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Crime
Any act that breaks the laws of society.
Deviance
Behaviour that differs from the norms of a particular group or society.
How is crime relative/a social construction
changes depending on place, time, gender etc
For example, the death penalty is illegal in UK but legal in USA, homosexuality used to be illegal.
Criminal justice system - courts
weigh up the evidence to decide if someone is guilty or not
Police and crown prosecution service - Get the evidence to give to the correct people and enforce the law (build the cases)
Criminal justice system - Rehabilitation Schemes
rehabilitate criminals to avoid recommitting
Criminal justice system - Prison and probation service
carry out the punishments and reintegration into society
Criminal justice system - magistrates
deal with 97% of criminal cases, no jury, unpaid volunteers with no formal training
AO3 of criminal justice system juries
people who have more time e.g. older people, retired, middle class are likely to volunteer
Functions of punishment - deterrence
Deter people from committing the crime or recommitting
Functions of punishment -Incapacitation
- Taking away criminals freedom
Functions of punishment - retribution
justice for the victims
Functions of punishment - protection
Protect society from criminals
Functions of punishment - rehabilitation
Reform criminals to prevent rehabilitation
Durkheim view on punishment
reinforce boundaries of acceptable behaviour and maintain social order.
Functionalist view on punishment
Old view: retributive justice - desire for revenge against the wrongdoers
New view: restitutive justice - form of compensation for the damage caused
Marxist view on punishment
Laws are created and enforced in ways to benefit the ruling class. For example, it is more of an offence to drive without insurance than to drink drive.
Other laws criminalise working class behaviour which makes it easier for ruling class to control them.
Laws created based on capitalist principles. For example, imprisonment creates a financial punishment as you can no longer earn money, leading to lose of house, job etc.
New right view on punishment
all crime is a rational choice. If the punishment outweighs the benefits, the crime won't take place.
All punishments for crime should be harsh.
AO3 of rational choice theory/new right view on punishment
What if people don't think rationally? Drunk, mental health.
Post modern view on punishment
Foucault - theorised perfect prison where prisoners are all watched by one guard but they have no idea when they're being watched
In the 20th century, there is control over all aspects of society and all people through surveillance (disciplinary power).
Control takes place in non-criminal areas all the time.
Panoptican
prison where prisoners are all watched by one guard but they have no idea when they're being watched
post modern view on punishment similar to CCTV
This is similar to CCTV, if people believe they're always being watched they will behave well. This is 'reform' however they haven't changed their norms and values.
How prisons have changed
Previously, it was a holding place before the punishment whereas now prison has become the punishment.
Role of the prison is to act as the punishment in today's society
David Garland: serves an ideological function to decrease unemployment in society
30%-40% are unemployed in jail
Transcarceration: a cycle of agencies e.g. care ➞ juvenile ➞ prison
Alternatives to prison: welfare, treatment, non-custodial sentencing, electronic tagging
King's cross example': situational crime prevention
- Kings Cross: security cameras ↑ near King's Cross as the eurotunnel now came into King's cross = ↑ tourism. People were less likely to commit crime in these areas however, displacement of crime occurred to places such as Camden
Conflict style policing
Imposing M/C values on W/C and ethnic minorities
Higher levels of patrol rates
Imposes laws which reflect ruling class interests
Link to Chambliss - The RDU
Crime is prevented by coercion rather than working as a community
Them vs Us
Consensus style policing
close relationship between the area and the police
Represents the interests of majority
Police come from the community
individuals are caught as a result of complaints from the community
Positivist victimology
Aims to identify the patterns of victimisation
Aims to identify victims that have contributed to their own victimisation
Attempts to identify victim proneness: potential victims are different to non-victims making crime more likely against them
AO3 of positivist victimology
Ignores the structural causes that may contribute to crime e.g. poverty
Can tip into victim blaming
Can't account for victimless crimes e.g. vandalism
Critical criminology
Structural factors that place poor or powerless people at the bottom of society means they are at greater risk of being victims
The state has the power to apply/deny the label of victims
For example, teenage girls joining ISIS
Criminal label: they decided to join ISIS
Victim Label: victims of grooming
Judge Dewar
Rape victims are blamed for the attack: Judge Dewar
Had to resign after he let a rapist go free because 'sex was in the air'
Patterns of victimisation
The average chance of someone being a victim is 1:4 but the risk isn't evenly spread
Indirect victims - Pynoos
Friends, relatives and witnesses to crimes taking place e.g. stress
Secondary victimisation
as well as a victim of crime, they can also be a victim of injustice in CJS
Fear of victimisation
Surveys show this can be irrational e.g. women are more likely to be scared of being attacked but men are more likely statistically
Durkheim view on crime and punishment (functionalist)
Argued norms, custom and laws define acceptable behaviour and have coercive power over people.
