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this newly revised text, Lanier and Henry build upon their critical teview of riminology, expanding their coverage ofthe multifaceted "Crime Prism," white-
1
lIlar and corporate crime, new developments in biocriminolog)T,. cognitive leary, feminist criminology; and posrmodernism. Importantly, they re-frame rime and its control in the context of global interconnectedness, expanded Hemet communication, and international terrorism since 9/1 L and ask: What
ind of criminology is needed for the 21st century? The addition of illustrative, )mparative, real-world examples and vital updates reflecting the latest studies ad theoretical developments make this text a necessity for both undergraduate nd graduate courses in criminology.
lARK M. LANIER is an associate professor of criminal justice at the University f Central Florida. STUART HENRY is professor and chair of the Department f Interdisciplinary Studies at Wayne State University.
wer illustration: © BeUmann/CORBIS
estview Press 300 Central Avenue wider, CO 80301 ~2977 2 Hid's Copse Road Imnor Hill • Oxford OX2 9JJ 'Nw.westviewpress.com
ISBN
O-B133'~090-X
Ir
.....
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-< SECOND EDITION
.
Westview
Mark M. Lanier &- Stuart Henry
Contents
Mark dedicates this book to Luke 111111 Jessi Shinrf, fa Lee Ilud Jasmine
List ofTnbles I1/U7 Figures Prt!{tlce and Ackl1owle{~~;l1lell[s
IX
.yi
1 What Is Criminology? The Study of Crime, Criminals, and Victims
1
What Is Criminology?, 3 CrimillOlogicaJ Theory, 6
Victimo!ogy, 15
-
Sllll1mary, 16
All rights reserved. Printed in the United Slales of America. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information stor
2003021%1
The paper used in this publication meets the requirements of the American National Standard for Permanence of Paper for Printed Library M"[cri,,ls ..239.118-1984.
KN070004284
2 What Is Crime? Defining and Measuring the Crime Problem
18
Legal Definition, 20 Consensus and Conflict Approaches, 22 I'lagan's Pyramid of Crime, 28 The Prism of Crime, 35 Application of the Integrritpd Prism 10 Schonl Violence 40 Measuring Crime, 50 . Government rV{ei:1llSrf'S of Crimp "10 What the [feR arId NCVS '[~ell Al~:-Illi ('riIlIP. 'f·rPlll,<:;, I .~n co Independent CrillleMeilSlJrpS, 61
Summary, 65 Notes, 67
3 Classical, Neoclassical, and R<1lionaJ Choice Theories
68
The PreclassicOlj Ern, 70 The Classical Reactioll 7? Neoclassical ReVisions',
~rimi~l~1 Justic~
78
Implications: TIle Move Itl "Justicp" "r'11P{lI')', 7q hpdefinmg R~llOnal Choice: Sitll<1tinn,J! Filclnrs e1l11l Routine Activities Theory, Rq SurllJll(lry and C'nllcJusioll,'qR
7'
COI1II'III.c;
('uJllt:llls
Summary Chart: ChssicaL EahonrJ! Choice, nml RoutinE' Aclivities Thel1I'il".o:;, Cjq
8 Crimes of Place: Social Ecology and Cultural Theories of Crime ]01
Biological and Pusitivistic /\SSUlllpli(ltls, 103 The Born Criminl1t 105 Early U.s. Fnmily-Type and Bndy-Type 'rJwnries, 1()7 Cun-Lemporary Biologicl1l Perspedives, -1]/) Biosocial Criminology: l\ DevplnpTlIf'JII
5 Criminal Minds: Psychiatric and Psychological Explanations for Crime
9 The Sick Society:
Anomie and Strain Theury
10 Capitalism as a Criminogenic Society: Conflict, Marxist, and Radical Theories of Crime
Failed Socialization: Control Theory, Social Bonds, and Labeling Control Theory: Learning Not to Commil Crime, 182 Labeling 'rhea"ry: A Special Case of [o'fli1ec! Soci
259
~lIared Assumptions
and Di££erellCl:b: Conflict, .rvrarxist, and J~i\dical'l'he,)rit's,262 The ]\ooIS of Conflict ('riminolugy, 264 Contempurary COilflict Criminology, 2(19 The Roots of Radical Theory: Marx's Analysis of Capitalist SocieLy, 275 Contemporary Radical Crirninolngy, 281 Central Themes of Radical CrilUinolugy, 281 Summary and Conclusion, 288 Summary Chart: Conflict Theory and Radical 'I'hellry, 288
]56
Common Themes and Different Assul'nptioils, 160 Sutherland's Differentinl Association Theory, -162 Neutralization Theory: Learning Ra!iollillizi11iOilf'o a.c,Molives, lilR Summary and Conclusion, 176 SllllHnary Ch;ut: Soci;'\1 Prncess Theories, 177 7
232
ASslllnptions of SLrain 'l'lIeu)'y, 'lJ--l FCHlnders of Strain Theory, 236 Recent Revisions to AnClltlie/Str..lili Theory. 24,') Summary and COllcJ usion, 256 Summary Chart: Anomie/Strain 'l'Ileury, '2.:,/1
126
From Sick Minds to Abnormill Bch,winr, 12CJ Shared PsycllOlogical /\SSIIJllplinns, 130 The Psychoanalytic Approach, 131 Tri1it-Based Persnnalitv Theories, 137 Behavioral, Situil!iolla-I, ,1Ilr! Soc1
205
COlIlHlon Themes ,mel ASt>lIlllpliuns, 2117 The Chicago Sehoul, 2U9 The Ne"v Social Eeolng)' '1'111'nries, 215 Cullural Deviance "l'heuriet.>, '223 New CulLural Theory of Crime, 226 Sl][]\mary and Conclusiun, 221) SUlllltldry CharL: Social Ecology Theury and Culture Conflict Theory, 229
4 "Born to Be Bad":
Biological, Physiological, and Biosocial Theories of Crime
'OIl
11 ]79
Patriarchy, Gender, and Crime: Feminist Criminological Theory Basic Assumptions of Feminist Cdllltllll!Ugy, 21J2 Liberal Feminism, 296 Radical Feminism, 299 Marxist Feminism, 302 Sociali~t Feminism, 304 Gendered Theory, 305 Epistemologicallsslles dlld Pus1Jllodl'nl Femjnlslll, 3Ub
290
'01 ii
CllndusilJll,3U7 Summary Chart:
F~lllillbm, 308
12 Criminologies for the Twenty-First Century:
Globalization, an Issue of War or Peace? Globalization, 31 J PostmodemisJn, 317 Making Peace, Not War, 327 Restorative Justice, 332 Left Realisfll, 335 C:0I1CllI8io11,337 Summary Chart: Critical Criminologies, 33t)
'!ii/lieS 2.1 The Seriollsness of Crimes
Conclusion: Integrative Theory
341
l\tiferellce~
353 413
ludex
Tables and Figures
310
30
4.1 Some Claimed Biological Causes of Crime
113
5.1 Psychological Theories Compared 5.2 Core Traits of an Antisocial Personality (SOciUpdth llr Psychopatl1)
132
9.1 Mertun's Individual Ivlodes of Adaptation
241
C.l Integrative Theories and Their Derivation
3'16
Fi::Jures 2.1 2.2 2.3 2.4 2.5
Hagan's Pyramid uf Crime The Crime Prism Why People Fail to Repurt Crimes to the Polic~ Proportion of Crimes Reported to the Police Likelihood of Victimization by Age, Race, and Sex
3.1 Cornish and Clarke's Reasoning Criminal
8.1 Concentric Zone Theory 8.2 BeHair's Systemic Crime Model 8.3 Warner's Integrated Cultural Attenuation SYSt12111 rvlode!
138
29
36 54 59 60 91 210 219 221
, ix
Preface and Acknowledgments
The idea that "the only constant is change" has been around at least since llw tiIlle of Heraclitus in 500 B.C. Since we wrote the first edition of this book in 1997, the world has certainly changed. It has become mOTe globalized and we are more interconnected with others. The nature of crime has dwnged to include environmental and financial harms from multinational corporate crimes, global political terrorism, and violence at home, 'Nork, or school, all of which have become more significant than the threat frum strangers on the street. The threat of terrorism affects everyone, everywhere. New vulnerabilities have appeared. The means we use to communicate and converse have changed and opened up opportunities for new types of white-collar fraud and identity theft. The business community has been racked by one scandal after another, eroding confidence in our economic systems. The nature of war has also changed from nation-to-nation fighting to ongoing conflicts between ethnic and sectarian groups. These changes, coupled with many suggestions from the readers and users of Ule first edition, led us to revise and update Essential Criminology. rVlost of all, we revised this book in the spirit of social philosopher Eric Hoffer (1902-1983), who said that "in times of profound change, the learners inherit the earth, while the leanled find themselves beautifully e1luipped to deal with a world that no longer exists." On the surface, this is still a book about crime and criminality. It is about how we study crime, how we explain crime, how we determine what is-and is not-criminal, and how we can reduce the harm caused by crime. It is also a book about difference. Crime is something we all know about-or do we? You may see crline differently from the way your parents or even your peers see it. You may see your own behavior as relatively acceptable, apart from a few minor rule violations here and there. But real crime? '1'h<1t's what others do-criminals, right? You may change how you view crime and criminals after reading this text. I\s authors, we reflect difference; Stuart was raised in working-class South London, England. Mark traces his ancestry to southern plantation owners. Stllart WflS educatecl to traditional, long-tested, yet very narrow
British standard.s; Mark, in a unique multidisciplinary U.S. program. Stuart seriously qUf?sl'ions the utility of scientific methods (positivism); Mark xi
xii
Prejilce IlItd Acklwwlcdgllle11tS
Preface and Aclmm.o!edgments
relies on them daily. Stuart rarely does rlnything outdoors, except watch an occasional rock concert. Mark rides Barleys and is an active wakeboarder and surfer who loves outdoor life, Despite these differences We found COllllllon ground for our analysis of crime and criminality. Our differences provide for a balanced analysis of crime. We spe crime as complex, politicat and harmful to victims and perpetrators. We also acknowledge the difference between people, culture, and regions, Thus ive embrace connict as not only inevitable but positive. Conflict promotes contemplation and understanding of others, including their cultUl"(', education, experience, and worldview. Conflict also prompts change nnti thus provides the opportunity for improving our social world. It presents the opportunity to confront our dissatisfactions and search for a better way. Most Americans and many Europeans are dissatisfied with how we handle crime alld criminals. This dissatisfaction raises questions. Is crime caused by illdiviclLlals~'criminals?Is it caused by the way society is organized? By fule 1lli'lkers? By poverty? Dwgs? All of the above? Something else? Is crime even caused at all? We also question how to deal with crime. Should criJJle be handled by the criminal justice system? By social policy? By pllblic health officials (did you know that the Centers for Disease Control now track homicides)? By you and other citizens ("take back the streets" and "neighborhood partnership" programs have become a significnnt part. of community crime control)? Conflict over these issues and the need for a good, (relatively) short criminology lext contributed to our desire to write this book. At first we decided to write EssPllfia! Criminology as a conclse introductory text that eXiimines the Ilatllrp ami extent of crime and surveys the main theoretical perspectives on crime causation and criminal justice policy impliciltions. The book is written in a clerlr, straightforwClrd style and progressively builds students' knowledge. Much to our surprise, an analysi,<>. of progri1ms adopting the text fOlme! it being used in gradllate programs as \-vell CIS freshman courses. Thus in this second edition we haV(~ tfiE'd 10 broaden the scope. We are glad the first edition had such broad appPfll Cllld we have tried to build on thaL After de,<;;cribillg the scope of the subjecl, ESSfllli111 Crimino!o:{lj guides students lhrougll the diverse definitions of crimE' and provides a brief treatment of fhe different ways crime is measured. It then turns to the major theoretical explanations for crime, from individual-level classical and rational choice through biological, psychological, social learning, social control, fwd illteraclionist perspectives. It explains the more sociocultural theories, beginning with social ecology, and moves on to strain/sllbcultural theory ,md conflict, l\1arxist, and anarchist approaches. We reorganizerlthe final choplers to better reflect f('lllinist contributions (mel the ex-
..
xiii
. changes in postmodernisffi, peacemaking, and left realism. new . d . .' . t' examines the mam arguments for an agamst mtegra Ive . . . . . . . B i~f background 11lfOrmatIOll IS proVIded on l11aJor theOrIsts theones. r e . I'f f ling that they are real people who share the expenences Ie a deUlons t ra . I d . II We have tried to cover the theones completely, accurate y, an !el'S us a . . I d . I d ~dly and have attempted to show how each 15 re ate - to or even laI1 e , I builds on the others. Concen:s ab~ut length mean that the student WIS 1~ '0 10 explore these connectIOns 111 depth should consult more compre 0 ~l~~lsive theory texts. Ours provides the essentials. , . . _ EssCIltial CriminoloSJ1J has several unique: ~tud.ent-ff1e~dlyfeatures. We t ~ 'n each chapter WiUl examples of speclftc cnmes to Illustrate the th~ g 1e l 'h book includes an intea-rated "prismatic" definition of crime. ThIS Dry. 1 e 0 I' : .111 provides a comprehensive, multidimensional way of conceptua IZpn~ ' " cnme in" crime in terms of damage, social outrage, an d Ilarm. 0ur prism" integrates virtually all the major disparate definitions of crime. I~ terestingly, when this first appeared were encouraged ~o develop It further and the result was a journal article (Henry and Lamer 1998) and book-length treatment of the subject (What Is Crime: Controversies ovt!r the Nat/lre of Crirne and What to 00 Abollt Ii 2001). Throughout the text, we provide "equal time" examples from both white-coII~r ("suite") a~ld conventional ("street") crime with the objective of drawmg students mto the realities of concrete cases. We make a conscious effort to include crimes that are less often detected, prosecuted, and punished, These corporate, occupational, and state crimes have serious consequences but are .often neglected in introductory texts. We present chapter-by-chapter dISCUSsions of each perspective's policy implications, indicating the practical applications that the theory implies. Finally, summa~ con~ept charts condude each chapter dealing with theory. These prOVIde a SImple yet comprehensive analytical summary of the theories, revealing their basic dssumptions. . The book is primarily intended for students interested in the study at crime. This includes such diverse fields as psychology, sociology, political science, and history. \-Ve expect the book to be mainly used in criminology and criminal justice courses, but students studying any topics relate~ to criI1le, such as juvenile delinquency and deviant behavior, wiII also find the book useful. Interdisciplinary programs will find the book particularly helpful. Rarely is any book the product of one or two individuals. We drew on the talents, motivation, and knowledge of many others. Thus several people have earned our thanks and respecL In keeping with our title, however, we mention only key helpers, Jill Rothenberg was both patient and encouraging. Chrisona Schmidt's and Sharon Dejohn's copyediting added greatly to the book's clarity. \-Ve would particularly like to thank 'illil"
n "1 ,'on ThecOI1CUS
c
IN:
uv our gradudte resedfcll assistants: Natalie P£.ddldk, Jes:;iGI Stt:'l"ll, dlld Ll1~ ar~n BrelU1an. We also thaI~k two \VaynJ2 ~tat.e University graduate library: SCIence students, Robert Grdves and JenIllfer Roth-Emkuw, who provided research assistance for the book. Gregg Bdrak has alway~ beell at the fore_ front of recent themetical movements alld we are eadl inckbted to hi11l for his tl1o~lght~provoking prose and friendship. We thank uur colleague Dragan !vhlovanovic for continuing to provide cutting-edge critical the~ ory that has moved the discipline beyond its n"lJTo·w contines. IVIark Lanier specifically thanks the teachers who first interested him in theory-\Villiam Osterhoff, Brent Smith, dnd John Sloan as \vell as the teachers and peers \vlw provided illiditiunal insight: Karol Lucken, Peler K. Manning, Bob Bohm, John Smyl,la, and Gene Paoline. lIe would also like to U1ank all the teachers outside the classroom: friends, students, deviants (bikers, surfers, and professor.':> l11ostly), criminals, and pulice ufficers who broadened his view of crime. We would like to commend lhe exlernal reviewers of this book, IVlark Sta[f(lrd of the University uf Texas-Austin, and especially .rvfartha A. MVl2rs uf the Universitv of Geor~ gia, who provided a tl10wughly constructive cummentary that ·made this book far better than it could h~IVl' been. Finally, we wOl;lcl like tu thank Rene van Swaaningen and Drdgall Milovilnovic for helpful suggestions pertaining to the book's revision. II/lark Lwrier StullrtE-iellry
1
What Is Crinlinology? The Study of Crime, Criminals, and Victims
In lhe early part of the tvventy~first century \Ve h
. rills L Ie increasing severity and frequency of erronSl11 CIS altered Our belief in the amount of freedom thilt individuals are prepared to sacrifice tu government in exchange for state protection. Instead of security in the hallIe to proh~ct our private property, we are now more interested in "homelcllld seclIrity" to protecl our energy re~ sources, health network, waler supply, communiGliions systenl, and lIlass transpnrtiltiOll facilities, including pllftS, airports, and trains. We are also strengllwning puhlic safety services: police, fire, EMS, and the Nalion"ll Guard. We are moving from decentralized and frClgmi?nled protective services to an inil'grated natiunilJ syslem of secmily designed to protect the American "homeland." Fear in the minds of \tVeslern populations has shifted frolIl hllrglars ill the night to low-flying aircraft and bombs in movie theilters. The perceived vulnerability of Western civilizations stemming from the combinalipil of operUless and large population concentrCltions hilS reached a national nisi.c;. As a resull (If these changes, crilllillulogy is also undergoing major chilnges. Historically a discipline fucused on explaining individuClj criminal motivations in relation to dumestic institutions and social processes, it has becom:' il rnultif;:lce~ed eXilO1inalion that Jinks genetic disposition to political Clnc! globn.j forCE'S. What is this discipline, this study of crime? To cnntel1lpnrilr\-' crimiJlldllgisls, lile Sl"llPf' of crime is Blllch broader lhall 7
2
What 1.<: Criminology?
Essential Criminology of inner-city gang violence, child abductions, carjack_
y 5 lootings, serial murders, workplace homicides, and drug wars. Crime also includes a variety of misdeeds by governments, political corruption, corporate fraud, employee theft, and offenses committed by "ordinary" Americans. Ever since the watershed of vVatergate in the early 19705, when it was reluctantly realized that even a president could be a "crook," media coverage of crimes by those in positions of power has accelerated. For example, consider the harm caused by U.S. government radiation experiments
on unknowing citizens who subsequently developed cancer. Consider also the 19305 syphilis experiments that wefe conducted on African American men in Tuskeegee, Alabama. These infected men were diagnosed but deliberately not treated, even when penicillin was available as a cure, in order for government doctors to study the long-term effects of syphilis. Deceiving consumers through false advertising and price-fixing by corporate giants llke the Archer Daniels Midland Company (ADM) (forcing consumers to pay above the market price by undermining competition) are just some of the crimes committed by corporations. Other crimes of the powerful involve corporate executives deceiving investors, as in the Eman, Worldcom, and Arthur Andersen scandals; Martha Stewart has made insider trading a household phrase. Corporate crime can include manufacturers and hazardous waste companies that pollute the environment, as well as the knowing Tl1"lnllfactllre of defective products, as in the case of the Ford Pinto gas !-allk lhat exploded on low-speed rear end impact; dangerous Firestone lires on Ford I\/Iotor Company autnrnnbiles (particularly its SUVs), with nne of the poorest safety records on the road; and unsafe food handling practices by meat processing companies resulting in E. coIl contamination of beef. Also falling wiOlin the scope of criminology are the unsafe production practices that result in death and injury ill Ihe vvorkplace, such 8S the Imperial chicken plant in J-lamlet North Carolina, where twenty-five deaths occurred when the factory c8ught fire. Imperial's owners had padlocked the plant's fire exits to stop petty pilfering of chicken; each of the owners received a ten-year prison sentence for nonnegligent manslaughter. Contemporary criminologists also study employees who steal fWIlI lheir bosses, bosses who employ workers "of[ the books" to evade taxes, and professionals (such as doctors) who defraud the government and rob H1E' public purse through Medicme rUld Medicaid fraud. Finally, the United Stales has become the target of terrorist groups, as evidenced by the 9/11 suicide hijackings of fully loaded passenger aircraft that were flown into corporate Clnd government buildings and attacks on U.S. interests abroad, as in the USS Cole and the U.s. embassy in Nairobi. What light can criminology shed on the political movements that
can
eople to commit suicide bOIT.lbings in furtherance o~ their CallSf'~ Pglobal forces produce such WIdespread lnullan suffenTl~ clIlrl what e leafll about the forces that prevent thesp devilstiltlIlg cOllse-
W
CrimiIl
i.1Iso
b . a variety of social contexts. For example, sllrfing may seem to e a ~~i[nefree acl:ivity, and generally it is. But in September -1995 at Laguna Beach, California, two surfers were videotnped bealing nnother surfer \'/ho had ventured into their designated cOIllesl nrea. The two surfers were arrested and charged with felony assault. 111 comt on December 20, 1995, the t\-vo surfers had their charges reduced through a ple8 bargain, and each was released on three years' probation. The videotape played a vital role in the case. Ivledia coverage was vast and the C
What Is Criminology?
F.,~S/'IJI;lrl ('ri111illn!ngy
reseoreh forms the basis for understanding, explaining, predicling, ond pr v ~n' ~rime, as wel1 as fOTflling criminal justice
;e~e~~~:~~~
t le content ane scope 0 "I anc commentators have raised several questions about its academic standing. For exallll.1Je, is lTiminolngy tru]y a science? Does its applied appro;ch, driven predlnllimlllt1y by the desirE' to cCllltrol crime, inherently undermine the Ve cred essential for SC· or .rI ICE>
soon? Which of the several theories of criI1lill~)Jogy offers the best explanation for crime? Answers to thesp qllf'.<:.;tions Me C~lllplicated by criminology's multidisciplinary nature, ils f'pblive faillire to n~I_'OInmend policy that reduces crime, and its heclV.Y reliance Oil glJvernment funding for research. Criminology's subject lIlaller is elastic. Unguestionable core components include (1) the definition and nature of crime as harm-causing behcwior; (2) different types of crimimd activity, ranging from individual, spontaneous offending 10 collE'ctive, organized criminal enterprises; (3) pmfiles of typical offend(~rs and viclims, including organizational and corporate lavv violators; (4) slatistical analysis of the extent, incidence, patterning, and cost of crimes, including t"stirnales of the "dark figure" of hidden or unreported crime, h8sed (lll survpys of victims and self-report studies of offenders; ane! is) ill1
~I."
