 13), and cybercrime and trans- national organized crime (Chapter 14).

What’s New in This Edition: Chapter-by-Chapter Changes

Chapter 1 Chapter 1 now begins with a vignette on the 2015 terror attack in San Bernardino, California, that killed 14 people and wounded 22 others. There is discussion of Glossip v. Gross, a case that illustrates how the Supreme Court relies on social science research to reach decisions. There is also a review of research aimed at determining whether people who view pornography are also more likely to commit violence against women. A Pro- files in Crime feature entitled “A Shooting in Ferguson” reviews the case of Michael Brown, an African American youth killed in what proved to be a highly controversial confrontation with a police officer. There is new information on drug legalization: a number of states have now legalized recreational use of marijuana, while others have legalized it for medical purposes. A Policies and Issues in Criminology feature, “Hate Crime in Georgia,” considers whether the punishment was appropriate to the crime.

Chapter 2 Chapter 2’s opening vignette looks at a recent crime committed by members of MS-13, a violent international criminal organization based in El Salvador and Honduras. The data on crime and victimization have been updated. There is new information in the Policies and Issues features on international crime trends and factors that shape criminal activity.

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xixPREFACE

Chapter 3 Chapter 3 begins with the discussion of the infamous St. Paul’s School rape case in which a young student was sexually assaulted by a classmate as part of a ritual in which senior boys attempt to seduce freshman girls. There is a new discussion on the different meth- ods that have been developed to measure the cost of victimization to American society. A new section looks at the stress abuse victims encounter in childhood that endures into adulthood. There is recent data from the National Center for Educational Statistics on victimization among students. Research is covered that shows that racial stereotypes af- fect criminal decision making. Research showing that people with particular and distinct mental and physical traits are more likely to suffer victimization is discussed.

Chapter 4 Chapter 4 begins with a vignette on an Ohio man, Michael Wymer, whose case aptly illustrates the concept of rational choice in criminal decision making. There is a new section on criminal competence, which may be an important element in structuring criminality. Research is covered that shows that criminals choose targets in familiar places, where they know their way around and won’t get lost or trapped. Research now shows that neighborhoods with medical marijuana dispensaries have a high risk of armed robbery and resulting murders. A new section called “Getting Away” dis- cusses escape mechanisms employed during criminal acts. A new Profiles in Crime feature looks at how auto thieves plan their crimes. There is an updated section on the installation of closed-circuit television (CCTV) surveillance cameras and improved street lighting. Another new section looks at criminal compulsion. A Policies and Is- sues in Criminology feature looks at racial disparity in state prisons. There are new sections on courts, sentencing, corrections, and rational choice theory.

Chapter 5 Chapter 5 begins with a vignette on Chris Harper Mercer, a troubled young man who opened fire at Umpqua Community College in Oregon, killing nine people and wounding seven others before being killed after exchanging gunfire with responding police officers. There is new data on adolescent boys with antisocial substance disor- der (ASD) who repeatedly engage in risky antisocial behavior. Research is covered that shows that antisocial children have lower resting heart rates than the general population. Meta-analysis of existing research finds that lack of attachment predicts involvement in a broad spectrum of criminal activity. A new Policies and Issues in Criminology feature entitled “Criminal Susceptibility” argues that the link between personality traits and crime flows through an individual’s resistance or susceptibility to crime-promoting experiences. A new Profiles in Crime feature covers Adam Lanza and the Sandy Hook Elementary School massacre.

Chapter 6 Chapter 6 begins with a vignette on the tragic case of Aaron Hernandez, the pro-foot- ball star who could not shake the street values that shaped his early life. New material on economic structure and American society reviews such issues as stratification, class economic disparity, white privilege, and racial conflict. A new Policies and Issues in Criminology feature entitled “Labor’s Love Lost” reviews the book by Andrew Cherlin that provides an explanation of the toll income and educational inequality take on soci- ety. Research is presented on how destructive commercial institutions can destabilize a neighborhood and increase the rate of violent crimes.

Chapter 7 Chapter 7’s opening vignette looks at the case of Stanford University student ath- lete Brock Turner, who was convicted of sexually assaulting an unconscious woman behind a dumpster and received a six-month jail sentence for his crime. New research

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xx PREFACE

shows that youth who are suspended or expelled from school are the ones most likely to have problems over the life course. A Profiles in Crime feature entitled “The Af- fluenza Case” looks at what happened to Ethan Couch, a 16-year-old Texas boy, who killed four people while driving drunk. A new Policies and Issues in Criminology fea- ture, “White-Collar Neutralization,” reviews research that shows that white-collar criminals use neutralization techniques before engaging in business crimes. There is a new section covering Per-Olof H. Wikstrom’s Situational Action Theory (SAT), which maintains that when people are socialized to have a strong sense of morality, if con- fronted or exposed to criminal opportunity, their sense of ethics and principles will guide their behavior. There is also a new section on the long-term effects of labeling.

Chapter 8 Chapter 8 opens with a vignette on the political conflict that dominated the 2016 pres- idential election. There is new coverage of income including research sponsored by the Pew Foundation that shows that the wealth gap between America’s high-income group and everyone else has now reached record high levels. There is a new section on justice system inequality that discusses how critical thinkers believe that racial and ethnic minorities are now the target of racist police officers and unfair prosecutorial practices. A Policies and Issues in Criminology box asks the provocative question “Are Wrongful Convictions a State Crime?” There is discussion on how critical feminists show that sexual and other victimization of girls is a function of male socialization because so many young males learn to be aggressive and to exploit women.

Chapter 9 Chapter 9’s opening vignette covers the horrific murders of Jennifer, Michaela, and Hayley Petit during a home invasion in Cheshire, Connecticut. A new Policies and Issues in Criminology feature entitled “Human Agency, Personal Assessment, Crime, and Desistance” looks at the research of Robert Agnew and Steven Messner, which shows that human agency plays a major role in shaping personal assessments and behaviors. A new section entitled “Personality and Offending Trajectories” shows that the reason why some offenders start early, others late, and some not at all may be linked to psychological problems and disturbance.

Chapter 10 Chapter 10 opens with an update on the Dylann Roof case; he was sentenced to death after being convicted in federal court on 33 hate crime charges. Randol Con- treras’s influential book Stickup Kids: Race, Drugs, Violence, and the American Dream is covered. A Policies and Issues in Criminology feature entitled “American Culture and Homicide” covers the work of social historian Randolph Roth, who charts changes in the homicide rate in the United States from colonial times to the present. There is a section that looks at date and acquaintance rape on college campuses; data from a national survey of sexual assault on campus are presented. A new section, “Sex in Authority Relations,” reviews the legislation making it a crime for people in power to have sexual relations with those they control or supervise. A Policies and Issues in Criminology feature looks at mass shooters: Why do some live and some die? A new section, “Targeting Criminals,” reviews how some robbers target fellow criminals—for example, drug dealers—because they are inviting targets.

Chapter 11 Chapter 11 updates the case of Julian Assange and WikiLeaks, and how the 2016 presidential election was influenced by the release of emails hacked from Clinton campaign computers. A Profiles in Crime feature covers the Edward Snowden case. Voting fraud is now covered in some detail. A Policies and Issues in Criminology fea- ture on the history and activities of the Islamic State has been updated. We also re- view the US Freedom Act, which replaced the Patriot Act.

