Crime,Criminology

7/28/2019 Crime,Criminology

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National College Mihail Kogalniceanu

Class : XI I A

Crime,Criminology

And

Forensics

Teacher: Oanca Leonte AncaStudent:Bratu Andreea-Elena


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Crime, Criminology and Forensics

Contents

1.Definition of crime3

2.History of crime.5


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Definition of crime

Crime is the breaking of rules or laws for which some governing authority (via mechanisms such as

legal systems) can ultimately prescribe a conviction. Crimes may also result in cautions, rehabilitation

or be unenforced. Individual human societies may each define crime and crimes differently, in

different localities (state, local, international), at different time stages of the so-called "crime", from

planning, disclosure, supposedly intended, supposedly prepared, incomplete, complete or future

proclaimed after the "crime".

While every crime violates the law, not every violation of the law counts as a crime; for example:

breaches of contract and of other civil law may rank as "offences" or as "infractions". Modern

societies generally regard crimes as offences against the public or the state, as distinguished from

torts (wrongs against private parties that can give rise to a civil cause of action).

Crime in the social and legal framework is the set of facts or assumptions (causes, consequences and

objectives) that are part of a case in which they were committed acts punishable under criminal law,

and the application of which depends on the agent of a sentence or security measure criminal.

Usually includes a felony violation of a criminal rule or act against law, in particular at the expense of

people or moral. A crime may be illegal (as is the cause of evil or injury) or perfectly legal (when the

act done is not a necessary consequence of the conduct of the agent but determined by others).

Illegal and punishable crime is the violation of any rule of administrative, fiscal or criminal liability on

the part of agents of the state or practice of any wrongdoing and notoriously harmful to self or

against third parties, provided for in criminal law, since they practiced with guilt (the first act that

causes injury criminal actions or omissions to produce adequate evidence also illegal). Legal and notpunishable crime are all acts in self-defense or otherwise determined by the illegal or criminal

conduct of others that happened in the first place (or omission adequate to protect the staff member

who is a victim of illegal crime)

Other definitions

Legislatures can pass laws (called mala prohibita) that define crimes against social norms. These laws

vary from time to time and from place to place: note variations in gambling laws, for example, and

the prohibition or encouragement of duelling in history. Other crimes, called mala in se, count as

outlawed in almost all societies, (murder, theft and rape, for example).

English criminal law and the related criminal law of Commonwealth countries can define offences

that the courts alone have developed over the years, without any actual legislation: common law

offences. The courts used the concept of malum in se to develop various common law offences


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History

Some religious communities regard sin as a crime; some may even highlight the crime of sin very

early in legendary or mythological accounts of origins note the tale of Adam and Eve and the

theory of original sin. What one group considers a crime may cause or ignite war or conflict.

However, the earliest known civilizations had codes of law, containing both civil and penal rules

mixed together, though not always in recorded form.

The Sumerians produced the earliest surviving written codes. Urukagina (reigned c .2380 BC2360

BC, short chronology) had an early code that has not survived; a later king, Ur-Nammu, left the

earliest extant written law-system, the Code of Ur-Nammu (c .2100-2050 BC), which prescribed a

formal system of penalties for specific cases in 57 articles. The Sumerians later issued other codes,

including the "code of Lipit-Ishtar". This code, from the 20th century BCE, contains some fifty articles,

and scholars have reconstructed it by comparing several sources.

The Sumerian was deeply conscious of his personal rights and resented any encroachment on them,

whether by his King, his superior, or his equal. No wonder that the Sumerians were the first to

compile laws and law codes. Kramer

Successive legal codes in Babylon, including the code of Hammurabi (c. 1790 BC), reflected

Mesopotamian society's belief that law derived from the will of the gods (see Babylonian law).[Many

states at this time functioned as theocracies, with codes of conduct largely religious in origin or

reference.

Sir Henry Maine (1861) studied the ancient codes available in his day, and failed to find any criminal

law in the "modern" sense of the word. While modern systems distinguish between offences against

the "State" or "Community", and offences against the "Individual", the so-called penal law of ancient

communities did not deal with "crimes" (Latin: crimina), but with "wrongs" (Latin: delicta). Thus the

Hellenic laws treated all forms of theft, assault, rape, and murder as private wrongs, and left action

for enforcement up to the victims or their survivors. The earliest systems seem to have lacked formal

courts.

The Romans systematized law and applied their system across the Roman Empire. Again, the initial

rules of Roman Law regarded assaults as a matter of private compensation. The most significant

Roman Law concept involved dominion. The pater familias owned all the family and its property

(including slaves); the pater enforced matters involving interference with any property. The

Commentaries of Gaius (written between 130 and 180 AD) on the Twelve Tables treated furtum (in

modern parlance: "theft") as a tort.