1
I
P
Is Criminology Sf'ielll{l/c? Criminology requires that criminolilgists slrictly adhere tCl the scientific method. What distinguishes science hOlll Ilonscience is the insistence on testable hypotlwses. ~vh(ls(~ support or re[ul,llion through empiricfll research forms the basis of wlli'lt i.s accepted aTllollg scientific criminologists as validkllowledge. ,C;ciencp, 1!Jt->n, n~flllirT's lTilllinnlogists to build crimi-
'. 1 knowled'Jl:' from logically interrt:lated, theuretically gruliuJed, 0 nnlu"ILJ 0 ., " '[I U '1 , ·rically tested hypotheses lJlat are subJecllo retestmg. lese 'lel all enlpl , , '. . f'd b f U 0 ' ' '. 1 5 talements hold tme as long as they elfE' Ilol taisl Ie y ur 1121 leoretlLa search (Popper 1959). , '." _, . " ' . , .' Theory testing can be dUlle US1l\g \::'rlh~r qUdhtatlve ur qlld.J1tdatIve . Qualitative 1l1l'tllUds (Ber 2(HJU) Illd\" ethno1 Js. Illel1U( ' , IJn . . use systeuldtlC . ., . '. lechnitjues, such as !J3rticillant ubservdtlOn and m-depth 11It\::'1grdp !lIC r , TJ,ese are desipned to enable the researcher to understand wh8t VieWS. 0 • , • . criminal activity means to the participulll:s, In paI:tlClpaI.lt c)~..,servatlon, th~ , d,er takes a role at the ,scene of a crime or, ,111 the JuslIce system and re~ear . ". '" describes what goes on in the interaction~ belwee~l the partiCIpants. Criminologists using this technique study CfIlll€ and Its SOCIal context as an anthropologist would study a nonindustrial society. These methods have produced some of criminology's richest studies, such as ~aud Humphries (1970) study uf homoseXUality in public rest roo?~S, entJtle~i Ti!G Room Trade, and [-laward Becker's ([1C}{13J 1973) study 01 Jazz mUSIcians and marijuana smoking in his book Outsiders. Quantitative methods involve llumben" cOlmb, dnd measures that are Jrrived at via a variety (If research technique::.. The~e include survey re~earch based on repre~entative random ::id1l1pil~::, and the a~l~lysis of secondary data gathered for other purp.uses, .SUd.l as h~~lll~lde r~tes or corporate convictions for health and saIety vIOlatruns. Cnllunolo?lsb. u~ ing quantitative teclU1igues make up the mainstream of academIC ,cr11:11llology. Perhaps one of the mo::;t illustTdtive e~amples of quantItatIve research is the series of longitudinal stud res 01 a cohort of 10,000 boys born in Philadelphia in '19"15 and folluwed through age eighteen with respect to their arrests fur criminal offense~ (Wulfgdng, Fig.]in, an-,d Sellin 1972) and a second cuhort of 27,000 boys and gIrls born 111 19SI:l (Tracy, Wolfgang, 8nd Figlio 1990). Each study ::;eemed to indicate that a ::;lllaU proportion of offenders (6 percent), called "chronic utJender::;," dcc,ounted for over haH of all offenses. Other quantitative research methuds mciude the use of historical records, COillparativt> analysis, and experimental research. Unfortunately, most quantitative l'vsearch is not theory driven; it does not involve theory testing. A survey l:llllducl.ed in 1992 revealed that only 27 percent of the articles f)ublished uVt'l" a period of twenty-eJght years in the journal CrilllirlO!O::;Y tested theory (otitt and Ciacopassi 11)92). Apparently theoretically grounded research is lacking. This begs the question, Is criminology scientific?
Disciplillltiy Diversity
b
7
b';;ellllul C'riJllirw!ogy
What [s Criminology?
philusophy, pnJiticdl t:;ci~llce, Jlsydliatry, and psychology (Einstadler and Henry ]995). Edt.'1J uE thetie disciplines contributes its own assumptions about human nature and society, its own definitions of crime and the role of law, its own prderence of methods for the study of crime, and its own 311dlysis of crime causation with differing policy implications. This diversity presents a major challenge to criminology's disciplinary integrity. Do t1lese diverse theoretiGll perspectives, taken togeU1er when applied to crime, constitute an independent academic discipline? Are these contributing knowleJges mendy subfields, or special applicatiOllS of established disciplines? AHernatively, is criminology interdisciplinary? If cri ·m I 5 f
'11352-- 1934 ), and Enrico Ferri (1856-1921)), whu beJiL:ved crime was {Ci;ltl sed , not chosen. Ana1yziw0J convicled criminals dnd .cadavers, these founding scientific criminologists claimed to show that crJlue was caused by biological defects in inferior" atavistic" individuals who were" throwbacks" from an earlier evolutionary stage of human development.
g~ography, hbtory,
"n
(see rvlessner, Kmllll, and Liska 1989; SMak J 998). There is sufficient independence of the subject from its constituent disciplines and an acceptance of their diversity, subsumed un-
;E!~tiliit~~~\~;~UlSilLLply, crime can
ma::,~,·y:;~~~~i:S.~l~tl~
well illustrated lhrough an overview of its component theories, discusSiOllS of which furll1 the bases nf subsequent chapters in this book.
A precursur lo sL:ielllific criminology wa..:. the rational lhought allJ ecoth.,mic assul1Iptions of the eighteenth-centllry Enlightenment philosophy of Cesare Beccaria (1735-1795) and Jeremy lJentllam (1748--1832).
Founders of Classical Economic Theory 1764 Cesare Beccaria Essay VII Crillle::; ll1ull-'Ullislll/ll!lll 1765 Jeremy Bentharn All Illtroduction to the Principles of Morals
Individuals are said to choose lo L'uJ1l1l1il crime based on whether tlley will derive more pleasure frunt duing so thal1 pain. Burglars, for example, weigh whether ur no! lo invade someone else's property depending on the e.\btence, among {/ther things, of lences, locks, and guardians of prop~rty clUJ I,vhether they lhink they will get caught and, if so, seriously punt::;heJ. . The idcd that critHe is dlOsen was challenged by the early anthropologh:al and biulugicallv based formulations of the 1Lalian school of criminologists, indudiJlg (-~esare LOlnbroso (1835--1909), Raffaele Garofalo
Founders of Biological Theory 1876 Cesare Lombroso Crimillal Mall 1884 Enrico Ferri Crimillal Sociology 1885 Rafaele Garofalo Crilllillology The idea that individual bodily differences can explain crime was developed in the late nineteenth century by US. criminal anthropologists, such as Ernest Hooton, who believed in the criminal man, and the constiwtional theorist William Sheldon, who believed crime came from feeble minds and inferior physical constitutions. Founders of Heredity and Constitutional Type Theory 1877 Rid1drd Dugdale The Jukes; A Study in Crillle, Pauperislll, Disease and Heredity 1912 Henry Goddard The [(alli/calc Falllily: A Study ill the Heredity ofFeeblclIlllzdedlless 1893 Charles Henderson Introduction to the Study qj" OepeHdellt, Defective, alld DeliJlljllellt Clllssl::s 1931 Ernest Hooten Crime mid the Mall ] 939 Ernest Hooten The Ii lIlaiCllIl Criminal; An A IItlrropulosical Study 1949 William Sheldull el al. Varieties of Delinquellt You/II One challenge to these theories came from the Freudian-influenced t-Jl:iychoanalysis popular in the early lwentieth century. rnr thinkers such as Augusta Brormer, Ule root of crime lay in the failure of fdlI1ily socialization in a dlild's early years, resulting in a defective persollality. Thus the antil:iocial delinquent act of vandalism might be explained by inadequate parenting leading to a fallure to develop affective ties with others and therefore a lack of respect for their property. Founpers of Psychoanalytical Theory 1926 \Nilliam Healy and Augusta Bronner DelinquL'lIts II/Ill Criminals: Their f."lakillg IlIIff Llll11111kiHg
8
What Is Criminology?
ESSC/ltilll Crilllil1()lo~"'Y
Founders of Psychoanalytical Theory (colltillucd)
9
'f they had to do so by illegitimate means, The neighborhood dnlg buying a luxury SUV with drug profits is simply using illegitimate 'ceptable means to achieve the same ends as those sought by the UI1JL corporate executive and her BIvIW. I
1935 August Aichhorn Wayward Youth 1936 William Healy and Augusta Broilller New Light Oil Delinquency lInd Its Treatment 1947 Kat~ Friedlander The Psyclwanalytic Approach tu Juvenile
Founders of Sociological Structural Theory
Dell11quency
Oth~r chal~enges to early biologically based theories came from the ecologically mfluenced sociological approach, which viewed crimes caused. more by location than by person. Thus the cultural ecologists e ChlCago school, sud1 as Clifford Shaw and Henry McKay, argued that bIOlogy could, not aCCount for why certain geographical areas of a city showed consIstent. p,atte,fns of crime, even when their populations c~al1:ged. Someone !lvmg In a ?j}apidated inner city, surrounded by prost~t_ut1On, drug deal~n~, and VIce, according to this theory, will be more hk~ly to become ~nmmal than someone living in a respectable suburban neIghborhood. WIth well-kept houses, tree-lined avenues, and wellfunded recreabonal facilities.
tt:
Founders of Chicago School Ecological Theory 1925 Robert Park, Ernest Burgess, and Roderick McKenzie The City
1893 Emile Durkheim The Division of Labor in Society 1897 Emile Durkheim Suicide: A Study in Sociology 1938 Robert Merton "Social Structure and Anomie" Ame1ica1l
Sociological Revie7.u 1957 Robert Merton Socinl Theon) a1ld Social Structure
Edv\'in SuUlerland ([1939] 1947), in contrast, took a more social-psychological ViEW of crime causation. He was interested in how people learn to
commit crime. His theory, called differential association, developed later with Donald Cressey (Sutherland imd Cressey 1966), argued that criminal behavior, like any other behavior, is leanled, It is learned in gangs from peers who are excessively invested in defining crime as acceptable behavior. Crime is thus a result of a differential association with criminal learning patterns. Youths continuously associating with peers who abuse OxyContin might learn the techniques, suppliers, and meaning of getting high, as well as how to rationalize this behavior as enjoyable, acceplable, find even nanni'll.
1942 Clifford Shaw and Henry McKay Juvenile Delinquellcy
a11.d Urba!l Areas: A Study of Delinquents ill Relation to Differenttal Characteristics afLocal COln/Ill/llities
B~ the 1940~ and 19~Os, from these foundations, a variety of other sociologI~al th.eones. of cnminal behavior emerged. For example, structural functIonalIst SOCIOlogy was based on the anomie theory of nineteenthcentury French sociologist Emile Durldleim. In a capitalist industrial society, fou~~ed on self-interested competition, the moral authority of cO~lm~~ll1eswould be undermined. Among people encouraged to aspire as mdrvlduals and to value self-interest over a concern for others, the resU.ltant state of narmlessness, or anomie, would lead tu increased levels of crlI~e and deviance. Robert. Merton's 1938 adaptation of this idea for the Umted States in his version of anomie theory (which he called strain the~ry) placed the. cause of crime. ~n the failure of capitalist sociely's educatlOn and vocatlO~al.opportu1ll11esto proVide an adequate means for all tho~e whose aSpIratIOns had been raised by advertising a.nd the media to ac.lueve the monetary Success of uthe American Dream." For Merton cnme was an attempt by some of Ule disadvantaged lo go for that dream;
Founders of Social Psychological Differential Association Theory 1939 Edwin Sutherland Pri7lciples of Criminology 1949 Edwin Sutherland White Collar Crllne 1964 Donald Cressey Delinquency, Crime, aHd DIfferential
Association 1966 Edwin Sutherland and Donald Cressey Principles of
Criminology Another sociological contribution that emphasized learning was TlJorsten Sellin's (1938) culture conflict theory and the idea, later applied by Walter Miller (1958), that some people lealTI a different culture or a different set of core values that ultimately clash with those of the mainstream culture. Whether it is the justification of vengeance for TIlining a daughter's virginity I~elcl by Sicilian immigrants or the prestige of sheet fighting among working-class Pittsburgh adolescents, the point is that what is confonnity to one culture's norms can be lawbrei'lldng to the wider society.
10
EssP/llial Crill/ilf%,'?y
For other sociulogists, cultural cOlllexls did not just stem from cJass, race, or national differences but were multiple and even formed in reacUoIl to asperts of the dominant culture. The 19505 subcultural theo_ ries of delinquency included Albert Cohen's (1955) theory of status frus_ tration and Richard Cloward and Lloyd Ohlin's (1960) differential opportunity theory, according to which a person's place in a specific subculture, ethnic group, or economic class influences the options available and the choices made, Thus delinquents may form criminal or violent gangs precisely because their values have been rejected by the middle-doss educ
jzrocnile Delinqlleney ] 960 Richard Cloward and Lloyd Ohlin Delinquency and
Opportunity The sociological contribution showed 111M crime was shaped by context especially the context provided by sncincnlturi11, structural, and organizahonaJ forces. Context means thi'll: the particular era in which one Jives, the frames of reference one employs, and one's world view all serve to selechvely shape how one sees and interprets events such as Clime. The predominance of structural and cultural explanations in U.s. criminology began to be challenged in the 1960s by social-psychological influences. These emphasized that humans were not just passively molded by external forces but were actively jnvolved in shaping their worlds and their own identities. From its roots in Gabriel Tarde's ([1890] 1903) imitation theory, soci,d learning WaS established by Albert Bandura (1969, 1973) and Ronald Akers ([1977J 1985) as
1890 1971 1973 ] 977
What Is Criminology?
11
I superseded both the criminal personality theory of Hans a so(l1964] 1977), who asserted that some peop Iewere predisposed . It,enck .. E)'5 . dersodalized because they were extroverted personalItIes, t belllg un l I d 5t .' I thinking patterns theory of Samuel Yoc 1e s.on an. ·an.0 dthecnmma . d tl" k ~ an w (1976 1977) accord.ing to wluch people learne to un an ton Sameno f tl· k· I d d . . 11 and then became locl~ed into that way o' 1m -mg. n ee , tlSOCdl
' .
1962 Gordon Trasler The Explrlllatioll of Criminality 1964 Hans Eysenck Crime and Personality .,. . 1976 Samuel Yochelson and Stanton Samenow The LnllIL1wI
Personalil"y
-
The rejection of "faulty mind" Uleories as ~ m~jor explan~tion for criIne - f ther encouraged by U1.e 1960s neutralIzatIOn and SOCIal control thew<~s. David Matza I Gresham Sykes (1961), and Travis Hirschi ones ur 0f I (1969). Neutralization is tl1e idea that although people may learn to ?e 1ave cont · ally under certain circumstances they also learn. 01at unmoral bevenl0nL, d h<1vior is sometimes acceptable. In olh~r w,~rds, vanous e~cuses an justifications send them on a "moral holIday. where they dnft between convention and crime, free from moral constramt. For example, emplo~ees in the workplace who justify their theft of company property and tane with plu'ases like "Everybody does il" or ':No one got hurt" or "Even. the Illi:llli.lger does it" are more lil(ely to see theIr acts as perks 01an as steahng. Founders of Social Control and Neulralization Theory 1940 1952 1953 1958 1964 1969
Walter Reckless Criminal BeJUlvior . . Fritz Redl and David Wineman COil troIs from WIt/IHI Donald Cressey Other People's lvIulley. . . F. Ivan Nye Family RelatiOllslIips alUi DeltllqllCllt Bdwvwr David Matza Delinquency and Drift Travis Hirsdli Causes of Delinquency
-"._--.
GClbriel Tarde Gabriel Tl1rde's Laws nf lmifl1tinll B. F. Skinner Beyond Freedollll1lld Dignity Albert Banduva Aggressiol/: 11 Socil11 Lel1ming Analy.qis Ronald Akers Deviant BelllJ71ior: A SOc/III l..eaming Ilppl"OaclI
Travis Hirschi's (1969) control theory dealt with the failu~'e of so~ne people 1:0 form bonds to conventional society and val~es 1I1 the fIrs~ place. Putisimply, people who do not relate to a con~ent~on~l parent or SL'llOOI system cannot identify with that person ur msh~utlOn, do ~ot 51 Il~nd time doing conventional activit~es, and do no~ beheve the eX.lstillg sudety is worth much, are unlIkely to refram from breakmg
l2
What 1s ('rilllillology?
EbSCllli1l1 (.'rilliil/ufogV
society'· . '['1 liS .. uleory agalll ' ' pLlyed up the irnpurtance of adequat __ ::; r 1 IJes.. parental 5?cialization if delinquency was 10 be avoided. Hcnvever ,~ l:nded to Ignore the role of peers; corrupt ~ch()ol and 'INorkplace pr~~_ ~lCes; and the structural prublems of sIH.:iety manifest in poor housing llladequate enlpluyn1l::nt pussibilltivs, alld bidS in the justice system, " By Ille J lJ70s, U.s. criminulogy was illldressing some of tl~ese issues !/:rDugh another social-psychological lheury, called labeling, or new detl,. eU:Js ' ' I-S c" d1l1.ll'l " u'1at mmor , cnme , was actually VIancy theory . ~. Ldb<.>iiJlg ~...... mad,e. w~lse by cnmmal JustIce age11L'leS' attempts to control it. This intenslflcat:on.r~sulted frorn the dramatic negative effeL'llhe system could have on IndIvIdual seH-identities. The new deviancy theory of Hmvard Becker ([196311973), Edwin Schur (1965), and Erving Coffman (1961) ;~o~v~d ~10~ crim,inal an~l, dev.ianl. \d~'l::ers Wl're shaped progressively ) eI tIme th10ugh wteraclwn wllli ~lhnJ1JCanl uthers in meaningful social contexts. Adolescents who were CUll.'-.tdtltly brought before the courts and told th:y were delinquents for engaging in Jiqll~r law violations, minor ~~nc~aiIsm, and petty shoplifting eventually becclme professional career cnm111als b:cause the label "delinLJuent" restricted their abilities to mature out 01 the aSSOCI'at'ec1 b,l, ' 1 e laVlOrs, anc1 I"' 11lliled Slllst.'quent career uptIOns. ~
•
L
C
Founders of Social Psychologicallnteractionist and Labeling Theory
1934 George Herbert Mead Ivlilld, Selj; alld SOl~iet11 1938 Frank Tacmenbaulll Crime WId tIle COl/lIIlWJtlj 1951 Ed\~in Lernert Social PlltllOlogy -
1961 ErvIng Guffmilci Asrt/ulllS ]963 Ervi _ .. _ .Ilg '~ff' \J() man ::J!zSlIla: NolI'S
1111
iIll' A'II1/1age/lJl'lIl of
:::'p01led Idel/lity
1965 Leslie Wilkins Sucial Dt"uill//4.'I!; Sudtll Policy, ACtillll, I/I/d Resetlrc!1
1963 Hm:,ard Becker Outsidcr:;: ::Jtlldict;i ill tile Socivlo'Sll of Dt'vul1lce
Co -
•
In the. earll' ct ' Id:,IC<1 "~" I,aIIl ' " ' , ," - 19705 _ .' , CI'IIII _ J. crrt:Ica 1 crII1lll1ologyreflc':.ted Intl1e wurts of WIIlIall1 Ch,HJlblis~ (llJ75), Richard Quinney (J9./4~, and Ian "1~lylor, Paul WallUll, dildluck Young (]973 1975)--wa-s ,b,UIldll1g Ol~ the early Marxist idt:::'(ls uf Wi]]em BangeI' ([1905] 1916), lhese theonsts sU'JOested II, ' nul just ' , W 1) . _. _ _ . ?O 1d t I' IWdS t w agents of government _ l~ l_ cau::.ed a~ldlyonalllnnecessary crime, but that the \'\'hole capitalisl ~v~tem Was cnml1l0gen', I', I' .. '_ .. _ _ Ie 01 va lllJ1g cOmpelll:Jon over cooperation and pulanzmg the rich and the poor. This "new criminology" <:ltgued that
,O\\,er ru 1 .-'"Lxi"l . ,. classes , , -and , ' even tht'. caF'italist . , stale, . were committing 'I worse crimes through cnrlJorate pollullon, faulty product HIOfl' fUll . . . ~ octure bflberY frilud ancl corruptlOn. At the smne tune, the state nl illlLl f " , -' '. . " , . 11ll1ishin p the less powerful for expressmg theIr reSIstance to the \\ ,15 ]r-. . , _I " I. , " -. "1'1' I'esislallce often mandesl through property anl VIll eIlt ClIme,o.; s\S eJ, ,. -
1
a:~,lin5t sociely.
Founders of Sociological Conflict and Radical Theory 1868 Karl Marx [JIIS Kopilnl 1908 Georg Simmel The Sociology oJC01~jlict and 'J'l1l' W/-'IJ oj C;roIlP Affiliations 1916 Willem Bonger Criminality and Economic Cell/eli/iolls 1958 George VoId Theoretical Criminology (2d ed., 1979) 19"\9 Ralf Dahrendorf Class and Class Conflict 111 an Indlls/rinl Sadri:; 1969 Auslin 'rurk C.'rimitwlily mnl the Legal Order 1973 Ian Taylor, P, WilttOIl, ,mel Jock Young The Nf'1(! erin/illology 1974 Rich'lrd Quinney ( 'ril iqllL' (~r Legal Ofdpr: Crimi' Control in Capitalist Sorit'fy lCJ75 loll Taylor, E Walton, and Jock \((lung Crflind CrilllirlOlogy By the 1LJ80s and earlY' 19905, it had beCOlne dear to many, and not [easl Carl Klockflrs Cl9SU), tl;at nol only was the merit in these ideas limiled~ f'~pel'i
14
Essen/inl Criminology
\vay to tran~cend our self-destructive cycle of crime and violence (Pe iIsky and QUlnney 1991), P 1 Indeed, b~ the mid- and late 1990s several of these new perspective ,,:,ere emergmg from the fragmentation and forming new fol1owin ,s 1.he ~~str:lOderni~,t criminological perspective, described as flconstit~~ fIve clIffi.mo?ogy, ernbr.aced phenomenological sociology and soci",1 con~truchoms.m an~ cuttmg-edge ideas from chaos theory and Lacanian psychoanalysIs. Th,lS the~ry argued that a critical synthesis of knoWl_ e~ge wa~ needed, sl1l~e cnme and its control were part of a continuum ",:lth SOcIety and ]f thIS was lost Sight DC acts of crime would be intensi_ fIe~ through an endless discourse of crime talk that dominates public pohcy. and . popular culture (Henry and Milovanovic 1996, 1999') . Otllers were lIlsplred to call for an integrated critical theory of crime that would le.''ld to comprehensive policy r
Ca:~l Smart Women, Crime, and Criminology: A Feminist C71tlque . I--Ia~old Pepinsky Crime (Ind
SOCIfty
C"fll1j7icf: A Study afLaw and
1977 Ivlichel Foucault Disciplinc and Plmish: The Birth of the Prison
1980 Larry Tifft ~nd Dennis SulHvan The Struggle to Bf' Human: Cnme and Anarchism 1985 Ray Ivlichalowski Ordel~ LmD and Crime 1996 Stuart Henry and Dragan Milovanovic C"onstitutive Cn'minology 1997 Dragan Milovanovic Pos/modem Criminology 1998 Gregg Barak Integmlillg Criminologies Our purpose in this introduction is not to account for each of the recent
tl~eo~'etlca~ d~velopments,~ince we do that in subsequent chapters. Rather, V\
e slmpl) Wish to
e~l~haslze through
Our overview of criminology's vast
bod~ ~f theory th~t ~t 1.S r~oted in and influenced by different disciplines ~n.cl15 a ~.rll~y ~ultIdlsclph~ary ente.tprise. This is not to suggest that- crim-
m~lo.gy IS hmJted to theones of criminals and what causes their criminal actJvlly. So hlI~ \ve have said l.ittle about the victims of crimes, a closely reJated area. Some recent theones, such as radical realism, have made victimnlogy cenlTi1l to their npproach. Before we turn our focus to the nahlre of
Whnl1,o: ('ril1li7101ogy?
(Charber 2), lei us complele aUf survey by lnoking I'll whClt mighl he tIlE' llnderlll?lIy nf criminnlngy: victimolngy.
