Notes on Crime, Deviance, Procedural Fairness, and the Purpose of Law

Definition: conduct in violation of the criminal laws of the state, the federal government, or local jurisdiction for which there is no legal acceptable justification or excuse.
Context with deviance: If you’ve taken the deviant behavior course, crime is often contrasted with deviance (behavior that generally goes against the norms of a society or group). There is substantial overlap, but it’s not universal:
- Some things are criminal but not deviant (and some people may view them as acceptable).
- Some things are deviant but not criminal.
- There are many acts that are both criminal and deviant.

Overlap and divergence between crime and deviance:
- Not all criminal acts are seen as deviant by all members of society.
- Not all deviant acts are criminalized or punished in law.

Procedural fairness (definition): the process by which decisions that feel fair to those involved are made.
Why it matters: fairness in the process helps ensure buy-in and legitimacy of laws and enforcement; without fairness, even lawful actions can erode trust in the system and reduce cooperation.
Consequences of perceived unfairness:
- Lower trust in the criminal justice system.
- Increased perceptions that laws and enforcement are illegitimate, leading to broader social problems.
Procedural justice (definition): the application of perceived fairness to the criminal justice system.
Practical implications:
- Conducting the system and its actors in a way that is perceived as fair improves legitimacy and outcomes.
- Training for police on procedural fairness can lead to better overall effects when interacting with the public.

Personal research on policing:
- If police arrest someone but treat them in a manner that is perceived as fair (e.g., respectful handling), individuals tend to have a more favorable view of the process, even if they were arrested.
- When fairness is perceived, people are more likely to respond positively to treatment and support the system.
Practical takeaway:
- Procedurally fair treatment during arrests can lead to better compliance with law, smoother enforcement, and improved community relations.
Overall finding: police that conduct themselves with procedural justice generally yield better outcomes.

Not just about crime and sanctions: laws are rules of conduct enacted as statutes that regulate relationships between people and between parties.
Historical source:
- Most modern laws come from statutes enacted by legislatures.
- Historically rooted in common law from English heritage, but today primarily statutes.
Core functions of the law:
- Maintain public order.
- Regulate human interaction.
- Enforce moral beliefs (some laws reflect moral judgments of society).
- Devise laws that relate to deviance and morality.
- Define the economic environment and set policies around the economy and commerce.
- Enhance predictability and provide a framework so people can anticipate consequences.
- Promote orderly social change.
- Sustain individual rights (laws that protect or restrict the state’s power over individuals).
- Identify wrongdoers and redress wrongs, including mandating punishment and retribution.
Note on morality and deviance:
- Some laws are driven by moral beliefs; this can intersect with deviance as defined in sociology.
Drug laws and personal use:
- Marijuana laws illustrate how legality can shift (many states now legalize to some extent), reflecting changes in moral and policy landscapes.

Economic function:
- Define the economic environment of society.
- Set policies around the economy and commerce.
Social order and change:
- Laws facilitate predictability, which supports stable social and economic interactions.
- Laws can promote orderly social change by providing a framework for reform.

Consider how different laws and policies align with either maintaining public order or protecting individual rights.
Reflect on personal leanings and how they shape views of which purposes of the law should be prioritized.
Note: This is a thought exercise to compare two broad aims of law and policy.

The video provides a very brief overview of key points in American criminal justice history that led to large shifts in policy.
This is a prompt to connect the described concepts to historical policy changes and subsequent reforms.

Recap: defined crime; explored crime vs deviance; introduced procedural fairness and procedural justice and their importance for trust and effective enforcement; reviewed the broader purposes and functions of law, including moral, economic, and rights-based dimensions; highlighted the relationship between public order and individual rights and encouraged reflection on these tensions.