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Similarly, assault and violent robbery involved trespass as to the pater's property (so, for example,

the rape of a slave could become the subject of compensation to the pater as having trespassed on

his "property"), and breach of such laws created a vinculum juris (an obligation of law) that only the

payment of monetary compensation (modern "damages") could discharge. Similarly, the

consolidated Teutonic laws of the Germanic tribes, included a complex system of monetary

compensations for what courts would now consider the complete[citation needed] range of criminal

offences against the person, from murder down.

Even though Rome abandoned its Britannic provinces around 400 AD, the Germanic mercenaries

who had largely become instrumental in enforcing Roman rule in Britannia acquired ownership of

land there and continued to use a mixture of Roman and Teutonic Law, with much written down

under the early Anglo-Saxon Kings. But only when a more centralized English monarchy emerged

following the Norman invasion, and when the kings of England attempted to assert power over the

land and its peoples, did the modern concept emerge, namely of a crime not only as an offenceagainst the "individual", but also as a wrong against the "State".

This idea came from common law, and the earliest conception of a criminal act involved events of

such major significance that the "State" had to usurp the usual functions of the civil tribunals, and

direct a special law or privilegium against the perpetrator. All the earliest English criminal trials

involved wholly extraordinary and arbitrary courts without any settled law to apply, whereas the civil

(delictual) law operated in a highly developed and consistent manner (except where a King wanted to

raise money by selling a new form of writ). The development of the idea that the "State" dispensesjustice in a court only emerges in parallel with or after the emergence of the concept of sovereignty.

In continental Europe, Roman law persisted, but with a stronger influence from the Christian Church.

Coupled with the more diffuse political structure based on smaller feudal units, various legal

traditions emerged, remaining more strongly rooted in Roman jurisprudence, but modified to meet

the prevailing political climate.

In Scandinavia the effect of Roman law did not become apparent until the 17th century, and the

courts grew out of the things the assemblies of the people. The people decided the cases (usually

with largest freeholders dominating). This system later gradually developed into a system with a

royal judge nominating a number of the most esteemed men of the parish as his board, fulfilling the

function of "the people" of yore.

From the Hellenic system onwards, the policy rationale for requiring the payment of monetary

compensation for wrongs committed has involved the avoidance of feuding between clans and

families. If compensation could mollify families' feelings, this would help to keep the peace. On the


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other hand, the institution of oaths also played down the threat of feudal warfare. Both in archaic

Greece and in medieval Scandinavia, an accused person walked free if he could get a sufficient

number of male relatives to swear him unguilty. (Compare the United Nations Security Council, in

which the veto power of the permanent members ensures that the organization does not become

involved in crises where it could not enforce its decisions.)

These means of restraining private feuds did not always work, and sometimes prevented the

fulfillment of justice. But in the earliest times the "state" did not always provide an independent

policing force. Thus criminal law grew out what 21st-century lawyers would call torts; and, in real

terms, many acts and omissions classified as crimes actually overlap with civil-law concepts.

The development of sociological thought from the 19th century onwards prompted some fresh views

on crime and criminality, and fostered the beginnings of criminology as a study of crime in society.

Nietzsche noted a link between crime and creativity in The Birth of Tragedy he asserted: "The best

and brightest that man can acquire he must obtain by crime". In the 20th century Michel Foucault in

Discipline and Punish made a study of criminalization as a coercive method of state control.


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Classification and categorization

Categorisation by type

The following classes of offences are used, or have been used, as legal terms of art:

Offence against the person

Violent offence

Sexual offence

Offence against property

Researchers and commentators have classified crimes into the following categories, in addition to

those above:

Forgery, personation and cheating

Firearms and offensive weapons

Offences against the State/Offences against the Crown and Government/Political offences

Harmful or dangerous drugs

Offences against religion and public worship

Offences against public justice/Offences against the administration of public justice[30]

Public order offence

Commerce, financial markets and insolvency

Offences against public morals and public policy

Motor vehicle offences

Conspiracy, incitement and attempt to commit crime

Inchoate offence

Juvenile Delinquency

Categorisation by penalty

One can categorise crimes depending on the related punishment, with sentencing tariffs prescribed

in line with the perceived seriousness of the offence. Thus fines and noncustodial sentences may


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address the crimes seen as least serious, with lengthy imprisonment or (in some jurisdictions) capital

punishment reserved for the most serious.

Common law

Under the common law of England, crimes were classified as either treason, felony ormisdemeanour, with treason sometimes being included with the felonies. This system was based on

the perceived seriousness of the offence. It is still used in the United States but the distinction

between felony and misdemeanour is abolished in England and Wales and Northern Ireland.

