Crime : The Sociological Context

and Concept/,Typology
 Introduction

 The Social Concept of Crime

 Child abuse, murders, domestic violence, fraud, political corruption and so on, are always
the news of the day, on our local media. Even in the newspaper reports and suspense novels
always gather the best – sellers list in the world. The crimes that appeal most to the news
media are those that are visible and spectacular. They have sexual or political implications
and always threaten the social order. They can be presented in a graphic – usually violent –
terms and seem to be a product of individual aberrations rather than social conditions. Most
people have a common sense of what crime is, but social scientists try to define crime in
precise terms. By defining crime in an exact way, criminologists specify the domain of their
study. The definitions of crime influence the causes of criminal behaviour that criminologist
will study.

 Contd

 Michael Gottfredson and Travis Hirschi (1980) in their influential book – “A General Theory
of Crime”, define crime as “an act of force or fraud undertaken in pursuit of self – interest”.
They explicitly avoid defining crime in legal terms. That is, a definition in terms of violating
the criminal law. They preferred a definition that is based on “the nature of crime”. This is
based on what they referred to as “ordinary crime”. Ordinary or mundane crime is described
as a crime that provides immediate and easy gratification of desires, few long-term benefits,
little skill or planning, and pain for the victim. This definition excluded the highly organised
crimes such as murder and armed robbery, etc. Gottfredson and Hirschi suggest that highly
structured crimes are rare in certain societies because scholars or law – enforcement officials
have imposed rules on what is really the impulsive behaviour of individuals.

 Contd.
 A very different concept of crime appears in a book written by Herman and Julia
Schwendinger (2001). They define crime as violations of “the historically determined rights
of individuals”. They suggest that their broader definition would incorporate most current
violations of the criminal law, but it would reconstitute the study of crime by focusing
attention on racism, sexism, and poverty. They treat as criminals those people who deny
others the basic human rights. However, criminologists differ in such definition. The problem
is that they disagree on what constitute the basic human rights.

 Contd..

 They argue for instance, by posing the question is political leaders who allow poverty to
persist by not redistributing income to be regarded as criminal? Or might they be seen as
criminal if they taxed the rich at such a high rate as to deprive them their property? The
Schwendingers’ definition of crime implies that the causes of crime exist in the institutions of
society, and more especially in the institutions of capitalist economies. This definition allows
them to develop a radical critique of capitalism and to encourage criminologists to become
“guardians of human rights” rather than “defenders of order”.

 Contd..

 Social scientists argue that if we are interested in knowing why people engage in behaviour
that is detrimental to society, we should go beyond the legal definition and include
behaviours that is defined as criminal but for which no arrests have been made. They further
argued that those accused of crimes but not prosecuted because of the legal technicalities
should be included. The main factor is that the focus must be on the behaviour. We then ask
thereof why do people do what they do? This approach claims that the legal technicalities are
not relevant to the study of criminal behaviour.

 Contd..

 To understand the social concept of crime, social scientists in addition emphasised that
deviant behaviour, which is behaviour that is quite different from the peoples’ held social
norms but not generally covered by the criminal law, should also be studied. For example, in
Nigeria, fornication, prostitution, smoking, gambling etc is unconstitutional. Some people
 consider these behaviours to be deviant and reject its typical legal approach today. The
behaviour ‘deviant’ is established only when force is used or the acts involve minors or other
persons who are unable to consent legally. In some societies, we observed that it is only those
persons who have actually been convicted of crimes that are considered criminal.

 Nature

 The Nature of Crime

 The study of crime and criminal behavior necessitates a close look at types of crime,
Criminal behavior is analyzed in terms of typologies which is the focus of this unit. Here, we
shall examine the four typical types of crime according to their nature of affiliations. There
are (a) violent crimes, (b) property crimes, (c) business and government related crimes and
(d) drug abuse, drug trafficking and organised crimes.