The rules for conformist behaviour are passed on from one generation by socialisation e.g. media, family, education.
Values become internalised into everyone's mind as collective conscious (collective idea of what is wrong/right)
When we deviate/commit crime, our behaviour will attract a range of negative sanctions from agents of socialisation (social control).
Society of saints (functionalist)
if everyone is expected to behave perfectly, any sign of behaviour that is seen as 'different' or 'not normal' would be classed as deviant.
Crime is inevitable (functionalist)
'society of saints' - if everyone is expected to behave perfectly, any sign of behaviour that is seen as 'different' or 'not normal' would be classed as deviant.
Unsuccessful socialisation - not socialised into the same norms/values as as everyone else has, may not fit in the social cohesion and may commit crime due to different values
Crime as a result of social change (functionalist)
Can perform a positive function to allow society to recognise that it's 'unwell' and can adjust/change in order to maintain an equilibrium.
Social change means individuals may become unsure of the norms and values of society
Therefore, they are consequently breaking them creating a weaker collective conscious.
Durkheim saw anomie expressed through crime and suicide, marital breakdown etc.
AO3 of society with no crime
Society with no crime = no social change e.g. North Korea - people are too scared to commit crime due to social control and dictatorship.
Anomie
When there has been a collapse of the collective conscious so people begin to act in their own self interest because they aren't sure/can't relate to the shared norms and values
Crime is beneficial and functional (Functionalist)
If crime occurs, it can alert social problems that can then be fixed
AO3 of crime being functional and beneficial
- Ignores white collar crime (financial crime)
Some groups see prison as a status symbol, not a punishment
Ignores the social structure in creating crime e.g. poverty
Ignores the victim saying that crime is beneficial
Modern functionalist view on crime - Ned Polsky
Pornography is good for the family, prevents sexual violence and adultery as males are less likely to carry it out.
AO3 of Ned Polsky
watching sexual violence in porn can normalise it.
Modern functionalist view on crime - Kingsley Davies
Prostitution is good for nuclear families as it prevents divorce and family break. It allows the man to release sexual frustration
AO3 of Kingsley Davies
ignores the wife and prostitute
Robert Merton - Strain theories
In a capitalist society, the dominant goal that most people aim for is monetary success, material goods etc.
Most people become so concerned with this goal, the means of attaining the goal becomes irrelevant.
Not all social groups have the same change of achieving the goals set by society (black/minority ethnic, working class)
This causes a strain between the goals and the means of achieving them, this can lead to crime.
Merton - what happens when strain occurs?
Innovators: accept the goals, reject the legitimate means of achieving them and gain material wealth illegally (theft)
Retreatists: Withdraw from society and give up on the goals and the means of achieving it (alcoholism, drug abuse)
AO3 of merton
No such thing as common goals that everyone strives for, different goals due to age, ethnicity, class, gender etc.
Doesn't explain crimes of passion - unrational crimes that happen due to anger/jealousy
Institutional anomie theory - Messner and Rosenfeld
America crime rate higher than most other developed countries
The 'institutionalised' obsession with individual success in capitalist society creates a 'winner takes all/anything goes' attitude (doesn't matter how you get the goal as long as you do)
Societies that lacks a good welfare state makes crime inevitable - relative deprivation e.g. if someone gets ill in USA with no health insurance, they need to find the money somehow and may turn to crime.
Economic goals take priority over all other goals e.g. family, love, fun.
Functionalist sociologists
Merton
Durkheim
Strain theorists
Merton
Messner and Rosenfeld
Cohen - status frustration
Agrees with Merton that we share the same goals
Many working class youths experience status frustration as they fail at school, can't get good jobs or be economically successful so they suffer in status
'Delinquent subcultures' take norms from the larger culture but turn them upside down e.g. values = spite, hatred, resentment
Crime is committed in/by groups
Commit non utilitarian crime, instead of working hard they commit vandalism etc. to gain respect
Non utilitarian crimes
Crimes that don't aim to gain profit
Cloward and Ohlin subcultures
Criminal subcultures: Criminal activity in itself prove goals i.e. organised crime, criminals have a career path (hierarchy and status)
Conflict subcultures: Territorial/respect driven violence as they're interested in looking 'hard', have territory etc.
Retreatists subcultures: Drug use and theft to fund their habits as they give up on goals and go to other illegal crimes
Cloward and Ohlin - illegitimate opportunity structures
Similar to Cohen and Merton as they blame crime on how society is structured around the shared goal of economic success
Working class denied legitimate opportunities to achieve economic success
Parallel set of illegitimate opportunity structures develop where legitimate ones don't exist
Criminal subcultures: Criminal activity in itself prove goals i.e. organised crime, criminals have a career path (hierarchy and status)
Conflict subcultures: Territorial/respect driven violence as they're interested in looking 'hard', have territory etc.