Viclimology
annen 2001, 9). This intprrelationship ms, OfY. nor the development of forma! socinJ control mechanisms, society relied on individualized informal justice. IlldividllClls, fanlilies, ['mel drillS sought justice for harms caused by others. Endless fending and persislent physical confrontation led to what has been called the "golden age" (KalTllcn 2(01), when restitution became the focus of crime control (see Chapter 3). With the advent of the sadrll contract, individuals gave up Ihe right to retaliation and crimes became crilllPs ;"jgaillst the slate not the individunl. The classicist social contract, simply put, says thi'lt individuals must give up some personal liberties in exchange for il greater SOc1ill gnod. Thus individuills forfeited the right to individuCilizerl justice, revenge, and vigilantism. This creed is still practk('d todilY. For lhi'lt reClsnn, 0 ..1. Simpson's criminal trial was the strite of Californii'l Vet"SllS O.}. Simpson, not Goldman and Brown-Simpson versus 0.1. Simpson, which \','<'IS the rf'i'llm of the civil trial. Advanced societies relying on systems of Justice hflsed nil the social contr
[S,""lIlilll (-'rimil/flingy
man rights (Schwendillgpr rmel Schwenci inger 1 ~)70; Cohen 1993; Ti fff and Sulliven 201)]), Ihis is more consislenl wil" Ihe brond view of victimo]ogy. Only since the early 1970s has victimization been included in main~~ strenill criminology. This fnllllwhi Schilfer's (1968, 1977) study and the flurry of victimizntinn studies culmillilting in the U.S. Department of Jus~ !ice annllill national crimt', victillljzatiOIl survey, begun in 1972. AJready, there ilre numerous texts on the fjeld (see Doerner and Lab 199B; Elias [986; Walklate 1989; Kannen 2lJOI), We discuss some of lhe main findings oj this research in C'!tapter 2. Victimology has also been criticized for the missionary zeal of its reform policy (Fallah'] 992; Weed 1995) as J,.vl?ll as its focus on victims of in~ clividliaI crimes rather than socially h,mllfllI crimes, although there are rilre exceptions to this ill French viclinlOlngy (Joutsen 1994). The more recent comprehensive approach I:onsidl."rs lhe viclim in the total societal COil text of crime ill the life dOltlnins of Jamily, work, and leisure as these are shaped by HIP nwdia, laW!rl,lkl'rs,
Kennerly I 9911).
Summary In this dlapter, we SnW th
17 '- . a 1t~r by defining crilldll(llogy dnJ pL:ldng. iI.in a ~l~~beganI thIs ell f 1-' ,.' 'no1ogy lllov~d from phllusu p h1L. <11 ~ -t We saw lUW ClIml - , d It.d' __,' cont:X . ,-.. j I ' F' theor)! dnven an' mu l 1:;L!to scientIhc ngor aIlL leLan e '.. _ I".' , 'D"C'''~· . . lroduced the basic ideas of criminolugy s dIfferent hle~)rflles, . I causes __ t0 t11e externa -We 1tl1 t· logical and psvchologlGl ' , _ ' Ill- uinterna .. .11" cl1ltun.:.~ and sudety. Cnmmology '1 110 peer group, curnmlJn d at fanH Y'd 'IJ continue to t:'xpa;ld and provide improved metho s W I fur l t evu"'c- danmore explanatory theories llnc er~ an di,119, crime . . _. The I, t an . . . l IJe toward d tllort:' inclUSIve cnmmu1ugy lla r rection seems 0 _ 1 'I t d 1 ( 1, " ~ de )riva tion and hanll '·,regardless 01 egIs a e . a\~. consluc.,o cJI:I~,:~te/ we turn to the first building block of the crn~111oIn the nex, '. and examine how crime is defined. We look ,at, lOW varies depending nn who defines it, where IllS de: u co d I en We see how the definition is shaped by our . an w we are victimized or victimizer); our socral stan mg pene.'nces (wIstan e d to b ene f·t lo'e from crime); and many other I tl er we 1 or S f l .factOls, _"_ (w It' . way 0 ta elllg ae1 I 1 the medIa farm.1 v, an d f.·, IH~nlj s._ vVe introduce a __. I ' .. suel aSf of crime through a grap lle 1count 0 mos t 0 f tIle ess~ntial compon~nts .. lustratinn that We call the prism of lTltllt'. j,.
el~~l~;l~:ime ~ tl~er
,.
,
pelsona~ex
What Is Crilllt:?
2 -~-- ~----
----
-~----
Is the obvious so~utio.n ~o the que.stion .of. what is ,a crin~e to .find Ol~t wha t the law says IS CrImInal? Agam, thIS. 15 more compltcated than It to _ the law" as a s01utlOn leaves open many unanseems an d "o-oing 0 . . . . . 5wered questions. In tact: smce we hrst wr~te. thIS c.l~a~.ter. thele"hav~ en significant changes 111 the way both cnmmologl~t~ and the law be look at what counts as crIme. _ .' .' In the United States we asked scholars who had been debatmg dl~ferent . abOtlt the issue to consider what they_ thought were the essentIal elevIeWs ts that makes a behavior or action "criminal," how crime should be demm . 'fl· enforcement practIce. 115 reSll I te d·In · d and how it was defined in law f1ne, . . d. ublished edited volume entitled Vvhat Is CrIme? (Henry an Lamer In 2002, the highly respected Law Commissi.oll that serv~s the Canadian Parliament, launched a project WIth a slllular tItle, "What Is a Crime?" The commission hosted a series of meetings and c~n ft'rences in Ottawa and Vancouver to reconsider the various issues of r.lefming crime (Canadian Law Commission 2(03),. as well as spor~.sl~r.111.g a nationwide student essay competition on tile tOpIC. Clearly tile dehllltion of crime is becoming a hotly debated topic at all levels of society. II'
What Is Crinle? Defining and Measuring the Crime Problem
19
"
;O~1).
III Ute prelude III the :2{)03 ClJlf War gtlS prices sUi-Ired to three dollars a gatlull, although uil supplies were lIot disrupted. Was this a crime? Were the oil cUJnpanies simply responding Lo anticipated shortages and increased de1l1a~1d? "That's criminal!" people often say when they feel they have been un~u.~tly h~nned. Others say, "That wasll't crime; it was just a response to drffJcult Clfcul1lslances." Most peuple have a sense of what is criminal, but deciding precbe1y what is----or is not~-criminal is not as obvio~s as it 11li:l)~ SL'e~ll .. What for one person is deviance may for another be a emne. Whalls LTlfllulaI to one person may be sharp business practice to another, such as when a corporate executive sells stock based on insider i~lformali(ln. What is morally reprehensible to one group may be a lIfestyle pre~erence to another. For example, prostitution is condemned by the moral fIght yet celebrated by organizations for prostitutes such as COYOTE (Cast Off Your Old Tired Ethics). Like deviance, crime is a concept with elusive, varied, and diverse meanings. As we argue elsewhere Henry. and Lanier 2UU I), if the definitiun of ... t i nored.
10ll
))b
But evell where hanII looks obvious, is such an act a crime? For example, in ll~e dflcTTllatb of tbe 9/11 aUacks the anntlal crime figures r~purted to till: f-BI tur New York City excluded the 3,000 victims who dIed. These were vidiIllS uf a terrorist aUack so why was this not seen as il crirne by the FBI, dnd sltould ithave been? -
uf.Cana~a,.a b~dy
,. inabh The written law mig 1
. I
e
iZ','''"cg····i·~ interpretation. In this chapter, we look at the various definitions
of crime, ranging from the legal definitions to those that take account of crime's changing meaning as social harm. . The definitions of crime arrived at by law, govenunent agencll:'s, and criminologists are used by others to measure the extent of what they have defined. Put simply, if this is the problem then bow big is it? How much . of it exists? Is there more of it in one part of the country than another, in the city rather than the country? Do different societies have different rates of this thing we have defined as crime? It is necessary to measure and define crime because several policy decisiuns concerning social control are based on a particular definition of crime: the selection of priorities in policing and what to police, budget allocations for measures such as crime prevention programs, how to "handle" offenders, ':lI:d wl"'.at a "crime-free" neighborhood actually looks like. For example, IS a cnmefree neighborhood one in vvhich there are low rates of crimes known to the police, or one with a low incidence of serious harm? What .is. the real level of crime when the incidence of serious crime, such as homICIde, burglary, rape, and aggravated assault, is low but the level 01 crimes that disturb the plJblic, SUdl as prostitution, vandalism, publi~ clrunl~enne~s, and panhandling, is high? Should the public or COl1ll1lU11.lty defrne cnme or should this be a matter for legislators or the police?
20
Esse/llial CrilllillOlogy
What Is Crime?
21
t
f Not o~lly ave criminologists and others been arguing about ddin't' or ~1UC 1 0 "the past century but, as one commentator observed 1 lO] tury 5 ~n.dl an appropriate definition of crime, ... remains one a~ Ce f ;:;;;t9~~,~:)I. unresolved issues in criminal justice today" (Bohm and th
eli::
,'';,Co'''' ;CklflO"wl,edged the cultural and historical variability of crune in so-
~~n~l~de this chapter with, a description
of the main measures . e y government agencIes and criminologists. We also des"" the ;aJor patte~s of crime and discuss their historical trends. How~tlb
we 0, not proVIde current crime statistics, as this is more accura Ver} expedlently accessed through the Intern t W . · . lelyand recent official c . d e . e suggest gettmg the most on htl 'II nmlbe ala from the Sourcebook of Crimil1al Justice Statistic p. www.a any.edu/sourcebook. ,5,
Legal Definition
;~It~ce th~ .~~h~eenth century, the legal definition of crime has referred
lu e , prosecuted, and punished by criminal law (Henr a d a~Iert ~?O~, ~). Ivfost c~mmentators agree with Michael and Adler Y(19~~ u1a cnmma l law gIves b h ' . . , " e aVlOr Its qualIty of criminality" In oth ward 5, cnmmallaw 5 .. , . . .' er 'I "'''''''''-''(''''/'(':1'';'' -aets or omlSSlOns thal constitute crime. a ,,9D:,S;c '" . , . d 'me as L
5)
. pr~ 11
(""iP'!~~st:~f;;~~: ".,",..WG'lY::::~;!i~~~~~ ".:;~r'~;;: run""., lotteries to increase thei;lfe~enue.
1
;"Etlld stifiCi;l,tio 'ti if the 5 ''''''-'.'''",''"':.'',, \w~£!;f"'"'by . .-"",,-Tappan belreved that the stud of ~nmrnal~ sl:ould ~e restricted to those convicted by the courts. In mhoshi dClll~rnol~gIsts have traditionally relied on the legal conception' w Ie e rnes CrIme as beh . . . I ' , " , · . aVlOr m VIO atron of criminal law and II" able f"or sanc tionrng by th " I" " , . e cnnu.na JustIce system" (Kramer 198? 34) A I cnmmologr'sts t d ' -, ,. ne most "t" U (8 I 0 ay act as II the debate is settled in favor of a 'legal' del," m IOn " a lIll 1993,3)" Other criminolo ist lim' ed i
let
U
of profit Suthe l d ' Both injure 1uman ife in the interest crI·m I "t I r an argued for extending the existing legal definition of e a a ce account of all offenses II,lat are SOCially "" " Injurious or sodaU), ha rm Iu I an d 1,1ulat "11 r II If' wl't 11 E'-CU 9: 0 ender.s deserve the label "habitual
norms but said this is why precision makes the law the only cerOthers have claimed that the law offers only a false certainty, the law defines as crime "is somewhat arbitrary, and represents a .C'Nciii!,IV selective process" (Barak 1998, 21). Indeed, Barak notes with to crime, "There are no purely objective definitions; all definitions value laden and biased to some degree" (1998,21). COllsider, for example, the criminalization of substance abuse. During p",hi,bi,tion, the production and distribution of alcoholic beverages in the Stales "vas illegal. Today, the same acts are generally legal, alsome counties still prohibJ! the sale of alcohol and some states its sale more than others~§If!?;_!:lQ1QIDalVirginia, smoking tobacco Wi15 encouwged for medicinal purposes. In much of the twentieth cenhl1~y, smoking was celebrated as an aid to relaxation an~ social enjoyBwnt. It is now illegal to smoke in many public plac,~§'tf;In the 19205, cocaine was promoted as a pick-me-up and was even included in the original formula for Coca-Cola. Today, such activity would result in a IOIlg prison sentence for drug dealing. Clearly, what counts as a crime at one time or in one culture may not be considered criminal at another time or in another culture. Nettler (1984, 1) summed up the relativity problems with a strict legal definition: "Because there are so many possible wrongs and because 'crime' denotes only a select sample of all disapproved acts, the definition of crime varies from time to time and from place to place and there is continuing controversy about what should or should not be called 'crime.''' In addition, relying on a legal definition of crime presents other problems related to who defines the kinds of behavior labeled crime. Crimes are not produced by legislation alone. Judicial interpretrltion also detennines what is or is not crime. Judicial decisions can also be appealed, overturned, and revised. Consider, for example, Roe v. Wnde, the 1973 Supreme COllrt case that legalized abortion during the first three months of pregnancy (Fiero 1996, 684), and the more recent limitations that recriminalize certain aspects of abortion. Even where legislators make law, a significant problem is whose views Uley represent. Some criticed criminologists argue that criminal actions by corporations often go l1IlTecognized because those who hold economic power in society are, in effect, tho~e \-\'ho make the law. Legislators are influenced through lobby~ ists and don,diolls from political
77
Esse/Ilia! Criminology
What Is Crillle?
1982). Their influPllce minimizes the criminalization of corporate behavior. This was at the heart of Sutherland's (1949a) original concern (discussed previol1sly) to incorporate crimes defined by administrative regLIlaLions inlo the criminological realm. In short, relying on a strkt leg(')} definition for crime may be an appropJiate study for police cadets bul is sorely inadequnle for students of criminology or the thinking criminal justice profeSSional. The contextual aspects of crime and crime control require serious reflective study. A more comprehensive approach 10 the range of definitions is to divide them into OIle of two types depending On whether lhpy reflect consensus or conflict in society.
Conii!~!1~,M",and Conflict Approaches
COI1SCIISIIS
Consensus thporists try to gf't around the problem of variations in the law by linking tile definition of crimf' to socirll morrlEty. They draw on the ideas of Uw nineteenth-century French sociologist Emile Durkheim ([lR93J 1984), who believed that in the kind of jntegrated community that preceded industrialization, people were helel together by common religious beliefs, traditions, and simHar worldvievvs. These similarities acted as a "social glue" that hondt;;' 0 · . in a shnred morality. Thus the consensus py:~~ion states tha
OSI
·1'bn
claim there is a "consensus," or agreement, between most people of all economic, social, i'lnd political positions ilbout what behaviors are unacceplilble and what should be labeled criminal. Echoing Durkheim, some recenf (,oflUllentators, such as Roshier (1989, 76), define crime "as only irJenliflahle by the discouraging response it evokes." Even Ihis definition has problems, however. Whlll at first appears nS an ohviollS eXillllplp of Ilniversfllly agreed-nfl crime---·tlw Illfllicious inlpll-
23
1 t'lking of human life~l1lay appear different when we take account 0 • • , • • f the sodal context. Closer lllspectlOn reveals that klllmg oU1ers IS not (1 'versally condemned. Whether it is condemned depends on the social [llll . , , I . context and the defimtion .of human. It'f'e. For examp Ie,. k'll' 'I mg :uma~~ IS regrettable yet acceptable i l l war. It IS even honored. Hun:ans IdentifIed _"the enemy" (as i.n the Persian Gulf War, or Desert ShIeld) are rede~i~led as "collateral" and their death is described as "collateral damage." Governments that employ massive violent force to overthrow other governments that they define as "oppressive" consider themselves "liberators." As this was being written, American forces and a lo~se confederalion of coalition forces liberated Iraq from Saddam Hussem. The deaths of civilians are not described as murder. Instead they are described as "regrettable" but "legitimate targets." Soldiers have followed "illegal" orders, taken lives, and avoided punislunent and the stigma associated with ctime, Also, pro-life advocates in the abortion debate define life as beginning with conception. They believe abortion of a fetus is murder. Pro-choice advocates, by contrast, do not believe life begins unti.l birth, so abortion of a fetus is seen as an expression of women's right to choose; no more, no less. Another major problem with the consensus view is the question of whose morality is important in defining the common morality, If hann affects a minority, will the majority be outraged? Is the conduct any less harmful if people are not outraged? Examples abound. Sexual harassment in the workplace, which was not previously defined as crime, was no less harmful to tilose forced to engage in sexual relations or subjected 10 sexual pressure under the tiueat of losing their job. Because men were the predominant employers and managers, women's needs \·vere not addressed and their complaints were not heard. Sexual harassment and rape cases in the military provide a vivid illustration of this problem. Clearly, uncierstanding the social context is the first step toward defining crime. Consider sexual behavior as an example. Sexual inter(ourse with a minor, or statutory rape, is in tile United States universally agreed to be a crime~lmtil we consider tile social context. On closer inspection, legally defined rape is not universally condemned. For example, sexually active boys and girls under the age of legal consent often do not consider tilemselves raped. In previous historical eras, adolescents of tile same age were often married and shared the rights of adults. In ti1is same historical era, husbands could not "rape" their spouses, though tilev could force ti1emselves on unwilling wives. Under old German law an ~ct of sexual intercourse with a woman would be considered"as rape only if it was cOlttmitted against a respectable woman, but not a 'vagrant woman'" (Hinckeldey 1981, 107). Whether the physical act is condemned depends on the social and historical context and on U1e definition of rape. •
tjOHn
24
for exampJe , if parents g:rive pelllll~~l()n ..... ' to marry, two sexlnllj' ,1 'f leens are no lonuer cOIllm'lf' ". "I ~'L IVe ' . _ '? 1 lllg J"dpe, l wugh lht'ir physical actions C . IerCQUI se) and CltUl1l1stances ( , ) . 1 " In_ . II I I '. age are tle same. Rape Jaws have histo . La .V lac a gender bIas II \ " . ' " ,. as we . toung girls havl' lraditionall' b" rItrealed much more harshly "bv lJ13n . oHe . young IlOYS (Edward .,) een . I . - the Irnv" ~ 1990) . TIle SOCIa reactIOn to se - I·ele I·· -' . - xua lVIty an d prcl\·vess- cuntinues to . s le11 eel gender bIas. Furthermore , whether a n ISSue .b ecomes publicly acknowleclved a ".,tTt . . ' r:J ,S Ilaml d epencsonagr'lLl I . ('1.11 ·19"9 l. P S d lIlY 10 turn prIval:e concerns into fl11blic issues 1\' I ' 5 . .") and -. I entrepreneurship . (Becker [19C'j . . . lIs skilJ"sa.I' JIll.lIa 1973 ). TI l1S IS the abIlIty to whip .. I . ' )J ff t . ," up mOld cunsensus around an issue that t a ~c ~ some H1d~vl~luals or a minorily and tll recruit su J 10rl from U by them it is in their interest 10 the issue '-..-rea mg a pu 1hc ha1111 utten I· I . I' .'. . . siv lpJ T ' . ' . , ~vo ves lC. enlllylllg and signitying offend- e e la\ 101 and Ulen attempjJ11g to inJIuence legislators 1:0 ba~ il: offi~ L
;~laJolr.It)~
cOln~'lJ1cl11g
suppo~·r
to~t'
Conflict Approaches Conflict is bas'el I un - t1 le .J( Iea Ulat people, instead uf being similar d'ff theory . ,.. ,~re. 11 :rent danel struggle over th.eir differences, Accordillu 10 thi's view' SOCle V IS rna e up of grou t1 t . 1")", - . -1-1 ps la compete \-\lilh one anutJwr over scarce resources. lese resOL . ~ I I I I c . '" .,' '.lces cou c le Iroadly or narrowly defined. 'The . ~ol[Jfhctl °1_:e.1 .dlflerent lllterests procluces differing definitions of crime L.leSe l e ImtlOlls are 'I t ' " -I b y lhe group in 'pc)\ver and are ., lIsed to, . . . ~ l (' enmnel \~~lythller lt~ ~nl,L'eds ~nd .OJ./lS?Jidate its pnw~'r. Pm.verless groups are :ener,le VIc .IlllS Llt opl'ln'SSlVe hw· F _ . . . sentences [Ol-,IS0 ., .. k . . '.' s, OJ examp Ie, pnson Ill G Oclt:' CllC)lllf' II t '. ' . " t:> '". le, urlll u1 Ihe drug genercdlv used bv AfriGlIl A " c d menCdllS, " . are: len ,10 fillee . II years' Iullger t Ildn sentences luI' nsing power COLdlne, lavored maudy by the while middle dnd upper classes ,f
"
25
WIIlIl Is Crimf?
Esseillilil CrilllillO[oSY
(DeKl'seredy and Schwal~tz 1~~9~, 61,; Tonry 1995). Orland?, Fl.orida, re'Tllliv passed a l,lW b<1llll1ng S,ltIllg lH downtown areaS. VIOlatIon of the ~ill1l~()Versiill ordimmce result:s in a fine of $500 and sixty days in jail 'I-Ia and T'v'Iflthers 20(2). An additional ordimlllce is being considered nis ~1\' the city council to limit group distribution of food to the homeless to fL~lH limes a 1'1"(11'. PresulllClhly busillPsspeople will not be subjected tn this 1<1\\', while llIany homeless will. In addition t(l wealth and power, groups in society form around culture, prestigt', slatns, morl'llity, ethics, rdigion, ethnidty, gender, race, ideology, h1.1l11,ln rights, the right 10 OWIl guns, and so on. Each group may ii<1bl to dnminate olhers. J\pprnac1ws tl) defining crime that lake accounl nfthese llluJt:iple dimensions ilrc knm,yn as pluralist conflict theories. Elhnil' or cultural connict is a good example. From the perspective of culturL' conflic!, different lHlIres e I bcuItures com dl.)
in describes I\VOor1115 0 ('Ill 1 I let. 'he primary con iet occms \".'hen <1 perSOil raised ill nne culture ie; lrilllsposed into a different one. An immigrant llI a y follow lraditiollill Cl1llural norms; for example, those of the Islamic f
In Manis!
rime
fOCllS
Croups that acquire power throuph political or economic manipnlation (mel exploitation plaCE' legal constrainls 011 lhose without, power. A definition of crime based on
Whnt [.':' CrilJle?
Essential Crimil1olo::,"Y
26
uenees. The insidious injuries produced by the .1()IUls~Manville rlsl:'lf'slfls knowing exposure of millions to deadly Clsbestos d !lst, in spHp of the company's own resparch evidence showing thai asbestos has C;1r~ cinogenic effects (Calhoun and Hiller 'IW~(j), would be a good pxamp]p of producing "anrllogo!J.s social injIJry."
~ornpaI1Y's
a ..[It describes] behaviors that conflict with the 1e segments of socil?t at h",~<Jr;1;lh?lic
policy" (1970, 15-16
.politl"cal
Verty. e idea of crime as a violation of human rights has become a major critical humanist criminologists. J\s Quinney and Wildeman f
Beyond Consensus and COlif7ici Going beyon~_~~!:,l,~enslls, pluralist conflict, and critical Marxist theorlsts, othel,·,~riIl1inologTs.tS-~]:~,~_eb~~,I:~,~.,~_~:.redefine crime more broadly. One SUdl-;!1~~~g'_~;~,kV,~':~:WR~~~~,~,~,ti11,~ii!;~3fb ut inslead of seeing established grolipg'~aEr'signTficantit, sees the sitllational context and its constituent players as irnportan
199(1).
Postmodernism is a persflC'cl.ive lhat rejects claims thar any body knovvl'edge is true or call hf-' true. Inste?lcL il::: advocates believe tlmt "d
s. Other substances
produc~"'less negative
COllse-
Jlb~
28 flerha frO!
£::;,".,'//'10/ L'rimii/O/oS.!! lS
'vVlllll 1::; {'rlll!/.'?
