Crime and Deviance Notes
Crime and Deviance
G.K. Chesterton Quote
- "The law locks up the man or woman, who steals the goose from off the common, but leaves the greater villain loose, who steals the common from the goose."
Crime: A Central Societal Concern
- Crime is a central concern for society, government, the public, and the mass media.
- Different approaches to understanding crime share a commitment to the modernist approach.
- The modernist approach aims to construct a valid explanation of crime to develop prevention strategies.
Social Control
- Socialization and social control maintain social conformity.
- Social control consists of formal agencies (law) and informal agencies (peer pressure/disapproval).
Functions of Crime (Durkheim)
- Durkheim argues that crime serves a purpose in society:
- Clarifies social boundaries by defining what society will and will not tolerate.
- Acts as an agent of social change and reform (e.g., same-sex marriage).
- Strengthens social cohesion and assists the social order through collective consciousness.
- Brings people together when certain events take place.
Definitions: Crime and Deviance
- Crime: Behavior against the law, i.e., law-breaking.
- Deviance: Any non-conformist behavior disapproved of by society or a subgroup; norm-breaking behavior ranging from eccentricity to criminality.
Definition Difficulties: Crime and Deviance
- Crime is easily defined by law.
- Deviance covers a large area of behaviors; what is considered deviant depends on:
- Time
- Place
- Society/subgroup
- Attitudes of those who view the act
Non-Deviant Crime
- Many illegal acts aren't considered deviant (e.g., speeding, illegal parking).
- Some offenses are seen as expected behavior; non-participants are seen as deviant (e.g., underage drinking).
- Time: Deviance is defined relative to norms, which change over time.
Societal and Social Group Norms
- Society: Norms and definitions of deviance differ between societies (e.g., alcohol consumption).
- Social Groups: Norms vary between social groups in the same society.
- Acceptable behavior in one group can be deviant in wider society (e.g., marijuana use).
- Place: Where an act takes place influences whether it is regarded as deviant or not.
Explaining Crime/Deviance
- It is impossible to be born a criminal or deviant.
- Crime and deviance involve legal and social rules.
- What counts as criminal or deviant depends on social rules and norms.
Why Some Deviant Acts Are Criminal While Others Are Not
- Consensus Approach:
- Social rules are made and enforced for everyone's benefit.
- There is consensus that some deviant acts are serious and require legal sanction.
- Explains various societal norms (e.g., soft drugs/alcohol).
- Conflict Approach:
- The law reflects the interests of the most powerful in society.
- Ideas are imposed through agencies of social control.
- Anything against their interests is considered deviant.
Different Theories on Crime
- Classicist/Rational Choice Theory:
- A person is a free agent with a rational thought process.
- Crime is a choice for the individual, who is responsible for their actions.
- Positivism:
- People commit crime due to innate characteristics (biological and psychological).
- Crime is "in the genes" or "in the mind."
- Sociological:
- An individual's experience of their environment are the main explanations of criminal activity.
Classical Criminology
- Beccaria: Father of the classicist criminological perspective.
- Person is rational and exercises free will.
- Person has free choices, and criminals make a deliberate choice to break the law.
- People should be free to do as they wish, as long as their actions do not interfere with the happiness and contentment of others.
Classic Criminology (Continued)
- Classicism is directly linked to liberalism.
- The individual is responsible for their own lives with minimum/no interference and regulation from the state.
- The criminal justice system must operate in a fair and logical way.
- Punishments need to be consistent and proportionate to the offense.
- "The certainty of punishment, even if it be moderate, will always make a stronger impression than the fear of another which is more terrible but combined with the hope of impunity" (Beccaria).
Classicism and the Social Contract
- Classicism believes the social order is based on the social contract.
- Society evolved so that people banded together to protect life and property.
- The state can punish because criminality is an attack on society and a breach of the social contract.
Classicist Critics
- Assumes all men are free, rational, and equal, which is not true.
- Why is there a relationship between social class and criminal activity?
- If men are rational, and the legal system proportional and just, why is there a high rate of recidivism (reoffending)?
Positivism
- Positivist theory states that man has no free choice, but their behaviour is determined by other factors (psychological, biological, and sociological).
- Positivist theories focus on the characteristics and causes of a criminal type.
- Positivist criminology argues that criminal behaviour is not often rational and is linked to other factors (e.g., poverty, environment, family).
Psychological Approaches
- Focus on personality and cognitive development.
- Associates certain personality traits with criminality.
- Psychodynamic theory: Differences in individual make up makes some more pre disposed to criminal activity.
- Theory of psychoanalysis focuses on personality structure and it’s influence on human behaviour.
Classicism vs. Positivism
- Classicism: Individuals are conscious beings with an ability to act as they choose.
- Positivism: Behaviour is influenced by biological, psychological, or sociological factors.
- Criminologists recognize the connection between biological, psychological, and social factors, with more emphasis on either one depending on one’s philosophy.
Labelling Theory
- Labelling theory (Howard Becker): People are not offenders until they are labelled as such.
- Criminals are the product of social reaction.
- A person is labelled, often segregated from society, associates with other outsiders, the label sticks, and those labelled may continue to live up to their title.
- Labelling influences the person’s sense of self.
Self-Fulfilling Prophecy
- "The situation where social actors construct their self- image from the reactions of powerful and persuasive others, thereby acting out or living up to the characteristics attributed to them, thus confirming the original evaluation" (Bilton et al,2002: 390)
Who Labels?