Classification by mode of trial

The following classes of offence are based on mode of trial:

Indictable-only offence

Indictable offence

Hybrid offence, aka either-way offence in England and Wales

Summary offence, aka infraction in the US

Classification by origin

In common law countries, crimes may be categorised into common law offences and statutoryoffences. In the US, Australia and Canada (in particular), they are divided into federal crimes and

under state crimes.

For convenience, such lists usually include infractions although, in the U.S., they may come into the

sphere not of the criminal law, but rather of the civil law. Compare tortfeasance.


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Jeffrey DahmerMonster(Killings between 1978 and 1991)

This Milwaukee serial killer murdered boys of Asian and African descent. His murders were

gruesome and involved torture, forced sodomy, dismemberment (removing their limbs),

necrophilia, and cannibalism.

He was arrested first when caught fondling a 13-year-old boy in Milwaukee and was

sentenced to one year in a work release camp. After serving ten months, he was released on

probation for his good behavior. Thats when his killing spree began.

He committed his first murder at the age of 18, shortly after being released, and his first

victim was a 19-year-old hitchhiker.

There was a much-talked about story about a 14-year-old boy who almost escaped Dahmer

in 1991. He wandered into the streets without clothes, with Dahmer in pursuit. Police

believed Dahmers story that the boy was 19 years old and was his partner, and took the boy

to Dahmers house. In spite of noticing a weird smell there, they left without investigating.

Soon after, the boy was killed and Dahmer kept his skull as a souvenir.

Background

Dahmer was the son of an analytical chemist, and as a child he had a fascination with

dissecting dead animals. By the time he was a teenager, he was an alcoholic and a loner. He

dropped out of college and his father forced him to enlist in the Army. After just two years,

he was discharged because of his heavy drinking. Since he did not want to face his father, hemoved in with his grandmother and lived with her for six years. His grandmother asked him

to move out when he was arrested for exposing himself in public.

Killings and Sentence

Dahmer was caught by the police when a would-be victim escaped and alerted them. He was

held responsible for 15 murders, sentenced to 15 life terms. Dahmer then expressed

remorse and wished death upon himself. He was beaten to death by a fellow inmate and

died of severe head trauma.


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Definition of criminology

Criminology (from Latin crmen, "accusation"; and Greek -, -logia) is the scientific

study of the nature, extent, causes, and control of criminal behavior in both the individual and

in society. Criminology is an interdisciplinary field in the behavioral sciences, drawing

especially upon the research of sociologists (particularly in the sociology of deviance),

psychologists and psychiatrists, social anthropologists as well as on writings in law.

Areas of research in criminology include the incidence, forms, causes and consequences of

crime, as well as social and governmental regulations and reaction to crime. For studying the

distribution and causes of crime, criminology mainly relies upon quantitative methods. The

term criminology was coined in 1885 by Italian law professor Raffaele Garofalo as

criminologia. Later, French anthropologist Paul Topinard used the analogous French term

criminology.


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Introduction to Crime Scene Investigation

The purpose of crime scene investigation is to help establish what happened (crime scene

reconstruction) and to identify the responsible person,carefully documenting the conditions at

a crime scene and recognizing all relevant physical evidence.

The ability to recognize and properly collect physical evidence is oftentimes critical to both

solving and prosecuting violent crimes.

It is important to determine the full extent of a crime scene. A crime scene is not merely the

immediate area where a body is located or where an assailant concentrated his activities but

can also encompass a vehicle and access/escape routes.

In the majority of cases, the law enforcement officer who protects and searches a crime scene

plays a critical role in determining whether physical evidence will be used in solving or

prosecuting violent crimes.

Crime Scene Vocabulary

CRIME SCENE: Any physical location in which a crime has occurred or is suspected of

having occurred.

PRIMARY CRIME SCENE: The original location of a crime or accident.

SECONDARY CRIME SCENE: An alternate location where additional evidence may be

found.

SUSPECT: Person thought to be capable of committing a crime.

ACCOMPLICE: Person associated with someone suspected of committing a crime.

ALIBI: Statement of where a suspect was at the time of a crime.


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Crime Scene Team

A group of professionals trained in a variety of special disciplines

Team members

First police officer on the scene

Medics (if necessary)

Investigator(s)

Medical examiner (if necessary)

Photographer and/or field evidence

technician

Lab experts

POLICE OFFICERS are typically the

first to arrive at a crime scene. They are responsible for securing the scene so no evidence is

destroyed and detaining persons of interest in the crime.

