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MSCJFC3 Foundations of Criminology How do criminologists define crime? Leah Galas Moyao Lylani Sodchig Claro, MS CRIM July 20, 2013

1. HOW DO CRIMINOLOGISTS DEFINE CRIME? a. Consensus View- In this view, it is held that the law defines crime and there is an agreement exists on outlawed behavior. These laws are applied to all citizens equally. Consequences of this definition are as follows: o An act has to be committed before a crime has occurred (thought without action is not a crime). o An act must be legally forbidden - anti-social behaviour it itself is not a crime unless prohibited by law (actus reus). o The individual must have had criminal intent in committing the act (mens rea). PERSONAL INSIGHT: o In the Philippine Setting, the laws created are for the benefit of all people sojourning within the territory of the Philippines. The term logomacy is reflected in this view. There is no crime if there is no law defining it. The Revised Penal Code of the Philippines serves as the basis when it comes to defining and providing punishments of these crimes. The intention, as one of the ingredients of crime, is also needed in order to provide guilt of the accused. Our laws have also undergone procedure to determine whether the mass is in need of such law before it is enacted based on the prevailing problems in our society. o There are some crimes that dont have the mens rea or criminal intent such as those crimes classified as Quasi-Offenses and that committee by insane criminals. b. Conflict View- This held that the law is a tool of the ruling class. Crime is politically defined concept. Also, the law is used to control the underclass. This view is directly opposed to the consensus view. It argues that rather than functioning as an integrated unit, society is best seen as a collection of competing groups, e.g. professional bodies, unions and employers. These are in conflict with each other on a number of different fronts. Given the unequal distribution of wealth and power in society some are dissatisfied and poor, while others are powerful and wealthy. This inequality creates a social atmosphere based on conflict which in turn promotes crime. The conflict view has been heavily influenced by Marxist ideas. Marxist or new criminology, views crime as a function of a capitalist system which produces those who have wealth and power and those who do not. Although each class within society commits crimes, the type of crime is dictated by the system. The poor commit crimes such as theft, murder and burglary; the middle class commit white collar crimes such as tax evasion and theft from employers, while the wealthy and powerful bourgeois class indulge in exploitation, profiteering and environmental pollution acts that are not accorded the status of crime. PERSONAL INSIGHTS- Criminal laws are created not for the benefit of all people rather, only for those in a higher status. Thus, creating conflict between the rich and the poor. Accordingly, these laws are primarily for the protection and benefits of people of higher status and oppressing the lower class. Moreover, Crimes are being subjective. This is often observed in our Criminal Justice System, when the crime is committed by a higher individual, it will soon be dismissed and closed.

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c. Interactionist View- The interactionist view of crime is to focus on the meaning of peoples actions. Thus, taking the life of someone else is a criminal act but this does not always have to be the case: selfdefense, in battle during war and state execution are examples of where the action could be seen as legitimate. The decision as to when an act becomes a crime is not a matter of consensus but a statement of the preferences of those who hold social power and can impose their preferred definition on society. Crime and deviance are often merely labels imposed by the majority on a minority who do not conform. The main problem with interactionist accounts is that they do not explain why people commit deviant acts in the first place. They are mainly concerned with the consequences that follow deviant acts, such as marginalization of the criminal. PERSONAL INSIGHTS- Every act that is committed will depend on the circumstances governing such act. Whether it is right or wrong, there will always be a reason why a person acted as such. Not all crimes are to be generalized as such. There are some crimes committed with legal basis. Yes, the crime of homicide is punishable and inherently bad but how about these instances? Examples: Those during the time when lethal injection is legal, those carrying out lethal injection, those soldiers who fight during battles, and those who acted with self defense. REFERENCES: Siegel, L. (2006). Criminology. 9th ed. Belmont, CA: Thomson Wadsworth. http://personal.uncc.edu/mfmckenz/Socy3173.Concepts%20Of%20Crime.htm

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