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UNIVERSITY OF NAIROBI

SCHOOL OF LAW
GPR200 CRIMINOLOGY AND PENOLOGY
COURSE CONTENT.
Nature and scope; theories, meaning and degrees of crime; theories of causation of
crime; deviate and criminal behaviour; types and administration of penal sanctions
and their effect on crime; comparative penal systems; special problems in
criminology and penology. Criminal law I and II are prerequisites.
CRIMINOLOGY.
PART A
CRIMINOLOGY
1. Rob White S!"ti"! Pe##o"e Crime and social control, oxford
niversity press !1""#$.
%. D!$i% Do&"e' nderstanding &eviance, a guide to the
'ociology of crime and rule brea(ing
%
nd
ed. Clarendon )ress. !1"**$
+. Y$o""e (e&)e', Criminology, ',-. /ondon !%00%$.
1. Ni*e# W!+)e# , Ni-o+! P!%.ie+% 'entencing theory, law and practice %
nd
ed. 2utterworths /ondon. !1""3$
4. S/'!" C!..#e0 5he sociology of crime and deviance6
'elected issues, -reenwich niversity
)ress. !1""4$
3. S/'!""e 1!#'te%t 'ocial &ynamics of crime and control,
New theories for a world in transition,
7xford )ortland 7regon. !%000$.
#. Ro*e# Hoo% Crime, criminology and public policy,
8einemann /ondon. !1"#1$.
*. C#e''0 ,S/the#+!"%2 Criminology !)hiladelphia, 9.2.
/ippincot$
Rose J. Ayugi Masinde 1
". Rob White Fio"! H!i"e' Crime and Criminology %
nd
ed. 7xford
niversity )ress. !1""3$
10. 3/i""e0 Ri-h!#%2 Criminology6 !2oston, /ittle 2rown :
Co.
11. T!.t Do"!+%2 Criminology6 , cultural Interpretation
!New ;or(, <acmillan$.
1%. Wi++i!4' (.E H!++2 Criminology and Criminal 9ustice
!/ondon, 2utterworths$.
1+. 1o#" Ri-h!#%2 Criminology and )enology !New ;or(,
8olt$.
11. C+i..o#% Wi++i!42 ,n Introduction to ,frican Criminology
!Nairobi 7xford niversity )ress$.
14. M/'h!"*! Tib!4!"0!2 Criminal 8omicide in ganda !Nairobi,
.ast ,frica /iterature 2ureau$.
13. M/'h!"*! Tib!4!"0!2 5he &evelopment )rocess as a -enera=
ting <ilieu for crime and crime &iver=
sity in /aw and >ural &evelopment in
.ast ,frica !?isumu, 1*=%% 9uly 1"##$.
1#. M/'h!"*! Tib!4!"0!2 Crime and &eviance6 ,n Introduction to
Criminology !Nairobi, .ast ,frica
/iterature 2ureau$.
1*. M/*! E#!'to2 Crime : &elinquence in ?enya !Nairobi
.ast ,frican /iterature 2ureau$
1". 3/i""e0 Ri-h!#%2 Crime and 9ustice in 'ociety !2oston.
/ittle, 2rown : Co.$.
%0. Wooto" B!#b#!2 Crime and )enal )olicy6 >eflections of
@ifty ;ears .xperience !/ondon, ,llen :
nwin ltd$.
%1. C+i""!#% M!#'h!++ B2 Crime in &eveloping Countries6 ,
Comparative )erspective !New ;or(,
Ailey$.
Rose J. Ayugi Masinde 2
%%. T!55!" P!/+2 Crime, 9ustice and its correction !New
;or(, <c graw 8ill 2oo(s$.
%+. S4ith , Ho*!"2 Criminal /aw !2utterworthsw, /ondon
#
th
.d. 1""%$.
%1. Fe##i E"#i-o6 Criminal 'ociology !New ;or(,
,gathan
)ress$
%4. 3/i""e0 Ri-h!#%2 'ocial >eality of Crime !2oston, /ittle,
2rown : Co.$
%3. 1"/%te" Ri-h!#% !.ditor$; Crime, Criminology and Contemporary
'ociety !Illinois, &orsey )ress$.
Re+e$!"t St!t/te'.
5he Constitution of ?enya.
5he )enal Code, chapter 3+ of the /aws of ?enya.
5he Criminal )rocedure Code, chapter #4 of the /aws of ?enya.
5he children and ;oung persons ,ct, chapter 111 of the /aws of ?enya.
5he )risons ,ct, chapter "0 of the /aws of ?enya.
5he )robation of 7ffenders ,ct, Chapter 31 of the /aws of ?enya
INTRODUCTION AND DEFINITIONS
SECTION 7
THE STUDY OF CRIME
1. CRIMINOLOGY AS A FIELD OF STUDY
Contains varied and competing perspectives, which are a product of
(nowledge.
Criminology focus on three main areas.
!a$ 5he sociology of law, which examines social aspects and the institutions of
the law.
!b$ 5heories of causation !criminogenisis$
!c$ 5he study of the social responses to crime, which examines in more depth
the formal institutions of criminal Bustice !police, courts and corrections$
%. DEFINING CRIME.
Constantly changing ideas, perceptions and conceptions regarding what
constitutes criminal behaviour.
5here are difficulties surrounding different definitions of crime.
@or example6
Rose J. Ayugi Masinde 3
Aho defines the lawC
Ahat about casesC 5oday where people may actively brea( the law in the
name of social BusticeC
Ahat about the unBust systems of the world and where many legal
definitions are built on highly contentious and unBust or unfair propositionsC
!a$ Le*!+ !"% 'o-io+o*i-!+ %e.i"itio"' o. -#i4e.

, formal legal definitions !criminal law and penal code$.
, social harm conceptions !criminal and civil offences$
, cross=cultural universal norm !e.g. regarding murder$.
, labeling approach !social response to a particular activity$.
, human rights approach !regardless of legality$
, human diversity approach !power relations focus$
= Dariation in definition has real consequences on how each behaviour is dealt
with at a practical level
>esponse by the criminal Bustice systems and institutions depend on political
and social factors.
Crime is defined under particular material circumstances and in relation to
specific social processes.
8b9 Hi'to#i-!+ -o"'t#/-tio"' o. -#i4e
/egal definitions determine society response to an act deemed wrongful.
Critical questions that ma(e the laws why are they made, whose interests
are reflected in those laws and how are they enforcedC
/egal definitions of crime may change over time.
/aw socially produced and not static.
<orality is variable as reflected in the law !example laws on vagrancy and
witchcraft in .ngland$
Crime is an offence of the time.
8-9 Po5/+!# 4e%i! i4!*e' o. -#i4e
<edia have a significant influence on portrayal of crime in society media
images
5hey permeate popular consciousness.
Crime is sensationaliEed as a continuing law and order problem in society.
<edia shape our perceptions of crime and define crime in a particular way
!e.g. crime waves when there is actually no increase in these crime only
awareness$
<edia may lead to changes in law; tougher sentences e.t.c.
:. MEASURING CRIME
Rose J. Ayugi Masinde 4
Crime trends and official data on criminal activity need to be confirmed.