19
the most clramillic
ley recognize lCl (omg so will render mallY contemporary legal modes of production and distribution criminal- as will many responses of our criminiil jus lice sj"stelll to crime, bi'lsed on the harms thnt they produce. They call for a "neecls-bosed" Systf'lll of .itlslice hased on the concept of equality of well-being as the ubjective. It is clear that criminDlogical ilf-lproi'!chps to crime hllve come a long Will' from the simplisti(· idea tllillcrinle is hehavior defined by law. Recent ideas suggest tba! far IllPre is involved thi-lIllaw, These iclei-ls resurrect the central rolf' of harm, the victim, and the cOlltex!. Importantly, they eVen suggest that If'lw itself C,1!l create crimc, not merC'!y by definition but by its use of power over others. Together, these c1efil1itinns express the increasingly broad range of Cl)l)n~ptinJ1s of crime thelt criminologists now share. Even though the di'i'lsic)Jl I..'etween consensus and conflict theory is helpful to gain an overall sen."!" of different definitions, it does not present an integrated approach. But thl:~re is nne altempt to define crime that, with modification, helps LIS 0_ r COIJH~ mall I of the (I" - !lIlies so f~ri,~,I;)I;tified. Tllis 0 11 a'gfi'rr[s::'(1977,
'ou l-fines and imprisonment, tu expulsion from society or . 11 1gdth penalty. Hagan argues, "The more severe the penalty p.resc~Ibed, th:I\~e more extensive the support {or this s;:ull:tion, the mClr~ senOUSl5 the ai, I I Ja['Jon of the acl" (1985 49). Clearly, the sentenclllg tu death of SOCleta eva t , ,_. _ [I -ff' d a convicted child murderer in Utah and the 5l.ate'sexel:ull~)[~() l.:e u en. e~ firing squad would rank higher un tile scale uf sUCIalIesponse than un
ViClilllS,·~P~~~~~~~!~~¥~i~ff:
timless crimes, or crimes WiUluUt U'VCHVll<" L_w/breaking that does not harm anyune utheI~ tha,l1 perhaps ~le perpetrator (Schur 1965).2 Many crimes, such as domestrc Vl(tlen~e, halm others, a~lcl crimes harm more than ulle person at a time, as IIllhe Beechnut Corsome _ percent app I," or the 10ralion's export of sugar water as _ 1110 e JU:l'e f'·b 01 abi~' es._ ~xport of infant formula thai d~l?ied Third Work! I:c~t}les necessary nutIlents, exacerbating their malnutrItwn (En1lann and Uelllents 1984).
Hagan's Pyramid of Crime From the previous discussion? it is dear thaI there is litHe ilgreernellt aUlong crimin\?lo isl.e:, abol.l! whatcullslitutes crime. One very useful conception of crinie '-u''U''-Sifi'''''ii's':fevle 'gel 'd
Very
f"l['ll\iu!
/~,
:;um"wk,{
!lilrrnful
consenSllS or agree to 1 peope accept (Jilolc! ilS being right ur wrong. Most Americans believe that hijacking
lIC
TlH(lnln: McGraw-flill t{yersull · . II c l'I"'le'I"'S·, SUU!
3.1 'L'\ 13J ,I: 2. J
.J·h~
:it:ri(llbll~SS (If CriIlI~s
__. _ - - -
._------
Planting a bomb ill a public building that exph/des, killing twenty p~nple. A man forcibly rapes a WI/Well who dies from her injuriet>. '13.2 Hubbery at gunpoint during which the victim is shot to death. 3lJ.2 A man stabs !lis wife whu dies from the injuries. 35.7 Slabbing a vicLim to deatll. 33.8 Running a narcotics ring. 27.9 A woman sldlJS her husbaml and he dies frum the injUries. 26.3 An anneJ persun hijacks a plane and demands to be flown to ilJlI/thercouotry. 25.~J A mall furcibly rapes a womall. 24.9 Intentiollally selling fire (0 a building. CdU6il1g $100,000 llf damage. 22..9 A parent bed I:, his young child with his fists and the child requires hospitalization. 21.2 Kidnapping a victim. 20.7 Selling hemin tu others for reo sale.
ILJ5
Srnugglillg Jlernin hllo HIe
I ~1.5
country. Killing a victim by reckless
[6.9
lid
15.'·'
driVing. Rubbing a victim of $J 0 at gUIIpoint, resulting in the victilJl being wounded. A man drags d WUI1liln inlu dll alley and t"'dl'S herdl/Illes hut /lees before CdllSillg further hdfm. Attempting I,) kill d victi1l1 with a gun, wldch misfires and the victilll escdjJes. A teelldge boy bedLs his Illuth er with his {isis and she requires hospiializalil)n.
Breaking into a bank atnight and st~aling $lOO,OOO. J 2.2. Paying a witness to give fills~ tesLil'llImy in a criminal trial. 12.0 IntenJionally injuring a victim resulting in hospitalization. 10.5 SIl'IUggling marijuana into the country for resale. WA Intentionally hitting a victim with a lead pipe resulting in hlJspitalization. J 0.3 Illegally selling barbiturates, sud, as sleeping pllls, to others for resale. lU.3 Uperating a store that kllOWingly sells stolen property. '::1.7 Breaking into a school and stealing equipmellt worth $1,000. 9.7 Walking into a museum and stealing a painting worth $1,000. 9.6 Breaking into a home and stealing $(000. 9.4 l~obbing d victim of $10 at gunpoint without physical harm resulting.
(colltillued)
~vi!lttiollal Crimes a
.
72.1
TABl.E 2.1
Score and Offense
15.5
~1.3 I:t5
7.~ 7.5
7_3
7.3
7.2
Threatening lu:oerlously injure a victim.
Selling llldrijudna Lu others fur resale. A teenage boy beals his father t'\'iUl his fists resulting in hos. pitafizaLion. Rubbing a victilll i'mned with a lead pipe without injuq resldting. Threatening d victim with a weapon, receiving $10 with no harm to the victim. Brt'dking into a department store and stealing 51,000 worth of merchandise. :iigning .<;nll1eone else's name Ull a check and cashing it. (nlillililles)
2.1
6.3
5.4
5.1
5.1
'1.2
3.8 3.6 3.6
3.5 2.5
2.2
from Using heroin. Getting customers for a prostitute. r~ailure to appear at court while on bail for a serious offense. Possessing heroin for personal use. A man runs his hands over the body of a female victim, Ihen runs away. Using force to rob a victitll IJj $10 but without causing injury. Snatching a handbag containing $10. Aman exposes himself in public. Carrying a gun illegdlly. Picking a victim's pocket of $100. Attempting to break into d horne but leaving when disturbed by police. Turning in a false fire alarm. Knowingly passing a bad ched,;:. Stealing property worth $100 from outside a building. Rwming illegal gambling premises. Knowingly carrying all ilhogal knife. Stealing $HJ worlll uf IllerchaJl" dise from a depa rtment store.
1.9 1.8 1.8
1.7
1.6 1.6
1.6 ].5 lA 1.3 1.1 1.1 1.1
0.9
0.8 0.7 0.6
0.3 0.2
A woman engages in prostitulion. Making an obscene phone call. A minor being drunk in public. Being a knowing customer in a place holding illegal gambling. Stealing $10 wurLh of property from outside a bllilding. Being a customer in a brothel. A male over 16 has sex llal relaLions with a willing female under age 16. 1aking barbiturates without a prescription. Intentional shoving or pushing without resulting injury. Smoking marijuana. A consensual hornl)SeXUdl dCt. Disturbing a lIeighbor with noisy behavior. Taking bets on numbers. Loitering after being told to move on by police. Teenager under 16 rUll::; away from home. Being drunk in public. Teenager under 16 breaks curfew laws. Trespassing in the backyard of a home. Being a vagrdllt. Youth under 16 plays honky from SelICl1 lL
White-Collar Cril!leS Severity Score and 0JIeIIse
1,1."1
13.9
A doctor cheats on claims to a federal health insurance plan fol' 'patient service. A legislator takes a bribe from a company to vole for iJ law favoring the company.
13.0
12.0
A factory knowingly gets rid of its waste in a way that pollutes a city water supply. A police officer lakes J bribe nut to interfere with all illegal gambling opt;!raLion. ((iiI/ill/lieS)
32
Essmlilll CriflliJllIlugy
TABLE 2.1
(L"olllilllled)
Severity Score and Offense
9.6 9.5 9.2
8.6 8.2
7.7
7.4
A government official intentionally hinders the investigation of a criminal offense. A police officer knowingly makes a false arrest. A public official takes $1,000 of public money for personal use. Several large companies illegally fix the retail prices of their products. Performing an illegal abortion. Knowing that a shipment of cooking oil is bad, a store owner decides to sell it anyway, resulting in one persoll being sick and treated by a doctor. Knowing that a shipment of cooking oil is bad, a store owner decides to sell it anyway. Illegally gelting monthly welfare checks.
33
ord to many acts that are defined as crimes, there is disagreement as to reg" . theirlvrongfulnes5, an equivocal social response. ;md uncertainty in perceptionS of their harmfulness. (HRg,m 1985, 50)
White-Collar Crimes 10.0
What 15 Crime?
6.5
An employer refuses to hi;;;qualified person because of the person's race. 6.3 An employee embezzles :Jil,UUO from Ole employer. 5.4 A real estate agent refuses to sell a house to a person beca use of the person's race. 5.3 Loaning money at an illegally high interest rate. Cheating on federal income tax. 3.7 A labor unioll official illegally threatens to organize a strike if an employer hires nonunion workers. 3.2 An employer illegally threatens to fire employees if they join a labor union. 1.9 A slore OWner intentionally puts "large" eggs in containers marked "extra large."
SOURCE; Adapted from Bureau of Justice Statistics, 1983.
Hagan illustra les the in l ~ J ' L' f' . "pyraml·d f . "( . t;gra lOn 0 tl.lese three dunensions un his a crIme see FIgur:> ') 1) a I degree of agreement t: _. . n t le CUfisensu:; dimension is the . t I people about the wrongfulness of an ·lc't On th e SOCle a response a~ong d .. < • sponse to the act F ~~enslO~ IS t~le se:rerity of penalties elicited in rethe harm an act i~flil~a y, on tle ~hI~d chmension is social evaluation of such as murder or le~l~o~i~l~tI~ers. ThIS ~an range fr.Ol~ crimes of violelIce base. Hagan claims, t the peak down to vlctunless crimes at tile The three measures of seriousness are dose! ' _ _,' ..' ?cts of deviance, which are most likel; to b~ ~:~~~~a,:ed... : t1~~,mur~.senolls Involve (1) broad agreement about the w ' cnmma, are l1zely to social response and (3) an ev I t· fcobn.>?fulness of such ac!:s, (2) a severe , a ua Ion 0 emg vef)' I . lui 1-1 correlation between these thr d' '. ' . laml '. owever, the ee InlenSlons certaInly IS not perfect, and ... in
Although Hagan goes farther than most criminologists in attempting I1n integrated definition of crime, we believe that his analysis can be improved by adding three further dimensions and by configuring the pyr,l1nid display into a "crime prism." Let us seE' why.
Pr(lm Hagan's Pymmirl to the Prism of Crime We suggest that Hagan's pyramid is incomplete because it neglects public awareness of crime-the realization that one has been a victim. Crime takes many forms, all of which involve harm, but not all of those hanned necessarily realize they have been victimized. We have already seen that participants in victimless crimes may claim that the criminal label is wrong. In the case of victims of government and corporate crimes, it is often a long time before the victims become aware that they have been harmed, and many never realize it! For example, the effects of environmental crimes may be so slow and diffused that no one notices any harm or change in lhe environment. Yet, over a period of years a particular area may become uninhabitable clue to environmental crimes, as happened in the case of New York's famous Love Canal near Niagara Falls, in which the Hooker Chemical Corporation dumped fifty-five-gallon drums of toxic wilste. When the area was subsequently developed by an unwitting school board ancl settled as a residential area, chilclren and residents were, over several decades, exposed La noxious fumes and surfacing chemicals resulting in birth defects, liver disease, and emotional disorders (Mokhiber 1988). Such crimes can resu1L in insidious injuries when the links between the causes and the effects are obscure, take a long time to appear, affect only a segment of the population, result in increased risk of injury or disease, and are widely dispersed through the population (Calhoun and Hiller 1986). Thus we argue that crime can range from being "obvious" or "readily apparenL" to "relatively hidden" and, finally, so "obscure" that it is accepted hy many as normal, even though it harms its victims (e.g., environmental crimes, racism, and patriarchy). I-lagan acknowledges this but does not include the measure of obscurity as one of his dimensions. A second missing, although implied, part of the pyramid of crime is the number of i'idilns. If only one person is affected by a crime; this is certainly tragic and serious, as in the example of a person shot to death on the subway all the \Nay home from work or by an intimate. But this crime is qurl1itatively different froIll, say, the Japanese terrorist religioLls cult
34
ES~Wl1fi{/1 CrillliJ/ology
that nlllrdered milny people in rush hour by intentionally setting off por' sonOLlS fllmes in the subway system. ThesE' two additional dimensions; visibility rmc! numbers harmed, afe implied in surveys that depict the perceived seriollsness of various acts (see Table 2.1). Note the difference in seriousnl?ss ri1ting for different lypes of terrorism in the table. Absolute numbers of vidirns influence a society's perception of the seriousness ofi crime. A third limitation of Hagan's pyramid relCltes to his dimension of seri~ Ousness 01 response. This dimension fails to capture the probability likelihood thaI a convicted offender will receive a serious response even when the la'vv sels such a penalty. Crimes of the powerless are far more likely to recelve the full weight of the law than are crimes of the powerful. For example, the average prison term given for those convicted in the savings and loan scandal was 2.4 yf'ars and the average bank robber gets 7.8 years. FlIfUwr, over 75 percellt pf the cases against these corporate executives, were dropped. Rarely Me charges against bank robbers dropped (Calavila anel PonleIl1993).
Another limitation of Hagan's analysis is in its visual structure. The way thilt it is Ii'ljd out does not allow other elements (such as those we have noted) to be induded. The pyramid suggests that crimes for which conflie! f''(isls about their criminality are only somewhat harmful. Some crimes may bf' extremely hmmful, yet still not be seen as harms by society, not leilst because the media present tllf'm in a way that favors the perpetrators. Until recently, this was the case with crimes of gender, such as sexualilarilssment and date rape, in \vhich the male offender was shown as having poor judgment but nor intending harm. It is de;"!r lOllS that there is not always consensus about the seriousness of such acliflns '1S corporate crimes (such as pollution from toxic waste, deaths from aV(lidflble faulty product manufacture, and deliberate violations of heallh ,mel safety regulations). An obviolls example is the padlocking of fire doors that resulted in the death of twenty-five employees in a Norlh Carolina chicken plant fire in 1991. We should be perfectly clear that corporate crimes can be extremely harmfuL This is in spite of the moderale societal response to such acls and conflict between interest groups in society over the need for health and safety regulations and the like and whether their violation conslittl tes a crime. For exanlple, cnrpornt ions historicillly oppose health and safety regulatinns if they slow dOWll production or add 10 cost. Corporations often consider Stich COn,<:;llIllPr or environmental protections as govenllllPIlt interfere/Ice in inclllslry. Consumer protection groups such as Ral/'ll Nadf'r'~~ C' n lll11lnn C
What Is Crillld
35
The Prism of Crime . . " ramid we have redesigned the suive the pr~bl~~ns w;~~~~~a;fa~~:bY maijng it a double pyramid, sLrlldure at tll1~ dep . , F...., 7) A further refinement of 11 tl "crime pnsm' (see 19U1e ""-.- . 1 or what we Col 1e . H r and Lanier (1998). In our schema, ~e pace concept appea~~I~en::U; the first pyramid. The top pyramId repreinverted pyraml . . - . all Climes of the powerless ail tl highly visible crtrnes that are .typIC ~ bb r theft, auto le. blic These include crImes such as TO e y, . . murder stranger rape, and arson. These tlcnmes COllnr"",' m pu ull FBl burglary, assa, , called index crimes by 1e , Jre similar t? many Of_ wha,t fO~'I~::r:n~~~ex of U1e ch~nging incidence of because theIr m~asu:e was se _r an ex lanation of index crimes and the . le (see later m tlus chapter fo p. ted p)'ramid represents enD .fi ti ) The bottom, mver FBI's changing class~ ca on. . I :Ie a variety of crimes of the powerrelatively invisible cnmes. These mC ufLficials corporations, and organizaHenses by governmen t a c, t' I fu!' sue 1 as o . Ie committed through their occupa -IOns, tiOilS, as well as cnmes by Pbe~p Int and even some crimes such as I fraud and em ezz ellle , .. 1 for ex amp e, ' d tic violence sexism, raCIsm, agelsn , date rape, sexual harassment, ~mes t . By c~nducted in private conJnd crimes of hate. These are cnmes PlICa that involve violations of I 'zations and war (p aces, f I texts, sue 1 ~s org.am . _ _ . . 1 of the owerless and crimes 0 t 1e trl/sted relabon.ships. Togethe1, cnnI.es. 'bl l~lves of our prism of crime. n te the visible anc mVlSI e f tl I powerfu cons 1 u . cause of Ihe visual appearance 0 1e loVe use the term pnsm not only be '. . 'd to analyze a continuous I b ause I'ust as a pnsm IS use f. fivurc, but a so ec ' . d I Iyze the spectrum 0 lIDo tl· m can be use 0 ana spectrum,' so 1e. cnme pns ,.. I I us look carefully at these reup Clime. ~e , Portant dllnenSlODS that mal-e " prism b e fore ex·plaining how they come . f tl ~ -ine vised dimenSIons 0 1e U I, ._ ~ d to provide illustrative ex10' ether. The letters on the nght s~de are us~ .clmp g I es. We begin with the dimenSIOn of agrl!ement. Y
I
varies from tl1e top of Social Agreemellt. The range o'f'soc ial a gJ'reement nt. through moderate '' . senting most agreeme , . the crime pnsm, a, lepre , . I' U1e pyramid where tl1ere IS d to U1e WIdest sectlOn 0 , I Jgreement, c; o w n . t then ranges Uuough Ule ower apathy or disinterest, e. SOGal ag~eemen, derale disaPl"eement, i, to . f - -VhI ~h there IS mo 0 half of the p.rism to. c~~m~s Ol.~a r~ement or extreme conflict, I, at ~1e opthose in wluch thele 1::; hIgh dlt:> g . 'bI . a ( 1 half) of the pnsm, a B . ling in tl1e VISI e ale 10 1 . b posite extreme. eguu _ .u b whereas the cnme of ro _ planned murder might be placed at pasIon -' t scale at c Acts of social . t uld rank on the agreernen . bery at gllnpom wo . ~ I . tIes or rings piercing various parts deviance, such as we~nn? pun1.. . 1aIrs : . I _ 't would rank at position e, of the skin or engagIng m a hOll1osexua ac,
lb
LS~I/Iial ( rlillil/o/vgy
FIGUI~E 2.2
The
("['it Ill::'
Whlll
PriSfll
Cw",,~
of the P{jWerle~~
b d
, ;"ki,,]
D"vi'IlIL~-._>
g h
Cril!lt"s--~
j k
of Ul<: Power/Ill
since. LllL'Se are ~al-'I,S il)\lU[ l ~ \v!Lich nldll '" 11-" .rv1ovmg down to lhe invisible area d _ Y. J l.U~r I c~le geJleri:~Uy tJpal.he!ic. leJerdlllealth in~urance 1"11a [ I' d()(~.t(l' dll'dLlIIg on cLowns made tu d . c , n ur _lel"_ pall ~ It J'II I I, whereas a factory clischa" ~ l:IWllll t 112 P aced at position pollution of the city wat . 19m9 pulluted "'Vdhle ill a WdY that results in people disagree ab~ut tl el suPIPly wuuld ranI\. druum.1 k. 'I'h!.s .is because _ 112 neec for guverllm 'I l ' I . or accidental nature of tl ._ e I legu dlJUll, the intended 112 actIOn and 50)1 C . -j . I over these "invisible cri "I ,: _ _ t 1. OIlSlt ~ra lIe conflict exists mes oeated l!1 the low'" I . It I I ~IJC I1 as whether wot'I.],I. d. tl . u - t Ie p)rramid '- dce ea'lS an-l Inl' .' .'t'1 1a 1-' _ ' ' llr criminal necTligence of _, _f'I' . __ .- _I l ulles. Jesu l.mg trom accidents ;:> _ ba e j st,llit cuds are cranes.
I'rubable Sl)cil/l/~t!sll()llse . , -- . '1'1le upper segment - til' d· lllgh probdbilil)' of sev . ,,' . __ U 115 lInensioll fllns Jrum ~Ie sallctHH1S tor cor v' ·t-'d 1·1· I penalty or life in prison) [I.. .1, "_ - I Ie t' 0 ellC ers (e.g., death ,tI, llOl\p 1 l1l(H.:!enl- -- - t· ( terms, fines, probation) b d" oJ . c~ salle Ions e.g., short prison ,an L to a Illgh IJIT l- l'I'1 . , . ) 1,) 11 1 Y ot Itlild sanctions (community service publ' ~ , I e condemnation) d [ .. pyramid, this dimension 1-'" -'_ . 11 Dllr reVIc.lOJI of Hagan's now a so extends tr '1 I I severe sanctions (e" [. _, . -. UIll IllI l tlfllllgit selectively 'n" [Ill'S, plObatlOn r- t'l ,. - - . symbolically severe sane/iolts t II I ' es 1 1l.LUIl},J. dlld t:untinues to . II . ' , a - 110' o,vest [lillI'll "II' " La y severe reters t ll-, I _. ' , J - lIUlt~ II I . S)rmboli., a Ie uw probablhtv U - t ," . wI.despread and llll' recap _'I' . 1 - lrl severe sentences will be oIlJlolltld{IJIf.:'se\vill it b pea,I For e:-.:ample, the te _ .. ,'. ., . ' . 0 .en e reduced on apn yeal llllplisumneni uJ ehiott'lec ICe"!' . .~ '- e. Ing f· or d
L
_
I.'~
('riIllP?
37
in the 1980s S{lvings and lomls scandal provides (llle example of r1 severe s;:mctioll, since numerouS similar nffenders received lower sentences, reduced sentences, and, in many Cflses, restitution -,ders for milhon-c1011ilr t1ffenses. TVCln Baesky agreed to pay a $100 mil'I r IwnaltV (lrom his fortune of$20(] million "massed from "insider tradIon· . . . . and served a three-year pnson sentence. 1vIlChael Mllken, found of felonv securities fraud and conspiracy, was sentenced to ten ,'ears but nnhi ' served twenty-two months and agreed to pay a fine of ~rlO[) millionlrull1 his hinion-dollar fortune (Friedrichs 1996, 171-172). As ;NKeseredy and Schwartz forcibly argue: "Poor people 1vho accidentally bank tellers while attempting to rob them are labelled as murderers and are subject to harsh punishment. ... Corporate executives who create unsafe \vorking conditions are often exempt from both formal censure and prosecution, despite the fad that their decisions result in injuries and death ffll' IhcnlSClllds of pepple each year" 0996, 47).
/ndiiridulllOl1d Social Hal'll!. For the upper section of the crime prism, the dimension of individual and sociill harm is also the same as in Hagan's analysis, except that in our crime prism it refers to direct individual harm, in which the offender has specifically tmgeted the victim. The most harmful uin]('5 here include those "vhereby Ihe victims are denied their life or beCOlllt' 11erm,1llf'ntly injured ilml mal1l1ed, J1, [I; through crimes that me hnrmful through sollie tempor(lry loss of capability, money, property, or position, 1'; to t1l0Sfl Ihell might uHend moral sensibilities but do not: direclly result in !JprSl.lllflJ loss, eJ The dimension of illdividual nml social harm eliso reaches into the lower h;:l1f of the prism to include, first, offenses creating moderate social harm (sucll i1S price-fi'\ing th,\t increases the costs of products to consumers), 11, rind then those social harms ill which people have been physici111y injun_'d and killed in t.he course of t.he general need to meet an organiz,lliollill goaL as in the Union Ctlrbide chemical factory disaster in Bhopal, India; two NASA space shuUle disasters; the Ford P"mto gas tank explosions, and Firestone tires causing SUVs \0 flip over, nIl of which might be locilted at k or 1.
