WHAT IS THE PERCEIVED SERIOUSNESS OF CRIMES?

Although criminologists have measured the perceived seriousness of offenses for decades, there is no consensus on the meaning of seriousness, nor is there clear evidence as to what individuals have in mind when they rate the seriousness of crimes. Seriousness judgments could reflect normative evaluations of offenses (i.e., their wrongfulness) or factual judgments about their harmfulness to victims. Survey data from Dallas residents show that the two dimensions are distinct and that conventional classes of crime (personal, property, public order) systematically differ on the two dimensions. Where crimes are perceived to be more wrong than harmful, seriousness mirrors wrongfulness. Where crimes are perceived to be more harmful than wrong, harmfulness predominates. A substantial minority of respondents, however, did not perceive differences in the moral gravity of crimes, judging the seriousness of crimes solely on the basis of harmfulness. These and other findings indicate that seriousness judgments are more structured and complex than commonly supposed and that conventional measures of seriousness, when applied to substantive problems, may mask or obscure distinct mechanisms of evaluation.     

Criminalization,Legitimacy, and Welfare

A standard view about criminal law distinguishes between two kinds of offenses, “mala in se” and “mala prohibita.” This view also corresponds to a distinction between two bases for criminalization: certain acts should be criminalized because they are moral wrongs; other acts may be criminalized for the sake of promoting overall welfare. This paper aims to show two things: first, that allowing for criminalization for the sake of promoting welfare renders the category of wrongfulness crimes largely redundant. Second, and more importantly, accepting welfare as a legitimate ground for criminalization implies a certain view about legitimate state action, which makes criminalization for wrongfulness more difficult to justify. If I am right, the view that keeps the two categories of criminalization as largely separate is untenable. I conclude with some remarks about the advantages of welfare (and not wrongfulness) as the basis for criminalization.     

Multiple Wrongdoing and Offence Structure: A Plea for Consistency and Fair Labelling

Crimes come in all shapes and sizes, but relatively little work has been done on offence structure – Robinson's recent functional analysis is perhaps the one obvious exception. This article concentrates on incidents of multiple wrongdoing and suggests that the current substantive law is both inconsistent and confusing. Burglary, for example, is unnecessarily narrowly defined and should be expanded to include broadly similar scenarios. The law is confusing because it conflates qualitatively very different incidents under the same umbrella – serial killers, for example, commit the same crimes as those who kill multiple victims by one act. Not only does the law fly in the face of common sense but it conflicts with the principle of fair labelling – that crimes be defined to reflect their wrongfulness and severity – which seeks to fulfil some important functions in the criminal justice system.     

Islam, modernization and crime: A test of the religious ecology thesis

Using a United Nations (United Nations, 1977) cross-national data set on offender and offense rates for a variety of crimes, this article qualifies recent research into religiosity by investigating the relationship between Islamic religion, economic development, and crime rates. Considerable research has demonstrated a positive correlation between economic development (often defined as modernization) and crime. Other research has suggested that religion is an impedence to crime, although the results are a little less clear. No previous studies have examined the relationship between the Islamic religion and crime. Results suggest that, when level of economic development is held constant, Islamic countries do not differ significantly in crime rates compared to nonIslamic countries.     

Transgression Wrongfulness Outweighs its Harmfulness as a Determinant of Sentence Severity

When students suggest sentences for criminal offenders, do they rely more heavily on the harmfulness or on the wrongfulness of the offender's conduct? In Study 1, 116 Princeton University undergraduates rated the harmfulness and wrongfulness of, and suggested appropriate sentences for, a series of crimes. As expected, participants emphasized wrongfulness when choosing an appropriate criminal punishment. In Study 2, 33 Princeton undergraduates made similar ratings for violations of the University Honor Code, and rated their contempt for fabricated amendments to the Code that required sentencers to focus either only on harmfulness or only on wrongfulness. Again, sentences more closely reflected wrongfulness ratings, and participants were more contemptuous of the harmfulness-based proposal. We also consider the theoretical and practical implications of these findings for sentencing laws and policy.     