No unity in approach to crime and crime statistics.
5hree broad strands within which criminology that deal with measurements.
!a$ 5he realist approach !problem of a mission$ crime exist Fout thereG
!b$ 5he institutionalist approach; crime is a Fsocial processG !problem of bias$

!c$ 5he critical realist measurement grounded on social process and reality
!problem of victimiEation$

;. CRIMINOLOGY PERSPECTIVES
5here are roughly three levels of analysis to explain criminal behaviour or
criminality6
!a$ Individual explains crime in terms of choices or characteristics of the
individual person
!b$ 'ituational6 the nature of the interaction between different players within
the system.
!c$ 'ocial structural6 loo(s at crime in terms of the broad social relationships
and the maBor social institutions of the society as a whole. <ost theories of
crime tend to congeal into one of these analytical categories, or integrate
all.
!d$ Contribution of political orientations to broad levels of analysis.
Ahether one views society as a hierarchy, harmonious, interrelated and
institutions, individualsH construction of reality e.t.c.
5he manner in which we view society influences the way in which we view
crime.
5he motivation, conceptual development, methodological tools and social
values are usually intertwined with one of three broad political perspectives
!conservative, liberal or radical$
5he dominant paradigm or approach that is adopted by governments and
represented in criminological circle varies over time.
Criminology theory is always related in some way to specific historical
context specific material conditions and specific political struggles.
5he obBectives and methods of analysis used in criminology reflect certain
underlying ideas and concerns of the writer.
5he study of crime involves the values and opinions of criminologists.
C#iti-!+ </e'tio"' to be !')e% .o# e!-h theo#0.
1. Ahat question is not being as(ed, why notC
%. Ahat is the social relevance of the theory or perspectiveC
+. Ahat does it tell us about our society and the direction that our society is or
ought to be headingsC
Rose J. Ayugi Masinde 5
, >adical &efinition of crime.
Crimes of the )owerful
5ypical Crimes .xamples
.conomic 2reaches of corporate law, environmental inadequate
Industrial health and safety provisions, pollution,
Diolation of labour laws, fraud.
'tate )olice brutality, government corruption, bribery,
Diolation of civil rights, misuse of public funds
Crime of the /ess )owerful.

5ypical crimes .xamples.
.conomic 'treet crime, wor(place theft, low I level fraud
2reach of welfare regulations, prostitution.
'ocial cultural Dandalism, assault, rape, murder, resistance via
'tri(es and demonstrations, public order offences,
Aor(place sabotage.
SECTION 2
CRIMINOLOGY
7. A. THEORY AND CRIME.
5heory as an explanation.
'cientific theory as one (ind of explanation.
'cientific theories can be falsified through research.
Criminology has a large number of scientific theories.
,re these theories supported by factC
B. BROAD THEORIES OF CRIME
!a$ S5i#it/!+ e=5+!"!tio"6
!Not observable$
= 2elief in influence from other worldly powers
= .xample of feudal criminal Bustice system
)rivate affair between families !blood feuds$
5rial by battle.
5rial by ordeal.
= ,ttribution of crime to the devil
Rose J. Ayugi Masinde 6
/imitation of this approach
8b9 N!t/#!+ e=5+!"!tio"'
ses obBects and events in the material world to explain.
8obbes, &esecrates and other studied human affairs as physicist study
matter impersonally and quantitatively.
'cientist see(s their explanations within observable phenomena in physical
and material world.
5his approach also limitations depending on ways of thin(ing about crime.
2. OVERVIEW OF FRAMES OF REFERENCE FOR CRIME6 NATURAL
E>PLANATIIONS.
A. CLASSICAL CRIMINOLOGY
Criminal behaviour is freely chosen
Intelligence and rationality are fundamental human characteristics and each
person master of his fate.
Crime defined as from a strict legal point of view.
5as( is to design and test a system of punishment that would result in
minimal occurrence of crime
CLASSICAL THEORY
============================================================================================
==============&efinition of crime /egal
Diolation of law.
>ights and social contract.
@ocus of analysis 5he criminal act
'pecific offence
5he criminal law
Cause of crime >ationality
Individual choice
Irrational decisions
Nature of offender Doluntaristic
@ree I will, self=interest and equal
capacity to reason
>esponse to crime punishment
)roportional to the crime.
@ixed or determinate.
Rose J. Ayugi Masinde 7
Crime prevention deterrence
)leasure pain principle
>eform of the legal system to ma(e it
more accessible.
7peration of criminal
9ustice system legal philosophical approach
2asic principles.

B. POSITVISIT CRIMINOLOGY
,n explanation for failure of classical theories
Criminal behaviour caused by forces beyond the control of the individual
2ehaviour is predetermined and free will and intelligence not controlling
factor.
5his is frame of reference for positivist criminology, psychology, sociology,
philosophy and biological.
5he main frame of reference is to attempt to identity the causes of criminal
behaviour.
C. THE BEHAVIOUR OF CRIMINAL LAW
@ocuses on the behaviour of criminal law rather than the behaviour of the
criminals.
5hese criminologists question the JnaturalH definition of crime, and contend
that criminal behaviours are essentially similar to legal behaviours.
5he main tas(6 to explain why some behaviour is officially defined as criminal
while other similar ones are not.
Ahy some people are officially defined as criminals while other who act
similar are not.
@ocus on the processes by which human create the social world in which they
live.
Crime is socially constructed, and treats different types of offences and
classes of offenders differently.
:. CRIMINOLOGY SCHOOL OF THOUGHT
Rose J. Ayugi Masinde 8
A. CLASSICAL CRIMINOLOGY
>adical challenge to institutional and class relationships under pinning the
Bustice system and method of criminal Bustice adBudication.
'ocial context = grounded on transition from feudalism to capitalism.
It was a challenge to the spiritualistic approach !'t 5homas ,quinas$ and
was based on the social contract thin(ers approach. !/oc(es, <ontesquieu
Doltaire, >osseau and 8obbes$
2eccaria Cesare a protest writer !on crimes and punishment$ sought to
change the excessive and cruel punishment of criminals, and purely personal
Bustice Budges dispensed.
)unishment should fit the crime.
9eremy 2entham further developed the classical view utilitarianism
punishment should offer more pain than the transgression of the law is
worth.
THE NEO ? CLASSICAL SCHOOL
5he classical conceptions of Bustice involved an exact scale of punishment
for equal acts without reference to the individual involved or circumstances
of crime.
@irst offendes were treated same as repeat, adult, minors under code of
1#"1.
5he neo=classical theories were efforts to revise and refine the application
of classical theory of free will and complete responsibility.
Considerations were made involving age, mental condition, and extenuating
circumstance.
It represented primarily the modifications necessary for implementation
based on practical experience.
Co"te45o#!#0 e=!45+e' o. thi' theo#0 i" the +e*!+ '0'te4
1. 5he legal doctrine that emphasiEes conscious intent !<ens )ea6 the guilty mind$
%. In sentencing principles !the idea of culpability or responsibility$
+. In the structure of punishment !e.g. gradation of penalties according to
seriousness of offence$
1.philosophically I supports of FBust desertsG approach to sentencing
!a$ 7nly guilty persons must be punished
!b$ -uilty person must be punished.