- Power is important in how society makes and enforces its rules.
- Those with power benefit; those without power often suffer.
- Who defines what’s right and wrong?
- Those who generally make rules are people with a stake in society: Men vs Women, Rich vs Poor, Majorities vs Minorities.
Control Theory
- Control Theory focuses on why people do not commit crime.
- Originates in the 16th century - Hobbes.
- Fear is a powerful influence on behavior.
- Hirschi argues that the bonds and attachments that people possess/do not possess explain their behavior.
- Correlation between high attachment and low delinquency.
Social Bonds and Crime
- Social bonds pull people away from crime.
- Inadequate self-control from weak social bonds can force people into crime, but also the opportunity for offending must be present.
- Criticism of control theory includes not explaining why some have weaker bonds than others.
- It also does not recognize crime within tight social bonds.
Strain Theory - Merton 1
- Merton argues that most people try to achieve society’s goals in approved ways, i.e., they conform.
- He rejects the individualistic explanations of crime linked to characteristics of the criminal.
- Deviance arises when the approved ways of achieving society’s goals do not correspond with the actual position individuals find themselves in (e.g., living in poverty).
- A sense of not belonging (anomie) in society develops.
- Merton attempted to explain the relationship between the social structure, anomie, and crime rates.
- A strain develops when people want to achieve societal goals but lack the opportunity by conventional means to achieve them.
Merton 2
- Values are learned from the cultural norms of society.
- The “American Dream” ensured that society was structured so hard work was rewarded with material success.
- Some people develop anomie when they cannot succeed, and a “strain” develops.
- Individuals adapt to the strain of having opportunities blocked by the lack of institutional means to succeed.
Merton 3: Five Modes of Adaptation
- Conformity: Accept societal goals and attempt to achieve them by legitimate means.
- Innovators: Try to achieve success by illegitimate means.
- Ritualists: Continue to work within the system but give up trying to achieve success.
- Retreatists: Abandon goals and drop out of society.
- Rebels: Reject societies' goals and the means of achieving them, and try to replace them with their own.
Test: Merton's Strain Theory
- Classify each of the following acts/groups according to Merton’s strain theory:
- Someone cheating in exams.
- A civil servant who has no interest in the job but continues working.
- A heroin addict.
- A member of Al Qaeda.
- A newly qualified accountant.
Theory of Differential Association
- Sutherland (1934) argued that deviance is learned through interaction with others in society.
- Sutherland’s theory of differential association is based on the frequency of association with other people.
- In a society with different subcultures, some environments encourage criminal activity.
- Criminal activity is learned in the same way as any other activity.
The Company You Keep
- “Birds of a feather flock together” (Curry).
- Young people are attracted to gangs for many reasons (e.g., group identity, protection, and monetary gain).
- Curry recognizes that Sutherland’s theory is limited because it does not address why most people who live in high crime areas do not commit crime.
Deviance Amplification
- Moral Panics and Folk Devils.
- Deviance Amplification: “A spiraling sequence of interaction between deviants and those reacting to their behavior (typically agents of control, such as the police), which generates further deviance and therefore further punitive responses.”
- Event >>>> Media Hype >>>>> Over Response >>>>> Expectations >>>> Event.
- Moral Panics: Society reacting to deviant/criminal behavior.
- Folk Devils: The group who threaten society.
Control Theory (Revisited)
- Control theory asks why most people DO NOT commit crime.
- Theorists like Hirschi argue that most people could be tempted to commit crime, but social bonds prevent them from doing so.
- Four social bonds are identified: belief, attachment, commitment, and involvement.
Four Social Bonds (Explained)
- Belief: People share similar moral beliefs (e.g., respect for the law and community values).
- Attachment: Attached to and sensitive of family and community.
- Commitment: Committed to conventional activities like work, education. They have a stake in conforming to norms.
- Involvement: Involved in many activities and don’t have an opportunity to become involved in crime.
Control Theory Evaluation
- Suggests we are all potential criminals and require monitoring and controlling.
- Its functionalist base recognizes the importance of social control and socialization.
- Assumes criminals have no mainstream values.
- It ignores that you can have social bonds and be a criminal.
- It doesn’t explain why people with weak bonds don’t all turn to crime.
Marxist Criminology
- Structural-conflict model of society.
- Rejects positivist accounts of crime.
- Crime is an inevitable consequence of unequal power structures in society.
- Crime committal and crime figures only tell a small part of the story.
- Crime is a result of only one of a number of related social problems, all of which arise because of inequality.
Left Realism
- Move away from Marxist oversimplification of crime.
- Realization that crime and fear of crime is a real situation, and simply blaming capitalism does not do justice to the real situation.
- Left realism explained crime with reference to the state, offender, society, and the victim.
- Most crime is intra class.
Left Realism (Continued)
- Acknowledges that there is a significant association with deprivation, marginalization, and subculture.
- Recognizes the reality of crime and the need for radical solutions - “tough on crime, tough on the causes of crime.”
- Left realism provides a multidimensional framework for understanding crime and the interactions between the victim, offender, state, and wider society.
Right Realism
- Critique of liberal sociological theorizing about crime.
- Associated with New Right neo-liberal doctrine.
- Focuses on containment and control.
- Deterrence is a byword.
Right Realism (Continued)
- The welfare state has contributed to an increase in crime.
- A sense of personal responsibility diminished.
- Reasons for crime are liberal parenting, permissiveness, liberal social policies, etc.
- Zero tolerance and active citizenship are right realists' solution to crime.