 Contd…

 Violent Crimes Violent crime is one of the conventional crimes. The other is property crimes.
Violent crimes are more feared, but property crimes are more common. The major types of
serious violent crimes are (i) murder and non – negligent manslaughter, (ii) forcible rape, (iii)
robbery, (iv) aggravated assault,(v) others are domestic violence and terrorism. i. Murder and
Non-negligent Manslaughter are combined and defined as “the willful (non-negligent) killing
of one human being by another”. But not all willful killings are considered as murder.

 Contd…

 Generally, the term homicide is used to refer killings, some of which may be lawful.
Homicide is the killing of a human being by the act, procurement, or omission of another,
death occurring at any time, and is either, (1) murder, (2) homicide by abuse, (3)
manslaughter, (4) excusable homicide, or (5) justifiable homicide. Some of these terms need
further explanation. The killing of another person might be justifiable homicide, as when a
police officer kills in the line of duty or a police officer’s shooting of a dangerous offender
who is about to hurt someone.

 Contd..
 A homicide may be excusable, such as taking the life of another person who is trying to
inflict serious body harm or accidental shooting of a playmate by a child. Homicide by abuse
involves a death that occurred as a result of abusing a child or an adult. The above statement
involves only the killing of “a human being”. In addition to varying definitions of murder,
the law distinguishes degrees of murder, such as first, second, or third, with first – degree
murder being the most serious. They also distinguish murder from manslaughter we have two
types – voluntary manslaughter and involuntary manslaughter. Voluntary manslaughter refers
to an intentional killing of a person while the defendant is in the heat for passion and
provoked by the victim.

 Contd..

 Involuntary manslaughter is a killing which was not intended. An analysis in murder must
consider the impact of Euthanasia, also called mercy killing. Euthanasia involves taking the
life of a person who has indicated that he or she wishes to die but needs assistance in doing
so. Usually the person is in severe pain as a result of a terminal illness or a disability.

 Contd..

What is homicide?

Distinguish between justifiable and excusable homicide with

examples

ii. Forcible Rape

Under the common law, forcible rape was referred to as the unlawful

carnal knowledge which limited the sex to acts involving the male penis

and the vagina of a woman without her consent. The act required

penetration of the penis into the vagina. In this definition, the victim

cannot be a man; nor could the female victim be the spouse of the

perpetrator.
Contd..

Technically, the definition of forcible rape could include

marital rape, which is the rape of a woman by her husband, but in fact,

the prosecution of such case is rarely reported. Another type of rape is

date rape where there is a forced sexual intercourse during a situation in

which the alleged victim has agreed to some forms of social contact but

not sexual intercourse

Contd..

Some define it to include only the rape of women; others include the

rape of both genders. While some state refer it to the actual penetration

of the vagina by the penis; others include rape by instrumentation. Rape

by instrumentation involves the penetration of the genital or anal

openings of another by a foreign object under specified circumstances.

The most important component of rape is that a person commits the

offence when he has carnal knowledge of;

(1) A female forcibly and against her will; or

(2) A female who is less than ten years of age. Carnal knowledge in

rape occurs when there is any penetration of the female sex organ

by the male sex organ

Contd..

iii. Robbery
Two elements distinguish robbery, a form of theft, from larceny-theft.

In robbery, possessions are taken from a person by the use or threat of

force. Thus, robbery is not just a property crime but also a crime against

the person. The crime might result in personal violence. The use or

threat of force must be such that it would make a reasonable person

fearful. Common law defines robbery as the taking the property of

another, with the intent of permanently deprived the person of that

property by means of force or fear. Types of robbery include armed

robbery which uses weapons, aggravated robbery uses deadly weapons,

High way robbery takes place in public places such as sidewalk, street

and parking lot, and Carjacking is the act of stealing a car from a victim by force.

Contd..

iv. Aggravated Assault

An assault is an unlawful attack by one person on another, some

criminologists distinguished between simple and aggravated assaults. In

simple assault, no weapon is used and no serious injury incurred, but in

aggravated assault, the purpose of the attack is to inflict severe injury

and a weapon is typically used. An Assault could be distinguished from

a battery. Technically, a battery is the unauthorised, harmful or offensive

touching, while assault is the threat to inflict immediate bodily harm.