!c$ )unishment should be proportionate to crime.
!d$ )unishment must not be of less degree then crime.
Rose J. Ayugi Masinde 9
CRITICISM OF CLASSICAL THEORIES
5hey represent the beginning of the scientific search for causes of criminal
behaviour.
5he problems of fairness in individual cases still remains where a system
focuses on the offence not the offender.
5heory provides no insight into how to deal with cases were offending
results from an in capacity to reason.
Classical concepts of rationality and equality before the law do not ta(e into
account social inequalities and its contribution to rational choice.
5here are clear differences between formal law !written$ and substantive
law !that which happens in practice$
5he legal process influenced by broader social inequalities !wealthy versus
poor$
No system has ever reflected the total demands of the system

POSITIVE ASPECTS OF THE THEORY
1$ )romotes open, systematic system of Bustice compared to arbitrary system.
%$ ,rgues for the rights of an individual within the system
+$ )laces limits on Budicial discretion.
1$ .spouses a humanitarian approach to punishment compared to barbaric
practices.
4$ 5he classical thin(ers initiated a lasting period of debate on crime and
criminal behaviour.
3$ 5he reason for offending formed the basis of the theories of the positive
perspective.
B. POSITIVIST CRIMINOLOGY 8BIOLOGICAL AND PSYCHOLOGICAL
POSITIVISM9
Classical and positivist viewpoint often seen as counter posed.
)ositivists explain crime by references to forces and factors outside the
decision=ma(ing ability of the individual.
>ise of positivism represents hands on; science bases approach rather than
theorising.
Crime can be explained by examining individual differences and how these
lin(ed to certain biological and psychological factors predispose certain
people towards criminal behaviour.
So-i!+ -o"te=t.
New crime statistics revealed failure of classical punishment policies.
Rose J. Ayugi Masinde 10
'uggesting other social factors might influence level of crime.
,ndre <ichael -uerry !1*%0 I 1*33$ first wor( in scientific criminology.
5ested belief that crime associated with poverty and lac( of education.
,dolphe Kuetelet !1#"3 I 1*#1$
,nalyEed social data and noticed some people are more li(ely to commit
crime than others !especially young, male poor, unemployed and under
educated$.
)ropensity to engage in crime a reflection of moral character.
Crime an inevitable feature of social organiEation.
Cesare /ombroso !1*+4 I 1"0"$
)ublished the Criminal <an in 1*#3.
?nown principally for formulation of the theory of atavistic criminal.
5hree maBor classes of criminals !born, insane and criminaloids$.
Po'iti$i't A55#o!-he'
==============================================================================================
==============&efinition of crime Natural
Diolation of social consensus
.xtends beyond a legal definition.
&eviant behaviour with respect to social norms.
@ocus of analysis 5he offender
Characteristics of offender.
Cause of crime )athology
Individual deficiency.
Not a matter of individual choice.
Nature of offender &etermined and Lpredisposed to certain types of
behaviour.
2iological and social conditioning and individual
differences.
>esponse to crime. 5reatment
&iagnosis on individual basis.
Indeterminate to fit offender.
Crime prevention. &iagnosis and classification
.arly intervention.
7peration of criminal
9ustice system. 'cientific approach
<easurement and evaluation.
.ssentially neutral.
Rose J. Ayugi Masinde 11
B!'i- -o"-e5t' o. the '-hoo+
1$ It is based on the idea of scientific understanding of crime and
criminality.
%$ 8allmar( of the approach is that behaviour is determined by factors
outside control of the individual. !2iological, psychological or social$.
+$ 7ffenders vary and have individual differences and should be seen in
these terms.
1$ @ocus on nature and characteristics of the offender rather than criminal
act.
4$ Crime and deviance must be studied scientifically, and research done on
nature of crime.
3$ >esearch on individual pathology. /eading to personal difficulties with
conformity must be studied.
#$ ,pproach directed towards treatment of offenders rather than
punishment.
*$ 'ince individuals different sentences should be indeterminate.
Co"te45o#!#0 E=!45+e'
1. , variant of early psychiatric interest in criminology forensic psychology.
%. ,cademic theories and bio I social explanation to crime.
+. 5heories and practice on rehabilitation and interpretation of culpability.
1. Criminal profiling.
>elationship between classical and positivist theories6 both see( to identify that
influence incidence of criminal behaviour.
1. MA(OR THEORIES ON THE CAUSES OF CRIMINAL BEHAVIOUR.
1. THEORIES RELATED TO PHYSICAL APPEARANCE.
.xplanation of is biological defectiveness and inferiority.
!a$ )hysiognomy and phrenology !appearance of face and external shape of the
s(ull$
@ranE 9oseph -all !1#4* I 1*%*$ developed doctrines of phrenology.
Crime involves the lower propensities of the brain, which can be restrained
by moral sentiments or intellectual facilities.
!b$ Criminal ,nthropology6 /ombroso to -oring.
/ombroso studied all anatomical features of the human body and lin(ed
certain physical characteristics to crime.
Charles -oring. ,dvanced theory of hereditary inferiority.
!c$ 2ody type theories6 'hield to Cortes.
8igh degree of correspondence between the physical appearance of the
body and temperature of the mind.
Ailliam 'heldon6 studied relationship between mesomorphy !large muscle,
heavy chest$ and delinquency, especially among delinquent youth.
Rose J. Ayugi Masinde 12
-luec(s6 mesorphs more aggressive with tendency to criminal behaviour.
Coupled with traits not normally found in mesomorphy.
Cortes6 found that mesomorphy was associated with need for achievement
and with need for power.
%. THEORIES RELATED TO INTELLIGENCE.
Idea emerged after the physical appearance theory, that criminal less
intelligent than law=abiding people.
5hrough natural selection inferior strains would be characteriEed by
undesirable traits.
>ichard &ugdale !1*#1$ studied Fdegenerate familiesG.
Intelligence testing and crime.
,lfred 2inet !1*4# I 1"11$ applied intelligence testing to the problem of
retardation in )anis schools.
8.8. -oddard I ,merican, used 2inet tests to sort out people into
appropriate social roles, and to identify JsubnormalH for institutionaliEation.
sed test in Bails and determined most criminal were feeble minded.
I"te++i*e"-e %e+i"</e"-0 !"% #!-e
'cholars have used differences in intelligence quotient !1K$ to explain
difference in crime and delinquency rates.
Kuestions abound as to whether 1K tests are culturally biased.
Kuestions whether the cause of the JdifferenceH genetics or environmental
influenceC
Ailliam 'hoc(ley !1"3#$
,rthur 9enser !1"3"$
5ravis 8irschi D <ichael, 8indelang !1"##$ found that low I K was at least
as important as social class or race in predicting delinquency.
Derbal abilities of delinquents !Kuay, 8erbert 1"*#$.
5he 2ell curve !1""1$ !8errnstain and <urray$.
&umbing down hypothesis.
+. BIOLOGICAL FACTORS AND CRIMINAL BEHAVIOUR.
