The Other Side of Criminology: An Inversion of the Concept of Crime

180 Pages·1973·7.734 MB·English

by  G. Peter Hoefnagels (auth.)

The Other Side of Criminology
The Other Side
of Criminology
An Inversion of the Concept of Crime
by G. Peter Hoefnagels
Professor of Criminology
Rotterdam University
Springer Science+Business Media, LLC
Revised edition of
Beginselen van Criminologie
© 1969 Kluwer - Deventer, Holland
Eng1ish translation by Jan G. M. Hulsman
Cover design: Visual Centre, Chris Hein I Roelof Koebrugge
ISBN 978-90-268-0669-8 ISBN 978-94-017-4495-9 (eBook)
DOI 10.1007/978-94-017-4495-9
© 1973 Springer Science+Business Media New York 1973
Originally published by Kluwer B.V., Deventer in 1973
No part of this book may be reproduced in any form, by print, photoprint, microfilm or any
other means without written permission from the pubIishers.
To the late Willem P. J. Pompe
professor at Utrecht State University
and founder of the University's Institute of Criminology
'Measure, by all means measure, and count, by all means count.
But let us count and measure the things that count.'
Harry Alpert
'Apres nous lejuge.'
H. Van der Hoeven
Contents
Introduction 11
I. REACTIONS OF SOCIETY TO CRIME 15
A. A qualitative approach to content and background of these reactions 16
Dichotomy of distance and closeness 16 - Penal theories 17 - the theory of
deterrence 17 - the theory of retribution 17 - getting even or making up 18 -
the theory of general prevention 19 - the theory of special prevention 19 - the
helper discredited 20 - Emotions: an underdeveloped region 21-Indignation
21 - Liability to crime 23 - The theory of psychoanalysis 24 - Defense
mechanisms 25 - Defense mechanisms in society 28 - Spider effect 29 -
Defense mechanisms in the criminal trial29-Bogyman concept 31-Defense
mechanisms in correctional treatment 32 - Crime as sensation 33 -Identifica
tion with the victim 34 - Reactions of closeness 34 - conclusions from Case K.
35 - From distance to closeness 36 - The reaction of distance in the offender
himself 37
B. Quantitative approaches to the reactions of society to crime and punish
ment 37
Research in The Netherlands 38 - Some research outside Holland 39 - suppo
sitions about one's neighbor 40 - Bowling game with the press 41 - Distorted
and true crime picture 42
II. CRIMINOLOGY; ITS DEFINITION, NATURE AND SUBFIELDS 43
A. Definition 44
Others than offenders 45
B. Nature 47
The big problems of crime and punishment 47 - Structural causes of traffic
criminality 48 - The law helps to determine the nature of criminology 49 - An
extended definition 51 -Position of general criminology 51 -Thinking in terms
of indicators and in terms of distress 53 - Toward integration? 54 - False
contradictions between individual and society 55
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C. Subfields 51
General criminology 57 - etiology 57 - criminal policy 57 - social policy 57 -
Disciplines 57 - criminal jurism 58 - criminal statistics 59 - criminal anthro
pology 59 -criminal psychology 60-social psychology 60-criminal psychiatry
60 - normal and abnormal 61 - application of criminal psychiatry: forensic
psychiatry 61 -social work 62-forensic social work 62-criminal sociology 63
- Allied sciences 63 - victimology 64 - penology 64 - sentencing 64 - theory of
criminal process 65 -juridical approach Oaw of criminal procedure) 65 -
physical scientific approach (criminalistics) 65-social scientific approach 65-
journalism relating to crime and punishment 66-criminalistics 66-Application
and training 66 - Fields of application 67 - application of criminal law 67 - the
mass media 67 - fields of prevention without criminal law application 67 - In
quest of the identity of criminology 68
III. WHAT IS A CRIME? RELATIVITY OF THB CONCEPT 71
A. Seriousness and severity 72
Common parlance 72-Relativity 74-Relativity in time and place 74-Serious
because exceptional 75 -Severity scale 76-Views of seriousness besides norms
and values 77
B. Law, norm, value 78
Norms and laws 78 - Laws, norms and opportunity structures 79 - Norm
variation despite supposed general applicability of a norm 80 - Shift in norms
and anti-norms 80 - Distinction between morality and punishability 81 -The
law as a source of anti-organization 82-Norm-affirming and norm-progressing
legislation 83 - Multivalence 83 - The implicit character of culturally ac
claimed ends 84 - Large discrepancies between laws on the one hand and
norms and values on the other do not only result in criminality, but render
society unlivable 85 - Criminal law as an ethical minimum is already a falsified
hypothesis 85-Criminal law and morality: a multiform, irregular relation
ship 86 - Amoralization 88
C. Definition 89
Crime is behavior designated as a punishable act 90 - Crime is designated
behavior 92 - A criminal is someone who commits an act designated as
punishable 93 - Stigma 93 - Particularisation and signal 98 - Criminal
policy 99-From metaphysical to legal and sociological concepts 101-Two
concepts of criminal policy 102 - Criminal policy as regards symptoms and
causes 104 - Further definition of our concept of crime 106 - This 'legal'
definition of crime is a social science definition 107
IV. MULTIFORMITY AND CLASSIFICATIONS 109
Classification criteria 110
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A. Presumed motive 110
1. Crimes of violence 110-2. Sexual crimes 111 - 3. Property crimes 111 -
4. Political crimes 111 -This classification is inadequate 113 - Reasons and
motive 113-The double meaning of a motive 114
B. Protected interest 114
C. Conditions 115
1. Distress criminality 115-criminality resulting from psychical distress 115-
criminality resulting from material distress 115 - 2. Structural criminality
116 - Traffic as a structural problem 117
D. Incidence 118
1. Multiple criminality 118 - traffic as a partial problem of welfare policy.
The nonvalue-free choice of objectives 119-2. Incidental criminality 119 -
Incident, mass media, alarm 122-Analysis of assumptions: from assumption
to hypothesis 123 - legal and public concept of murder 124 - Statistical in
crease and growing alarm 125-Hypotheses for significant increase 126-Some
times there are structural factors underlying incidental criminality 126 - Inci
dent as signal for shift of norm 127
E. Classification outline 127
The function of this classification 128
V. PUNISHMENT 131
A. Introduction 132
Some Dutch figures 132-Responses to crime 133-Power 134-The absolute
authority 134-The mixed-type authority 135-The 'functional' authority 136-
Effectiveness 136
B. Sanctions 137
Concepts and definitions 137 -Definition of punishment in criminal law 138 -
Punishment as conflict 142
C. The penalty as process 143
The father-to-son school 143 - The concept of process 144- A horizontal
model145-A vertical model: the ladder of sanctions 148-Alienation 149-
Accepted views of punishment in education 151-A few results of studies on
punishment in the psychology of learning 151
D. The total institution 152
The side-effects of imprisonment 153 - Visits to institutions 154 -Institutional
treatment as choice 155-Surface treatment 155 -Policy of change 156
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E. Alternatives 158
Toward a methodology of criminal trial conduct. Referral158 -The interview
as a method of punishment 159 -Architecture as a method 161 -Ways of pre
siding at the tria1162-The ritual163-Conclusion 165
Glossary 167
Subject index 173
Index of authors 179
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