Defining Crime A Critique of the Concept and Its Implication
Defining Crime explores the limitations of the legal definition of crime, how that politically based definition has shaped criminological research, and why criminologists must redefine crime to include scientific objectivity.
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Defining Crime A Critique of the Concept and Its Implication Michael J. Lynch, Paul B. Stretesky, and Michael A. Long
defining crime Copyright © Michael J. Lynch, Paul B. Stretesky, and Michael A. Long, 2015. Softcover reprint of the hardcover 1st edition 2015 978-1-137-47934-1 All rights reserved. First published in 2015 by PALGRAVE MACMILLAN® in the United States—a division of St. Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Where this book is distributed in the UK, Europe and the rest of the world, this is by Palgrave Macmillan, a division of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN 978-1-349-69368-9 ISBN 978-1-137-47935-8 (eBook) DOI 10.1057/9781137479358 Library of Congress Cataloging-in-Publication Data Lynch, Michael J. Defining crime : a critique of the concept and its implication / by Michael J. Lynch, Paul B. Stretesky, and Michael A. Long. pages cm Includes bibliographical references and index. 1. Criminology. 2. Crime. I. Stretesky, Paul. II. Long, Michael A. III. Title. HV6025.L878 2015 364—dc23
2015004017
A catalogue record of the book is available from the British Library. Design by Scribe Inc. First edition: July 2015 10 9 8 7 6 5 4 3 2 1
To two fathers, never forgotten: Vincent DePaul Lynch, PhD (1927–1984), and L. Aldrich Cass IV, PhD (1933–2008), who shared their lives and their love of science with me —Michael J. Lynch To my parents, who taught me to ask too many questions —Paul B. Stretesky To my grandfather Freas W. Ertwine (1923–1996), a man of science, who inspired me to follow in his footsteps —Michael A. Long
Contents
1
Concerning the Definition of Crime
2
Let’s Think about Crime
11
3
What Is Crime?
27
4
Crime and Science
57
5
Crime and the Individual
71
6
Crime, the Concept versus Its Measurement as a Violation of the Criminal Law
91
7
1
Framing a Definition of Crime: Toward Crime Definition 1.0
117
8
Concerns with the Explanation of Crime
155
9
Conclusion
167
References
173
Notes
187
Index
189
1
Concerning the Definition of Crime
C
rime is a key concept within the discipline of criminology. Periodically, criminologists examine the definition of crime, and recent studies have examined variations in crime due to the use of different data sources (Mosher, Miethe, and Hart 2011). Those inspections are scattered throughout the criminological literature and can be traced back in time to the early beginnings of modern criminological thought. In 1847, for example, John Robertson suggested that scholars interested in the scientific study of crime must answer the question “What is crime?” before criminology can develop as a science (p. 9). Yet, surprisingly, more than 160 years later, most criminologist
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