>ole of genetic and inheritance.
@amily studies6 inheritance of appearance, mannerisms and disposition.
-oring Charles6 used these techniques to conclude that crime is inherited.
8e established connection between imprisonment of parents and that of
children, and not that of spouses.
8e did not measure environmental influences adequately.
Rose J. Ayugi Masinde 13
.llis /ee !1"*%$ crime runs in the family.
T&i" !"% A%o5tio" 't/%ie'
9ohannes /ange !1"%"$ found a relationship between imprisonment between
of one twin and the other.
'tudies show greater similarity of criminal behaviour among identical twins
than fraternal.
Ne/#ot#!"'4itte#'6
nderlie behaviour including anti I social.
'cerbo and >aine6 studied relationship between neurotransmitters levels and
antisocial behaviour.
Ho#4o"e'
.ffects of hormones levels on human behaviour.
>ole of testosterone and aggressive behaviour.
2ooth and 7s good !1""+$ testosterone may reduce social integration, and
reduced social integration associated with higher deviance levels.
/in(s between hormonal changes and female irritability and hostility.
The Ce"t#!+ Ne#$o/' '0'te4.
New brain imaging procedures have been used to detect structural and
functional abnormalities.
>epeat offender have abnormal ..-.
The A/to4!ti- Ne#$o/' S0'te4 8ANS9
,N' active in flight or fight situations.
.ysenc( !1"31$ )sychopaths are extreme extroverts and fail to develop
adequate consciences because at the way their ,N' function.
E"$i#o"4e"t!++0 i"%/-e% bio+o*i-!+ -o45o"e"t' o. beh!$io/#.
&rug and alcohol abuse.
1"*0 research showed hypoglycemia common in habitually violent criminals.
@urther research on lin(ages between lead exposure and negative behaviour
consequences.
>elationship between head inBury and anti social behaviour.
)regnancy and birth complications.
1. THE PERSONALITY OF THE OFFENDER.
)ersonality refers to complex set of emotional and behavioural attributes.
)sychological and )sychiatric theories on criminal behaviour.
Rose J. Ayugi Masinde 14
)sychoanalytic theories causes of criminal behaviour found in unconscious
elements of the personality.
)ersonality inventory research on the conscious personality.
Hi'to#i-!+ b!-)*#o/"%6
)sychiatry as a springboard for psychoanalytic theory.
)ythagoras and ,lcmaeon !4*0 I 400 2C$ identified brain as the organ of
the mind, and mental illness as a disorder of that organ.
Si*4/"% F#e/% !"% 5'0-ho!"!+0'i' 87@ABC 7D:D9
)sychoanalysis a recent development of @reud and his pupils.
8as profound impact on all modern thought including human behaviour.
@reud believed behaviour can be explained by past traumatic experiences of
which individual was not conscious of.
5he unconscious divided into id and superego.
5he conscious is ego.
Criminal and delinquent behaviours attributed to disturbances or
malfunctions in the ego or super ego.
,ugust ,ichhorn !1"3+$ found that many delinquent children had
underdeveloped super egos due to lac( of parental love or attention.
Common criticism of )sychoanalytic theory it is untestableC
5he explanations of behaviour are subBective.
,ssertions that crime caused by unconscious mind6 many crimes are quite
conscious and rational.
Re'e!#-h /'i"* Pe#'o"!+it0 Te't'
5est developed to measure personality differences.
1"40 'chuessler and Cressey study s(ewed personality differences exist
between delinquents and non I delinquents.
Aaldo and &initE !1"40 I 1"34$ study found that delinquents and criminal
more psychopathic than non=delinquents and criminals.
A"ti'o-i!+ 5e#'o"!+it0 Di'o#%e#
)sychopath is used to describe individuals who exhibit a certain group of
behaviour and attributes !socio path and antisocial personality disorder$.
.ssential feature is violation of rights of others !arrests, lying, impulsive,
fights, failure to sustain wor(, lac( of remorse$.
<aBority of psychopaths are not criminals and visa versa
P#e%i-ti"* ./t/#e %!"*e#o/'"e''
)sychiatrists argue that they can identify offenders.
Rose J. Ayugi Masinde 15
9ohn <onaham !1"*1$ received clinical techniques for predicting violent
behaviour.
>esearch now centered on identifying factors associated with an increase or
decreased in li(elihood that person would engage in crime future.
I45/+'i$it0 !"% C#i4e.
Ailson and 8ernstern study
5he (ey individual level factor associated with criminality is the tendency to
thin( in terms of short term rather than long=term consequences.
Impulsivity is an enduring personality characteristic of criminals.
Crime proneness associated with a combination of impulsivity and negative
emotionality !anger, anxiety, irritability$.
C#iti</e6 >esearch lin(ing personality to crime has a lot of methodological
problems.
<ore meaningful to analyEe the situation people find themselves rather than
the personalitiesC
4. CRIME AND ECONOMIC CONDITIONS.
5heories with non I individual orientation and explain criminal behaviour in
terms of economic differences or influence.
@ocus on economic conditions and crime rates, relationship between crime
rates and unemployment rates, crime and economic inequality.
>esearch on crime and economic conditions are inconsistent and have
contradictory results.
Crime and unemployment. Contradictions between Buvenile delinquency and
unemployment and adult crime and employment.
8owever there is a positive relationship between crime and unemployment,
especially property crimes.
P#ob+e4' o. i"te#5#et!ti"* Re'e!#-h o" -#i4e !"% e-o"o4i- -o"%itio"'
/ac( of clear definition of poverty and unemployment.
5he theoretical assumptions are contradictory !inverse and negative or
direct or positive$
'pecifying the amount of time before economic changes have effect on
criminality.
Contribution of other factors to crime in high crime communities.
B. DUR1HEIM2 ANOMIE AND MODERNIEATION
.mile &ur(heim !1*4* I 1"1#$ viewed inequality as a natural and inevitable
human condition.
2rea(down of this normal condition !crime$ is anomie.
Rose J. Ayugi Masinde 16
'ociety is divided into those who confirm to collective conscience and
solidarity and those who donHt.
Crime is normal in society because there is no clear line between criminal and
non=criminal behaviour.
5he abnormal or pathological state of society would be one in which there
was no crime.
&ur(heim argues that as society develops a greater variety of behaviour
would be tolerated and punishment becomes less violent !from repression to
restitution$.
8e was concerned about the role that social forces play in determining
human conduct and the role of moderniEation.
#. THE ECOLOGY OF CRIME.
Chicago 'chool of 8uman .cology !1"%0$, study to pinpoint the environmental
factors associated with crime and determines the relationship among those
factors.
Ahat disturbs the social balance and equilibriumC
Clifford 'haw !1"%0$ study on delinquency areas in Chicago concluded that
delinquency and other social problems closely related to the process of
invasions, dominance and succession !rapid shift of populations, social
disorganiEation, immigration$.
,nswer to delinquency is organiEation of the neighbourhood residents.
Neighbourhoods cause of crime and should be focus of crime prevention
programs.
'ituational context of crime.
Immediate setting I people will commit crime if given a chance !opportunity
theories$ e.g. looting.