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xxiPREFACE

Chapter 12 Chapter 12 reviews the activities of the Cuban Mob, a gang of commercial thieves who made off with $60 million worth of pharmaceuticals. Data are updated on shop- lifting and retail theft: in a given year, total retail losses are approximately $44 billion. There is new information on the increase in highly organized professionals involved in auto theft. A Profiles in Crime feature entitled “Fertility Fraud” looks at the crimes of Allison Layton, who cheated would-be parents at her fertility clinic. There is cover- age of recent Foreign Corrupt Practices Act (FCPA) cases, illegal logging, and importa- tion of wildlife that has brought some species, such as the northern white rhinoceros and the western black rhinoceros, to near extinction.

Chapter 13 Chapter 13 begins with a vignette on Larry Nassar, a central figure in USA gymnastics, and how his downfall began when young female athletes accused him of sexual assault and federal investigators found child pornography on his computer. The most challenged or banned library books are set out. There is new material on the history of prostitution, including how in 1908 officials in Salt Lake City, Utah, hired Dora Topham, the leading madam of Ogden, to operate a legal red-light district called the stockade. The Policies and Issues in Criminology feature “Sex Work in Contemporary Society” is updated to include survival sex among LGBTQ youth. Another Policies and Issues feature, “The In- ternational Sex Trade,” is updated with the latest report by the UN on human trafficking. There is a new Policies and Issues in Criminology feature on the opioid epidemic that is sweeping the country. There is new material on the link between drugs and crime; re- search projects find that they are highly correlated.

Chapter 14 Chapter 14 begins with the case of Kassandra Cruz, a Miami woman sent to prison for cyberstalking and extortion. New data are presented on how the crime rate in Eng- land and Wales doubled in 2015 when cybercrime began to be included. New data are presented that show that a conservative estimate of the annual cost to the global economy from cybercrime is now more than $400 billion and losses may be as high as $575 billion. A new section entitled “Internet Extortion/Ransomware” discusses how computers around the world are attacked by hackers. There is a new Policies and Issues in Criminology box on revenge porn and efforts to penalize people who post non-consensual sexually explicit photos online. Data are presented on cyberbullying that show on average about 28 percent of kids experience this form of harassment. A Policies and Issues in Criminology feature discusses how the Islamic State uses the Internet to recruit and raise funds.

Supplements An extensive package of supplemental aids is available for instructor and student use with this edition of Criminology: The Core. Supplements are available to qualified adopters. Please consult your local sales representative for details.

For the Instructor ONLINE INSTRUCTOR’S MANUAL The manual includes learning objectives, key terms, a detailed chapter outline, student activities, and media tools. The learning ob- jectives are correlated with the discussion topics, student activities, and media tools. The manual is available for download on the password-protected website and can also be obtained by e-mailing your local Cengage Learning representative.

ONLINE TEST BANK Each chapter of the test bank contains questions in multiple- choice, true/false, completion, and essay formats, with a full answer key. The test bank is coded to the learning objectives that appear in the main text, references to

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xxii PREFACE

the section in the main text where the answers can be found, and Bloom’s taxonomy. Finally, each question in the test bank has been carefully reviewed by experienced criminal justice instructors for quality, accuracy, and content coverage. The Test Bank is available for download on the password-protected website and can also be obtained by e-mailing your local Cengage Learning representative.

CENGAGE LEARNING TESTING, POWERED BY COGNERO This assessment software is a flexible, online system that allows you to import, edit, and manipulate test bank content from the Criminology: The Core test bank or elsewhere, including your own fa- vorite test questions; create multiple test versions in an instant; and deliver tests from your LMS, your classroom, or wherever you want.

ONLINE POWERPOINT® LECTURES Helping you make your lectures more engag- ing while effectively reaching your visually oriented students, these handy Microsoft PowerPoint slides outline the chapters of the main text in a classroom-ready presenta- tion. The PowerPoint slides are updated to reflect the content and organization of the new edition of the text and feature some additional examples and real-world cases for application and discussion. Available for download on the password-protected in- structor companion website, the presentations can also be obtained by e-mailing your local Cengage Learning representative.

For the Student MINDTAP FOR CRIMINOLOGY With MindTap™ Criminal Justice for Criminology: The Core, you have the tools you need to better manage your limited time, with the abil- ity to complete assignments whenever and wherever you are ready to learn. Course material that is specially customized for you by your instructor in a proven, easy- to-use interface keeps you engaged and active in the course. MindTap helps you achieve better grades today by cultivating a true understanding of course concepts, and with a mobile app to keep you on track. With a wide array of course-specific tools and apps—from note taking to flashcards—you can feel confident that MindTap is a worthwhile and valuable investment in your education.

You will stay engaged with MindTap’s video cases and career scenarios and remain motivated by information that shows where you stand at all times—both individually and compared to the highest performers in class. MindTap eliminates the guesswork, focusing on what’s most important with a learning path designed specifi- cally by your instructor and for your criminology course. Master the most important information with built-in study tools such as visual chapter summaries and integrated learning objectives that will help you stay organized and use your time efficiently.

Acknowledgments The preparation of this book would not have been possible without the aid of my col- leagues who helped by reviewing the previous editions and gave me important sug- gestions for improvement.

My partners at Cengage Learning have done their typically outstanding job of aiding me in the preparation of this text and putting up with my yearly angst. Caro- lyn Henderson Meier, my wonderful product team manager, is always an inspiration; Shelley Murphy is both my content developer and dear friend. Kim Adams Fox did an outstanding job on photo research. Both Mary Kanable and Susan Gall are excel- lent proofreaders and I’m grateful for their thoughtful and smart comments. Linda Jupiter, the book’s production editor, is another confidant and friend. I really appreci- ate the help of Lunaea Weatherstone, who in addition to being a great copy editor is also my oracle and personal life coach. The sensational Christy Frame is an extraordi- nary senior content project manager, and senior marketing manager Mark Linton is equally fantastic.

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CRIMINOLOGY THE CORE

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Joe Raedle/Getty Images News/Getty Images

Crime and Criminology

Learning Objectives LO1 Explain the various elements of criminology. LO2 Differentiate between crime and deviance. LO3 Analyze the three different views of the definition of crime. LO4 Articulate the different purposes of the criminal law. LO5 Outline the criminal justice process. LO6 Summarize the ethical issues in criminology.

Syed Rizwan Farook Tashfeen Malik

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3

O n December 2, 2015, Syed Rizwan

Farook and Tashfeen Malik, residents of

Redlands, California, attacked a holiday

party being held for employees at the

San Bernardino County Department of Public

Health. Armed with semi-automatic weapons, they

killed 14 people; 22 others were seriously injured.

Farook, who worked for the health department,

was an American-born citizen of Pakistani decent,

while Malik, his wife, was Pakistani-born and a

lawful permanent resident; they had a 6-month-old

daughter. After the shooting, the couple fled the

scene in a rented SUV and were killed in a shootout

with pursuing police.