IS BEING “SPIRITUAL” ENOUGH WITHOUT BEING RELIGIOUS? A STUDY OF VIOLENT AND PROPERTY CRIMES AMONG EMERGING ADULTS

Although prior research has had a tendency to confirm a negative association between religiousness and crime, criminologists have been slow to incorporate new concepts and emergent issues from the scientific study of religion into their own research. The self‐identity phrase “spiritual but not religious” is one of them, which has been increasingly used by individuals who claim to be “spiritual” but disassociate themselves from organized religion. This study first examines differences in crime between “spiritual‐but‐not‐religious” individuals and their “religious‐and‐spiritual,” “religious‐but‐not‐spiritual,” and “neither‐religious‐nor‐spiritual” peers in emerging adulthood. Specifically, we hypothesize that the spiritual‐but‐not‐religious young adults are more prone to crime than their “religious” counterparts, while expecting them to be different from the “neither” group without specifying whether they are more or less crime prone. Second, the expected group differences in crime are hypothesized to be explained by the microcriminological theories of self‐control, social bonding, and general strain. Latent‐variable structural equation models were estimated separately for violent and property crimes using the third wave of the National Longitudinal Study of Adolescent Health. The overall results tend to provide a partial support for the hypotheses. Implications for criminology and future research are discussed.     

The Perceived Seriousness of Crime in the Middle East

This paper builds on previous work in examining the seriousness of criminal acts. The research was conducted to determine the seriousness of several criminal acts in the Middle East with the goal to determine whether certain characteristics of the respondents would be associated with different perceptions as to the seriousness of different types of crimes. The findings of this study differ significantly from previous research in finding Moral Crimes to be perceived as extremely serious, in fact, about as serious as violent acts. However, the rank order of violent, property and white collar crimes, when the moral crimes are eliminated, are consistently with previous research. Similar to previous research, no difference was found in the overall ranking of crimes by any of the subgroups analyzed. It was found that religiosity (Islamic Fundamentalism) was the best predictor of a respondent's overall perception as to the seriousness of crime.     

TIME AGGREGATION AND TIME LAG IN MACRO-LEVEL DETERRENCE RESEARCH*

Recent arguments in research on individual-level deterrence suggest that the effect of perceived sanction risk on illegal behavior might occur over a shorter time period than the yearly lags typically incorporated in panel studies. This study raises the same issue for macro-level deterrence research by suggesting that panel studies using yearly data might have failed to capture the deterrent effect. The analysis uses ARIMA models with data aggregated monthly, quarterly, and semiannually to estimate the reciprocal effects between arrests and crimes for robbery, burglary, larceny, and auto theft in Oklahoma City from 1967 through 1989. No effect of crimes on arrests is found, but significant effects of arrests on crimes appear for three of the four offenses in the shorter temporal aggregations. The results suggest a need to reconsider conclusions based on panel studies that have used time aggregations and time lags that might be too long to uncover deterrent effects.     

The Wrongfulness Constraint in Criminalisation

If conduct must be wrongful in order to be justifiably criminalised, how should its wrongfulness be established? I examine a conception of wrongfulness put forward by A. P. Simester, which makes wrongfulness turn on whether the reasons favouring the performance of an action are, all things considered, defeated by the reasons against its performance. I argue that such a view can only generate appropriate substantive constraints in the context of criminalisation if it can distinguish between the sorts of reasons that a verdict of wrongfulness, as a concept distinct from stupidity or selfishness, should attend to, and the sorts of reasons it should leave out. Assuming that this conception of wrongfulness should operate as a constraint on criminalisation in a liberal-democratic state, the only reasons it should include are other-regarding reasons. What matters is whether the agent commits an other-regarding wrong. This conception of wrongfulness helps us further to resolve fundamental questions concerning mala prohibita and the legitimate reach of any duty to obey the law.     

“No Remorse,No Repent”: Linking Lack of Remorse to Criminal Offending in a Sample of Serious Adolescent Offenders

Linking emotions to offender decision-making has only recently become of theoretical interest to criminologists, but empirical work in this area has not kept pace nor has such research examined the role of emotions to offending in offender-based samples. Recently, Warr outlined regret as one such emotion that may be useful in thinking about offending. Specifically, he argued that regret may be related to discontinuity in offending, or conversely that a lack of remorse may be related to continuity in offending. This paper uses data from a sample of serious adolescent offenders followed for seven years to investigate this hypothesis. Results provide support for Warr’s hypothesis that remorse-resistant adolescents incur a higher number of re-arrests, while remorse-prone adolescents incur fewer re-arrests, even after controlling for other relevant risk factors.     

