Chapter 7: Theories of Crime Perpetration and the U.S. Response to Crime

INTRODUCTION

Most nurses rarely think about caring for patients involved in the criminal justice system. In our minds, experience in this area is limited to the occasional patient who presents to the acute care setting in the traditional orange jumpsuit, shackled and accompanied by an armed officer. The reality is that all nurses interact with people who are involved with the criminal justice system, though they might not be aware of it. Not acknowledging the broad reach of the criminal justice system or the unique needs of affected populations contributes to missed opportunities, incomplete care, and poorer health outcomes. Although it may not immediately appear relevant, a basic understanding of the criminal justice system—why patients might come into contact with that system, and the potential consequences of that contact for individuals, families, and communities—is critical to providing good nursing care. This is especially true for forensic nurses. According to Forensic Nursing: Scope and Standards of Practice (American Nurses Association [ANA], 2009), forensic nurses are charged with using the nursing process to diagnose and treat both victims and perpetrators. Forensic nurses are also expected to understand how the legal and healthcare systems intersect. This includes a comprehensive understanding of both the criminal justice and correctional systems.

This chapter begins by introducing some key concepts related to criminology and describes five of the prevailing theories to explain why people commit crimes in an effort to help all nurses understand more about the distinctive needs of this population. The chapter then provides a broad overview of the main parts of the U.S. criminal justice system, including important descriptive information regarding who is involved with the criminal justice system. The chapter concludes with a description of the current U.S. system of mass incarceration and the effect this has on public health, followed by a case study and questions to stimulate reflective practice. Chapter 15 goes into greater detail about the role of correctional nursing and healthcare, specific to the delivery of direct care to people involved in the criminal justice system.

THEORIES EXPLAINING PERPETRATION OF CRIME

Truly understanding the roots of how people come into contact with the criminal justice system is incredibly complex and requires an in-depth understanding of the myriad social, physiological, and behavioral factors related to crime and violence. Complicating things further is the reality that different cultures and societies define “crime” and “criminal” differently, thereby making ...