Farook and Malik are considered homegrown

violent extremists, inspired by but not directed by

a foreign group; they were not part of any known

terrorist cell. Farook visited Pakistan in 2014 and

returned with Malik, who traveled on a Pakistani

passport with a fiancée visa. They also visited Saudi

Arabia, but their radicalization is believed to have

been via the Internet. After they returned from

abroad, the couple began to stockpile weapons,

thousands of rounds of ammunition, and bomb-

making equipment in their home.1

The San Bernardino attack was all too reminiscent

of other terrorist incidents on American soil:

●● On April 15, 2013, Dzhokhar and Tamerlan

Tsarnaev set off bombs at the Boston Marathon

finish line, killing three people, and maiming

and injuring at least 264. The Tsarnaev brothers,

though born abroad and of Chechen descent,

had prospered in the United States; Dzhokhar

was attending a state university. Nonetheless,

the brothers clung to radical Islamic views and

blamed the US government for conducting a war

against Islam in Iraq and Afghanistan.2 ▸

1 Chapter Outline What Criminologists Do: The Elements of Criminology Criminal Statistics/Crime Measurement Sociology of Law/Law and Society/Sociolegal Studies Developing Theories of Crime Causation Explaining Criminal Behavior Penology: Punishment, Sanctions, and Corrections Victimology

A Brief History of Criminology Classical Criminology Positivist Criminology Sociological Criminology Conflict Criminology Developmental Criminology Contemporary Criminology

Deviant or Criminal? How Criminologists Define Crime Becoming Deviant The Concept of Crime

Profiles in Crime A SHOOTING IN FERGUSON

A Definition of Crime

Criminology and the Criminal Law Common Law Contemporary Criminal Law The Evolution of Criminal Law

Criminology and Criminal Justice The Criminal Justice System The Process of Justice

Policies and Issues in Criminology HATE CRIME IN GEORGIA

Ethical Issues in Criminology

FACT OR FICTION? ▸▸ Sex offender registration lists help deter potential offenders and reduce the incidence of child molestation.

▸▸ It’s a crime to ignore a drowning person’s cries for help.

▸▸ The definitions of long-established common-law crimes such as rape, robbery, and murder never change.

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4

●● On November 28, 2016, Somali refugee Abdul Razak Ali Artan

deliberately drove his car into pedestrians at Ohio State University.

Getting out of the car, he then attacked others with a butcher knife

before being shot and killed by the first responding OSU police officer.

Thirteen people were injured in the attack. Investigators believe that

Artan was inspired by terrorist propaganda from the Islamic State (IS)

and radical Muslim cleric Anwar al-Awlaki.3 ■

These and other high-profile terrorist incidents have spurred an ongoing national debate over the proper response to terrorism. In 2017, President Trump issued an executive order that prohibited residents from seven predominantly Muslim coun- tries from visiting the US to work or study. Another executive order focused on immi- grants who “pose a risk to public safety” and thereby made millions of undocumented people a priority for deportation.4 The ban provoked even greater debate. Supporters believed Tump’s order enhanced national security. Critics countered that the ban was unconstitutional; federal judges sided with the latter and blocked its implementation.

Widely publicized criminal acts, including terror attacks, have stimulated interest in criminology, an academic discipline that uses the scientific method to study the nature, extent, cause, and control of criminal behavior. This involves using valid and reliable procedures for the systematic collection, testing, and analysis of empirical evi- dence relevant to the problem under study.

What motivates people like Farook and Malik to turn on coworkers and people they knew in the name of Jihad? Or was that their real motive? Was their crime a matter of rational choice and decision making or the outcome of delusional thinking and mental illness?

Unlike political figures and media commentators, whose opinions about crime may be colored by personal experiences, biases, and election concerns, criminolo- gists remain objective as they study crime and its consequences.5 The field itself is far reaching, and subject matter ranges from street level drug dealing to interna- tional organized crime, from lone wolf terrorism to control of kiddie porn. It is an interdisciplinary field: while many criminologists have attended academic programs that award degrees in criminology or criminal justice, many criminologists have a background in other academic disciplines, including sociology, psychology, and legal studies.

In this chapter, we review the components of this diverse field of study, how this field developed, and how criminologists view crime and justice. We begin by examin- ing the focus and concerns of this intriguing academic discipline.

What Criminologists Do: The Elements of Criminology Several subareas exist within the broader arena of criminology. Some criminologists specialize in one area while ignoring others, and some are generalists whose research interests are wide ranging. What then are the most important subareas in the field?

Criminal Statistics/Crime Measurement The subarea of criminal statistics/crime measurement involves creating methodolo- gies that are able to accurately measure activities, trends, and patterns in crime and then using these tools to calculate amounts and developments in criminal activity: How much crime occurs annually? Who commits it? When and where does it occur? Which crimes are the most serious?

criminology The scientific study of the nature, extent, cause, and control of criminal behavior.

LO1 Explain the various elements of criminology.

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5Chapter 1 ■ CRiMe and CRiMinology

Criminologists interested in computing criminal statistics focus on creating valid and reliable measures of criminal behavior:

●● Criminologists help formulate techniques for collecting and analyzing official measures of criminal activities, such as crimes reported to the police.

●● To measure unreported criminal activity criminologists develop survey instru- ments designed to have victims report loss and injury that may not have been reported to the police.

●● Criminologists design methods that make it possible to investigate the cause of crime. They may create a self-administered survey with questions measuring an adolescent’s delinquent behaviors as well as social characteristics, education and occupation of parents, friendship patterns, and school activities. These sur- vey items can later be correlated in order to determine the associations among a variety of social factors and criminal activities, such as whether school failure is related to drug abuse.

Sociology of Law/Law and Society/Sociolegal Studies Variously called sociology of law, law and society, or sociolegal studies, this subarea of criminology is concerned with the social, political, and intellectual influences of law and legal activity; the sociology of legal institutions and legal processes; and consequences of law on society. According to the American Sociological Associa- tion, the sociology of law involves linking the study of law with such core socio- logical issues as social change and stability, order and disorder, the nation-state and capitalism. Research on sociolegal issues involves methodologically sophisticated empirical investigations as the central means of studying the dynamics of law in society.6

Criminologists who study the impact of law on society focus their attention on the role that social forces play in shaping criminal law and the role of criminal law in shaping society. They might investigate the history of legal thought in an effort to understand how criminal acts (such as theft, rape, and murder) evolved into their present form. They may also play an active role in suggesting legal changes that benefit society.

Criminologists who are interested in sociolegal scholarship evaluate the impact that new laws have on society. Take sex offender registration laws, which require convicted sex offenders to register with local law enforcement agencies whenever they move into a community. These provisions are often called Megan’s Laws, in memory of 7-year-old Megan Kanka. Megan was killed in 1994 by sex offender Jesse Timmendequas, who had moved unannounced into her New Jersey neighborhood. When criminologists conducted an in-depth study of the effectiveness of the New Jersey registration law they found that, although it was main- tained at great cost to the state, the system did not pro- duce effective results: Sex offense rates in New Jersey were in steep decline before the system was installed, and the rate of decline actually slowed down after 1995 when the law took effect; in some states arrests for sex offenses increased after the law took effect. Megan’s Law did not reduce the number of rearrests for sex offenses, nor did it have any demonstrable effect on the time between when sex offenders were released from prison and the time they were rearrested for any new offense, such as a drug offense, theft, or another sex offense.7 Such sociolegal scholarship helps policy makers deter- mine the effectiveness of legal change.

valid measure A measure that actually measures what it purports to measure; a measure that is factual.

reliable measure A measure that produces consistent results from one measurement to another.

Sex offender registration lists help deter potential offenders and reduce the incidence of child molestation.

FICTION Research indicates that registration has little effect on either offenders or rates of child molesting.

FACT OR FICTION?