The CSI UNIT documents the crime scene in detail and collects any physical evidence.

The DISTRICT ATTORNEY is often present to help determine if any search warrants are

required to proceed and obtains those warrants from a judge.

The MEDICAL EXAMINER (if a homicide) may or may not be present to determine a

preliminary cause of death.

SPECIALISTS (entomologists, forensic scientists, forensic psychologists) may be called in if

the evidence requires expert analysis.

DETECTIVES interview witnesses and consult with the CSI unit. They investigate the crime by

following leads provided by witnesses and physical evidence.


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Crime Scene Investigation

Processing the Crime Scene

There are 7 steps to processing a crime scene

1. Secure and Isolate the Crime Scene2. Record the Scene Photograph, Sketch, Take Notes3. Conduct a Systematic Search For Evidence4. Collect and Package Evidence5.

Maintain Chain of Custody

6. Obtain Controls7. Submit Evidence to the Laboratory


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Evidence Collection

Proper protocols and techniques for collecting evidence are very specific and critical.

Generally, first responders preserve scenes and trained specialist collect and analysis

evidence

Forensic Scienceand Criminalistics

Forensic comes from the Latin word "forensis," meaning "of the forum," where the law courts

of ancient Rome were heldForensic scienceis the application of any type of science,

biological, social, physical or mathematical to legal matters.

Forensic Science is the broader term, meaning the part of the science used to answer a legal

question.

Toxicology, ondontology, accounting, pathology, serology

Criminalistics is a branch ofForensic Sciencedealing with the study of physical evidence

related to a crime.
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Trace Evidence

Hair Fiber Glass Paint Dust Dirt Chemicals Firearms

Fluids Blood Bite Marks Shoe Prints Tool Marks Wounds Documents Fingerprints


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Lifting Prints

PlasticFound in a soft surface like wax, paint or putty.

VisibleContact with a wet fluid like blood.

LatentMeaning Hidden These prints are left by the oils secreted by our hands and are

generally not visible.

Dusting for Prints

Powders have different properties, for instance color. Common colors are black, white, gray,

aluminum, red, and gold. Color is selected to make the best contrast between the print and the

surface. For instance , a white powder might works best on a dark surface.

AFIS

A combination of hardware and software used to scanand classify fingerprints so that they can be stored in a database.

There are several regional, state and local AFIS databases:Western Identification

Network;Arizona DPS;Ontario, CA police Department

Maintains the largest Biometric database in the world, containing the fingerprints and

corresponding criminal history information for more than 47 million subjects.

The fingerprints and corresponding criminal history information are submitted voluntarily by

state, local, and federal law enforcement agencies.


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Biometrics

The science of automatically identifying individuals based on a physiological or

psychological characteristic:Fingerprint;Retinal Scan;Voice Print;Facial Scan;Thermal

Image;Handwriting, gait, and others.

Fingerprint Advances

The recovery of latent (hidden) fingerprints is not longer restricted to powder:Superglue

fuming;Laser applications;Unique powders.

Technology has advanced to the point

wherein some jurisdictions use superglue fuming wands at the crime scene

Fuming

There are several types offuming, the most recent issuper glue fuming. Super glue contains

the chemical Cyanoacrylate.When heated this substance sticks to trace oils, hardens and

when dry it is visible.


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Ballistics

Ballistics is the science of mechanics that deals with the flight, behavior, and

effects of projectiles, especially bullets, gravity bombs, rockets, or the like; the

science or art of designing and accelerating projectiles so as to achieve a desiredperformance.

Forensic ballistics involves analysis of bullets and bullet impacts to determine

information of use to a court or other part of a legal system. Separately from

ballistics information, firearm and tool mark examinations ("ballistic

fingerprinting") involve analysing firearm, ammunition, and tool mark evidence

in order to establish whether a certain firearm or tool was used in the

commission of a crime.

National Integrated Ballistic Identification System

In 1993, prior to NIBINs, the FBI (DRUGFIRE)and ATF (BULLETPROOF/CEASEFIRE)

established separate computerized ballistics imaging systems. NIBIN was established in 1997

to unify these systems. There are currently over 220 crime labs participating.


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DNA, like digital information has beginning codes and ending codestotell us where packets of genetic data or segments begin and end.

With DNA, at the end and beginning of DNA stands are A/T and G/C Most of our DNA is exactly the same, only a small percentage is different

from each other.

The location where specific DNA information is located is called a locus. The information that is different between individuals is called

Polymorphismsthe part examined during forensic DNA analysis.

Like fingerprint information, DNA information is converted to anumerical value for ease of search.

Combined DNA Information System (CODIS) is actually a combinationof databases.