Extent [~r lIidhlli7,atiorl. The final dimension, extent of victimization, implied but nol explicitly included ill I-Iflgan's measure of harm, represents lhe number or victims i1llecll:>d by il crifne. Pul simply, this spans a range from crimes in which JHlml'lHUS random victims result frolll highly visible indiv'lflual crimes, (I, thruugh crimps in which several
38
Es.cwntiaI CrinlilJology
social category. For example, employees working with hazardous materi~ als or in high-risk occupations, sllch as mining, construction, or cherni~ cals; consumers buying a parliculilf kind of faulty product; or residents living in an ilfea where pollutants have contaminated the drinking
Integrating the Dimensions Now that we have briefly il1ustrated the dimensions of the crime prism, let us discuss the spatial location of a fevv examples. Take the earlier example of terrorism. Here, crime is obvious, highly visible, extremely harmful- and noncontroversial \vilh regard to the measure of consensus_ conflict- as can be seen in Table 2.1. Smith and Orvis (1993) indicate that this kind of crime can be horrifying to the sensibilities of virtually aIJ people, although directly hanning relatively few (e.g., the Oklahoma City bombing). Societal response and oUlrage to this type of crime are immediale and pointed. Law enforcement agencies devote all available resources and form special task forces to deal with these crimes. Punishment is severe and can include the death penalty. As a result, such crimes would be placed on the top or very near the apex of tile prism at point a. The more people harmed the greater the government and social response (e.g., September 11 tragedies). If fewer are harmed, and if lhe act is less visible, the ranking of the crime on the extent of victimization scale moves down. Further down tile prism, but still at its upper end, are violent acts of individual crime. These are also readily apparent as being criminal. They were traditionally called maIn in se, meaning "acts bad in and of themselves," or inherently evil; they are universally recognized as crimes. Crimes of this type would include homicides, rapes, incest, and so on. Relatively few people are hurt by each act, yet societal reaction is severe and involves little conlroversy. Law enforcement considers these crimes its top priority, Sanctions are very severe, ranging from lengthy penal confinement to death. Beneath these come acts of robbery, burglary, larceny, and vandalism, perhaps at: location b or c. At the lowest levels of the upper segment is where I-lagan (1985, 59) placed social deviations and social diversions. Deviance, the higher placed of the two, includes acls such as public drunkenness and juvenile status offenses (acts that if commil:l:ecl by an i1dult would be legal). It should be noted, however, that these are small-scale or low-value violations. Beneath the social deviations are \-vhat Hagan terms social diversions of unconventional lifestyles or seAua] practices and so on. These offenses are relatively harmless and are met with confusion or apathy, a lack oJ consensus about their criminal status, and little formal law enforcement response. Examples \voulcJ be cettain "Goth" practices and skateboarding in public plflces. These will he located at/ on the prism.
.19
What Is Crilne?
. t on the inverted pyramid of OUf modified visual, it can rceptioll of cri~lina]jlY is rel
From
thiSP~lIl
th~t
r~: ~lf
conlro\ve into Ihe lower section of the prisllI and loward its lower As In b ·t I tl,o,<:- cr·, me increases. Its harm becomes less dIrect. . we tleo scunyo • f' Po mt , 1 '.Its cnmma .. I def·nl·b·,·,n ,'ncreases and the senOU5ness 0 I SOCler 1 , J ' n Con' Iel OVOllse . becomes more se1, ec l've 1 . Acts that have been callec 111/1 1I a ely ~ ~esp, . ositioned here. Mala prohibita crimes have been create~: .'Y pro/IT/II areaction p. ('I.e., II.' ley a e I,ad 01 leg" I til f 'e rbecattse , . they have been created "I . legl~ a 1\ L' l"a-I) Main prohibita definitions of crime necessan y Inislatecl a:'~i:\n~c~l~g'ic
w;e.5 are J(1J
af~~Ia
llldl1~eCI'lyet
.°
L
L
ie~l;sI~Jlrough
_
-
('ated at point i nn Ihe prism. I '. .._ - A t the final level, crimes are Stl hidden Ihal many IIl(ly de.Jl)' l lell ~XIS1 ether or (lrc Cl"lllH:'S. tence and ?thers lllay argue as I(I, WI. '_ not they . . I SeXIsm, I 1.,_ . . . . " 1."rIme. . 10" '~xamp e is an IIlslitutlollalIzerl tyre 01 Jj IS• ~,atnarc lil, Sll ,--, ( , . dued and so ingrained inlo lhe filbric of
F.sselltil1! Crimi/lnhJgy Senale .seal due to the SCi:llHl.-11 \vith intern Chandra Levy; Bob P
Application of the Integrated Prism to School Violence In the analysis of school violence, there is a tendency for commentators to narrowly define the scope of the problem. Typically they focus on interpersonal violence: am(lng students tCHvMd each olher, or by students toward their te
The Scope (l!he Prohli'm: 'the Pt7l1rity of the Sihool Violcllce Concept? PrlbIic dnalysis of social problems Lends to be framed very nlllTmvly. Violence is visihle <111d manifest t:rIIHmg school sludents, so it is assumed thilt they constitute the scope of the prllhlplll. Yel any analysis of school violence Illilt simply lnoks ill (me fildol'. snell ilS IllUl1i1Tl fallibility, gun aVilllilhilily, or c1111111'
Whal hi Crillh'?
41
..~. - .:. 'lleralJ)T delined aZ, till:.' lbL' of fun:e tu\'vard dllother that re~ Vlol~IlLe lS De ' " , " .' I.' . I . I' n Simplistic ver:.,;ioll~ lillllt lhe concept tu extrerlle p lySJCd , " 'I . . . I II' '11 lan . 5.11:> . 11 )°7 1'1<J'j{LISI, ll)l.J4 '14) , WI.li.dlIl1ayiIlduLell1lJn1J(.,d~ ,," (C_'I 131nplon ."7 , "'l.l, -' ,-' , . , ' loW.:' ,I tl 'eal of forl:e (Bureau ut Justice 19Y8). Onnlled here are sevt'on by LIe 11 '" "I I . I . tl" t I ," ~ I elements of hanll: (J) eIlwlrondl ami p::.yc 10 oglca pam 13' "r,:11 Ln!tLa , " _'b . t·1 t· .. e '. l (om domination of some over other::;, (2) hanns y HlS 1 U lOllS ur reSt! t. r_ on individuals (3)' the violence of social processes that produces Igeneteti, _ I" _ " _I '. " "I·,IIl·lJ·LIIY SUChlS llnl per[,etuated throug 1 mstIlllLlOnd systemiC soc" , < ~ " _ • • :1 I" ,'Slll and sexism and (4) the "syrnbolk violence uf dOIYIl11i1tH.Jn act ,del . , . _. _ _. --l'. I . . I·It::'H 11-.)77) lint brinp-s Lhroudl the I)uwer exerCIseU III 11(;;r(OUlHl ~ Dcoercion · ,,:! rchical reJahollshIpS. J In the school cunte).,t, studies of violence Lypkdlly rder t? sludent-unr personal harm. or l11te stu d en I "'nd student-un-leacher ads of 1)llysical _ . .VIO ·1 enee.. '''V·lolence refers to the thre
12,
Esselltilll (:ril/lill(rf~Jtlrl
,',
C'ullt;;ider, d~ IIJrlber ~" I" -, .. 'b' , . eXdtllp et;;, d t;;chuul ddllllnlslTdtion tl ' t ~"' " ILrdry, alltltnnldrian -I" "]' , , lil exerCiSes b~' : > ' , L ISLIp Ille ur tedcher::> who" 'et b" ·tI" .' est effort dud lch:k conlmitmenL to their "L I ,[" ~I ~ WI luut tllelr:: s :r.' " , ~ III ell 5 t.:l UCi:ltWtl Or the age conveyed to );,Ilhlents about "I'll L" cUll "I '" tn~e"d ': mes~ 1 t;; CHn" 'f d' ' t] IOUg Jlt when we deploy metal d t t " .d " U e ucabonal dl
drug-sniffin ' du' J" 'J. e ec or::;, VI eu L'ameras, identity ta s g gs anL guards to ,,'.". "LJ . g, Thompkins 2UOO) J"]ll' 'dd ,::;ecure lilt freedom (Adams 2000' . . '" 11 en curriculum" c I" .. , ' tJve impact on students' 'I ."1 ' ' 'j _,' an laVe a sIgmfIcant nega~ Henry 2000), n Old cUll sucwl development (Yogan and C
"]
At a broader leveL cunsider t1 Ie J"la1111 0 f 11ll::LJtIlldble ' , s 'h' ] f 'I' receives b'~tLe ... r JUIlL'I'lIlg due to . lIs I''" t·, " ,c uo Unl1llg: cOlllpared to a sehoul located i' " . ' . ULa lUll III a wealthy area, cunsider the harm created by ~~ ;. G~~:I ty~stncke~. urban setting. Finally, dernning academil: failure' litU e e Id ~1~ lLun~ye~ltIve success while conschool, lack educational n', . "e.wuJl d 1:1 twt ~hI1dreli who do poorly in to en a:re i ',,', ,:,~tIv.aI.IOlI,dn~l fed alienated are tile most like! g g n CrIntlllal acts (SIegel J998 197-91:5") A d tl . . y nut even begin to address j" v '." ",,' '. ". n lIS analySIS does uf Ole successful driVing llllu',r 'tOUlJ~etILIve Success corrupts the morality , e 1 0 WIll at all cost- . "dl f they cause to others in the po' (N'd J" " s, Je?ar- ess 0 tlle harm r cess . I 10 SCJll 2000; Staples 2(00). Olle S' d 1001
'!ir"l E"X.p'lI/SLVt: . Integrated Concept oISclwullliolellct!. ({I//[ Illl Because of the omission of LI l We are lllissin lJ ~Iw:ll ,,1· II ,,"lese )J"(Jdder dilllensions of school violence o ' - " " Ie cOlltelItHld 'd ". l' . J ' oJre blind to the part J]laye 1 b IJ" , ' < ' / LUbes U VIO enee ill schools, 1t\Te l Y lIS ''\lIt \:'1' 'ollte:..:t "f . ] , LIe "~,, c , . , 0 VIO ence m shaping I more visible furme , f ' I" '-' ) III elpersullal f,hy '1" J 'J ' SUlHe stu,jents' A "!Ill' 1U$IV . , .. .. mOle ·,t . "I s La VlO. ence mam£es! by neceSSilfY. e UI eglatet concept of school violence is . With regard to Llle perpetratur. 'f I,," . ,,_. CLse the power to del' " " s U Id~Jll, the cOIlLept [or li'lose who exerlimiting because it iJS21O~~:et~~;~~nre~1!.l/n~IlY desc~'ibed as "offenders," is Lion of puwer that denies l"l n:. .tllL lVllh:lals oftend. Yet Ule manifestale fn nll individud1 tv or anl'P, LIF theu hUllla~llty can operate at many levels g Zd IOn Ilr corJ)ora [I ' ,. . nation-state FU'IJ , ' ] . . ' . un, cOHlrnuruty and society 10 , . I leI, t le exercIse 01 tile' .t I he!~ can also be accomplished b ' '. ,', I p~\~e~" '() 'Iann, as me,ntioned eardnd racism which ero b ' 'J tl,} ~IlU.tl . pIOu.:'sses, SUd1 as seXIsm, ageism , 0 eYunl 1e IlIdlVldudJ - 'I f . J . h ' puwer to deny others'. IJle" J " ac 5 a peup e. r e exercise of lr 1UmaJlItv by S 'It! ' , . place in a spatial social cant .tF· , . l Ie agency or process, also takes implies that the "paL'a] J' e~. ~.vell thOllgh tile term "school violence" '-' 1 Dca tlOll IS til ~ ""1 'I l:: . I' grounds or on a school bus" B ", '. "I:. s~ 100 lWIc 1118, on the school lioll denieb U'l€ intercOfme"t' ( . u~eau ut Jw,tIC~ 1998), such a limited definisuciety of which it is a 't '10I~s lelwl:t'1I lhe .')choo1cllntext and the wider par. t Ignores the W' , ' . ] . I tl lent:f2 permeate social . J : " .. .':... dYS HI W 'lIe 1 'lese acts of viodflL geoglaphll'dl ::.pace. As a resllIl, it fails to recog;>
What ls Crime?
43
Ihat what may appear as an outburst in the SdlOOI is merely one maru-
0""",,,,1' of more systemic sucietal problems. These 1I1dy begin ill, or be by, activities in other spatial locations such as households, public streets, local neighborhoods, communities, private corporations, public or,,,ni,
Tht' Fyramidal Allalysis (~F DiJllCIlSitJllS of School Violellcc In this section we will relate school violence to the dimensions of the
prism, How does the acknowledgment of mulLiple dimensions of defining school violence affect our analysis? First is the dimension of relative seriousness of crime based on the harm it has caused. Some acts, like underage alcohol use and truancy, are victimless crimes in that tlley only harrn the participants; others, such as the high-profile shoutings in schools, harm more than one person at a time and the pain call extend to the victims' relatives, friends, and community (see Nicholson 2lJOU). Second is the degree of moral consensus or agreement about whether an act is right or wrong. This "can range from confusion and apathy, through levels of disagreement, to cunditions of general agreement" (Hagan ]985,49). Al!:hough there is consensus li1at drugs should not be in schools, the consensus is much greater against heroin and cocaine than against marijuana, and against all three compared to alcohol and cigareUes (see Venturelli 20UO). The tllird dimension is the t;;everity nf ::;udely's fOl'lllal response. Severity may range from social ostracism by schuol peers toward their fellow students, Uuough infonnal reprimands by ledchers, official warnings, expulsion and exclusion from school, prosecutiun, or imprisonment, to the death penalty. As we have seen, school violt!llce takes many lUrlllS, all of which involve harm, but not all of thuse harmed necessarily realize they have been victimized. This relates to the visibility diulen::;ion of the crime prism. For example, it is difficult to see the negative effects of tracking, yet Ule tracking system has been shown to reinforce class and racial segregation; over time this practice operates as a crime of repression, limiting the inlellectuat social, andrnoral development of those 5ubjeclto it: (Yogan 2000). The hannful effects of this practice are obscured and may take a long little to appear (ill lowered expectations for selt poor self-esteem, etc.). Visibility of some dspects of school violence is an importanl dimension because it is partly a reflection of the force of existing legal definitiuns, themselves shaped by powerful economic, political, and class
44
ESSelJtial CTii/lillO/Ogy
interests. These interests, in turn, partly reflect the cummercial interests of the mass media, which limit their framing of the crime question (Hen and Lanier. 200~). part, they reflect the popular culture's trivializauZ and sensal1on~hzatlOn~f direct interpersonal "true crimes" in preference t? co~plex, dIffuse socIal harms and injuries that ha ve become institu_ tionalrzed, compartmentalized, privatized, and justified via the legitimate goals of the organization. In light ?f. ~le pyramid discussion and analysis, an expansive integrated dehmtlOl1 and reconception of school violence allows us to reframe OUf ~nalysis. Types of school violence can be distinguished bv U1E level of theIr perpetrators within Ult.' social structure, and Ulese in tu;n reflect Uleir positioning at different levels in the prism. Five levels of violence are identified, though the accuracy of the distinction betvveen levels is less important than Ule range of level~ addressed:
II:
Levell: Student on student, student on teacher, student on school Level 2: Teacher on student, administrator on student, administrator on teacher, t.e~cher/ administrator on parents, parent on teacher/ adllllnlstra tor Level 3: School board on school/parent, school district on school/ ~arents, community on school/parent, local political deciSIOns on school and on parent Level·J: State and national educational policy on school, state and national juvenile justice policy on student, media and popular .cul~ure on student and on administrator, corporclte explOItatIOn on students, national and state policies on guns and drugs Level 5: Harmful s~cial processes and practices U-Id\: pervade each of lh~ above .lour levels. Here social processes are the patterns of mteractlOn that over time take on the appearance of a natural order or social reality existing above the individuals whose actions constitute that structure. Discussion on Sdl00l violence tends to be restricted \:0 levell and sume aspects of level 4. Even within levell, some important dis\:inctions can be made. In contrast to Ule excessive discussion of level 1 and some of 4 ther.e has be~n virtually no discussion of levels 2, 3, and 5 which, giVl21~ the mterrelabons between these types, represents a glaring deficiency.
CallsallmplicatiOIlS of tlze Prismatic Analysis of Seliool Violellce This expa.nsiv~, int~grated approach to defining Sdlool violence allows us to better tdentlfy dIfferent types of school violence. But i\: also raises the
What Is Crime?
45
question of whether the different levels of violence manifest in the school setting are interrelated. Are the different levels of violence in school cal1sally interrelated, such t.liat invisible institutional violence at the level of, say administrators and teachers, are generative of visible violence among school students? Clearly this is an empirical question, and there is some evidence suggesting that this may be the case (Welsh 2000). Although individuals may contribute to these social processes, it is the collective and cumulative repetition of actions by different people that creates harm to others. In the context of school violence Ulese processes compose Ule practices and policies of \:he school, or what Welsh (2000) calls "Sdlool climate." It can include the policies and practices of school boards and their detrimental effects on school districts, and the local politics of communities. At a broader levet the collective actors can operate on the state and national level to include educational policy. An example would be a decision \:0 expand prison building programs at the expense of school building, to hire corrections officers rather than schoolteachers, and even to submit to the apparent "economy of scale" that leads to building large schools over small ones, when all the evidence suggests thui these are more alienating and more criminogenic. While these collective and policy decisions may seem distant from Ule day-to-day activities of the schoot their shadow and effects reach into the classroom and constitute part of the formative context for violence that is played out there. For example, Kramer (2000) distinguishes between three types of student violence: (1) predatory economic crimes, which involve the pursuit of material goals by any means, including violence, (2) drug industry crimes, which involve violent gang turf wars, and (3) social relationship violence by powerless angry youths who use acts of violence to resolve issues of humiliation resulting from their alienation (see also Staples 2000 and Cintron 2000). This third type may be a manifestation of Ule deeper social proces~es of harm in the lower level of our prism. In addition, we have argued that not all Sdlool students respond in Ule same way to the conditions that generate violence, even within level L and this has much to do witll\:he influence of class, race, and gender (Henry and Lanier 2001). Thus the prismatic definiLional framework outlined above suggests Ulat we need to take a much broader Clpproach to examining the causes of school violence. Rather than operate simply on Ule individual analytic level th
44
What Is Crime?
Essential CrilllhlOlvgy
interests. These interests, in turn fJarl1y reflect tl\,,, LommerCla -, -. - ' I'mterests f I:.he rnas~ m~dla, WhICh limit their framing of the crime question (Henl~ an~ Lame~ _OO~). ~ part, they reflect the popular cullure's trivializatio Y an sensatlOn~ltzatlOnof direct interpersonal "true crimes" in prefe II t? co~plexl dIffuse social harms and injuries that have become il r~~ce ttoll aIlze d, compa~bn~ntalized,privatized, and justified via the legi:i~d~goa 1sof tl1e orgamzation. e In light 01 the pyramid d' . .' d . grated d f ' f d lscll~slOn an analySIS, an expansive intee 1m 1O~ an reconceptIon of school violence allows us to r Ifame OUf analysIs . Typ es 0 I se1100I vIOlence . can be disting-uished by UeJeveJ 0 I their perpetrat .t!. 1 f1 . " . ors WI un t 1e social structure, and these in turn re1e 1"ect. theI~ POSI?~rung at different levels in the prism. Five levels of via.er;c~ ~re IdentIfIed, though the accuracy of the distinction behveen level~ IS ess unportant than the range of levels addressed: "
I
...
Levell: . d ent on teacher, student on school L 1 _ Student on s t u d en,t stu eve 2: Teacher on student, administrator on student, administrator on teacher, ~e~cherladministratoron parents, parent on teacher/ adnumstrator Level 3: Sd1oo1 board on school! parent, school district on school/ ~arents, community on SdlOol/parent, local political deci~ 510ns on sd100l and on parent Level 4: Sta~e an~ nati?n~l e~ucational policy on school, state and rational Juverule JustIce policy on student, media and popu~r ~.uI~re on student and on administrator, corporate exp DItatIOn on students, national and state policies on guns and drugs LevelS: Harmful soc·la 1 processes ' and practices that pervade ead1 f
tl;~ above .four levels. Here social processes are the patten~s a mteractIon that over time take on the appearance of a natu~al orde~' or social reality existing above the individuals w 10se actions constitute that structure.
as~;~~~I~~ilon°t~S~1001 vi.al~nce tends to be restricted to Levell and some
ad I eve . ~en WIthIn le.vel 1, some important distinctions can be ~ereej1an ~ontra~t to the excessIVe discussion of levelland some of 4 tl1e inter~el e;n vIrtually no discussion of levels 2, 3, and S which, givel~ a IOns between these types, represents a glaring deficiency.
Causal Implications of the Prismatic Analysis of School Violence This expansive integrat d . '1 .. t - t tt . I .·'f d· e applOac 1 to defmmg school violence allows us u le er Ie enlt y IHerenl types of school violence. But it also raises lh~
45
stion of whether the different levels of violence manifest in the school
qUt~irw are interrelated. Are the different levels of violence in school
:811sa ilv interrelated, such that invisible institutional violence at the level
L~ sav- administrators and teachers, are generative of visible violence o '\on'g school students? Clearly tl1is is an empirical question, and there is all some evidence suggesting that this may be the case (Welsh 2000). Although individuals may contribute to these social processes, it is the collective and cumulative repetition of actions by different people that creates hann to others. In the context of school violence these processes compose the practices and policies of the school, or what Welsh (2000) calls "school climate." It can include the policies and practices of school boards and their detrimental effects on school districts, and the local politics of communities. At a broader level, the collective actors can operate on the state and nlltionallevel to include educational policy. An example would be a decision to expand prison building programs at the expense of school building, to hire corrections officers rather than schoolteachers, and even to submit to the apparent "economy of scale" that leads to building large schools over smllil ones, when all the evidence suggests lhat these are more alienating and more criminogenic. While these collective and policy decisions may seem distant from the day-to-day i1ctivities of the school, their shadow and effects reach into tl1e classroom and constitute part of U1e formative context for violence that is played out there. For example, Kramer (2000) distinguishes between three types of student violence: (1) predatory economic crimes, which involve the pursuit of mateI;al goals by any means, including violence, (2) dnlg indllstry crimes, which involve violent gang turf wars, and (3) social relationship violence by powerless angry youths who use acts of violence to resolve issues of humiliation resulting from their alienation (see also Staples 2000 and Cintron 2000). This third type may be a manifestation of the deeper social processes of harm in the lower level of our prism. In addition, WE' have argued that not all school students respond in the same way to the conditinns that generate violence, even within level 1, and this has much to do witll the influence of class, race, and gender (Henry and Lanier 2001). Thus the prismatic definitional framework outlined above suggests tllat we need to lake a much broader approach to examining the causes of school violence. Rather than opewte simply on the individual analytic level that looks to psychological and situational explanations for why students act violently, we Heed to address the context of students' lives: U1eir families, race, ethnicity, gender, and social clClSS. We need to explore how these dimensions interconnect through social processes to shape and structure h\lman thiflking, moral development, and individual choices. We need to exmnine how these social forces shape school curriculum, teaching prac1iL'I's, cllld educational policy. At a cleeper level we should be concerned to
4(1
FSSf'Jllilll ('riJnh/olog y
What Is CriJlle?
identify the way parents and schools thems' . Elnd Ihe way tltey shape the cant t f ,elves har?l t!l€ hves of stUdents, F en 0 YOHng people s lives 'mally, at the wider level we need to examine t11 ., , culture, comprising the economic '1 1 ,. e ways In whIch the can society, is reproduced and h~\I~J~I~., ,mc political structure of Ameri_ though this level hilS been add d e produces harmful processes. Al~ resse tl ll"Ough the d' . i1nd attempt to levislate agal·nst " t · 1ISCUSSIOllS analysis, h' c OXlccufllre"H'" proach to macroJf'vel amdysis f)" , " us IS nil madequate ap~ 1ence hi1s [ocllsed (Ill I he'foie·o· f VI.I:cluSSI01.1 (lflcultural causes of school vio~ . ' (l etlce In t l€ mecl" , . , video games, and on the Interll"' I j(l--lll lllovles vIdeos, ,.; ----anc on gun c It Tl I t 1at cllltllrill violence amplifie .uure. - le argument is c S aggreSSIve tendencies' j (evalllPs hLJIlJrms into symbol·' b· . In young males. It 1l 0 Ject Images ( fit d· . you th 10 uSP \' iolent skills eel I. t I 1- - ) 1a e or ensIOn, trains eara es ceatl and -f t f . , vnlues, illlel provides exciting and colodli! roJ~. c es ruc IOn as p.osltive as the solution to probleIlls glo ·1· I l11odels, who use vIOlence , 1'1 vmg t le rnost p h i dd perfonnilnces vin news mecl· . f- I . - owe.r 1 an eslructive . la 11l a amment. WI 'I lh' b .. not enough to simply blame toxic culture f. .11 e. 15 ~~~ ~ true I.t IS out also looking rlt the ways I· I· 1 01 pOIsorung bds mmds wlth, n w llC 1 corporate A . '. ' ploitatiOll of violence for Ft tl . _ ~enca Invests 111 the exmacroanalysis of "culture" PtlfO I f loti feeels thIS cultural industry. A . . . , 1efe ore, las 10 COnn' t th I I pOhtreal economy of the sodet· I . I. ' . ec a cu ture to the .. yIn W 11C 1 II IS generated. 1
l
Policy ImplicaUolls of the Pn·smatic Ilnah/sis or Sc/lOol1!i I
1'1 ..' ~ 0 ence . 1e pnsmatIc analytical framevvork to definin ,. Identify the mulLiple interrelated f g.cnme may aJIow us to implications for policy and cta.usesjo such ~'Iolence, but this also has prac Ice. neleed It ff t th . SPOJlSf~ dimension of the pro r I . " a ec s e sOCietal re. Ism. ;:-Juc 1 an analYSIS· 1"k I . mOre comprehensive a to J t _ ' - LeIS ley to provlde for a rools of S}'SIf'lTli"c ~iolen~: Ih:~11sunl~r~/~~~; th~t ~e~~hes deeper into the us to seE' Ihe in!prconnertio I t I I.' qlllck-flx rf'sponses. It allows ns 1e \veen r dferent t ' fl· ld 2000; >
-,
.••
c
47
v·spllte Resolution.