Criminologists interested in the sociology of law conduct research on the effects of legal change on society. Take for example the Supreme Court’s ruling in Miller v. Alabama, barring mandatory life sentences for juveniles convicted of murder. Criminologists may be called upon to test public opinion on whether young offenders have the potential for rehabilitation. They may also try to explore whether adolescent brains have developed sufficiently to fully understand the consequences of their behavior.

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6 Part 1 ■ CONCEPTS OF CRIME, LAW, AND CRIMINOLOGY

Criminological research is also used extensively by the Supreme Court in shaping their decision making and creating legal precedence.8 Take what happened in these two important cases:

●● In Miller v. Alabama, the Supreme Court relied on social research that conclusively showed that juveniles are not fully capable of anticipating the consequences of their actions. This finding led the justices to conclude that it would be inappropri- ate and unconstitutional for juveniles to receive mandatory life sentences with- out the possibility of parole. If juveniles have a different mental capacity than adults, it seemed illogical that they should receive the same punishment; this would amount to cruel and unusual punishment.9

●● In Glossip v. Gross, Justices Breyer and Ginsburg relied on social science research by sociolegal scholar Samuel Gross and his colleagues showing that there is a sig- nificant likelihood of a wrongful conviction in death penalty cases. Why is this so? Because capital cases typically involve horrendous murders, and they generate intense community pressure on police, prosecutors, and jurors to secure a convic- tion. This pressure creates a greater likelihood of convicting the wrong person.10 Here a legal opinion was informed by social science research.

Developing Theories of Crime Causation Criminologists also explore the causes of crime. How do the mechanisms of past experience influence an individual’s propensity to offend? Is past behavior the best predictor of future behavior? Are the seeds of a criminal career planted early in life or do life events upend a person’s normal life course?

Some criminologists focus on the individual and look for an association between decision making, psychological and biological traits, and antisocial behaviors. Those who have a psychological orientation view crime as a function of personality, develop- ment, social learning, or cognition. Others investigate the biological correlates of anti- social behavior and study the biochemical, genetic, and neurological linkages to crime.

Those with a sociological orientation look at the social forces producing criminal behavior, including neighborhood conditions, poverty, socialization, and group inter- action. Their belief is that people are a “product of their environment” and anyone living in substandard conditions could be at risk to crime. Kids are deeply affected by what goes on in their family, school, and neighborhood, and these are the keys to understanding the development of antisocial behavior.

on november 13, 2015, 130 people were killed and another 350 injured in a series of terror attacks across Paris, including at the Stade de France (the French national stadium), at cafés and restaurants, and at the Bataclan Theater, where a concert was taking place. The attacks began when bombs were set off outside the Stade de France during a soccer match between France and germany. Hundreds of people ran from the stadium in panic. The islamic State (iS) claimed responsibility for the attacks, which involved groups of jihadists who simultaneously attacked numerous sites in the city. Soon after, French President François Hollande closed the nation’s borders and declared a state of emergency. The Paris attacks prompted massive retaliation on iS installations by France, the United States, and Russia. Criminologists conduct research on discovering what prompts people to join terror groups and what can be done to dissuade them from joining.

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7Chapter 1 ■ CRiMe and CRiMinology

Pinning down “one true cause” of crime remains a difficult problem because most people, even those living in the poorest disorganized neighborhood, or who suffered abuse and neglect as children, do not become criminals. If they did, there would be a lot more crimes committed each year than now occur. Since most of us are law abiding, despite enduring many social and psychological problems, it’s tough to pinpoint the conditions that inevitably lead to a criminal way of life. Crim- inologists are still unsure why, given similar conditions, some people choose crimi- nal solutions to their problems, whereas others conform to accepted social rules of behavior.

Explaining Criminal Behavior Another subarea of criminology involves research on specific criminal types and pat- terns: violent crime, theft crime, public order crime, organized crime, and so on. Nu- merous attempts have been made to describe and understand particular crime types. Marvin Wolfgang’s 1958 study Patterns in Criminal Homicide is a landmark analysis of the nature of homicide and the relationship between victim and offender. Wolfgang discovered that in many instances victims caused or precipitated the violent con- frontation that led to their death, spawning the term victim-precipitated homicide.11 Edwin Sutherland’s pioneering analysis of business-related offenses also helped coin a new phrase, white-collar crime, to describe economic crime activities of the affluent.12

Criminologists are constantly broadening the scope of their inquiry because new crimes and crime patterns are constantly emerging. Whereas 50 years ago they might have focused their attention on rape, murder, and burglary, they now may be looking at stalking, environmental crimes, cybercrime, terrorism, and hate crimes. Take for instance Internet porn, something that began being widely used in the 1990s and has been more frequently viewed ever since, especially by the younger generation.13 Today 46 percent of men and 16 percent of women between the ages of 18 and 39 intentionally view pornography in a given week.14 At the same time, there has been public outrage over sexual assaults on college campuses; several studies indicate that a substantial proportion of female students—between 18 and 20 percent—experience rape or some other form of sexual assault during their col- lege years.15 Is there a link between these two phenomena? To answer this ques- tion, criminologists are conducting research aimed at determining whether people who view pornography are also more likely to commit violence against women. So far the evidence finds a connection: watching Internet porn and sexual violence may actually be related.16

Penology: Punishment, Sanctions, and Corrections The study of penology involves efforts to control crime through the correction of criminal offenders. Some criminologists advocate a therapeutic approach to crime prevention that relies on the application of rehabilitation services; they direct their efforts at identifying effective treatment strategies for individuals convicted of law violations, such as relying on community sentencing rather than prison. Others argue that crime can be prevented only through the application of formal social control, through such measures as mandatory sentences for serious crimes and even the use of capital punishment as a deterrent to murder.

Criminologists interested in penology direct their research efforts at evaluating the effectiveness of crime control programs and searching for effective treatments that can significantly lower recidivism rates. An evaluation of the Risk-Need- Responsivity (RNR) program, which classifies people on probation and orders the placement of some in anger management and cognitive behavioral therapy pro- grams, has been found to cut the recidivism of high-risk offenders by as much as 20 percent.17

Not all penological measures work as expected. One might assume that inmates placed in the most punitive high-security prisons will “learn their lesson” and not

victim-precipitated homicide Refers to those killings in which the victim is a direct, positive precipitator of the incident.

white-collar crime Illegal acts that capitalize on a person’s status in the marketplace. White-collar crimes may include theft, embezzlement, fraud, market manipulation, restraint of trade, and false advertising.

penology Subarea of criminology that focuses on the correction and control of criminal offenders.

rehabilitation Treatment of criminal offenders that is aimed at preventing future criminal behavior.

mandatory sentences A statutory requirement that a certain penalty shall be carried out in all cases of conviction for a specified offense or series of offenses.

capital punishment The execution of criminal offenders; the death penalty.

recidivism Relapse into criminal behavior after apprehension, conviction, and correction for a previous crime.