Retreatists subcultures: Drug use and theft to fund their habits as they give up on goals and go to other illegal crimes
Walter B.Miller
Differ from the others has he believes working class youth don't share the same goals.
They have different ones shared by working class males.
Argues there is a working class subculture which compensates for the boring types of manual jobs they do
'Focal concerns' (features) of the subculture and how they relate to crime
Smartness - Conning
Toughness - Violence
Excitement - Alcohol
Examples of focal concerns
Smartness - Conning
Toughness - Violence
Excitement - Alcohol
AO3 - Marxist criticisms of subcultural theories
Gordon: Crime is an inevitable product of capitalism
Capitalism encourages criminogenic values e.g. greed, materialism
Can explain non-economic crimes e.g. rape, vandalism - lack of control over lives can lead to frustration/anger which can come out via crimes.
Subcultural theorists
Cohen
Cloward and Ohlin
Miller
Matza - subterranean values
Delinquents aren't different from non delinquents and there is no such thing as a distinctive subculture.
All young people drift in and out of crime and deviance and not all working class youths turn to crime/deviance
Subterranean values: values everyone has but are controlled e.g. sexuality, greed, aggression
Delinquents are more likely to give into subterranean values
We use techniques of neutralisation to justify to ourselves and others why we might act deviantly
Recent strain theories
Young people aren't interested in money as they're with parents who can financially support them
Independence, popularity, boys wanting to be treated like 'real men' etc. are often more common goals.
Gaining these goals can be done by deviance
Independence - rebelling
Popularity - stealing material goods
Real men - violence
e.g. school shootings are often carried out by men who were lonely with not many friends
AO3 of recent strain theories
Not just applicable to working class, recent strain theories can explain middle class crime.
David Matza - Drift
Youth are more delinquent due to life stages e.g. physical changes, social position (child - adulthood), economic changes
Social control is loosened e.g. leaving home
Committing delinquent acts may be someone trying to be in control
4 elements of the Marxist approach
Manipulation of values - ideological control to ensure support for working class
Law creation - reflects the interests of ruling class
Law enforcement - applied differently to different groups of people
Individual motivation - criminogenic capitalism = explains how crime is a response to capitalism.
Manipulation of values - Louis Althessur
Ruling class control the values in 2 ways:
Socialisation - people are persuaded of the 'rightness' of capitalism by agencies such as schools, media
Threat (coercive control) - occurs if socialisation fails and groups present a threat to social order then the formal agents of control are deployed e.g. police
The socialisation process creates an impression that most criminals are working class e.g. media, biased policing
Law creation
Marxists argue that laws reflect the interest of the ruling class
By setting the agenda: about what laws need to be passed that are sympathetic to the ruling class.
Chambliss - the state pass laws that protect property not people
Frank Pearce - Crimes of the powerful suggest laws benefit all but really only ruling class
Law enforcement
Certain crimes are more likely to be dealt with rigorously e.g. street crime vs white collar crime
Certain groups are more likely to be on the receiving end of law enforcement e.g. working class targeted and dealt with in a confrontational way
Imprisonment neutralises opposition
Defining criminals as 'animals' justifies locking them away
Bhopal gas explosion
50,000 people died by toxic gas and chemicals, no safety systems working,
tried to blame workers, no one went to jail and company still running.
Laureen Snider
losses from corporate crime are 20x greater than street crimes
Individual motivation
Cause of crime lies in nature of capitalist society (emphasis on competition and wealth)
The inability of some groups to achieve these goals leads to crime
AO3 of individual motivation - marxist view on crime
similar to strain theory
Criminogenic capitalism - people want to compete and have most wealth so may result in crime
Frank pearce
came up with the term 'Crimes of the powerful'
State crimes
crimes committed by state institutions, private businesses e.g. illegal war, genocide
Society see the state as protection so denial that state is run by criminals
David Whyte - crimes of the powerful
Crimes committed by the state and corporations kill more, rip and steal from more people than crimes committed by individuals
(262 million killed, not including wars)
Rendition program
allowed US government to kidnap people suspected of terrorism to interrogate, abuse and torture
State crime hard to investigate
Difficulty with researcher gaining access
Too complex e.g. who is in charge/responsible
Difficult to determine the responsibilities
Researchers get funding easier for conventional crimes
Corporate crimes
the illegal and harmful activity that is carried out by corporations to maximise benefits and minimise losses.