A narrow approach to school viulence prevention a level 1 definition of the problem. ~or ~XilJIlple, kids are VIOlent 111 schools because they are taught to use VIO1~_t1(e to solve their, probIe~s Ol~ at ~estf ,th:y are ~o~ taugh.t nonviolent ways of dealing. WIth conflIct',The sI~~hst~c restnc~1Ve pohcy response suggests tha~ dIspute resolutIOn ~ramlllg 111 tedullques of nonvlOlenl: . problem so[vmg would b.e appr~r.r~ate.. In contrast, an expansIve defInItIOn and an llltegrated causal analysIs would tie the use of violence by students to tile use of symbolic and other formS of violence by adults, whether these are parents, teachers, administrators, or politicians. Instend of just implementing such training for students, it would argue for all school personnel, at every level, to undergo and practice nonviolent problem solving. Further, the school organization, curriculum, and educational processes would be subject to the same "violence cleansing" scrutiny to be replaced by what Pepinsky (2000) calls "educating for peace" raU1er than "educating about peace." Viewed tJuough the prism of crime the issue of school violence is not just about kids in schools; it is about tile total coproduction of our society by each of its constituent elements. To approach school violence another way is not merely shortsighted but does more violence to those who have already suffered much pain.
J(~licy would begin .bY ass~ming
Otlier Implications Considering the location of crimes on tile prism makes two things apparent. First, the positioning of crimes on the prism varies over time as society becomes more or less aware of Ule crime and recognizes it as more or less serious. For example, consider the changing position of domestic violence and sexual harassment, both of which have recently begun to move from the lower half to the upper half of the prism. In contrast, other ads tIlat were once in the upper half have become so common as 1:0 be hidden, are relatively harmless, and evoke neither public outcry nor societal response. For example, Sutherland and Cressey (1966) pointed out that at different times it was a crime to print a book professing the medical doctrine of blood circulation, to drive with reins, to sell coins to a foreigner, to keep gold in the house, or to write a check for less than d dollar. Second, the upper half of the prism (Hagan's pyramid) contains preduminantly conventional crimes, or "street erilnes/, whereas the lower half of the"prism contains the greater preponderance of white-collar crimes, or "suite crimes." Some have suggested that offenders committing the majority of tile former crimes are relatively powerless in society, whereas those committing the majority of the latter hold structural
48 posiUull~ of p\lw~r (BaIkdl
B··o
traJ question isWhal 1 ~ lIb ~11:,f~I, .-lnd ~cJlJludl jl}SO; Bux 1~}ti3). A lOt'S el11g powerJlll [1'- e 1- . that is committed (.))' 1.1,0 1 '1'1' . .. . Cl ec _~ .S It 1.lJe Iype of a 11 1 V to es" - tl -"I conclude our examination'f d' f,' .._LL~~1t' 1: el t'cts pj IIIL' law? Let closely at these twu bIW'ld~) e I1~:ltl~ns u( cnllle by leI( ,king d little more :,;ea1'ch about them revec~ls. ypes 0 CrHlle and what the l.Tilllinnlogical reJ'.
.'.
.
•
I
-
J
Crimes vf! he Powerless Power (dll be cunsidered on sever-1J dill'" - ' . race, and eUUlicity Cons.d . __ ." .o] 11;:'1I5IUII;", JJldll.dlIlg class, gender . . . . 1 10'1 ::ilfeld class as a "II - . ' ,-. . ' LonceptlOfi of crimes of d< II I IlSltcll-il111. IIll' orwindl Ie plf\.-verless 1Nil' b ,,,I I 0 dence from data gathered b / II ,'s ?St:l. 011 I. Ie accumulated evi~ TI' I \ ,Ie l111111J1a] Justice SV'!' ,:. _I. ] _ II_lilt t IlOse ]Jredominanll\' ~ dllesel fnr conv L' - -]s _un. , , liS slowed were from lower- 01" !"( ):1"" I' en lUI.la cflllllnal activities·· 'v I "lIlg-c '1SS In+ -. I' ] Lheft and personal viol ' " 'I<'~ _',L"~I~Un(s. rles.'t' slJ"l~et crimes of t'nce, SUC 1 ds !loIlllcIde r 1'0 bbery, buro-Iary larCell\' d '.. I ' dpe, aggri.lvated assault 0 -' , - 't t' kmds of crimes the\' actual] ,_ ,-, ,- - HOpUI 0 researchers about the Il, . ] suggests that U' _. . , y LOJl\llllt nther c ' I'I'1 ',LIlarged, and convicted b\' the " , .]. , lit It:_ I,e y lu be arrested, 04 . CIlmllld Justice s\'st" (·1'1 ,,,,,' ',_ _ ' '-. ,em .IS "a dnd Chamin 19o ,; Salllpson 1986). Ol/per d'11llelblOllS o!I'lllVer sll~1 . ' are lllteriocked with th"'l _ I' _ " , c 1 a~ race or gender . e c ass ( IIlH:'nSlUIl dlill 'an I ' , (' " ana ]ySIS, Take race as an illll'l"' t' _~: l, Je ~1I1Jecl to a Similar ~ SIdlllll,SeJl-n'I'llrtsurv- 'f I] , , mencan and white 01'1""1,.' I _ . t-:'ys OI.ll1C t lat African A se ra es were' ill ' I " , ', . but African American arrest -I, _ . _~_ 11 ell eXLL'pi luI' senUllS offenses, Ageton 1980' H ',' , - anl cunVIlilUIl fates \Vere hioher (Elliott a -d . _, " lllzmger and Elliou 1987; Rt:'im~ I [1979] t:JgL ' " £ 11 ,. a 1, .' L )5), DillS poor Al ncan Americans are more 1'1. >] I. (_ 'I"] l"CVO)l::!dllcste"ltl ]1 lese findings show I ] ' ' l J,1n Wea l W whiles. _ le Importance )f -,.' , -I" mg our llJinkiw:r abl1ull')').11 ,'[] _ l UI11l1l1iJ oglCal research in sha]'. , ' 0 ,1l:'. WI' slll:q'est tJ- t '-I ' conceptlull of crim _ I' \1 bt"l '. )J. VVe Ilt'l'l !.o reVIse Our " . e::. tl _ Ie PLJWL'rlt'S~ T~ !' , . cnmes uf the powed."" .. ' . ~" JdJl,1j dCL'uunt of these data e::.~ Il.:1eC':> ttl tTJIllet> lor IJ' ,] II -" ' ' weak econoITlic and pnlitil' I -. .. ' , , _' -. 'v\ lIL 1 lUSt' 1Il reIiJlively , t d P . _3 1- U~Jlll'Jl~ HI :"Ul'IVlY-j --., ~ ·1' , .", '. es 12 , owerlessness reO' '1--' _I' '_ ... _ . - ~ It: prel Ull1lllateJ y artOL S qUiJ II Ie::. dtlectin" 11 t' I I SlOnofcrirnesbuttheab'!'t ._,,', . ,,:> (l SlllllUCllwc0111mis1 1 Y to tesisl i:lrresl, prusecu!illll, and conviction, _,c"
if
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Whal Is {'rime?
£SSL:nlil/l CUIIUllO!OSY
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49
CriJlU'S (:( l!Ie Pmuc1fll1 ~rilJles of Ihe powerfl1l arc committed by people in relatively strong legit~'nille economic and political positions in society (Simon 2002). Again, let US illustrate the argument on Ule social class dimension of power. Such crilll include offenses by those in powerful occupat.ional or political poes ..;ilioll , such as business executives, professionals, lawyers, doctors, acS ~OLln\ilnts, "as, in 1993 where senior ngents allered wrillen plans and tried to cover up the fact after 73 Branch Davidians burned to deilth); and (3) state crimes resulting from government policy such (IS violations of priVileY rights, involuntary medical experimentation (e.g., radiation on unwilling subjecls l'lIld the 'lbskeegee syphilis study in which African American males were not treated for syphilis so the government coulc! see the Jong-term effects of this disease), state TIlOnOI;olies alld government subsidies, and crimes against ot-her states, It is also important to note, as \'\lilh crimes of the powerless, that power shapes not only Ihe opportunity 10 commit crime but also the abilily to resist ,1ITest, prosecution, and c01lviction: "Crillles committed by the powerful are responsible for even gH';-lter snciill hilrms thiln those committed by the pmverless, The former bave pscaped public attention precisely because, given the individua.listic F'IlJitical-Jegill framework of capitalist society, it is difficult to idl'ntify and prosecLlte the persons who fife responsible for crimes that take place within organizations" (Ball::an et a1. 1980, 14-5). Considering our crime prism, the power of some to int1uence government, law, aJld the media; to obscure their harms; to resist arrest and proseClllil,lI1 i
50
INhnf
Essentinl CrimillOlogi}
who the offender is or perhaps even 11lat they were victimized. The victims of these crimes are blamed for being stupid, careless, or unfortlmate (as inU1e savings and loan fralIct injury and death in the workplace, and pollu_ tion and food poisoning). Only in recent years has social reaction begun to respond to these offenses and then only feebly, through selective regulatory control rather than criminalization. Until victims afe clearly identified, crimes of the powerful are brought to public awareness, and govemments afE' more democratically representative of the people rather than industry lobbyists, the location of these crimes on the crime prism will be low. In the remainder of this chapter, we will look at the different kinds of data on crime and at how criminologists measure crime, detennine its extensiveness, and establish crime trends,
Measuring Crime On the surface, it might seem a simple matter to establish an objective measure of crime, but the reality of crime's harm is not readily re~uced to factors and scales, Consider violence. The consequences or costs of vio~ lence include the pain and suffering experienced by injured crime victims and their families; their physical- emotional, and possibly also financial loss; their increased feelings of apprehension and insecurity; and their altered lifestyles. How do we measure this? Do we count how many violent acts there arc and place a monetary value on their deprivations or do we ask the victims how they feel? Ivlanning has suggested that criminologists should "study ... the meanings of violence rather than its correlates" (1989, 1). A central problem for students of criminology is, however, whose meanings do we study and how are they constructed? The many players telllng crime stories with numbers include lawyers, politicians, police, corrections stOlf£, victims, offenders, criminologists, dramatists, script \vriters, and journalists, Each one tells the numbers story somewhat differently; Our sense of the measure of crime is based on information generated by a combination of such accounts, filtered and selectively amplified by the media and interpreted via our personal past experience of harm and suffering (Surette 1997). EOlCh piece presents part of an overall composite picture, In this section, we consider the manufacture of the data from which crime stories are produced. In the process, lve pay close attention to the ways crime is measured and the methodological and philosophical problems associated with trying to measure crime.
Government Measures of Crime In the United States, government agencies are responsible for measuring the extent of crime that our society experiences. Government di'lta arE' also
J,::;
Crime?
" dl] :rd by criminological by "independent meOlsures pro . t f' .... f e based on the legal de HutlOll n C vernment measures ar· , : II . ,. _lO. , , or omission tImt violates crimma aw, lS COll1 as an illtentlO~~1 3:t --l ." :ll,ctioned by the slate as a felony 01.' alltl lS s£ 1 wit IlOU t'llLsliftCCltlOl1 . < , • ' , . Is of crime draw on measures aIll lndependenl nppi mS(1 , l I 'n nlisJemeanor. . . - t d by academic researchers, who are lOlsec 1oj CTune genera e <' cr",lu'"""" , ''lIe research institutes. f . universities or prn < t routinely USE'S two measures 0 cflln~. The United States governlll~: officiol crime statistics, is published Hl The fir~t T11eas~ue, kll()\~n Cl~-~R), These are cOIn piled iHll1U;:dly by the.FBI t1 (' Uniform CTI1J1e RepD1ts (LT_ t ofjJlstice (DOll based on datil . of the lJ S DepaJ'lmen. . .' l" under the ilUSplces . . '1' .. ies t-llfollghout the Urllled Sl-'-Ites. e' If: noo po Ke agene V' f 1 I OV I J, stlbmitlec1Y : f 'me is the National CrimE' lC llll-I vernment rneaSUIC 0 cn . f 1 t" St The secane go . l' I' ·llclllCtecl by the Bureau (l JlS ICe, ;1, t'lon Survey (NCVS), W lIe 1 IS co Iza ) tistics (6JS), Cllso h,r the DO . L
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UIi{orm Crime R{~porls
: .
's the oldesl and best-known soUTce ol,cr~llle The Uniform Lnme Reports 1 . ..-l·ng Ihe number of cmnl1lClI . '19~O the FBI bcg;m recOWI ... ~. k to the pl.Jlice include those S tatistics."Starling .III tl ~,. r " CnllleS .!lOwn offenses known to 1e po lce. I f f ' . '5 'r discovered by them through , t· . bserved )y {) . iCE I l . relJorted by VIC nIlS or 0 B f the nn.I'OTlty (over 90 PN~ , I" . 1 t'ng operatlol!S. V ar < proa.ctlVe po Icmg anc Sl -I' 1'1 ;: number of offenses reported III . ted to tlle po ICe. 1,cent) are cnmes repor ... . if r wl1ich lIO one i~ arrested. . . ' 1clildes comes ) the FBI by poIIce agencies 11 . ' C1l"ecl fwm the UCR relate to the mThe best-known sllmmary rlatn prelP;< t I ol·j·('nse s They are (ClUed index Iso known as.· ar " ,. f · I dex crimes, w IHC 1 are a,. . - I ' I'e 11sed tn inc1icnte the level n ·I ~s III their nUlll )el a. .. ,, ., --l to prnclilce a crime rate. I he crimes because c lange. 'I f These dalCi arE' useu _. . , . , cnme 111 t 1e na lOll. .' . I 'I 'ven clffellses occur Hl a cerlam , If' Y With w lIL' 1 gJ , ,crime rate 15 t 1e lequenc. II ye"r Index crimE'S include .f t' enod L1sua y one (~. place over a specl lC lme p -, I" I lor forcible rape robbery, agg r ;1, , I - ligent. TnanS aug 1 L , hOTInnde ane TloTlneg ] . fl I )r vehicle theft and arson. '.. I . 1 ry larceny lle . n1(l ( b I a _' c. I .11,el' c'.I·ilnes are classlflec ;-15. vated assau I, wg . 1 ,.' s twellty- wo o. In addition to mc ex ClImE'. , . I x offenses contain sevPfed 01 ' r gly these IlO!111lC e, ., . ' . Part n offenses. 111 Ieles In , . . It 'J very seriol1s, includllig . t1 I some llllg l conS1U er ' the white-col I ar cmnes TI also include drllg nffenses, prllsfraud embezzlement, and fOlgery. ley . , , ct property nffenses. titutioll and VICe,;:In S~)llle _ _ I wesenting these lbt
,
.., ,
L
. ,
L
I
:(1. '-.-
.
52
ESSI'llfinl Criminology
The actuql number of crimes known to the police has been rlroulld million per year since ](J9(J (compare Ihe early 19605, when it was around 3.5 miJlion per year). Arresl rate data are less helpful in assessing cri11le rates since their purpose is to document who police arrest. Consequently, they have been used to obtain charactedstics of offenders. Those who are disproportioncllely alTested are young, malE', and African American, but this tells us little aboul the characteristics of who commits Ihese crilnes since arrests are such a small proporfion of crimes known to police. The police provide the FI3f wilh lJlnnthly data on the number of crimes "cleared by arrest." A clean"d criuw means that a person is (lrrested and charged wilh the crime or a suspect is idf:'ntified hut physical arrest is iOIpossible (dlle to dei'llh, offender leaving thl" counlry, etc.).
"villi llie UC!,
<-I
>
CrinIf' Rate and UCR Crime Trends As mentioned previously, the crime rate is based nn data provided in the UCR. A crime trend is the slilndardized measure flf the crime rate plotted on a graph Over il period uf yeafs. 11 is necessary to calculate crime rates (lnd crimE' IrE'nds bas('d on ratios of the population in a given area to enSlfre thal crime counts du not increase or decrease solely as a result of changes in population in one yf'iU compared to another. If CI certain area has a population expansion, the use of raw crinl(-' data is likely 10 result in recording more crime simply because there are more people in the area. Furthermore, WiU101lt siandardizatillll it would be impossible 10 compare tile crime Tates of cities \vith each other or with the crime rales of rural towns and Villages, lei aJone \vith the crime rilles of differenl nations of val;Olls sizes. Till" snlutinn to this problem is 10 work out the crime rate per unit 0/ pOpul,ltiou; "lOO,OOn peopJe" has been selected for statislical convenience, sinCE' calcuJilling Ihe more convenlillnal percentage rille wOllld produce less than \,vhole nwnhers. The standnrdized crime rate is tllf'lI '·alndo/ed by the fonlllrJi'l: Crirw
Hili? - ('rillll's
known 10 illI' I!olin~ TlOO,OnO
/i''Cil {loflll/a/ iOIl
Unfortunately, once such di'lla have bern produced and gmphically presented, the tendency is 10r speculation to begin. This speculation seeks to explain the changes and includE'S everything from climate, iillllligratiOll, ilnd changes in age cohort.'; (pspecially the bahy boom generation) to crimE' control policies by variofls pnlificill porties. Nearly always forgotten in this process is the Simple filet thilt the dotil represent crimps reporled In Ihe policp. ,Sincr', ilS we shall spp 1
Fro/del/I::; L ., ' ,_ '."ltUClI lrublems with lbe lK'l, have IIC)'I)K) First the UCR ull.ly re5 V '-'ral methodologICal diid L:UlIll"\IArl e ' (V·t L t~· ."] ,Ull 'vi SUll, 0',. " d' I ·,dentified . 1 0, a Ess, , < . . . .'1" I'lever reported or . 151(;e " U . l" ~e !VIi:lJlV Crimes I:Jecl crimes known to 1.12 Pll',IIL:... . ~p' orled crime i:;; cOlmnonl. y re1erred l" ;' agencIes liS Ullll.:: . [ ",\Iered bY po .IU:: '·1 'dd C ; I:' ''''''ll''enc "lllle " 'l'I1ere are wany reasuns W I Y , J as the' da.rJ... 19,ure ur II ' .. I'esponcleIlts to vlcllOllzatHJn l. < . l~ I about a cnmes. '\. f _. the police dl) not ...nov\ . . I ter reveal the following reasons ~I ::;Ufveys, which we ~hall exam:~ne ')a nc;thin. \~llllid be done, ancl (3) v~c nonreporling: (1) prIvate ma~ter, ~-) . 'h tn 170tHy the authorities (see Flg~ t ·'lllS may be embarrassed an. I~O WIS. I ,.1 t't'lnale--.not unly feel the " 1 . 'vlCtrnls·-'llld t:' dl l . I ure 2.3). For exa.mp e, lape I. b"l-'Inllled to adlnit tu the VIO. a, ' t p~rsnnal Jut may e (;) , .' . . '. II t' ,' r' 'lr' blC1sec. . I ~ ", ne.tl'II)' found Ulilt J1 vlclullS r ,'llier . Is pnva e or .1 S . linn or may feel Ul
f l
1 iI !
...
•
'
..
• • • •
tions of rape. . "l If -'lies Inav nul want tu go through ll Other victims who du lIut 1.eFl . .u It:.'. :::i,' S "lie victims may leel thai I· r· l the Illdll·lil maze. LUI f ... d the trouble 0 nego 1a lilt; I tll,~t w'lslost or clpprel1ell . 'bl t r'c wer prollt'r y e o , .. the police WIll be lIlld e 0 e, \ .: I. "11 from the offender. Some VlC. S 'II . tl rs IHay tear retd ld IU I . the offender. bOle . ' ..1' ~ .~ _ :leserves a second C lance. ff 1"1 "f ur teel t Ie pel :::>un l ., " I bms lTlay know t 1e 0 el l e_ , .' _"1 bI:> amount of crime WIll always For these and olher reasons, d Lun:::;]l era ~ c remain unkno\vn to Ule poli~e. . ' . I' . ff "ls his or her propensity :> oj the v]CUm d ~,u ,1 .t'L ., '... . I - ,l Impurtantly, l, 1(;' na LJr~ . NCVS I 'Hldl,';,; dl"t' JllOre lIkely Iu Ielo ["l'purt crimes. Accurdlllg to th\.' '1' "I:. l", II"(: more likely 10 milLe IL''·1 ' I ~' tho:'.l' UVl'r t Hrty- 1 Vl < . , 1. I ' port crHneS t lan I1lJ t'S,., ',,' Ivin' lJUl1ll'S havIllg 1115 It't I . 1 "er dlld cnUIl':::; 111\ U H , . . _ I ' florts than 110se YOUl ,~ . , , '-t I tlla'i tIH):,e aHedUlg lUIlIes .~ l"kt'ly to be rep,'I el c . • _ " ProlJerty values are mOle I .., I Ille more violent the crIme .' (BjS 1993 32), In genel d , , ." \v1111 lower values , \ ' . _bile theft IS also a hIghly It' 'k I . . t' 1 reported. I- utCHllU ." I 'I the more h 'e y It IS 0 1e . . I .... 'I I,s.e of insurance, W 11(" 1 l t1le Wll l;'~pledt . J y l I ue u. . .' Ilorted crime {proI1aII , .",.. ·t to obLlIn CUlllpell~dtlUllJ. ,I' , dellldnds d po Ice lepUI I 11 ' UCI~ Jelta is lilat pu Ice (eAnother methodolugical prubl~lJ.l.'vV11,1 /~ . -ific Tillieb. [,'or example, . I· Inay use differing delllullllll:::> Il ::.ptL: l. par ,:1l1ell::; < I
',c,
•
'vV!lIll Is Crime? FJl~lJ!~E 1.3
WIlY Peuple Fdil [u Repud Crillles tu the J-'uJice
lvIosl frequelll reasolls/or nol reporting to lite police
('rime
Private or personal matter"" 1801 Pnli,ce inefficient, ineffedi~e, blased: 13%
0;" ·JI Ie Illust cummon reasuns fu~ lllJt reporting violent Cr'lmes to the police are tha.t the crimt! was a personal or private maHer and that the offeIlder Was
Offender lJllsuccessful,°' 13% Object n~covered, offe;lder unsuccessfuL 19% LlCk of proof, 13% Pulice would not Want to be bothered, 11 %, Aggr;]v;]ted assdldl ~___ _ SillllJI~ absa I~~
not successful,
Pri~ate or personal matter, 22'% OHender unsuccessful, 16%, __~:dck of proof, 9%
r·rlVate 01' personal matter, 26';{,". ~ Offender llIlsllccessfu l, J 9°/" to another ofJiddl, 13%
Personal larceny Object recovered, offender unwith contact successful,25% l.ack of proof, 22% Police would nol want to be bothered, 11 %
The rHOstl.:UllllllOfl reasons for not reporting thefts are Ulal the object
Pe~s-I;ll'(~J'lan.:er;;ly;;-rO;;:I~,·~,~t----;I---) ec recoveree, offender unwilhout con-
tact
was recovered or the offender was unsuccessful the tlleft was reported to' anuUler official, ilnd Jack
successful,280/',
I'\L'por l e d- to another uWci,d, I/3'X, Lack of 11 oj,-,
r~~lWiiA:~~m!Kir~ylii!llj
13llrglary
of proof.