Is the Public Willing to Help the Nigerian Police During the Boko Haram Crisis? A Look at Moderating Factors

This paper sought the opinion of 200 Nigerians on their willingness to cooperate with the police during the Boko Haram crisis. Public perceptions of police effectiveness during the crisis, residence location, gender and religious affiliation were used as moderators. Data was analysed using an explanatory factor analysis and structural equation modelling. Results indicated a strong association between perceived effectiveness and willingness to report to the police with respondents who question the effectiveness of the police being less likely to be willing to report criminal activity about Boko Haram. Further to this, the impact of religion on willingness to report was at least partially mediated by perceived effectiveness of the police with the results showing that Christian respondents perceived the police as less effective. Females and those living in the north were significantly less willing to report criminal activity to the police. The findings are discussed in relation to the BH crises and directions for future research are given.     

The psychiatrist's guide to right and wrong: judicial standards of wrongfulness since M'Naghten

In insanity defense litigation, the precise legal definition of wrongfulness is often critically important. References in the M'Naghten Rules to the appropriate standard of wrongfulness were ambiguous, resulting in a divergence of judicial opinion as to whether wrongfulness means legal wrong, subjective moral wrong, or objective moral wrong. This article reviews and analyzes these three judicial standards of wrongfulness in the context of case law from jurisdictions that follow each of the respective standards. The evolution of knowledge of right and wrong tests of criminal responsibility is traced back to its philosophical roots. Most psychiatrists claim no expertise in matters of morality or law. The American Psychiatric Association would bar psychiatric expert testimony on the ultimate issue of insanity, on the grounds that there are "impermissible leaps in logic" when psychiatrists opine on the probable relationship between medical concepts and moral-legal constructs. Whether or not they testify on the ultimate issue, psychiatrists should ascertain the applicable standard of wrongfulness in order to properly relate their findings to the relevant legal criteria for insanity and thereby enhance the probative value of their testimony.     

University students’ support to penalty enhancement for hate crime

Laws enabling penalty enhancement for crimes motivated by hostility or prejudice, i.e. hate crimes, have become common in many countries. However, laws as a measure against hate crimes have been contested, because their deterrent effect has gained none or little support in the (limited) literature, and they may be considered symbolic rather than deterrent. This study investigates attitudes towards penalty enhancement for hate crimes. Previous empirical investigations of this question are scarce. The material consists of a survey targeting nearly 3000 Swedish university students. Support for penalty enhancement for hate crime was moderate, shown by one third of the total sample. Results supported the premise that students belonging to a minority group, assumed to be at risk of hate crime victimization, agree to a higher extent of penalty enhancement than students belonging to the majority. Previous victimization experiences and worrying about being victimized were not significantly related to punitive attitudes. However, respondents who perceived the risk of victimization to be increased for minority groups in general were more likely to support penalty enhancement for hate crime. Findings should be confirmed in a nationally representative sample since the public’s perspective on the criminal justice system is important for understanding and dealing with the social problem of hate crime.     

The impact of racial slurs and racism on the perceptions and punishment of violent crime

When a crime is committed by an individual of one race against an individual of another race, there is the possibility that the crime is a hate crime. Legislation often mandates harsher penalties for perpetrators convicted of crimes determined to be hate crimes, yet this determination is difficult to make. This study used vignettes of violent crimes to examine how the races of the perpetrators and victims, the severity of the assault, and the use of racial slurs by the perpetrators would affect perceptions of the crimes as "hate crimes," victim blaming, and sentencing recommendations. Results showed that each of these factors affected participants' perceptions and punishments of violent crime. Participants' levels of racism were an additional factor. These results contribute to the understanding of how crimes in which the perpetrator's and victim's races differ are perceived.     