Crime cannot be understood unless you understand the context in which it
occurs.
*. STRAIN THEORIES
>obert <erton !1"+*$ these are certain relatively stable social conditions
associated with higher crime rates !social structural strain$
<any human appetites are FculturalG whereas the society limits ability of
certain groups to satisfy those appetites.
>esult6 pressure on certain persons to engage in non=conformist conduct.
Cultural goal I acquisition of wealth, using any means.
5his causes strain in lower classes, especially those who cannot achieve
wealth.
Crime in ,merican society explained by cultural imbalance, leading rebellion
and to innovation !in crime$ as a response.
Rose J. Ayugi Masinde 17
'train theories led to passing of 9uveline &elinquency )revention and Control
,ct !1"31$ to improve access to education and wor( for lower classes.
8owever the law did not succeed because change cannot occur without
change in social structural arrangementsC
C#iti-i'4 o. Theo#0.
1$ 'train is evenly distributed in society and is not greater among poorC .ven
rich people want to get more.
%$ Is the desire for economic success a natural desire not requiring cultural
supportsC
+$ !,merican$ culture does not value monetary success it values hard wor( and
honestyC
1$ 'ocial structuring more appropriate term than strainC
4$ 'train theories focus on changing the social machinery that produces the
criminal after they are produced.
St#!i" Theo#0
&efinition of crime.
Natural.
Diolation of consensus.
@ocus of analysis
'tructure of opportunities
Nature of social learning
;outh subcultures.
Cause of crime
'ocial strain, viE opportunity structure
/earned behaviour
Nature of offender
&etermined !by$ social pathology.
>esponse to crime
)rovide opportunity to reduce strain resocialise
offender.
Crime prevention
.xpanding opportunity and fostering healthy peer group
activity.
7peration of criminal
.ssentially neutral.
Rose J. Ayugi Masinde 18
9ustice system
Individual rehabilitation combined with social
programmes.
". LEARNING THEORIES
5he role of normal learning in the generation of criminal behaviour.
5hese theories focus on the content of what is learned and process by which
that learning ta(es place.
,ristotle !+*1 I +%% 2C$ all learning and (nowledge by association and
experience.
/earning through association !classical conditioning !)avlov$ operant
conditioning !rewards and punishment; and social learning theory watching
what happens to other people$.
T!#%e 87@;: ? 7D0; L!& o. I4it!tio".
CriminalHs normal but brought up in an atmosphere where they learnt crime
as a way of life.
Crime begins, as fashion then becomes custom li(e any other social
phenomenon.
Inferiors imitate superiors.
Newer fashions displace order ones !murder by (nifing down, by shooting up$
S/the#+!"% E%&i" 87@@: ? 7DA09 Di..e#e"ti!+ A''o-i!tio" Theo#0.
Criminal behaviour is learned both in content and process by association with
other people.
?ey factor determining whether people violate the law is the meaning they
give to social conditions rather than conditions.
&ivergent differential social organiEations will inevitable have some law
abiding and some criminals.
5he -o"te"t o. +e!#"i"*6 -/+t/#!+ !"% '/b -/+t/#!+ theo#ie'
Causes of criminal behaviour are ideas of behaviour values norms and
expectations$.
Aalter <iller !1"4*$ !cultural theory in explanation of gang delinquency.
<. Aolfgang and @. @erracuti !1"*1$ F subculture of violenceG arising in the
past for specific historical reasons and transmitted from generation to
generations.
/ynn Curtis !1"#4$ 'ub cultural theory of violence among ,merican 2lac(s,
central mechanism an exaggerated view of manliness.
'ub culture of violence tied to general social conditions that generate it.
5hese social conditions must be addressed in addition to attempts to modify
the subculture of violence.
Rose J. Ayugi Masinde 19
2ernard 5homas !1""0$ 5heory of ,ngry ,ggression.
.xtremely violent responses to trivial conflicts and insults.
Chronically aroused people see threat everywhere and respond aggressively.
)overty, urban environments and discrimination and social isolation are
structural conditions that all result in chronic arousal.
The Le!#"i"* P#o-e'' 'o-i!+ +e!#"i"* Theo#0.
/earning can ta(e place through direct interactions with the environment
independent of associations.
2ehaviour can also be learned not only ideas.
>onald ,(ers !1"3*$ F &ifferential reinforcementG or social learning theory6
criminal behaviour learned in both nonsocial situations and through social
interaction.
/earning ta(es place by observing the consequences that behaviuors have for
other people.
Criminal behaviour is explained by differential associations, definitions,
imitation and social reinforcements.
'ocial learning process explains lin( between social structural conditions and
individual behaviours.
Implications of this theory are crime must be viewed in the context of
political and social conflict.
70.CONTROL THEORIES.
,ll people naturally would commit crimes if left to their own devices.
<ost people do not commit crimes because of controlling forces that
restrain them.
Crime is a result of brea(down or wea(ness of those restraining forces.
E!#+0 -o"t#o+ Theo#ie' Rei' to N0e
,lbert >eiss !1"41$ published article related to use of control perspective to
predict probation revocation among 9uvenile offenders. 8e found
relationship between personal controls, social controls and revocation.
9ac(son 5oby !1"4#$ concept of Fsta(es in conformityG 8ow much a person
has to lose when he brea(s the law !high or low sta(es$.
Ivan Nye !1"4*$ I focused on family as the single most important source of
social control for adolescents.
<atEaHs &elinquency and &rift !1"31$ <odern control theories.
<atEa proposed an alternative image for delinquents that emphasiEe
freedom and similarity !drift$.
&rift occurs where social control loosened freeing delinquent to respond to
whatever forces come along.
Rose J. Ayugi Masinde 20
5ravis 8irschi !1"3"$6 'ocial control 5heory.
,ll animals are naturally capable of committing crime so no need to explain
motivation.
5he most important elements of social bond are attachments, commitment,
involvement and belief.
,ssessing social control theories
1. 5hey wor( better for youth delinquency but are less appealing when one
considers gang delinquency and adult criminality.
%. ,re human inherently peaceful or inherently aggressiveC
+. 'erious criminal behaviour represents a degeneration of the aggressive
instincts.
'ocial control theory could only apply to less serious forms of delinquency
and crime.
@rom social control to self=control.
<ichael -ottfredson v 5. 8irschi !1""0$ ,ll crime can be explained by F low
self controlG coupled with availability of opportunities.
'elf=control is internal.
Ineffective child rearing is the most important contributor to low self=
control.
'ocial control theories provide criminologists with very testable theories
but wor( better for Buvenile delinquently then adult crime.
11. THE MEANING OF CRIME.
8uman actions are best understood in terms of the meaning that these
actions have for actor.
)eople construct meaning in relation to situations and acts towards
situations in context of their meanings.
Me!"i"* o. -#i4e to 'e+.6 L!be+i"* Theo#0.
'elf=image is constructed through interactions with other people.
Criminals do not thin( of themselves as criminals although easily recogniEe
criminality in others.
Criminal behaviour frequently committed by people who donHt conceive or
themselves as criminals.
)erson defines the situation to show that actions not really crimes.