Contd..
v. Domestic Violence and Terrorism

Any person who willfully inflicts upon a person who is his or her

spouse, former spouse, cohabitant, former cohabitant, or the mother or

father of his or her child, corporal injury resulting in a traumatic

condition, is guilty of a felony and constituted domestic violence.

Domestic violence has been considered a personal, domestic problem,

and not an act of terrorism. Domestic violence involves other types of

violence such as child abuse, abuse of the elderly or aged, female and male battery. Child abuse
is used to include neglect as well as physical and sexual abuse.

Contd..

Terrorism

Terrorism comes from a French word ‘terrorism’ which was derived

from the Latin verb terreo meaning ‘l frighten’. A person is guilty of

terrorism if he threatens to commit any crime of violence with purpose

to terrorise another or to cause evacuation of building, a place of

assembly, or facility of public transportation, or otherwise to cause

serious public inconvenience, or in reckless disregard of the risk of

causing such terror or inconvenience. The categories of Terrorism

include (a) civil disorder (b) political terrorism (c) non-political

terrorism (d) quasi terrorism (e) limited political terrorism and (f)

official or state terrorism. A primary objective of a terrorist is to create

Contd..

effect. In addition,

he seeks to destroy the confidence people have in government.

B. Property Crimes

Property crimes involve either the theft or the destruction of property.

Theft can take the form of burglary, Larceny, motor vehicle theft, or

fraud. Destruction of property occurs in the crimes of arson and

vandalism.

The distinction between violent crimes and property crimes are not

clear-cut. For instance, a robbery is the theft of property from a person

by force or threat of force, making it both a property crime and a crime

of violence

Contd..

i. Burglary

Burglary is unlawful entry of a building to commit a serious crime,

usually the theft of property. A burglary might turn into robbery if the

person confronts the owner of the building and uses force to steal. The

target of a burglar is both/or could be private and public establishments

such as stores and offices.

Contd..
ii. Larceny – Theft

Larceny – theft is the unlawful taking, carrying, leading, or riding away

of property from the possession or constructive possession (the

condition of having the power to control and item along with the intent

to do so) of another. The crime does not include embezzlement and

forgery of cheques. It does include crimes such as shoplifting, pocket picking,

purse-snatching, theft from motor vehicles, thefts or motor

vehicle parts and accessories, bicycle thefts, etc in which no use of

force, violence, or fraud occurs.

Contd..

iii. Motor Vehicle Theft

Motor vehicle theft is often distinguished from larceny, of which it is

actually one form. The reason is that motor vehicle theft involves

property of much greater value than is commonly stolen in other types

of larceny. .

iv. Fraud

Fraud is the crime of obtaining money or property by false pretences. In

criminal law, fraud is a wrongfully or criminal deception that intends to

result in financial or personal gain or to damage another individual. It is

an example of white-collar crimes committed by high-status persons in

corporate companies
Contd..

There is always low awareness to this crime

because it is not adequately reflected in official statistics. It is not also

frequently investigated by the police. Fraud can be committed through

many media, including mail, wire, phone and the internet (computer crimes)

Contd..

v. Arson

Arson is defined as any willful or malicious burning or attempt to burn,

with or without intent to defraud, a house, public building, motor vehicle

or aircraft, or personal property of another. The definition includes only

those fires that are found to be set maliciously or willfully. Fires of

unknown or suspicious origin are excluded in the definition.

vi. Vandalism

Vandalism is the willful or malicious destruction, injury, disfigurement,

or defacement or property without consent of the owner. Breaking the

windows in an abandoned building is an act of vandalism.

Contd..

B. Business/Government – Related Crimes

Social scientists disagree about the best way to categorize crimes

associated with occupations and businesses. The most familiar term white-collar crime is not
defined uniformly. It was Coin by Edwin H.
Sutherland (1949). By white-collar crime, Sutherland meant “a crime committed by a person of
respectability and high social status in the course of his occupation. They established that
corporate crime is a

form of white-collar crime, but unlike the later, it may involve

individuals or small group of individuals acting within their professional or occupation capacity.

Contd..

There are many criminal acts that may be classified as business – related

crimes. They are (i) avoidance or evasion of taxes, (ii) bribery or

extortion, (iii) conspiracy, and (iv) embezzlement.