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8 Part 1 ■ CONCEPTS OF CRIME, LAW, AND CRIMINOLOGY

dare to repeat their criminal offense. However, research shows that being sent to a high-security prison exposes inmates to the most violent peers who have a higher propensity for crime. This exposure may actually increase criminal behavior, rein- force antisocial attitudes, and ultimately increase recidivism—a finding that supports the need for careful penological research.18

Victimology Criminologists recognize that the victim plays a critical role in the criminal process and that the victim’s behavior is often a key determinant of crime.19 Victimology includes the following areas of interest:

●● Using victim surveys to measure the nature and extent of criminal behavior and to calculate the actual costs of crime to victims

●● Calculating probabilities of victimization risk ●● Studying victim culpability in the precipitation of crime ●● Designing services for crime victims, such as counseling and compensation

programs

Criminologists who study victimization have uncovered some startling results. For one thing, criminals have been found to be at greater risk of victimization than noncriminals.20 This finding indicates that rather than being passive targets who are “in the wrong place at the wrong time,” victims may themselves be engaging in a high-risk behavior, such as crime, that increases their victimization risk and renders them vulnerable to crime.

The various elements of criminology in action are summarized in Concept Summary 1.1.

A Brief History of Criminology How did this field of study develop? What are the origins of criminology? The sci- entific study of crime and criminality is a relatively recent development. During the Middle Ages (1200–1600), people who violated social norms or religious prac- tices were believed to be witches or possessed by demons.21 The use of cruel tor- ture to extract confessions was common. Those convicted of violent or theft crimes

victimology The study of the victim’s role in criminal events.

Concept Summary 1.1 Criminology in Action

The following subareas constitute the discipline of criminology.

Criminal statistics Gathering valid crime data. Devising new research methods; measuring crime patterns and trends.

Sociology of law/law and society/sociolegal studies

Determining the origin of law. Measuring the forces that can change laws and society.

Theory construction Predicting individual behavior. Understanding the cause of crime rates and trends.

Criminal behavior systems Determining the nature and cause of specific crime patterns. Studying violence, theft, organized crime, white-collar crime, and public order crimes.

Penology: punishment, sanctions, and corrections

Studying the correction and control of criminal behavior. Using the scientific method to assess the effectiveness of criminal sanctions designed to control crime through the application of criminal punishments.

Victimology Studying the nature and cause of victimization. Aiding crime victims; understanding the nature and extent of victimization; developing theories of victimization risk.

CHECKPOINTS

●▸ Criminologists engage in a variety of professional tasks.

●▸ Those who work in criminal statistics create accurate measures of crime trends and patterns.

●▸ Some criminologists study the origins and sociology of law.

●▸ Theorists interested in criminal development seek insight into the causes of crime.

●▸ Some criminologists try to understand and describe patterns and trends in particular criminal behaviors, such as serial murder or rape.

●▸ Penologists evaluate the criminal justice system.

●▸ Victimologists try to understand why some people become crime victims.

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9Chapter 1 ■ CRiMe and CRiMinology

suffered extremely harsh penalties, including whipping, branding, maiming, and execution.

Classical Criminology By the mid-eighteenth century, social philosophers began to argue for a more rational approach to punishment. Reformers stressed that the relationship between crime and punishment should be balanced and fair. This more moderate view of criminal sanc- tions can be traced to the writings of an Italian scholar, Cesare Beccaria (1738–1794), who was one of the first scholars to develop a systematic understanding of why peo- ple commit crime.

Beccaria believed that in choosing their behavior people act in their own self- interest: they want to achieve pleasure and avoid pain. People will commit crime when the potential pleasure and reward they believe they can achieve from illegal acts outweigh the threat of future punishment. To deter crime, punishment must be sufficient—no more, no less—to counterbalance the lure of criminal gain. If it were too lenient, people would risk committing crimes; too severe a punishment would be un- fair and encourage crimes. If rape were punished by death, rapists might be encouraged to kill their victims to prevent identification; after all, they would have nothing to lose if both rape and murder were punished equally. Beccaria’s famous theorem was that in order for punishment to be effective it must be public, prompt, necessary, the least possible in the given circumstances, proportionate, and dictated by law.22

The writings of Beccaria and his followers form the core of what today is referred to as classical criminology. As originally conceived in the eighteenth century, classi- cal criminology theory had several basic elements:

●● People have free will to choose criminal or lawful solutions to meet their needs or settle their problems.

●● Crime is attractive when it promises great benefits with little effort. ●● Crime may be controlled by the fear of punishment. ●● Punishment that is (or is perceived to be) severe, certain, and swift will deter

criminal behavior.

This classical perspective influenced judicial philosophy, and sentences were geared to be proportionate to the seriousness of the crime. Executions were still widely used but gradually came to be employed for only the most serious crimes. The catchphrase was “Let the punishment fit the crime.”

Positivist Criminology During the nineteenth century, a new vision of the world challenged the validity of classical theory and presented an innovative way of looking at the causes of crime. The scientific method was beginning to take hold in Europe and North America.

Auguste Comte (1798–1857), considered the founder of sociology, argued that societies pass through stages that can be grouped on the basis of how people try to understand the world in which they live. People in primitive societies believe that in- animate objects have life (for example, the sun is a god); in later social stages, people embrace a rational, scientific view of the world. Comte called this the positive stage, and those who followed his writings became known as positivists.

Positivism has a number of elements:

●● Use of the scientific method to conduct research. The scientific method is objec- tive, universal, and culture-free.

●● Predicting and explaining social phenomena in a logical manner. This means identifying necessary and sufficient conditions under which a phenomenon may or may not occur. Both human behavior and natural phenomena operate accord- ing to laws that can be measured and observed.

●● All beliefs or statements must be proved through empirical investigation guided by the scientific method. Such concepts as “God” and “the soul” cannot be

classical criminology Theoretical perspective suggesting that people choose to commit crime and that crime can be controlled if potential criminals fear punishment.

positivism The branch of social science that uses the scientific method of the natural sciences and suggests that human behavior is a product of social, biological, psychological, or economic forces that can be empirically measured.

scientific method The use of verifiable principles and procedures for the systematic acquisition of knowledge. Typically involves formulating a problem, creating hypotheses, and collecting data, through observation and experiment, to verify the hypotheses.

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10 Part 1 ■ CONCEPTS OF CRIME, LAW, AND CRIMINOLOGY

measured empirically and therefore are not the subject of scientific inquiry; they remain a matter of faith.

●● Science must be value-free and should not be influenced by the observer/scientist’s biases or political point of view.

EARLY CRIMINOLOGICAL POSITIVISM The earliest “scientific” studies examining human behavior now seem quaint and primitive. Physiognomists, such as J. K. Lavater (1741–1801), studied the facial features of criminals and found that the shape of the ears, nose, and eyes and the distances between them were associated with antiso- cial behavior. Phrenologists, such as Franz Joseph Gall (1758–1828) and Johann K. Spurzheim (1776–1832), studied the shape of the skull and bumps on the head and concluded that these physical attributes were linked to criminal behavior.23

By the early nineteenth century, abnormality in the human mind was being linked to criminal behavior patterns. Philippe Pinel, one of the founders of French psychiatry, coined the phrase manie sans delire to denote what eventually was referred to as a psychopathic personality.