5hey commit crime without change in self Iimage.
Criminal Bustice agencies play a role in process by which a person comes to
accept a criminal self= image, by labeling them criminals.
5his label overrides other labels leading to discrimination by society and
association with similarly labeled persons.
Rose J. Ayugi Masinde 21
L!be+i"* Pe#'5e-ti$e'
&efinition of crime
&efined by social action and reaction.
Conferred by those who have power to label.
@ocus of analysis
>elationship between offender and those with
)ower to label.
Cause of crime
'tigmatiEation and negative effects of labeling.
Nature of offender
&etermined !by$ labeling process.
>esponse to crime
&iversion from formal system.
Crime prevention
&ecriminaliEation.
>adical non I intervention.
7peration of criminal
9ustice system
'ystem should not have stigmatiEing effect.
-reater tolerance and minimal intervention.
Me!"i"* o. -#i4e to -#i4i"!+.
9. ?atE6 'eduction of crime !1"**$ more important to understand the
foreground variable= what are people trying to do when they commit crimeC
@ocus on the meaning of crime for the criminal.
Criminal action is an attempt to transcend a moral challenge faced by the
criminal in the immediate situation.
.ngaging in crime involves transcending a moral challenge and achieving a
moral dominance. !5hrill$.
@undamental meaning of crime for the criminal is to escape the control of
others and to impose control on others.
The 4e!"i"* o. -#i4e to the +!#*e# 'o-iet06 De$i!"-e !"% 'o-i!+ #e!-tio".
/egally spea(ing, societies create crime by passing laws.
'ocial reaction theorists view this as part of general process in society of
defining and suppressing deviance.
5hose who define others, as deviants must be more powerful than the
deviants.
Rose J. Ayugi Masinde 22
St!te 5o&e# !"% the 4e!"i"* o. -#i4e6 -o"t#o+?o+o*0.
7ne group of theorists focus on the group who defines other people as
deviant !controlIology &itton 1"#"$.
<ichael @oucault !1"3#$ prisons developed as a manifestation of state power
where state control was redefined as rehabilitation of soul and mind of
offender.
'tate attempts to maintain legitimacy by pac(ing control efforts to appear
reasonable, humane and necessary.
,ll state control mechanisms wor( in a coherent way despite diversity to
achieve a wide spread control over entire society.
5heories on meaning of crime discuss issue of power.
1%. CONFLICT CRIMINOLOGY
2ased on contrasting views presented by social theorists6 consensus view of
society and conflict view.
2asic argument of conflict criminology is that there is an inverse relation
between power and official crime rates6 people with less power are more
li(ely to be officially defined and processed as criminals
5. 'eellins culture conflict theory !1"+*$ presented criminology theory
focused on conflict of conduct norms6 law reflects conduct norms of the
dominate culture.
-orge Dold !1"4*$ -roups conflict theory focusing on conflict of interests.
Conflict is one of the principal and essential processes in the continuous and
going functioning of society.
5he whole process of law ma(ing law brea(ing and law enforcement reflects
deep seated and fundamental conflicts between group interests.
Criminal behaviour is the behaviour of minority power groups.
R. 3/i""e0F' Theo#0 o. the 'o-i!+ #e!+it0 o. -#i4e
5he social reality of crime is constructed by the formulation and application
of criminal definitions, the development or behaviour patterns related to
criminal definitions and the construction of criminal conceptions.
A. T/#)F' Theo#0 o. -#i4i"!+iG!tio".
'ocial order is based on a consensus I coercion balance maintained by the
authorities.
5ur(s theory specifies conditions under which cultural and social
differences between authorities and subBect will result in conflict and
criminaliEation will occur.
Ch!4b+i'' !"% Sei%4!" 87DH79 A"!+0'e' o. the C#i4i"!+ (/'ti-e '0'te4.
Rose J. Ayugi Masinde 23
Consensus perspective and conflict perspectives provide radically different
versions of how the criminal Bustice system functions.
.mergence of legal norms consistently shows the immense importance of
interest group activity not the public interest as a critical variable.
5he higher a groupHs political and economic position, the greater their views
reflected in the laws.
Dalues of the Budge will be primarily oriented to the wealthy rather than the
poor.
M-G!##e++ !"% C!'te++!"e 87DDD9 I"te*#!ti$e Co".+i-t 4o%e+.
)roposed athree level analysis of the criminal law formulation process6
structural foundations of crime, enforcement of criminal law and enactment
of criminal law.
(oh" H!*!" 87D@D9 St#/-t/#!+ -#i4i"o+o*0 .
Crime must be explained in terms of F power relationG rather than
powerlessness it self.
&ifferent class types are more or less li(ely to perceive inBustice in the
criminal Bustice system.
8ayan suggests research should go beyond superficial analysis by loo(ing at
the relations between social actors and institutions, history and social
context.
Do"!+% B+!-) 87DHB9 Beh!$io/# o. +!&.
/aw is social control and will be greater where other forms of social control
are wea(er.
Conflict criminology implies that greater equality in the distribution of
power among groups should result in greater equality in the distribution of
crime rates.
1+. CRITICAL CRIMINOLOGY.
mbrella designation for a series of emerging perspectives !<arxists, post
modernist and feminist$.
5hey argue that values cannot be separated from the research agenda and
the need to advance a progressive agenda favouring disprivileged peoples.
A MAR>ISM AND MAR>IST CRIMINOLOGY 87@7@ ? 7@@:9
)resented conflict between the material forces of production and social
relations of production.
Industrial revolution reflected a sudden a violent restructuring the social
relations of production.
Rose J. Ayugi Masinde 24
8e predicted ta(e over of socialism to replace capitalism , restructuring of
the social relation of production would be inevitable at some point.
nequal distribution of wealth in society produced unequal distribution of
power, leading to demoraliEation.
Crime is not a willful violation of the common good but the struggle of
isolated individual against the prevailing conditions !primitive rebellion
thesis$
, socialist society would eliminate crime because it would promote a concern
for welfare of all.
/aw is an instrument of the ruling class used to its advantage and at the
expense of other groups.
.very political economic system contains contradictions that cannot be
resolved without changing the fundamental structure of the society crime is
a response to those contradictions.
8B POST MODERNISM AND POST MODERNIST CRIMINOLOGY.
2elieve that all thin(ing and (nowledge are mediated by language and
language is never a neutral medium.
'cientific thin(ing does not have a special position.
)ostmodernism see(s out the disparaged points of view to ma(e them more
exploits and legitimate, so that there is diversity of views.
<odernism and science has led to increased oppression rather than to
liberation.
5he obBective is to expose the structures of domination especially the
language systems.
.xamine the relationship between human agency and language in the creation
of meaning, identity, truth, Bustice, power and (nowledge !through discourse
analysis$
'pecific attention is paid to the values and assumptions implied in the
language used by the author.
&iscourses are either dominant e.g. language of medicine, law and science or
oppositional e.g. the language of prison inmates$
5he goal is to move to a situation where different discourses are recogniEed
as legitimate !replacement discourses$.
-oal is greater inclusively, more diverse communication and a pluralistic
culture.