Contd..

(i) Avoidance or Evasion of Taxes

Tax fraud is a crime that may be committed individually or in

conspiracy with another person. The most commonly recognised tax

fraud charge is that of evasion of federal or state income tax. It could

also be through evasion of sales tax.

Contd..

(ii) Bribery and Extortion

Historically, bribery was defined as corruption in the administration of

justice. The modern concept of bribery includes the voluntary gift or

receipt of anything of value, in corrupt payment for an official act

Contd..
already done or to be done, or with the corrupt intent to influence the action of a public official
or any person involved with the administration of public affairs. The law defines bribery and
graft as the offering, giving, soliciting, or receiving of anything of value in connection with

the procurement of materials. Bribery is distinguished from extortion or blackmail, which refers
to obtaining property from others by wrongful use of actual or threatened force, fear or violence,
or the corrupt taking

of a fee by a public officer. Extortion is the threat to do something

illegal, or the offer not to do something illegal, in the event that goods

are not given, but primarily using words instead of actions to achieve the goal.

Contd..

(iii) Conspiracy

Conspiracy simply means a secret plan by a group to do something unlawful or harmful; i.e. the
act of plotting. In criminal law, conspiracy

occurs when two or more people agree to do something illegal, or to do something legal but to do
it in an illegal way. There are two categories of conspiracy:

a. Statutory and b. common law conspiracy. With one exception,

the two are mutually exclusive.

Contd..

If the act which the conspirators agree to commit is an offence, then the

charge should be statutory conspiracy. The exception is when the

conspiracy is fraud. The statutory conspiracy as stated in the act of the

criminal law provides, that if a person agrees with any other person or

persons that a course of conduct shall be pursued which, if the

will necessarily amount to or involve the commission of any offence or

offences by one or more of the parties to the agreement would do so but

for the existence of facts which render the commission of the offence or

any of the offences impossible, he is guilty of conspiracy to commit the

offence or offences in question. Elliott and Quinn (2004).

Contd..

(iv) Embezzlement

Embezzlement is the act of wrongfully appropriating funds that has been

entrusted into one’s care but which is owned by someone else. The most

common embezzlement is by employees, but others with fiduciary

responsibility can also be charged with embezzlement. Fiduciary implies

a relationship in which one person has a responsibility of care for the

assets or rights of another person. The term is derived from a Latin word

which means ‘faith’ or ‘trust.’

Contd..

Four conditions must be present in order for a charge of embezzlement

to be relevant:

a. There must be a fiduciary relationship between the two parties.

b. The defendant must have acquired the property through the

relationship rather than other manners.

transferred the property to someone else.

d. The defendant’s actions were intentional.

Example of embezzlement include the bus conductor who takes

passenger refunds for himself, the bank teller who pockets deposits, and

the payroll clerk who doesn’t deposit the correct amount of employment

tax, keeping the rest for himself

Contd..

C. Government – Related Crimes

A variety of crimes may be committed against the government. The

crime focuses on (i) obstruction of justice, (ii) official corruption, and

(iii) civil-rights violations

(i) Obstruction of Justice

The term obstruction of justice refers to acts that interfere with the

orderly process of civil and criminal courts. The crime may be

committed by judicial and other officials, in which case it might

constitute the crime of official misconduct in office. It refers to any

willful, unlawful behaviour by public officials in the course of their

official duties. The misconduct of many consists of a failure to act or an

improperly performed official acts.

Contd.
(ii) Civil Rights Violations

In recent years attention has been focused on one of the most offensive

types of abuse of power by government, the violation of civil rights. The

most recent and serious civil rights violations example is the abuses

committed by the Muslim militant sect called Boko Haram. The sect

was responsible for killings, bombings, and other attacks throughout

Nigeria. Other serious violations include politically motivated and

extrajudicial killings by security forces, arbitrary arrest and detention,

executive influence on the judiciary and judicial corruption, the killing

of children suspected of witchcraft, child sexual exploitation, regional

discrimination and trafficking in persons for the purpose of prostitution

and forced labour.