153 Laboratories in 49 states Actually includes three different type of databases

Convicted Sex Offender, other offenders, missing persons


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Definition of crime

Crime is the breaking of rules or laws for which some governing authority (via mechanisms such as

legal systems) can ultimately prescribe a conviction. Crimes may also result in cautions, rehabilitationor be unenforced. Individual human societies may each define crime and crimes differently, in

different localities (state, local, international), at different time stages of the so-called "crime", from

planning, disclosure, supposedly intended, supposedly prepared, incomplete, complete or future

proclaimed after the "crime".[citation needed]

While every crime violates the law, not every violation of the law counts as a crime; for example:

breaches of contract and of other civil law may rank as "offences" or as "infractions". Modern

societies generally regard crimes as offences against the public or the state, as distinguished from

torts (wrongs against private parties that can give rise to a civil cause of action).

Crime in the social and legal framework is the set of facts or assumptions (causes, consequences and

objectives) that are part of a case in which they were committed acts punishable under criminal law,

and the application of which depends on the agent of a sentence or security measure criminal.

Usually includes a felony violation of a criminal rule or act against law, in particular at the expense of

people or moral. A crime may be illegal (as is the cause of evil or injury) or perfectly legal (when the

act done is not a necessary consequence of the conduct of the agent but determined by others).

Illegal and punishable crime is the violation of any rule of administrative, fiscal or criminal liability on

the part of agents of the state or practice of any wrongdoing and notoriously harmful to self or

against third parties, provided for in criminal law, since they practiced with guilt (the first act that

causes injury criminal actions or omissions to produce adequate evidence also illegal). Legal and not

punishable crime are all acts in self-defense or otherwise determined by the illegal or criminal

conduct of others that happened in the first place (or omission adequate to protect the staff member

who is a victim of illegal crime)

England and Wales

Whether a given act or omission constitutes a crime does not depend on the nature of that act or

omission. It depends on the nature of the legal consequences that may follow it.[7] An act or

omission is a crime if it is capable of being followed by what are called criminal proceedings.[8][9]

The following definition of "crime" was provided by the Prevention of Crimes Act 1871, and applied

for the purposes of section 10 of the Prevention of Crime Act 1908:

The expression "crime" means, in England and Ireland, any felony or the offence of uttering false or

counterfeit coin, or of possessing counterfeit gold or silver coin, or the offence of obtaining goods or

money by false pretences, or the offence of conspiracy to defraud, or any misdemeanour under the

fifty-eighth section of the Larceny Act, 1861.


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Scotland

For the purpose of section 243 of the Trade Union and Labour Relations (Consolidation) Act 1992, a

crime means an offence punishable on indictment, or an offence punishable on summary conviction,

and for the commission of which the offender is liable under the statute making the offence

punishable to be imprisoned either absolutely or at the discretion of the court as an alternative for

some other punishment.

Sociology

A normative definition views crime as deviant behavior that violates prevailing norms cultural

standards prescribing how humans ought to behave normally. This approach considers the complex

realities surrounding the concept of crime and seeks to understand how changing social, political,psychological, and economic conditions may affect changing definitions of crime and the form of the

legal, law-enforcement, and penal responses made by society.

These structural realities remain fluid and often contentious. For example: as cultures change and

the political environment shifts, societies may criminalise or decriminalise certain behaviours, which

directly affects the statistical crime rates, influence the allocation of resources for the enforcement

of laws, and (re-)influence the general public opinion.

Similarly, changes in the collection and/or calculation of data on crime may affect the public

perceptions of the extent of any given "crime problem". All such adjustments to crime statistics,allied with the experience of people in their everyday lives, shape attitudes on the extent to which

the State should use law or social engineering to enforce or encourage any particular social norm.

Behaviour can be controlled and influenced[by whom?] in many ways without having to resort to the

criminal justice system.

Indeed, in those cases where no clear consensus exists on a given norm, the drafting of criminal law

by the group in power to prohibit the behaviour of another group may seem to some observers an

improper limitation of the second group's freedom, and the ordinary members of society have less

respect for the law or laws in general whether the authorities actually enforce the disputed law or

not.

Other definitions

Legislatures can pass laws (called mala prohibita) that define crimes against social norms. These laws

vary from time to time and from place to place: note variations in gambling laws, for example, and

the prohibition or encouragement of duelling in history. Other crimes, called mala in se, count as

outlawed in almost all societies, (murder, theft and rape, for example).

English criminal law and the related criminal law of Commonwealth countries can define offences

that the courts alone have developed over the years, without any actual legislation: common law

offences. The courts used the concept of malum in se to develop various common law offences.


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