)ostmodernists listen carefully to the otherwise excluded views in
constituting the definition of criminal acts.
Creating a society of in which alternative discourse liberates citiEens will
legitimate the role of the citiEens in the proBect of reducing crime.
Rose J. Ayugi Masinde 25
8C FEMINISM AND FEMINIST CRIMINOLOGY.
,rose from critiques that argued that a number of topics related to women
offenders had largely been ignored or heavily distorted within traditional
criminology.
<ost criminology theories did not explain criminal behaviour of woman and
difference between women and men in participation in crime.
@ailed to address the different ways in which women were treated by the
criminal Bustice system.
@reda ,dler !1"#4$ women were becoming more aggressive and competitive.
>uta 'imon !1""1$ women were moving out of traditional homebound roles
and encounting wider variety of opportunities to commit crime.
Critical feminism arose to challenge the social structure within with liberial
feminism operated.
<arxist feminism tied patriarchy to the economic structure of capitalism.
5he criminal Bustice system defines as crime those actions that threaten
this capitalists patriarchal system.
)ostmodern feminism suggests that male dominated thin(ing is as legitimate
as feminist thin(ing.
Is there some definable and separate Ffeminist thin(ingG that diverges from
and is even incompatible with traditional criminologyC
&aly and Chesney= /ind I ,rgue that there are differences between women
and men criminologistHs women address the gender ratio problems where as
men address the generaliEability problem.
7;. DEVELOPMENTAL CRIMINOLOGY.
&ifferent factors may have different effects on the offenders of different
ages.
Crime explained in the context of the life course.
'ome factors explain criminal behaviour at start of childhood, others at
adulthood.
The *#e!t %eb!te6 C#i4i"!+ -!#ee#'6 Re+!tio"'hi5 bet&ee" A*e !"% C#i4e.
, career criminal is a chronic offender over a long period of time.
7ne view6 independent of other sociological explanation, age simply matures
people out of crime and therefore no reason to attempt to identify and
selectively in capacitate career criminals.
&ebate boiled down to criminal propensity and the Fcriminal careerG
positions. 'ome people are more prone to commit crime and other people less
prone. 5his is what needs to be explained not the age crime curve.
2ut criminal career position believe that different set of variables may
explain behaviour at different points in the life course6
Rose J. Ayugi Masinde 26
Necessary to build separate models for age of onset, participation,
frequency, duration, and desistance.
Charles 5ittle !1"**$ suggests that the labeling and control theory can be
used to explain the age crime relationship from the criminal career
perspective.
N!*i" !"% L!"% 87DD: $6 .fforts should be now being
directed to new challenges6 developing theory of developmental criminal with
strong roots in development psychology.
New theories that treat crimes as social events in the life course.
Tho#" be##0 T6 I"te#!-tio"!+ Theo#0.
Combines control and social learning attempting to increase their collective
ability to explain deliquent behaviour will change over an individualHs life
course.
)oor association may affect behaviour but behaviour in turn can influence
oneHs selection of peers.
S!45'o" !"% L!/bF' A*e C *#!%e% theo#0 o. i".o#4!+ 'o-i!+ -o"t#o+
87DD:9
'tudy aim to access the factors most related to Buvenile delinquency.
5he theory has three components6 9uvenile delinquency; behaviour
transitions to adult hood; and adult criminal behaviour.
Change is common in the life course, 9uvenile delinquents often do not turn
out to be adult criminals and adult behaviour can change.
'trongest effects on delinquency were family, school and peer factors,
which are, influenced somewhat by structural variables.
@airly new theory6 loo(ing also at how the changing relationship between an
individualHs development and his or her community may affect ones li(elihood
to engage in delinquency or crime.
INTEGRATED THEORIES
5here are many theories and issues should we reduce the number of
theories by falsifying some of themC
7r should we integrate them as a way of reductionC
Integration is an alternative to falsification.
E++iot et !+ I"te*#!te% theo#0.
,ttempt to combine strain, control and social learning to explain delinquency
and drug use with greater power.
,rgue that delinquency should be highest when an individual experiences
strong strain and wea( control !as a result of inadequate socialiEation$.
Integrate social control and social learning by arguing that an individual can
form strong or wea( bends to conventional or deviant groups.
Rose J. Ayugi Masinde 27
5hird step in integration is to propose a single line of causation that includes
saviables from all three theories.
'train
Inadequate Aea( 'trong &elinquent
'ocialiEation Conventional &elinquent 2ehavior
2onding 2onding
'ocial
&isorganiEation
8irschi critic of this integrated approach.
2raithwaiteHs theory of >eintegrative shaming !1"*"$.
It draws on labeling, sub cultural, opportunity, control, differential
association, and social learning theories.
8e creates a new theoretical concept reintegrative shaming.
'tigmatiEation and reintegration.
>eintegrative shaming leads to lower crime rates whereas stigmatiEing
shaming leads to higher crime rates.
New theory that has not received much discussion in literature or subBected
to much empirical testing.
Titt+e' -o"t#o+ B!+!"-e Theo#0 87DDA9.
)roposes a theory that integrates essential elements from differential
association, <ertonHs anomie, <arxian conflict, social control labeling,
detterrence, and routine activities theories.
,rgues adequate theory must be able to explain a broad range of devient
behaviour.
)roposes a new concept around which to integrate the prepositions from
earlier simpler theories.
5heory too recent to have been subBected to criticism or testing.
Vi+!F' Ge"e#!+ P!#!%i*4 87DD;9.
2roadest and most complex approach to integration.
If a theory is to be general enough to explain all criminal behaviour it must
be ecological, integrative, developmental and must include both micro level
and macro level explanations.
Dila criticiEes existing theories for not allowing macro= level correlates to
crime !such as social disorganiEation$ to vary over time.
Central assumption of the model is that all crimes involve the see(ing of
resources.
<athematical chaos theory rather the traditional linear models will best
predict the development of criminality over an individual life.
Rose J. Ayugi Masinde 28
Dilas paradigm is frustratingly general.
Critical questions whether social scientists are capable of testing theories
that are as complex as required by this paradigm.
Be#"!#% !"% S"i5e' I"te*#!te% Mo%e+.
Chart middle course between 8irschiHs stance against integration and
integrated theories.
5heir goal is to interpret criminology theories in a way that allows them to
be both broadly integrated and readily tested.
5hey argue that the theories ma(e different but not incompatible
arguments and therefore they can be broadly integrated.
,rgue that criminologist should shift their focus from theories to variables6
what variable are related to crime and in what waysC
5his approach places theory in its proper role in the scientific process.
)ropose a new interpretation of criminological theories to replace the strain
or control cultural deviance interpretation.
New interpretation based on the location of independent variations in the
theory.
5here are two categories of criminology theories6 structure Lprocess and
individual differences theories.
A''e''i"* C#i4i"o+o*0 Theo#ie'. C#i4i"o+o*0 !' ! S-ie"-e
, good theory is practical.
A.INDIVIDUALS DIFFERENCES THEORIES6
/ombrosoHs theory on physical appearance and crime are false, but body type
!'heldonL cortes$ seems to indicate a correlation.