In Italy, Cesare Lombroso (1835–1909), known as the “father of criminology,” began to study the cadavers of executed criminals in an effort to determine scientifi- cally how criminals differed from noncriminals. Lombroso was soon convinced that serious and violent offenders had inherited criminal traits. These “born criminals” suf- fered from “atavistic anomalies”; physically, they were throwbacks to more primitive times when people were savages and were believed to have the enormous jaws and strong canine teeth common to carnivores that devour raw flesh. Lombroso’s version of criminal anthropology was brought to the United States via articles and textbooks that adopted his ideas.24 By the beginning of the twentieth century, American au- thors were discussing “the science of penology” and “the science of criminology.”25

Sociological Criminology At the same time that biological views were dominating criminology, another group of positivists were developing the field of sociology to study scientifically the major social changes taking place in nineteenth-century society. The foundations of sociological criminology can be traced to the work of Émile Durkheim (1858–1917).26

According to Durkheim’s vision of social positivism, crime is normal because it is virtually impossible to imagine a society in which criminal behavior is totally absent.27 Durkheim believed that crime is inevitable because people are so different

▸▸▸▸▸▸CONNECTIONS Many of us have grown up with movies showing criminals as “homicidal maniacs.” Some may laugh, but Split, No Country for Old Men, Disturbia, American Psycho, Hannibal, and similar films are usually box office hits. See Chapter 5 for more on psychosis as a cause of crime.

sociological criminology Approach to criminology, based on the work of Émile Durkheim, that focuses on the relationship between social factors and crime.

Positivists use the scientific method to explain criminal behavior. Some look at social factors while others focus on physical and biological traits. Here, dr. Michael nicholas, a clinical psychologist from Paducah, Kentucky, displays a small red and white cube and a model of a human brain as he testifies in the Kevin Wayne dunlap murder trial. nicholas was using the props to show the approximate size of an abnormality detected in dunlap’s brain on MRi and PeT scans. nicholas was a defense witness testifying as to how the abnormality may have affected dunlap, who confessed to the killing of three children and the assault of their mother in october 2008. dunlap stabbed and killed a 5-year-old boy and his 14- and 17-year-old sisters in their home. He then raped and attempted to murder their mother by stabbing her. When he thought that the mother was dead, he set fire to the home and left. despite evidence that dunlap’s abnormal brain structure may have controlled his behavior, he was convicted of murder and sentenced to death.

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11Chapter 1 ■ CRiMe and CRiMinology

from one another and use such a wide variety of methods and types of behavior to meet their needs. Even if “real” crimes were eliminated, human weaknesses and petty vices would be elevated to the status of crimes. Durkheim suggested that crime can be useful—and occasionally even healthful—for society in that it paves the way for social change. To illustrate this concept, Durkheim offered the example of the Greek philosopher Socrates, who was considered a criminal and was put to death for corrupting the morals of youth simply because he expressed ideas that were different from what people believed at that time.

In The Division of Labor in Society, Durkheim wrote about the consequences of the shift from a small, rural society, which he labeled “mechanical,” to the more mod- ern “organic” society with a large urban population, division of labor, and personal isolation.28 From the resulting structural changes flowed anomie, or norm and role confusion. An anomic society is in chaos, experiencing moral uncertainty and an ac- companying loss of traditional values. People who suffer anomie may become con- fused and rebellious. Is it possible that the loss of privacy created by widespread social media, a technology that can cause a private moment to go “viral,” has helped create a sense of anomie in our own culture?

THE CHICAGO SCHOOL The primacy of sociological positivism was secured by re- search begun in the early twentieth century by Robert Ezra Park (1864–1944), Ernest W. Burgess (1886–1966), Louis Wirth (1897–1952), and their colleagues in the Sociol- ogy Department at the University of Chicago. The scholars who taught at this program created what is still referred to as the Chicago School in honor of their unique style of doing research.

These urban sociologists examined how neighborhood conditions, such as poverty levels, influenced crime rates. They found that social forces operating in urban areas created a crime-promoting environment; some neighborhoods were “natural areas” for crime.29 In urban neighborhoods with high levels of poverty, the fabric of critical social institutions, such as the school and the family, came undone. Their traditional ability to control behavior was undermined, and the outcome was a high crime rate.

SOCIALIZATION VIEWS During the 1930s and 1940s, another group of sociologists began conducting research that linked criminal behavior to the quality of an indi- vidual’s socialization—the relationship they have to important social processes, such as education, family life, and peer relations. They found that children who grew up in homes wracked by conflict, attended inadequate schools, or associated with deviant peers became exposed to forces that engendered crime. One position, championed by the preeminent American criminologist Edwin Sutherland, was that people learn criminal attitudes from older, more experienced law violators.

Conflict Criminology In his Communist Manifesto and other writings, Karl Marx (1818–1883) described the oppressive labor conditions prevalent during the rise of industrial capitalism. Marx was convinced that the character of every civilization is determined by its mode of pro- duction—the way its people develop and produce material goods. The most important relationship in industrial culture is between the owners of the means of production (the capitalist bourgeoisie) and the people who perform the labor (the proletariat). The economic system controls all facets of human life; consequently, people’s lives revolve around the means of production. The exploitation of the working class, Marx believed, would eventually lead to class conflict and the end of the capitalist system.30

These writings laid the foundation for conflict theory, the view that human behavior is shaped by interpersonal conflict and that crime is a product of human conflict. However, it was not until the social and political upheaval of the 1960s— fueled by the Vietnam War, the development of an antiestablishment counterculture movement, the civil rights movement, and the women’s movement—that crimi- nologists began to analyze the social conditions in the United States that promoted

anomie A lack of norms or clear social standards. Because of rapidly shifting moral values, the individual has few guides to what is socially acceptable.

Chicago School Group of urban sociologists who studied the relationship between environmental conditions and crime.

socialization Process of human development and enculturation. Socialization is influenced by key social processes and institutions.

conflict theory The view that human behavior is shaped by interpersonal conflict and that those who maintain social power will use it to further their own ends.

▸▸▸▸▸▸CONNECTIONS Did your mother ever warn you about staying away from “bad neighborhoods” in the city? If she did, how valid were her concerns? To find out, go to Chapter 6 for a discussion of the structural conditions that cause crime.

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12 Part 1 ■ CONCEPTS OF CRIME, LAW, AND CRIMINOLOGY

class conflict and crime. What emerged from this intellectual ferment was a critical criminology that indicted the economic system as producing the conditions that sup- port a high crime rate. Critical criminologists have played a significant role in the field ever since.

Developmental Criminology In the 1940s and 1950s, Sheldon and Eleanor Glueck, a husband-and-wife team of criminologists and researchers at Harvard Law School, conducted numerous studies of delinquent and criminal behavior that profoundly influenced criminological the- ory. Their work integrated sociological, psychological, and economic elements into a complex developmental view of crime causation. Their most important research efforts followed the careers of known delinquents to determine what factors pre- dicted persistent offending; they also made extensive use of interviews and records in their elaborate comparisons of delinquents and nondelinquents.31

The Gluecks’ vision integrated biological, social, and psychological elements. It suggested that the initiation and continuity of a criminal career was a develop- mental process influenced by both internal and external situations, conditions, and circumstances.

Contemporary Criminology These various schools of criminology, developed over 200 years, have been constantly evolving.

●● Classical theory has evolved into modern rational choice theory, which argues that criminals are rational decision makers: before choosing to commit crime, criminals evaluate the benefits and costs of the contemplated criminal act; their choice is structured by the fear of punishment.

●● Lombrosian biological positivism has evolved into contemporary biosocial and psychological trait theory views. Criminologists who consider themselves trait theorists no longer believe that a single trait or inherited characteristic can ex- plain crime, but that biological and psychological traits interact with environ- mental factors to influence criminality. Contemporary trait theories suggest that there is a causal link between criminal behavior and such individual level factors as diet, hormonal makeup, personality, and intelligence.