Object recovered, offender unsllccessful,24 f
;;,
"lCk of proof, J1°/', Not iHVil[l:' crime occurred until !.Jte[~ ]F;;j
J
Object recovered, offende~: un-
stlccessftd, 31 % Pulice would not want (u be bllthered, 12%, Luck Cit' proof, n %
<
The mu::;1 COilUllon reasons that victims of household crimes did not report to tlle police are beea use the object was re-
covered or the offender l~as unsuccessful, the pollee would not want to be bothered, and lack of proof.
55
Skg d (IY95) reported one ~tudy find~ng that Los Angeles had d much higher incidence of rape than Boston. Figures for 1980 reveal lhat Buston had a rape rate of 29.0 per lOn/JOD, whereas Los Angeles had a rate of 75.4 per 100,000. This lligher rale resulted from the Los Angeles police department reporting rapes, attempted rapes, and sexual assaults, whereas Boston police recorded only completed rapes. By 1992, these data had draillatically reversed, with Boston reporting a rate uf 93,7 and Los Angeles a rate of 51.8 per ]00,000. Did this mean that Boston had become a city where a person is more than twice as likely to be raped as in Los Angeles, Iovhereas the reverse was true twelve years earlier, or did the switch reflect changing definitions of crime used by the police? In addition to definitional problems, different departmenls use various methods of recording crimes. Many police departments recorded a huge increase in the number of crimes once they began to rely un computerized record keeping. Obviously, the numbers of criminal acts did not increase as dramatically as tile records indicated; tile police sinlply became Illore accurate WiUl keeping data. Conversely, it can be expected that errors will be made with recording and reporting crime data, Third, a mare sinister explanation for changes in crime riJtes i::; that police agencies may deliberately alter crime data to improve their Jepart~ ment's reported clear-up rate. They can do this by fdiling: ttl COllllt dmbiguous or lesser offenses, lowering the value of goods stolen below the level necessary for the offense to be counted as an indcA crime, and counting multiple offenses by single offenders as one offense. Indeed, if multiple crimes afe committed during the same incidenl, the FBI only counts the most serious offense. Thus, if a person is abducted at knifepoint, raped, amI thea murdered, only the homicide will show Lip in the index crimes-assuming of course that the offenses are reported. Other problems associated with the LlCR include Ule fact that not all police departments submit reports, that incomplete acts are counted as completed acts, that the FBI does not include federal crimes in its estimat8 (because tht::se are not categorized as illdex offenses), and that the FBI uses foreca:;t::; in its total crirne projection. l~inally, and serioLlsly rnislt::aJing, is that the LlCR only report street crime or offenses that we earlier described as direct individual crimes. Crimes committed by white~c\)llar criminals or collective indirect offenders are not recorded. Examples would include crimes by corporations, such as price-fixing; health and safety violations; and environmental, political, and state crimes. Perhaps for obviolls reasons, crimes by goverarnents are nol recurded either, even though the viclims can sulfer serious injury and death, nul to mention human rights and privacy violations.
56 Essential Crbl1ilwlogy
Who/Is Crime?
. As a result of these weaknessemdex to actual crimes committed ~I any.attempt to equate the UCR crill 1 IvIessersclunidt ([1991J 1995 38) 1.5 sUi~Ject to serious error. As Beirne a e t 11 ' , no Ie The VCR' 'C' Od ua y ffilsrepresents the. . 5 nme Index Total' 't fO. CDme rale In any . v BCI e Igure for public and d" g1 en year. It is an FBI COm me la COnsumpl' [h' pos~ . no attempt is made to d' t' ,1 Ion w leh] ... misleads bec~: . . IS mgUlS 1 offenses b .'" 3Use an mcrease In serious crime I ' Yseventy. The result is th- t in larceny, yet "the Crime In'dSu~~ as 1murder, cvuld b.e offset by a decrea a , d ex -lota would I 1 se marne constant" (1995 38) 5 lOW t le cnme rate' had In 1989 the FBI modified' the llUi ' methodologIcal problems (FBI 1992. ~n. an eff~r~ _~o remedy some of the m. are accurate and unifo 'rh ) ~nme defmItwns were revised to b t' I rm, e major d e rona Incident-Based R ' lange Was a switch to the N eportmg Syst (NIB a~o 1:re,s the reporting of each i . e,m r~S), This new system inIndIVIdual arrest. FurtIl ndlvldual en me incident and ec> 1 th F ermore twent}T t ' uC 1 e BI calls Group A offe _ " - WO CTImes now make up What tenses, Importantly thO nses as.opposed to the previous eight Part I ( ' IS group Includ . 0Su cl1 as bribery, counterfeitin df es several white-collar offenses extortion and blackmail f gdan orgery, drug offenses, embezzlement' rau fenses, the name given to' a ,adnd pornographic offenses, Group B of~ . seCOn grou f ' nous than the old Part II . P 0 cnmes, are now milch less se CrImes and in 1 d ' ~ a,s curfew violations, runawa s Ii c u ~ ml~or status offenses, stich tIon, tile hierarchy rule is 1 y I'. ~Ilor law VIOlatIOns, and so on, In add'a so e Immated Tl h I counte d~not just the most . _ ,lU5 eae offense committed is Th senous one ese dlanges represent tile first ll1a'~. ~e~rs, ,Unfortunately, partiall r due t J 1 IevISlOn to the LEeR in over fifty tIclpatlon, many or" the new ~han 0 the voluntary nature of police par~~lrthermo"re, these changes do n~:s ~~~e llot been fully implemented, lts,ted prevIously. a less all of tile serious problems fhe changes came abo t' I' I Ion d ata,"Itself a responseU tIn"part as. a resu It 0:I tle success of victimiza" a recurrmg c'r ", I I onpo lee records omit a 'dark fiuI'" l~ ICIsm tlat offense data based to the police" (Blumstein C -1 g e of cnme that victims do not report , a len, and Rosenfeld 1991, 238). t
J
'J
•
•
"
Victimization Surve1 5' Tl ~ . '. _ ~. (NCVS) Y, lr NatlUllal Crmlc VictiJ/lizalioJI Survey The second offic' I . - . 5 , l a llieasure ul crime ", li _> N" ., . urvey (NCVS), TIlis study wa . f. t _IS 1e dtJunal Cnme Victimizatiun survey of _ ti ltS conduded in luI 197'1 1 ' a representative sam 1- f U _ _ _ y -, tiS a general Whether persons respOnding P ,c °u .. S. huusehulds designed to find (Jut been a victim of a violellt ' 01 0 ler persons in their household 118V or property , , , , e cnme In tile peliud covered by the
57
The National Academy of Sciences is responsible for evaluation, and sampling strategies, but the actual surveys are conducted by ann the US, Bureau of the Census. The surveys are designed to provide a different way to measure in the United States. Unlike the HCR, which rely on data provoluntarily by police agencies, this national survey tries to deterthe proportion of crime victims among the general population and record their experiences. The specific research methodology employed is a "stratified multi-stage cluster sample" (Hagan 1993). means that a sampling frame is developed from 2,000 primary sampling geographic areas (these are standard metropolitan statistical areaS, counties, or small groups of contiguous counties), From these primary populat~~n areas, "clusters': are creat:d based on size, density, population moblIttYr and other soclOeconomlC factors, A total of 376 clusters are created, covering the entire United States, Then one primary unit is chosen from each cluster, using a selection process \vhereby each unit has an equal chance of being selected, Next, every fourth household is selected from the chosen unit. Theoretically, using this sophisticated research design, every household in the country has illl equal chemce of being selected. Once a household is selected for inclusion in the survey, it becomes part of a "paneL" The annual sample of households has increased since the early surveys. OIle person from each of these households is interviewed at six-month intervals, Each month, around 10,000 households are intervie\ved, Each household remains part of the study for three years, but each month new households are added Bnc1 three-year-old ones are replaced. Once a household is selected, an interview is conducted by a person from the Census Bureau, These thirty-minute interviews include screening questions (to determine if victimization occurred) and incident reports. Usually, only one person from each household (anyone competent and over twelve years of age) is interviewed. After the first face-to-face interview, a combination of telephone and personal contact methods are used for Ule next three years, As in the UCR, only certain crimes are measured by the NCVS, These are classified rlS either "personal" or "household" and include rape, robbery (personal), assault (aggravated and simple), household burglary, larceny (personal and household), and motor vehicle theft, Unlike the UCR, the NCVS also collects information on victim characteristics sudr as age, gender, race/ ethnicity, education, and income, One of the most interesting findings of the NCVS is who is most likely to be victimized (see Figure 2.5), Rather than the stereotypical
58
Esspntial CrillllllOlogy
59
What Is Crime?
fearful elderly white female, the fE'alily is that teenage African Ameri~': can males afe the most likely to be Violently victimized; and elderly: whitl:~ females, the least. For personal theft, the highest victimizatiun'. rates are for teenage white mAles and young adult A frican American males (8]5 1993,20),
"
•
5 Re orted to 11112 police
p["uportloll of Cnme.
.
. . , "Hvolving large losses me
p
Property CrlTIles
~m".o:":..o:Of"-,,:,,,,-,,~'e:':F::m:.:'t::"::I~-::==-
arc morc oftcH IC-
10m;,
Perhaps JIlost disturbing is that more than two in five African American males will become victims of violent crime ill least three times OVer the course of their life, i'lnd U1e lifetime risk of homicide for African American males is ] in 30, compared to 1 in 179 for white males, I in 132 for African AmeriCClfl females, and] in 495 for white females (B]S 1988). Finally, although the NCVS also cannot provide much information abollt the characteristics of offenders-especially for property crimes when no face-to-face contact occurs-it does give some insight on inter_ personal violent crimes. Tlie information shows that 60 percent o[ violent crimes were cOJllmitted by strAngers, but that in the nonstranger category 66 percent o[ olJenders were related or well-known to the Victim, with boyfri(~l1d/gir1friellc1 and spouse/ex-spouse topping the list. \Nomen are victimizPd by fnmily violence at three times the rate of men. In mosl cases, \'idilllS of completed acts of violence are the same race as their offendel~ with 75 percent of white victims being victimized by whites and 86 percent of African Americans being vicl imizecl by African Amencnns (8]51994,290),
Comparing the UCR and NCVS data provides i'ln instructive exerc'ise about how statistical information on crime can be misleading. Part of the explanation for this discrepancy stems from the considerable variation betvveen research methodologies employed by the 1.1CR and NCVS. There is also an ongOing debate among criminologists ilS to whether the l.lCR and NCVS reHecl similar trends in crime rates (see Blumstein, Cohen, and Rosenfeld 1992; McDowall and Loftin 1992). Two primary differences are that the NCVS crime rates are higher and reflect greater covariance CMcDmvAll
_
Completed erimes MollJr v~hicle theft (92)
Burglary with forcible entry 1.76} Ro1Ju"ry. completed (70) Aggravated assault (69) -Robbery (61) " pur~e snatching (58)
t- d J,,,'rilvateJ ,\tkll1]J
€
~;;ilult (5B)
I{ilbb"ry. cOlllpleted (5'1)
Simpl.: assault (52)
Burglary, Ull1aw 1'u I entry without force (45) ;~"~IlY ~vithout contact for $50 persona ll ""'-
Attempted robbery ('J3)
or more (42)
Alh.'lllpit'd ~im!-,Ie
Hou~<;hold
a~5aull(39}
'-50 or more (36) larceny f or:l>-
f\tteJl\f-'kd robbery (29)
pocket picking (24)
Similar results On victimization have been found internationally and, nlthough not directly comparable to the situation in the Unifpd St",tes, heir plilce victim/z,llion data in a wider context UouLsen ]qq4).
What the HeR and NCVS Tell About Crime Trends
t
Pe1'50nallarceny without contact for less
1
than $50 (15) $50 (13) Household larceny for less t.han.
I
0%
Percent reported
au;;'
Percent reported
. , _ tao-es were not 1997 reportmg pt::rcen O ' E' For some types of violent ~nme, ..- red By definition, atlemp.ted asNUT -. t the vicltn1 was lllJU. _ d 1 the pollee. (l\'ailable by. whetl~e~ ~r l~~ 1992, 53% of all rapes were repurle a SJults are Wttlwut lnJu Y: . _ Statistics (1993, p. 31). SOURCE: Bureau of Jus t lee .
I
f
I I
-I-lips (Menard t' "i weak or even .It1ver~e re IatOll::; . .. f
GlIll::'r research has LlunL and 1985i Messnet r1_ . .0' ce between \e
Cove~
~9NS~·VS and
L1CI< suggests "the Pilosa-Snl~l~%t~l (McDowa L of alternative
Sll~~~~:~~ti:~ bias in on.e or ~~btl:l.~lv·~~~ ~~e~~~lc~:velopment 199'2, 131). In pal, tlus . 't
crillll! measures.
<.
POSS! 1 I _
• _
11
6}
What 60
ES~t'l1tilil
'I '
,
.
llL 11/l/2/1/I011
Ie
rates
~:;;;;;i7{;::;;-::-::-=-=::':'~ - -fa -are highest f!Ie)' -,(t lilli's .
11" it'S I v' I 0
10 enl
-
oS!:,,\
[Ji:'rSOIwl
'"n"gcrs "'I'I yonng a
Victimization cate e I
v'IdmllzatlOl1 " -' , rate per] Of)U'
p r ,000 persons
125 _
Of
r
j)ersons
-,"c,
1:!5
Ttt!UilB" whik !tt~l"" (106)
Jie"",ig"
wlul" iemale"
-
(91)
t',.,Ullg
,ldull ",hit" males(89) lUll"!;
T",elldg" tJl'lCk lll'l!';" (ill)
le"liole~ (78)
T""J1dg~ wJ"1e lellJ1'h.!' 1"",.,10.0" ,
\.'("W" (6") "dult l>hd'i , - - eJndl",
-r""""I;" l>ldd. females (06)
(55)
\olmg aduH wl,il" tll,1les (51)
Adult WI"I"
Yuu"I;; adull whit<.
[t:",,,f,-,~ (-1131
-Adull L,j'ld:
llIide~ (5~i
Adull ",j,ik males I:U)
femalb (8) - -A,J"lIl,I",.1
'".d,," (J'lJ Fl.J"r1y \.... hik
A,Adult willi" trlal""J (Ill!
dull
EIJ<,lly 'vhHe
n,,,],~~ i,61
EJJ~rjy ',"Illl~ l,"rnaJe~ (3)
,
lJ
I
li!I"dle~
1)1l)
wJH(,~ i~nlil.l"5 (15)'
Ad"lt IJldd i"llldles (IJ) :!J~r1r bl", '~- 1Il,,1~5 {!'}
Ekh.rJ ,bl' - . . \
I.'l,kdy w)"I,; 'lOdles(15)-
E1Jt:dy 1,1".+ males OJ!
-I
"cLlel1'.1l<:5 (lU)
I:J,J",ly bJ,lJ· female~ 10')
louDPl Q ( l-I II lr' :;: age 20 2.J
Adull;;::: 311 h4 ElderJ\, - "J-' . -, J:;e 65 and uver (r'!~!j,
f',
20).
al. corporate 1990). Dataeton and g,overnrllCll1 crime Me available frol11 official sources such as lederal regula lory agencies and arc another source of crime mE'f1su thal supplement thust' we have already discussed (Beirne res aud Messerschmidt [1991] 19CJ5, 48; Clinard and Yeager 1(80). Other official agencies also cn l1l pile victim rlata, such as the Centers for Disease Control (l'DC)' ,1 ~(lvernlJlellt-spOns( Ired pl1hllc health organization.
Independent Crill1e Measures
fJmblel/ls 'mil-lillie NC\lS
Like the, LIef, with .. " ..t1 1(' NCVS aJ::;ul1,r . . ',r tltt: u:;,e oJ respu I , s LlldL..,. InHIJcdll1 .' .. fhe bllllllstein ,111<1 lies ~::-;L:;' at work in NCVS"Jd{E:'~ ",. . '.' -, 6) noted, art' locall'd primarily
IIledSUrelJlentpll;~~nl~,
respondents: their identilication of some events as crimes, their to recall crime events accurately, and their willingnesS to report events In the survey staff." Thus the results of victimization surveys '011 be conJ,Hninnted by the respnl\dent exaggerating the crime, being U abl iI, or forgetting Information. One cornm on memory probllil involves recalling the time the crime was committed, which can rein teleseuping, This occms when events happening over a longer lin,e frame are collapsed into a shorter one. There is also a class bias shown by respondents, some ol whom who may not relate well to middle-class interviewers or surveys in general (Sparks 1(81). Cril 01 vielinlization surveys alsn raise several other conceptual and ics methodological problems with their ability to measure crime, which can lead to under- or overestimates 01 crime, especially corporate and whitero crime Four categories of omission can lead to underestimates: (11 llar victimless crimes are omilled be,'anse the offenders are the victims and will not lil,ely report on themselves; (2) underage victims are omitted becao children uuder twelve, who may be subiect to child abuse and se dOlnestic violence, are not interviewed in 1110 survey; (3) abstract other vidim such as the state and the general public may be victimized but no s individual will report this as a personal or household crime; and (4) unknowing victimS such as corporations slIbi eet to employee embezzlement or individuals or the general public s"bi ed to corporate frand, laully product mi\nufacture, price-fixing, or pollution are unlikely to report these, not least beca nsp colleclive organizations or groupS are not the unit nl analysis. lntern"tionally, the French victimization survey is the nnly one to I1lnve the scupc of victimization beyond traditional crimes to include "abuse of power, collective victimization or the victims of 'modern' offenses (such as environmental Clime and economic crime)" by covering businesses and the abuses resulting from the violation nl elnployment regulations and CllIlSmner law (lnnisen 1994,6; buber lTliHlil
II
NOTE·T . ,eel1age -":: age J 2- J 9
S(lURCF' ~. 81 ]feelll ot'Juslice . "c>t-d t'lsl]c,.;
c'rin1l'?
C-'rillliliology
FIGUHE')5 I'J . -, _1 ,~lJj)()Ud uf Vidimizar Black mall' leeJlsl1ave II ,}' } iun b,Y Age, Race, ilnd "! .
J.<:;
c"lIed~~e~I:~'J~;;;II'I'llt:JlCY
So fill', we have only rliscu5Sed ull-lei'll] measures of crime. iYhlCh of our Imowledge aboul however. ((>flIes from independent researchers ill divpr,o:e tliscipl"I'W.C,. \11 \iver~-l! y n's~'(IJThprs h<-we (l lOllg history of nlt"il-
c~i1\le,
62
suring crime patterns and rates. The dominant methods employed are self-report surveys; participant observation studies; and LUlObtrusive::C' measures using historical, documentary, and comparative data. Several problems confront researchers using anyone of these measures to study crime, not least because the subjects wish to keep their crime a secret.
Selj'Report Studies
63
Who I Is Crillw?
Essential Criminology
-re orl: studies is that condnct.ed annually 11 of the best executee~ self P", l'S Institute for SOCIal ReS€C1TCh 0K .el 9"/5 by the UniverSIty of lvilclll g m " I (ISR 19 Q4). These data Clre . 'C S l' 1 chool stu d en s 5U on drug use by U" " 11g 15 I "" I youths will admit to using some lex and involve the extent to:~ l.lC ~ end~ on the prevailing climate comP' them other• ones. IIus l ep "r"- t\'pes of drug use t1S tances rather < I din over speu h. . 50 < al panIc" depided In t 1€ me r I" t" (\ 1 Y ll~e substitution of "f "]1101'< . Iso camp ICCI e 1 .• . "(5 rre tt o~ "1(97) . . The figures are a , f "tl ose "1'0" ut which much .15 . 1. . k lOwn D1 1 " ilhnut which not-.Img IS r. d r '10h LISe trends might reflect suUt15"lal1l'e5 _. . lecreasmg V11. Thus increasIllg 01 l , " . : > ' towflrd certain substances or kilO' es in publicly expressed atlltudes. ndocumenlf'd substances. Use chang ,,; in use between documE'nted 11 d f "harder" clTLlgs is much change . . 1 o-er quantItIes, an a '9 ) 0Q. , higher frequencies, I~ arb· .". utlis (J ,anier and McC cHtlly] 0 at common among .yoe geogrAphic lOCAtions (Lanier, 111m "" pattern is conSIstent In ( lVt'TS and t IlIS , L
(1
With self-reports, researchers invite a random sample of the general pOJYulation to voluntarily and anonymously describe any criminal or deviant acts in which they have participated during a set time frame, typically in the "last year" or in the "last month." The idea is to get people to admit to offenses Hlat they have committed. The most common method of acqUir_ ing this information is Uuough anonymous questionnaires; alUlOugh person-to-person interviews are also used. The classic self-report study Was conducted by James Wallerstein and Clement Wyle (1947), who asked a sample of 1,698 New Yorkers whether they had ever committed any of forty-nine offenses listed in a queslionnaire. The subjects were screened to exclude any with prior criminal records, and still 99 percent admitted to at least one of the offenses. Although this study Was crude, it unveiled the fact that rather than being committed by a small minority, crime W.1S prevalent among the whole population. Self-report data have subsequently indicated that most adults have committed acts for which they could be incarcerated, Some of the more commonly reported offenses nrC' larceny, indecency, and tax eVAsion (Gabor] 994). Most self-report shldies have been conducted on youths, typicalJy with sample sizes of 500 to 3,000. The overriding conclusion of these studies is that upward of 90 percent of juveniles admit to delinquent and criminal activities. IVIarlin Golet one of the founders of the self-report method for delinquency, pointed out that "if Social science demonstrates empirically that
.