8owever the correlation is mediated by some other variable, such as
personality or motivation.
5herefore physical appearance in itself is never actually a cause of crime
and these theories should be abandonedC
Theo#ie' !bo/t i"te++i*e"-e6 5here is correlation between lower the score
and increased li(elihood of crime.
Kuestion is whether there is some sense in which low intelligence itself
causes crime.
Intelligence itself has independent casual impact on crimeC
Bio+o*i-!+ V!#i!b+e'6
5win and adoption studies support the nation of a biological and hereditary
impact in human behaviour.
8owever the effect of these factors on the probability or engaging in
criminal behaviour has not been well measured.
-enetic research needs to continue to address the contribution of these
factors to the overall theory of individual differences.
Rose J. Ayugi Masinde 29
7ther biological factors or characteristics suggest some modest casual
impact on the li(elihood of community crime, all lin(ed to antisocial devient
or criminal behaviour.
8owever the process by which these variable are lin(ed to criminal
behaviour are not well understood.
&espite these questions, it seems reasonable to conclude a casual
relationship exists between these biological characteristics and the
probability of engaging in criminal behaviour.
If so then a variety of policy intervention that can reduce crime !e.g.
prescribing lithium carbonate to increase serotonin levels$.
P'0-ho!"!+0ti- Theo#ie'6 may or may not have validity, but seem impossible
to test.
5he sources of independent variations that they identify are not susceptible
to practical interventions through crime policiesC
Pe#'o"!+it0 T05e'6 'eems to apply psychological labels to criminals, which
add nothing to our (nowledge about the person or to our ability to anything
to reduce the criminal behaviourC
5here may be some personality characteristics associated with an increased
ris( of engaging criminal behaviour but research to date has not clearly
determined what those are.
.arlier childhood problem behaviours and poor parental child management
techniques are both associated with increased li(elihood to later criminal
and delinquent behaviour.
)olicy implications should focus on training parents in effective child rearing
techniques and early cognitive behaviour interventions with problem
childrenC
So-io+o*i-!+ theo#ie'
,ssociation, strain, cultural theories, control and life style theories have
implications about individual differences, which increase the probability of
community criminal behaviour
>ecent integrated theories important to recogniEe both multiple cause
!independent contributions from different theories$ as well as interactive
causes !synergetic contribution from different theories in explaining crime
e.g. biosocial theory.
Integrating various theories must be done with careful attention to the way
they may fit together.
B. STRUCTUREI PROCESS THEORIES
5hese theories assume that there are situation that are associated with
higher crime rates.
Rose J. Ayugi Masinde 30
5heories identify variables in the situation itself that are associated with
higher crime rates.
5hey are complex, descriptive and hard to locate, they have to be tested at
the individual level. 'ometime there can be high levels of variables and it
becomes difficult to determine which !if any$ is causally related to the crime
rate and which have no impact.
E-o"o4i- 4o%e#"iG!tio" !"% %e$e+o54e"t6 are associated with higher
property crime rates.
'ince moderniEation is not a reversible process, strong counter measures
should involve increasing effectiveness of measure such as surveillance,
alarm systems and neighbourhood waterC
.conomic moderniEation and development is not strongly associated with
higher rates of violence.
<any underdeveloped societies are extremely violent, and at least some
developed societies have little violence.
.conomic development tends to be associated with great deal of economic in
equality and economic inequality is associated with higher rates of violence.
5his association is asserted as structural arguments, and policy implication
involves reducing inequality.
5his policy could also reduce the overall rate of economic growth in society.
If this is the case, it would be necessary to balance the qairis associated
with violence reduction against the losses associated with slower economic
growth before implementing this policy.
'ocieties whose cultures have a strong emphasis on the goal of material
success while only a wea( emphasis on adhering to the legitimate means will
tend to have higher rates of instrumental crime than other societies.
)olicy implication of these theoretical arguments include changing the
culture reducing the emphasis on achieving material success and increasing
the emphasis on adhering to the legitimate means.
C. THEORIES OF THE BEHAVIOUR OF CRIMINAL LAW
/aw defines the natural boundaries of the society by excluding and punishing
criminal and other deviants.
5he great expansion of incarceration is motivated by a threatened sense of
social soliclarity in the larger society, rather than by the perceived threat
of crime itself.
'tate responded to the victimiEing behaviours of lower class people with
criminal sanctions, but responds to the victimiEing behaviours of white=collar
people with regulations and civil violations.
,ccording to <arxist conflict theories people in legislative and criminal
Bustice agencies act in ways that are consistent with their interests where
those interests are shaped by social structure.
Rose J. Ayugi Masinde 31
Conflict theory argues that the enactment and enforcement of criminal law
is shaped by the distribution of political power.
>egardless of what alter interests are served by the criminal law, it must
serve the economic interests of the owners of the means of economic
production.
5heories of the behaviour of criminal law, do not contradict theories of
criminal behaviour.
Criminologist must come up with theories that simultaneously explain the
behaviour of criminal law and the behaviour of individual criminals !unified
theory of crime$
PART B
PENOLOGY
Re-o44e"%e% Te=t'.
1. Cross, >upert; )unishment )rison and the )ublic !the
8amlyn lectures %+
rd
'eries, /ondon, 'tevens :
'ons$
%. .Eors(y, -ertrude; )hilosophical )erspective on )unishment !
New ;or(, 'tate niversity of New ;or( )ress$
+. 7ru(a, 7dera; )unishment and 5errorism in ,frica6 )roblems
In the )hilosophy and practice of punishment !
Nairobi, ..,2$.
1. <anheim, 8ermann$, 5he &ilemma of penal >eform !/ondon,
-eorge ,llen and nwin$.
4. 'mith, ,lexander; 5reating the criminal 7ffender !New ;or(,
&obbs @erry$
3. Aaldron, ppal et al 5he criminal 9ustice system !2oston 8oughton,
: Co.
#. ?orn, >ichard Criminology and penology !New ;or(, 8olt$
*. ,lper, 2enedict, )risons Inside 7ut !Cambridge, 2allinger
Co.$
". ?lare, 8ugh; Changing Concepts of Crime and its 5reatment
!7xford, 2ergamon )ress$.
10. Ailson, <argaret; 5he Crime of )unishment !7xford,
9onathan Cape$
SECTION :
5he )hilosophy of )unishment.
&ebate on )unishment.
Rose J. Ayugi Masinde 32
5he )roblem of &efinition.
5he -oals of )unishment.
- >ehabilitation , tarnished IdealC
- &eterrence6 , call for further nderstanding.
- >etribution.
Is )unishment Necessary
>ecommendations on )unishment.
5he Ideology of Imprisonment.
PART C
SELECTED ISSUES IN CRIME

Crime and the <edia
2ias in the Criminal 9ustice 'ystem
Crime, Culture and Community
Ahite Collar and Corporate Crime.
New ways to brea( the law6 Cyber crime and the )olitics of 8ac(ing
Crime 'tatistics, )atterns, and 5rends.
;outh &elinquency and gang culture
@emale criminality
-lobalisation and crime
&eviance and moral panics

Rose J. Ayugi Masinde 33

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