●● The original Chicago School sociological vision has transformed into a social structure theory, which maintains that a person’s place in the social structure

critical criminology The view that crime is a product of the capitalist system.

rational choice theory The view that crime is a function of a decision-making process in which the would-be offender weighs the potential costs and benefits of an illegal act.

trait theory The view that criminality is a product of abnormal biological or psychological traits.

social structure theory The view that disadvantaged economic class position is a primary cause of crime.

in 1980, glen Stewart godwin, along with his partner, Frank Soto, robbed a drug dealer and stabbed him 26 times with a butcher knife, then blew up the body to hide the evidence. godwin was sentenced to 26 years to life in prison, but in 1987, he made a daring escape by digging a tunnel. godwin fled to Mexico, where he got involved in the drug trade. Sent to a Mexican prison, he killed a member of a drug cartel and escaped once again. He is currently on the loose somewhere in latin america and assumed to be dealing drugs. developmental criminologists would view godwin’s criminal career as a product of sociological, psychological, and economic factors. His initiation into a criminal career is a developmental process, influenced by both internal and external situations, conditions, and circumstances.

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13Chapter 1 ■ Crime and Criminology

controls their behavior; people are a product of their environment. Those at the bottom of the social hierarchy, who find it impossible to achieve monetary and social success through conventional means, experience anomie, strain, failure, and frustration. Social pressures, and the personal turmoil they produce, lead people down a path to crime.

●● The focus of social process theory is on socialization. Theorists who hold this view believe that children learn to commit crime by interacting with, and model- ing their behavior after, others whom they admire. Some criminal offenders are people whose life experiences have shattered their social bonds to society.

●● Many criminologists still view social and political conflict as the root cause of crime. These critical criminologists believe that crime is related to the inherently unfair economic structure of the United States and other advanced capitalist countries.

●● The Gluecks’ pioneering research has influenced a new generation of develop- mental theorists. Their focus today is identifying the personal traits and social conditions that lead to the creation and maintenance of criminal careers over the life course.

Each of the major perspectives is summarized in Concept Summary 1.2.

Deviant or Criminal? How Criminologists Define Crime Criminologists devote themselves to measuring, understanding, and controlling crime and deviance. How are these behaviors defined, and how do we distinguish between them?

Criminologists view deviant behavior as any action that departs from the social norms of society.32 Deviance thus includes a broad spectrum of behaviors, ranging from the most socially harmful, such as rape and murder, to the relatively inoffensive, such as joining a religious cult or cross-dressing. A deviant act becomes a crime when

social process theory The view that criminality is a function of people’s interactions with various organizations, institutions, and processes in society.

critical criminologists Critical criminologists examine how those who hold political and economic power shape the law to uphold their self-interests.

deviant behavior Actions that depart from the social norm. Some are considered criminal, others merely harmless aberrations.

crime An act, deemed socially harmful or dangerous, that is specifically defined, prohibited, and punished under the criminal law.

LO2 Differentiate between crime and deviance.

Concept Summary 1.2 Criminological Perspectives

The major perspectives of criminology focus on individual factors (biological, psychological, and choice theories), social factors (structural and process theories), political and economic factors (conflict theory), and multiple factors (developmental theory).

Classical/choice perspective Situational forces. Crime is a function of free will and personal choice. Punishment is a deterrent to crime.

Biological/psychological perspective

Internal forces. Crime is a function of chemical, neurological, genetic, personality, intelligence, or mental traits.

Structural perspective Ecological forces. Crime rates are a function of neighborhood conditions, cultural forces, values, and norms.

Process perspective Socialization forces. Crime is a function of upbringing, learning, and control. Peers, parents, and teachers influence behavior.

Conflict perspective Economic and political forces. Crime is a function of competition for limited resources and power. Class conflict produces crime.

Developmental perspective Multiple forces. Biological, social-psychological, economic, and political forces may combine to produce crime.

●▸ Criminology has a long and rich history.

●▸ The first criminologists believed that crime was a matter of free will. This outlook is referred to as classical criminology.

●▸ In the nineteenth century, positivist criminologists began to use the scientific method to study crime. They were convinced that the cause of crime could be found in the individual offender.

●▸ During the early twentieth century, sociological criminology was developed to explain the effect of the social environment on individual behavior.

●▸ Critical criminologists attempted to explain how economic forces create crime.

●▸ Developmental criminologists trace criminal careers over the life course.

●▸ Contemporary criminology carries on and refines these traditions.

CHECKPOINTS

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14 Part 1 ■ CONCEPTS OF CRIME, LAW, AND CRIMINOLOGY

it is deemed socially harmful or dangerous; it then will be specifi- cally defined, prohibited, and punished under the criminal law.

Crime and deviance are often confused because not all crimes are deviant and not all deviant acts are illegal or criminal. For example, recreational drug use such as smoking marijuana may be a crime, but is it deviant? A significant percentage of the pop- ulation has used recreational drugs (including some well-known politicians—even presidents!). If an illegal act, such as smoking pot or downloading copyrighted material, becomes a norm, should society reevaluate its criminal status and let it become merely an unusual or deviant act?

To argue that all crimes are behaviors that depart from the norms of society is probably erroneous. The shifting definition of deviant behavior is closely associated with our concepts of crime. Where should society draw the line between behavior that is con- sidered merely deviant and unusual and behavior that is considered dangerous and criminal? Many deviant acts are not criminal, even though they may be shocking or depraved. A passerby who observes a person drowning is not legally required to jump in and render aid. Although the general public would probably condemn the person’s behavior as callous, immoral, and deviant, no legal action could be taken because citizens are not required by law to effect rescues. In sum, many criminal acts, but not all, fall within the concept of devi- ance. Similarly, some deviant acts, but not all, are considered crimes.

Becoming Deviant To understand the nature and purpose of criminal law, criminologists study both the process by which deviant acts are criminalized (become crimes) and, conversely, how criminal acts are decriminalized (that is, the penalties attached to them are reduced) and/or legalized.

In some instances, individuals, institutions, or government agencies mount a campaign aimed at convincing both the public and lawmakers that what was considered merely deviant behavior

is actually dangerous and must be outlawed. During the 1930s, Harry Anslinger, then head of the Federal Bureau of Narcotics, used magazine articles, public appearances, and public testimony to sway public opinion about the dangers of marijuana, which up until that time had been legal to use and possess.33 In testimony before the House Ways and Means Committee considering passage of the Marijuana Tax Act of 1938, Anslinger stated,

In Florida a 21-year-old boy under the influence of this drug killed his parents and his brothers and sisters. The evidence showed that he had smoked marihuana. In Chicago recently two boys murdered a policeman while under the influence of marihuana. Not long ago we found a 15-year-old boy going insane because, the doctor told the enforcement officers, he thought the boy was smoking marihuana cigarettes. They traced the sale to some man who had been growing marihuana and selling it to these boys all under 15 years of age, on a playground there.34

As a result of Anslinger’s efforts, a deviant behavior, marijuana use, became a criminal behavior, and previously law-abiding citizens were defined as criminal of- fenders. Today some national organizations, such as the Drug Policy Alliance, are committed to repealing draconian drug laws and undoing Anslinger’s “moral cru- sade.” They call for an end to the “war against drugs,” which they believe has become overzealous in its effort to punish drug traffickers. In fact, they maintain, many of the problems the drug war purports to resolve are actually caused by the drug war itself. So-called “drug-related” crime is a direct result of drug prohibition’s distortion of immutable laws of supply and demand. Public health problems such as HIV and

It’s a crime to ignore a drowning person’s cries for help.