Vicarious Annihilation: The Effect of Mortality Salience on Perceptions of Hate Crimes

Previous research has found that reminding participants of their mortality creates a need for individuals to maintain and defend subjective cultural worldviews. As a result, mortality salient participants typically strive to uphold legal sanctions and also react negatively to individuals who espouse alternative worldview beliefs, exhibiting behaviors toward those targets ranging from verbal derogation to physical aggression. This paper extends this line of research by examining perceptions of hate crimes. Hate crimes represent a unique class of crime where both the perpetrator and victim may be viewed as worldview violators. Study 1 revealed that mortality salient participants were more supportive of hate crime legislation than were control participants when hate crimes were described in abstract terms and no specific victim was mentioned. In Study 2, a specific victim who posed a potential worldview threat was identified. In this case, mortality salient participants were less punitive toward offenders who attacked these specific worldview-threatening victims.     

CRIME AS HAZARD: PERCEPTIONS OF RISK AND SERIOUSNESS*

The study of crime suffers from an inattention to the social consequences of criminal acts. Conceiving crimes within the larger context of “hazard,” data are reported on the relative seriousness of conventional and white-collar crimes, as well as other hazards, using a sample of Washington state respondents. The results indicate that there is an inverse relationship between the perceived likelihood of a hazard and its seriousness. Generally, the more immediate the threat of a hazard, such as white-collar crimes, the more serious it is perceived to be. There are also implications from these consequences for perceptions of institutional effectiveness and interpersonal relationships. This suggests that future studies of the consequences of criminality, especially white-collar and corporate violations, might be directed toward the notions of risk and, eventually, social trust.     

Perceived crime seriousness: Consensus and disparity

In this article, the statistical technique for setting up the consensus of perceived crime seriousness in previous studies is critically reviewed. The conventional method, when applied to a data set of crime seriousness, is found to have exaggerated the consensus because, by using a more appropriate model, which assumes perfect agreement in crime severity between subgroups, the consensus is reduced unanimously. By breaking down the population by gender, age, and educational level, sociodemographic differentials in crime seriousness are set up. The disparity is then further examined in details by paired comparisons between a target crime with fourteen other crimes. The three factors are all found to be important in affecting perceived crime seriousness. This conclusion is different from that of previous studies. The scaling method is found to be responsible for the difference. As the Thurstone method used in this study is more responsive and can produce more discriminating results, it is recommended for future research in crime severity. Finally, the implications of the findings on some important issues, like the appropriateness of legal penalty and the construction of a crime index, are discussed.     

TRENDS IN VIOLENT CRIME AMONG EX-MENTAL PATIENTS

A central component of the public's conception of the mentally ill is that they are dangerous. This belief receives support from recent studies of the arrest rates of ex-mental patients which suggest that arrests for violent crimes have increased. In order to investigate this issue, samples were taken at two points in time. Analysis of arrest rates revealed that very few ex-mental patients were subsequently arrested for violent crimes, although these rates were higher and increasing faster than these of the general population. Mast significant were the findings that subsequent arrests were best explained by the number of prior arrests and that the percentage of patients with a history of criminal behavior has increased dramatically over time. The implications of these trends in violent crime among ex-mental patients for the perceived link between mental illness and violence and for the social control functions of society are discussed.     

To protect and collect: a nationwide study of profit-motivated police crime

This study is part of a larger research project on police crime in the United States. Police crimes are those criminal offenses committed by sworn law enforcement officers who have the general powers of arrest. Profit-motivated police crime involves officers who use their authority of position to engage in crime for personal gain. This study reports the findings on 1,591 cases where a law enforcement officer was arrested for one or more profit-motivated crimes during the seven-year period 2005–2011. The profit-motivated arrest cases involved 1,396 individual officers employed by 782 state, local, special, constable, and tribal law enforcement agencies located in 531 counties and independent cities in 47 states and the District of Columbia. Our data is the first systematic study of profit-motivated police crime. The study describes the nature of this form of police misconduct in terms of several dimensions, including the characteristics of police who perpetrate these crimes, where it occurs, the specific criminal charges, and the contexts within which profit-motivated police crime is punished through police agencies and the criminal courts.