Can be committed against:
Workers = industrial manslaughter
Customer = false advertisement, dangerous consumer goods
Local communities = pollution, dumping of hazardous waste
Government = Corruption or tax evasion
Sutherland - Crimes of the powerful
introduced the idea of white collar crimes and found that most corporations were repeat offenders
Qatar 2022 case study
FIFA bribed executive workers £1.5 million so they can vote for Qatar to hold the world cup
Kafarla Laws - laws that benefit employers not employees
Low health and safety laws
Workers came from neighbouring countries e.g. Nepal, Pakistan
Globalisation and crimes of the powerful
international trade/economic interdependence - complex financial laws and loopholes
technology - allows people to communicate
It makes it easier to exploit migrant/illegal workers
More opportunities for corruption at state level
importing goods from developing countries with low wages and poor health and safety records
Subcultural theories applied to middle class crime
Deviant people have similar norms and values about crime e.g. greed/competitiveness
Create a criminal subculture with people with these similar norms and values
Work together to gain increase profit
All the employees benefit from achieving these goals
Strain theories applied to middle class crime
M/C people also feel strain due to relative deprivation
Others have more than them e.g. better car and they want this goal
Commit crimes e.g. occupational crimes to gain the material
Rational choice applied to middle class crime
People make a rational decision to commit a crime
White collar crime often goes undetected so they know the consequence is ↓
therefore, commit the crime
Stuart Hall : Black Muggers
Moral panic developed about mugging in 70s, street crime is a survival strategy for those at bottom of class system
Conscious of racism, black youths didn't accept the inequality of their situation
Small minority started muggings
Media portrayed against black muggers
State focused on black muggers as it symbolised a threat to social order
Targeting of black youths, ↑stop start searches on black groups
Gramsci: crisis of hegemony
Gramsci capitalism has hegemonic dominance - single dominant economic system that most accept as being the best system
Aim of the state is to manage capitalism when it is suffering a crisis of masculinity
Diverts attention away from the 'real' problems of capitalism by finding a scapegoat
For example, recession occurs, ↑ unemployment and unethical banking, state developed scapegoat to distract us by blaming powerless groups in society
Fully social theory stages 1-6
The wider origins of the act
The immediate origins of the deviant act
The act itself
The immediate origins of the societal reactions
The wider origins of deviant reaction
The outcome of the societal reaction
Wider Origins of the Act
The capitalist system = wider origins of the act
The economic structure of society is the root of all action in that society
In capitalist society, wealth is distributed unequally
We are all socialised into desire of material wealth
The Immediate Origins of the Deviant Act
The context in which an individual chose to act criminally
The actual causes that are at the heart of an individual choosing to commit a specific crime e.g. poverty
The Act Itself
Why should the person choose to commit that particular crime?
What does the crime mean to the individual?
The Immediate Origins of the Societal Reactions
The reactions of those around the deviant e.g. police, family, community
The wider origins of deviant reaction
This is about the wider background to law creation/enforcement
Who has the power to label act as deviant and stereotype a group?
Why are some groups treated more harshly?
The outcome of the societal reaction on deviant's further actions
Understand how the labelling criminals/deviant group responds to the labelling
Known as 'self concept/master status'
How the neo marxist view on crime agrees with the traditional marxist view
The state defines certain acts as criminal
This criminalises certain groups e.g. working class
Capitalism causes extreme inequalities in wealth and is the key to understand crimes
How neo-marxists disagreed with traditional marxists
critical of traditional marxists for being too deterministic as they don't believe workers commit crime out of economic necessity
Reject other explanations for crime such as anomie and subcultures
G20 protest
international forum for the government and central bank governors of 20 major economies
increase opportunities for free trade
manipulation of values: police brutality not picked up on by media
law creation: created the laws where you can't take pictures of the police
law enforcement: police officers who killed a man by pushing him not guilty of manslaughter him not guilty of manslaughter
Interactionist approach to labelling
Nothing intrinsically deviant about any acts/behaviour.
It is only deviant when it is seen and labelled as deviant
They are not concerned with why people commit crime but who is responsible for labelling and the impact of this
Becker and Labelling
police/elite have the power to label what is seen as deviant
Deviance is therefore the outcome of a successful label
Pol Pot - Mass genocide in Cambodia
Khmer Rouge under leadership of Pol Pot = overworked, starved and executed groups who had the potential to undermine the state, including people who had stereotypical signs of learning even people who wore glasses.
Pol pot creating the deviance by making the rules
Lemert's study of Inuits
Primary deviance: the initial act of breaking behaviour
Secondary deviance: the result of the consequence of being labelled
This is significant as Lemert argues labelling and rule enforcement makes the acts worse.
e.g. Inuits value public speaking: primary deviance: young has a slight stutter, secondary deviance: community reacts to this in a negative way. This ↑deviance by making the stutter work
Moral panic
result of the way the media reacts to the perceived deviant behaviour.
The deviants are seen as 'folk devils' and their behaviour is seen as a threat to law and order
The agents of social control responds and are called upon to do something so a moral panic occurs.
Moral panics act as an agent of social control trying to correct perceived deviant behaviour.