FICTION Citizens are not required to risk their lives to save another unless they are bound to by occupation or status (e.g., a lifeguard).

FACT OR FICTION?

decriminalized Having criminal penalties reduced rather than eliminated.

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What is considered deviant behavior today can be socially acceptable tomorrow. This poster is for the 1936 film Reefer Madness, a movie depicting the dangers of smoking marijuana. eighty years later, pot smoking is routine behavior and legal in several states.

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15Chapter 1 ■ CRiMe and CRiMinology

hepatitis C are all exacerbated by zero-tolerance laws that restrict access to clean nee- dles. The drug war is not the promoter of family values that some would have us be- lieve. Children of inmates are at risk of educational failure, joblessness, addiction, and delinquency. Drug abuse is bad, but the drug war is worse.35 Their efforts have borne some fruit: a number of states, including Colorado and Washington, have decriminal- ized the possession and sale of marijuana.

In sum, criminologists are concerned with the concept of deviance and its rela- tionship to criminality. The shifting definition of deviant behavior is closely associated with our concept of crime.

The Concept of Crime Professional criminologists usually align themselves with one of several schools of thought, or perspectives. Each of these perspectives maintains its own view of what constitutes criminal behavior and what causes people to engage in criminality. A criminologist’s choice of orientation or perspective depends, in part, on his or her definition of crime. The three most common concepts of crime used by criminologists are the consensus view, the conflict view, and the interactionist view.

CONSENSUS VIEW OF CRIME According to the consensus view, crimes are behav- iors that all elements of society consider repugnant. The rich and powerful as well as the poor and indigent are believed to agree on which behaviors are so repugnant that they should be outlawed and criminalized. Therefore, the criminal law—the written code that defines crimes and their punishments—reflects the values, beliefs, and opin- ions of society’s mainstream. The term consensus implies general agreement among a majority of citizens on what behaviors should be prohibited by criminal law and hence be viewed as crimes.36

This approach to crime implies that it is a function of the beliefs, morality, and rules inherent in Western civilization. Ideally, the laws apply equally to all members of society, and their effects are not restricted to any single element of society.

CONFLICT VIEW OF CRIME Although most practicing criminologists accept the consensus model of crime, others take a more political orientation toward its con- tent. The conflict view depicts society as a collection of diverse groups—such as owners, workers, professionals, and students—who are in constant and continuing conflict. Groups able to assert their political power use the law and the criminal jus- tice system to advance their economic and social position. Criminal laws, therefore, are viewed as created to protect the haves from the have-nots. Conflict criminolo- gists often contrast the harsh penalties inflicted on the poor for their “street crimes” (burglary, robbery, and larceny) with the minor penalties the wealthy receive for their white-collar crimes (securities violations and other illegal business practices). Whereas the poor go to prison for minor law violations, the wealthy are given le- nient sentences for even serious breaches of law. The Profiles in Crime feature illus- trates the conflict view of crime.

INTERACTIONIST VIEW OF CRIME According to the interactionist view, there is no objective reality. People, institutions, and events are viewed subjectively and labeled either good or evil according to the interpretation of the evaluator. The content of the criminal law and consequently the definition of crime are subjective and can change at any moment. The recreational use of marijuana is now legal in some jurisdictions and illegal in others. It could easily be the other way around in those same jurisdictions, depending on the voting public’s views, perceptions, and beliefs.

Whether a particular act fits the definition of a crime is also a function of inter- action and perception. If a death occurs in the wake of an argument, a jury may be asked to decide whether the act was murder, self-defense, or merely an accidental fatality. Each person on the jury may have his or her own interpretation of what took place. Whether the act is labeled a crime and the actor a criminal depends on the

LO3 Analyze the three different views of the definition of crime.

consensus view The belief that the majority of citizens in a society share common values and agree on what behaviors should be defined as criminal.

criminal law The written code that defines crimes and their punishments.

conflict view The belief that criminal behavior is defined by those in power in such a way as to protect and advance their own self-interest.

interactionist view The belief that those with social power are able to impose their values on society as a whole, and these values then define criminal behavior.

Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.

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16 Part 1 ■ CONCEPTS OF CRIME, LAW, AND CRIMINOLOGY

PROFILES IN CRIME A SHOOTING IN FERGUSON

O n August 9, 2014, in Ferguson, Missouri, a suburb of St. Louis, Michael Brown, an 18-year- old unarmed African American youth, was

fatally shot by Darren Wilson, a white police officer. According to most accounts, shortly before the shoot- ing Brown and a friend, Dorian Johnson, had stolen some cigars from a local convenience store. Officer Wilson, who at the time was not aware of the theft, encountered the two young men as they were walking down the middle of the street. From his police car, Wilson ordered them to move to the sidewalk. According to Wilson, when the two refused to obey the order, a scuffle broke out during which Michael Brown punched Wilson through the window of the police car. The fight went on until Wilson fired his gun, and Brown and Johnson fled down the street. Wilson pursued Brown, eventually firing a total of 12 rounds at him from a distance ranging from 10 to 30 feet. In all Michael Brown was hit eight times, the last shot causing his death.

A grand jury called to review the evidence in the case failed to find sufficient cause to indict Darren Wilson for the death of Michael Brown, prompting nationwide protests condemning racial bias in the jus- tice system.

Many questioned the grand jur y’s refusal to indict Officer Wilson, not being able to understand how the shooting of an unarmed suspect was not a

crime. Legally, the grand jury’s decision rested on what happened during the pursuit of Michael Brown. Did Brown, as some witnesses asserted, have his hands raised in surrender as he moved toward Of- ficer Wilson? Or was Michael Brown madly charging at the officer in an attempt to attack him further, as Wilson claimed? If the latter, then the officer’s behavior might be excused since he acted in self- defense if he actually felt threatened; if the former, Wilson’s actions amounted to felony murder. Mem- bers of the jury obviously believed Wilson’s story when they failed to indict.

Wilson could have been indicted, tried, and con- victed for his act and be considered a callous, violent criminal. Instead, the jury decided not to indict, mean- ing that Wilson is not a criminal in the eyes of the law. The fact that a jury of his peers failed to indict Wilson reinforces the fact that what is a crime and who is considered a criminal are not objective facts but open to interpretation.

The death of Michael Brown cer tainly raised issues about the role race plays in the construction and creation of crime and criminality. Would Michael Brown have been stopped by a police officer if he was a Caucasian college student? The law should and must be color and gender blind. Did this inci- dent occur because of racial profiling? Many people believed that the incident showed that racism still exists in the justice system.

The “Ferguson effect” refers to the belief that increased investigation of police activities follow- ing the shooting of Michael Brown has led to an increased crime rate in major US cities. Following the shooting, murder rates increased by almost 10 percent. Do you agree that police are more cautious since the Brown case? If so, has this more cautious mindset influenced the nation’s violence rate? ■

Sources: Neil Gross, “Is There a ‘Ferguson Effect’?” New York Times, September 30, 2016, https://www.nytimes.com/2016/10/02/ opinion/sunday/is-there-a-ferguson-effect.html; “What Happened in Ferguson?” New York Times, August 10, 2015, https://www .nytimes.com/interactive/2014/08/13/us/ferguson-missouri-town -under-siege-after-police-shooting.html. (URLs accessed April 2017.)Ro

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