Concept list
Crime & Criminology: definitions, biases & assumptions
Crime definitions
Legal definition of crime = an intentional act or omission in
violation of criminal law (statutory & case law), committed without
defence or justification, and sanctioned by the state as a felony or
misdemeanor.
Sociological definition of crime = universal norms & rule
transgression; e.g. everyone thinks murder is wrong, but
homosexuality is still legal/illegal in different countries; crime as a
sociological problem; deviant behaviour as topic of study.
Social constructivist definition of crime = what is seen as crime
is a product of the dynamics of a given society. Social groups create
deviance by making rules & labelling particular people (politically
loaden definition).
Radical social constructivist definition of crime = crime has no
ontological reality, it’s not the object, but the product of criminal
policy (extreme version of social constructivist definition).
Human rights definition of crime = human rights as threshold;
an act that goes against human rights is a crime; link with social
justice (takes power inequalities into account).
Harm definition of crime = but every act that causes harm is a
crime, regardless of the law (also includes harms to the
environment; takes power inequalities into account; politically
loaden definition).
Positivism (individual vs sociological)
Individual positivism = someone is an offender because of their
biological/psychological characteristics (out of their own control). An
offender needs treatment (rehabilitation) to stop offending. When
treatment isn’t an option, the offender should be isolated from
society in prison or through capital punishment.
Sociological positivism = someone is an offender because of
external/environmental/social/cultural factors (out of their control).
Policy for a more equal society can help to reduce crime.
Social Constructivism = crime is a product of the dynamics of the
society; labelling theory = an act is a crime when society reacts to it as a
crime (label self-fulfilling prophecy; people start to live up to their
labels).
Crime & Criminology: definitions, biases & assumptions
Crime definitions
Legal definition of crime = an intentional act or omission in
violation of criminal law (statutory & case law), committed without
defence or justification, and sanctioned by the state as a felony or
misdemeanor.
Sociological definition of crime = universal norms & rule
transgression; e.g. everyone thinks murder is wrong, but
homosexuality is still legal/illegal in different countries; crime as a
sociological problem; deviant behaviour as topic of study.
Social constructivist definition of crime = what is seen as crime
is a product of the dynamics of a given society. Social groups create
deviance by making rules & labelling particular people (politically
loaden definition).
Radical social constructivist definition of crime = crime has no
ontological reality, it’s not the object, but the product of criminal
policy (extreme version of social constructivist definition).
Human rights definition of crime = human rights as threshold;
an act that goes against human rights is a crime; link with social
justice (takes power inequalities into account).
Harm definition of crime = but every act that causes harm is a
crime, regardless of the law (also includes harms to the
environment; takes power inequalities into account; politically
loaden definition).
Positivism (individual vs sociological)
Individual positivism = someone is an offender because of their
biological/psychological characteristics (out of their own control). An
offender needs treatment (rehabilitation) to stop offending. When
treatment isn’t an option, the offender should be isolated from
society in prison or through capital punishment.
Sociological positivism = someone is an offender because of
external/environmental/social/cultural factors (out of their control).
Policy for a more equal society can help to reduce crime.
Social Constructivism = crime is a product of the dynamics of the
society; labelling theory = an act is a crime when society reacts to it as a
crime (label self-fulfilling prophecy; people start to live up to their
labels).