.a~ld
or~
I,ncalc~rflt~~d
Clemente, anc~ HO,rml 1991). S se1£-re, ort studies have sevewl rnethodl ike victirrllzalJoIl survey,}, I r \ cted all inc1ivichwls, generally 1I ' _ ' I g, ical weaknesses. '1'1 ley a re . on y cone tl I) e of the few natIOnal surveys o JJ dI Iy With YOll lS. . n . _. " pecific areas, an arge . I v tI, Survey. Because the vano"us 1Il 5 , (1983) NatlOna ,ou Off" It I is Elliott and Ageton s ." _ ur oses, their results are cIt lC':1 ,0 veys have different ong1l1s and Plf p. t studies' replication, rehabIlOther questions concern crill1e" Tirey suffer I"t and validity, such as thell ,ac~L. YI",",n slirveys in lhiltlhey i11sn may y ' l f vlctlmlza I . , _ , similar problems t? 11Ose. ()J r· etfuiliess, irlv81llion, and lelescopUlg. involve exaggerat1oll, lylllg, fa gl"I'1 by the practice ill some stuehes of ., It' . nlnde more I ( l Y These dlfflCU . res ,are ' 1 'I\wir tiDle find trouble! ., . paying parliClpat1l1g YOl~~h~ f(] e a cross-sectional research deSIgn. 11115, Some self-report studIes us . t "In time with one sample of --I '. . -1 Iclef! at one pom . 't means that the stUUY.15 cunt \. . ' . - ys use what is known as a long] u" Otl self- re l,orl SUI ve , . I d "n lhe populatlO11: ler, tl S rvey which uses n pane eSIg. dinal design. '1'he NatIOnal You 1. ~~rvie~ec1 at several points in lime, whereby the same reSp~Jlc1~l1ts are;n Another eXi1;nr le of this tecJlTIiqllP . an examp Ie of a longllmhJlcd stile y. 1S is thp cohort study,
:~~,pare"
Cohort Studies
~~a:rein°~I~asuriJlg
.' . seflrch techniques lIsed ' I ~illle-cOnSllIlIlJlg re. ( , .\" One of the most expenSIve a~l(. . tl" " ('phorl study. It is a lonptm I' s rs known as Ie. . . 'I by independent reseorcIler ' j " I" "II als is followed unb a (cr, "1111' 0 . Inc WH I, " I nal study W> whIch the sam~ grc - - . d the Inrticipanls are regular y " tllc research peno , , . ' , . 'petain age. DUfing . , .. '1 or theIr vldmllZ
64
ESSI_"lfiall'rillliJlology
and colleagues (1972), a study of 9,945 Philadelphia boys born in ]945. At eighteen yf'ars of age, 3.3 pefclml of these boys had been arrested at least once for an offense more seriollS than a lrilffic violation. Importantly, of those with at least one arrest, ~4 percent had bpen arrested for two Or more offenses. Replications nr these studies have revealed similar results ('fracy, Wolfgang, alld Figlio 1985, 1990). Obviously, the reslI.!ts cd these studies have implications for criminal juslice policy, but the studies are not without their critics. Again, because the studies focus 011 individuals, their scope is severely limited; more emphasis is needed 011 corporate crime. Some indication of how much ernphasis is necessary Gln he seen in Sutherlrmd's (1949b) original finding, Of the seventy largest incluslricl1 (Inri merchandising corporations that he studied, all had alleast. Olle law violation over the "life careers of the corporations," unci 83 percent were responsible for 252 adverse decisions on charges of reslrllint of trade; indeed, lie
Qualitative Studies: Etlmography, Participant Ob,<::enJl1tioH, fllid blferuiews P,irticipalll ohservation is a method whereby researchers immerse themselves in the world of the criminal to study criminal activities and their meaning as an anthropcl!o,ljist studies a nonindustrial society. This type of research, which is one kind of ethnography, has a rich tradition, and many important insights have been g
65
What b (-'rime?
, (' l· stud of the hidden et:ullolllY uf dlllatellr f~ncy. , .. "Where ardhe detadeci I HenlY 5 111178J j ~88) -. 'r to fYIannmg s qlle~tI\lIl, . . . ~ oIT Moreover, 1I1 answe. , . f l ' _ dealing terror in fYhaml, ot In ' . ivleiczkowski's ra ,hies o[ murder In DetrOit, a l lUg ethllog ]" I ,'v' ("1989 S) we can noW pomt to galF ' S in Los Ange es~ 'I' ,'. ~ [')'tr'uit Williams's (1989, 1992) etlmogo In e -l _ _'_ , (-llJS8, 1994) stu d y 0 f- tvl·1 au (1992) stllC,.H:::S of drug' clea mg ' . 1 We f the crack house, and HageL urn ::. _0..
111('
T
raphyU
..
kee gangs. '., J"ra h because it provides an lfIsIght CriIllinology benefits Irum eU,lnO,g.. p,) ;thers and illem:;elves construct '1 which thuse \'>1 11) ldll l . into the. ways 11 . f I I· ·ts in which to live. If these expenences 1d ·'IS mearungu con ex I ' d and their war t1: t aeneralizations can 112 ma e can be L1ncler~lood.~o the ~xtent.d::c~n be en~cted to reduce the harms: trends call b.e Ide~trfle~'1~~1~n I~(:i~ justifies nut only in-depth studies. 01 that the actions cause. .1IS __ gl 't d'es of corporations and executIve street criminals but also ,1,n-d~ptlls u\ .~":collar corporate offenders" and u .. nahng anlon deCISion r , " 0 habItua _ _w t11 e L-l)rruption in agencies of goven~fI\enj"" ,-"Is,) '·IIL.I'lue standard inter.. ' v ·,t 1 es 0' ClIlllC IIllIJortantly, quahti:ll1 . e s LIe 1. . , . ter\'I'''''''5'' ill wInch the reI "d -nturglca 11\ '---"" views and unstructurel ra,ll, 01- encounter wit.h offenders to . t a'ts ·)nd pays a r e · f searcher scnp £ . tenclive social per onnance. ' . . .s,, f C ,laban thraug I 1
l
, .
1I
L
'
•
l
L
I I
!
~
~
L
•
" '
rate crime. . ,. 'l~ til interview can toco::; Illl a single indiFinally, the quahtatlVe- lll~l ep ., I _,_ "sic criminological biographt he baSIS for severa c a.." b 1 Tt ,r vidual am las een L" ci',.·'· ,1 The Pro1essiona, He) s OIlgllld "J " .,.les, .mc Iu ding Sutherlan iced case stUl _ .. .'., (1986) case study ap. 1-'"1 I ' ( l '174) and SteffellsllH:'lel S (l937), dnd . . . oc (ar:or - _E- _.' "-I fence d person who deals in proach t.u ethnography of the pro e~SlOl\d ,,st.olen property.
Summary ., " -.' d' -. --in' lilt:' lei.Jdl Jehn'll.iull of crime dlld ib We hq;dl\ llils Chdpt~1 by _ ISLUS:' ~.I.I.1 'f Time acrusS tiTne and cul. , 'tltlL' lor the valid 11 I Y II L . \ 1i1IlitdtionsI.ll aCCULlll 0 -II . r,-Is tied crime tu socleid. -,d t I . I ~onsensus leu :'.L . • • , I I tures. We then oo,e 3. 10\\ C . 't. te .1,·scLlss the cntlClSI1\S . . -I 'J'"-lltv 'vVeWl'll un II .• agreement about UmVL'1 ~d llllid _. . . . l ' )nflicl in society. We I b' tl - '" Ito S
bb
C:sselltial ('rilllilwlogy
highlighUng different bsues, nul least of which is the lIdlllre of hann itself. After exploring sume bocial constructiouist and poslmodernist alter~ natives, "ve explained Hagan's crime pyramid and Ulen offered a modi~ tied version lhmugh olJr prism of crime. The prisrll dimed at integrating Lhe range 01 difJerenL approaches previously discussed. We Ulen applied the prism concepl to lhe case of school violence. vVe concluded the iLional section by briel1y uutlining the l"vo kinds of crime emerging from lhis discussiun: thuse oj the powerful and the powerless. We noted empirical research Stlggesting that pO\ver nut only shapes the opportunity tu cUfmnit crimI:! but also a person's likelihood of getting arrested and convicted lor one killd of crime rather than another. Clearly one's defini_ tinn js ideulogically based. Despite this we do hiJve fairly accurate meaSures of crime and the means tu HledSUre crime. lIowever, several commentators have rnade the puint that measuring crime is neilher simple nor straighffonvard, not least because "crime statistics seldom, if evel~ speak for themselves. They require interpretation" (Hagan 1985, H6).lndeed, "crjlue (bla depend, to a certain extent, on the assumptions of Our lheories" (Lkirne and Messerschmidt [:I991J 1995,55), ]0 this chaptel~ We have seen that although harms against others can be quantified, this alune dues nlll enable us to draw conclusions without considerable
CdUtiO!l.
This chapler illustrated the difficulties .-I:>sucialed with Jefining and llledStlring crifllt'. Official govenUllent btatislit'S, rdying Olt quantitative lllethuds, provjJe one view of cdme. This vielN depends un vicbrns and pulice officers reporting crime accurulely. Aoide from the methodological problems, this approach to measuring crime is limited in that no understandittg of the social context js provided; nul' js a description of the jnterddions between Larget (victim), assailant, and the physical environment. Ethnographies, in contrast, provide a more complete view of crime. This research method of Len presents crime from the perspective of the crimincd. Ethnographies have a problem, however, in that it is difficult to generalizt: frOJll theln. What occurs in Dill' study cannot be said to be typical of uther offenders, even of offenders of the same [YP(~. Cities vary, people are different, Utile::. change, dnd 00 on. Thus Ule cntltext and meaning of one elhnogrclpl tic bllldy are not con tpletely a pplicclble to oUler people, 10cdtions, ur litlle::;. ELhllOgmphieb are superior for delineating causality. In the next ('hupter, we lurn our eXdmiIldtion tu theories about crime Cd usatiull and exarnine the ideas and analysb uf lhube who seek to explain why persons commit crimes.
\lV/lilt Is CrillJe?
67
Notes ~ I tLJ'I3 YoWl' Lea and Young'1984 , 55·, MichaJow::;ki 1985; I :iee also La len, .' , _ _. " r 1991. , . . an 1979)' Von Hirsch dnd J
Classical, Neoclassical, and Rationnl Choice Theories
3
Classical, Neoclassical, and Rational Choice Theories Cldssical theory was prevalent prior t d. " . . for the causes of crime, which did II ~ bJ1l~ ern. CrIn1Ul:dugy's search O. ~?ln untIl the luneteenth century. Classical theory did not 5 _ k but was a strategy for administ:~into.e~~ld11l~~hy people c~mmit crime JustIce du.:ordlIl g._' tu ratlOnal princiP Ies (.Garland 1985) . It was b aseu--' ong aSSum f l: I ing in seventeenth-century Euyop c d ' P I~~S lU\~t lO'vV people livg began to reject the traditional ide~' thu;m hIt' EJ~1JghleIl~lent era," tv ( 1 d..l .. a peap e Well' born Into social . ~e.s .e.g., an ell nobIlIty and serfs) with vastly diff t . 1 __ pnvIleges. Classical thinkers re laced '.. ' . -.. eren_ rIg lls and system with the then-radical nofion that:11SCl ~1e~ir~)cl_~ .ut, t.h~,leudal ca.ste equal rights. p~up e an.: mdIvlduals havl!1g 11
2
::l
Prior to the Enlightenment era durin' a ..' d justice was arbitrary, barbarous, 'and ha~ShP~:I~" .of a,L,,~olute monarchies, c~nfes~ions, and corporal punishments sU~h ~St:~:hlil:::;C)l.1 ~~rture )t.o coerc~ pI1lorymg were common. The death p It' P.J-lIl o ' f1ugglllg, and fenses, including petty theft -t . ena y was applIed to l1UmenlU::, of15')0 refon . b _ _ ' l ece.rtIoll, and poaching.Hovvever~even by nelS egan tu recognIze that t II J . _ . norms should be subject to I' . I _. _j .~:o. a - w l~ vlOlated SOCIety's poor and unemployed 'who ~:~~el tdll~ a1. IlIary pUnJshments. VVhile Ihe day's standards, in England and B~l s.un,,~e were treated harshly by tomade between tile deserving. .1 dgllun.or exanlple, a distinction \vas anl un eSerVUlg poor By the seventeenth century a major chan _.. philosophers recognized the _" .. " ge was takllig place. Utilitarian tern and saw mudl of the Pro~I:~~5a~l~.~:~:~~s o~ .t_he legcd and ~olit~cal sysand state -power. TIl'''I·! so·III t,· .., '-I 1 1llg t~um ot church ..... l,Jl was _eera 'mel el· "tJ.leJ eu.onlllty -consistent with emergino idea' 1: _ t h~ ~ J~t IUd relorIlt, 'which "vas S a )QU uman nghts dnd Individual freeo L
68
69
iL1Il1. They sought philosophical justification for reform in the changing L'onception of humans as freethinking individuals. People were reinvented ~5 rational and reasoning beings whose previously scorned individuality ',;'as noW declared superior. These ideas about the "new person" built on ~he naturalist and rationalist philosophy of Enlighterunent scholars such as Hutcheson, Hurne, i\-1ontesquieu, Voltaire, Locke, and Rousseau. Classical theory was originally a radical rather than a conservative concept because it opposed traditional ways, challenged the power of the slnte, was hereticill to tile orthodoxies of the Catholic Church, and glorified the common people (Williams and TvlcShane 1988). However, it was also conservative in that it sought to expand the scope of disciplinary punishment (although not its severity), having it apply to everyone, while ignoring the social conditions of the crime problem (Beirne and Messerschmidt 2000, 72; Garland 1997). The original concepts and ideals presented by the social philosophers Cesare Beccaria and Jeremy Bentham included such now familiar principles as innocent until proven gUilty, equality before the law, due process procedure, rules of evidence and testimony, curbs on a judge's discretionary power, the right to be judged by a jury of one's peers, individual deterrence, and equal punishment for equal crimes. These ideas were prevalent when the U.s. Declaration of Independence and the U.s. Constitution were written. They laid the basis of the modern U.S. legal system, shaping the practices of law enforcement and the operation of the courts. Thus anyone working in the criminal justice system needs to understand the origin of these principles and why they were deemed necessary. In this chapter, we outline the central theoretical ideas of classical theory and illustrate how classicism applies to contemporary crime and justice. Later in the chapter, we discuss theoretical extensions of classicism. These include early-nineteenth-century French neoclassicism, which revised the original ideals to take account of pragmatic difficulties, and the late-twentieth-century postclassical developments of the justice modet together with administrative criminology's theories of rational choice, situational choice, and routine activities. Finally, we consider the empirical support for classical and rational choice assumptions. Does research indicate that classical ideas are effective in practice? Tn our evaluation of thjs perspective, \-ve examine the empirical support for three key areas: (1) research on the deterrent effect of legal punjshments, including the death penalty, (2) the extent to which offenders make rational choice decisions prior to committing crime, and (3) the exl:ent to which rational choice precautions by rnlpIlti;:-1\ victims i1ffect the probability of subsequent victimization.
70
Classical, Neoclassical, and Ratiollal Choice Theories
The Prec1assical Era To fully ilppreci,-~Le classical thought, it is necessnry to understand the historical context in I;vhich it developed ?lnd, in particular, how humans viewed each other before the onset of classical thought. By the sixteenth century, several European societies had undergone considerable transformation from the feudal era. Political po\ver vvas consolidated in states whose monarchical rulers aspired 10 total domination. NIany rulers claimed to have special relations with deity, and they conducted their affairs with limited interference froIll representatives of the people (Smith ]967). People were born into positions of weCl]th and power, positions that they clnimed as their natural right. 'fhe law was the will of the powerful applied 10 the lower members of society. The administration of justice was based on inflicting pClin, humiliillioll, and disgrace to those accused of offenses. This occurred in spite of <'l grcHvth in scientific kncl\.vledge throughout Europe and was validated by 'the Church. Although the political and religions order of life in pre-seventeenthcentury Europe sounds fund[lmentally different from US. society today, some simil<'lrities were beginning to emerge. If still a class-based society, post-Renaissllnce Europe had broken froIll the rigid feudell order of the "ancient regime," in which a person's birth determined his or her place in life. By J 650, many governments adoptf.>d the nel"" mercantile system of trade, ("specially colonial trade monopoli{~s, and this paved the way for upward (nod downward) mobility. Humans (meaning men) were now seen as capedJ]e of making a difference to their life and situation through acts of \vill. I'he concept of "the individual" was thus born, with the highly revered qualities of rationality and intelligence. In sixteenth-century England, for example, the middle classes enjoyed considerable economic and social advancement. The state had divested feudal families of their land and middle-class land spc:>cldators were rewarded with land for their loyalty to the monarchy. As a result, the emerging middle class, or bourgeoisie (meaning those beneath the aristocrJcy), of merchants and traders rose to form a new power elite. This was at the expense of fanners, artisans, laborers, and the poor, many of whom became beggars and thieves. This polarization between wealth and povertywCls caused by a combination of events, including government-decreed fixed wages for the lower classes elt a time of massive price inflation; the decline of arable fanning and the shift to animal husbandry, particnbrly shepp farming; and the enclosure of common lands, which convprlE'd cropl[lnd Lo pasture, enabling q!1irker profits. The Acts of EJI~ closure deprived common people of their tradition"l right to use the l[lnd and declared Sllell Lise 10 be the crimes of poaching and theft. At the same time, urb;:mizntioll was accelerating and r'ities \\'cre growing, but also be~
71
coming crowded with the dispossessed poor. Families were often forced to share single-room houses. Urban dwellers who could not survive the lack of work, hungel~ and insecurity roamed from town to town as homeless vagabonds; others were forced, by sickness or misfortune, into an impoverished life of debauchery, begging, and theft. So grew a population that the rising merchant class and gentry referred to as "savages," "beasts," and "incorrigibles," in need of harsh discipline. This attitude contrasted to, and indeed conflicted with, the nonpunitive relief policies of the medieval monasteries. The problem of vagabondage as a constant feature of social life all over England had existed since 1520, but was especially rampant in the towns (Salgado 1972, 10). During this time the "idle and dangerous classes" swarmed into the towns in search of food and shelter. Hospitals and houses giving relief to the poor were seen as breeding grounds for those who became beggars, thieves, and drunkards. Rookeries of thieves among the slums threatened to envelop the metropolis in vice and crime: "Citizens found themselves besieged in their streets by the leper with his bell, the cripple with his deformities and the rogue with his fraudulent scheme" (O'Donoghue 1923, 137). The growth in street crime was nut sJcnved by the pervasive corruption in the criminal justice system. Officials whose job was to control common crime actually encouraged it by accepting bribes. The absence of effective urganized law enforcement at a time when informal social and kinship network ties had been broken was another factor facilitating the growing criIlle problem. The lackadaisical manner in which laws were enforced compounded the problems associated \\lith the existing laws. "Justice" was questionable, since the judicial system operated arbitrarily and unpredictably. Juries were corruptible and witnesses sold their evidence. 1ndeell, the term "straw man" referred to "witnesses" who wore a piece of ~traw in their shoe buckles indicating that they could be bought (l-Iibbert [1963119(6). Secret accusations and private trials were not uncommon. Justice was anyt.hing but blind, and the economically and socially disadvantaged were held accountable to different standards, since the legal system reflected the interests of the wealthy. . Concern for the poor soon became mixe~l with fear of a threat to public order. Respectable" citizens-and especially the new merchant clat"iseswanted "to protect themselves from the unscrupulous activities of this va,t army oj wandering parasites" (5algaclo 1972, 10), ami demanded that city streets be made safe fur the conduct of business. In response to the rising fear of critHe, European parliaments passed harsher penalties dgainst law violators. In England alone, during the sixteenth century, over two hundred crimes warranted the death penalty and many persons 1/
7J
Essenl illl C'rilllil/tl1uSY
~ied during the turture ~se,d by gUVl:'rIlIllents tIl extr.ll:l their cunfessioll . 'tet there wer~ already stIrrIngs of chclllge. By the middle of the sixteenth century, Engilsh reformers were calling for a dear distinctiun between the res~ectable deserving ?oor and the disrespectable undeserving poor. . The r~spectable poor lllcluded those suffering frum sicknest,; and COlltagIOuS diseases~ Ivounded soldiers, curable cripples, the blind, fatherless a~1:1 pal_[per chIldren, and the aged poor. They "\vere seen as the responsibIlIty, ~t the,more fortunate and would he segregated by their class and COndIl!on: gIven inmleJiate assistallt.'E', illCluding shelteI~ treatment ade~luate, rnamtenance, and, in the GISt' uf tIll' c1lildren, edueclliun and train~,ng, 111 a v,~ri.e~y of houses and huspitals aruund the city. Such : respectab~e CItIzens, who had fallen on hard times thruugh 110 mor"lJ f.ault of theIr mVll, by reason of failure in business, ill health, or uther mbJOl'l.unes, were given weekly pensions and mighl be elllploved in clearin.' the church porches of beggars. g . ~ c:l11tra_st: ,the disrespectll.ble pour, \,:dlidl inc1ucled vagabuncLs, tramps,
IO.gl1~S, an.d d [5501ute wornen-~-descl'lbed as wurthless-. \vcr(' punished
\VI~h unpn::.onnlent and 'whipping befure being trained tor hunest \.-vork 139~140). For this group was proposed a prison, the
(0, Donoghue .1923,
BrIdewell,. which sholdd also be a house of work, \tvith opportunities luI'
charact~r impro:eI1leJl~, The premises INould also be used to train puor and re~iIstant c1111dren lllto various trades, l'V[ost vilified \va:,; the "robust beggal/' \,:ho~e presence among beggary was seen as a chuice fur iJ soft and easy bfe. fhe "stubborn and foul" would be set to ll\,Jkl' nails and to do l~lacksmith'~ ,vork~ the weakel~ the sick, dlld Uw crippled might make lJ~c1s and bedd1I1g. I3ndewell, established ill 15.5(}, Ivas intcnded "to deal WI~1 the povel.·ty and idleness of the streets, !lot by st~ltute, but by labor. T1:IS was the ftrst'house of ~orrectiuns': The rogue dnd thl! idle vagrant wuuld be sent to the tread null to grind cuI'n, but the n.;'slwctable pc;or-.:vhether young, not \~ery strong, ur even crippJed---wouJd be' taught prof,[tab.I:: tr~des, or l1selul Occupations" (O'Donoghue 1923, '15] --152). The ILlstIttcatlOn was that enforced labor would perulClIH?nilv u[rl! be'Tccilllc "md thievery, where statutes of law hi:ld fdikd. Bv the mitldle of the b~i(l_I~~ leenth century, t.he target of reform \-\IdS t[w law (~Jldjllstice itself, ,~
The Classical Reaction r nl'ul-lt-'rti'--'L! 111,',1"/1" ,1'"eT '" 1 I .- '_ '. " , The combinatiull of a , risinr , _ '_ " 0 r'" ..... '- '-.... u",,,,,, II .- J bing ITlIllL' late led till:' p!ltl!l~(lphICal leader,') 1)1 liJl' l-,lassjGlllll(W~'lIlf:lJlI 10 d-(?1l1and dOl~bl.e secunty .Inr their, newfound wealth. Tiley ! leedl'tl protection dgdlll~t the .threat Irof[,~ ,beluw, the "d,'lllgcrous" ddSSt'~ ~\'!llboJized b\' the gruwlltg Crl1~le rates. fhey also \Vd[lt(,d protf:'diull i'lgd-iflst threats from above, the anstocracy tlldt still llt,ld the reins of gtlVl'\'[:[JJll'llt,d pOlvel dnd
Cll1ssil-'1l1. Neoclassical,
l11/rl
Ratiol/al Choice Theories
leo- al repression. The middle clilsses S
Cesare Beccaria Perhaps the most influential protest \vriter and philosopher of.the peri(~c1 was the It,llianmarquis, Cesare Bonesana, fY'I;-Hchese dl Beccan<:l (173S~1794) or as he is more populilrly known, Cesare Beccaria. Beccaria's ideas were molded bv his friends the Mil
eleven English editions, The book JustifIed maSSIve and sweepmg
changes to European justice systems, The founding fathers of the Umled States relied (Hl it. 'l'homi:1s jefferson llsed it as "his principal modern aut110rity I'nr revising lhelcl\\-;s of Virginia" (Wills 1978, 94). The \-\!riters or tile US. ('llll'·;titlltillll d[ll] L111' I)ill of Rights utilized it (IS (\ rriTll.1ry ,':'Ollrce,
74
Esse/liial Criminology
In addition: its imp~ct remains very cle,lT in contemporary U.s, judicirtl and correcbonal polley.
\~hat. caused s~ ~nuch reaction to this book? Certainly Beccaria's motlvatlOI1 for wntmg the book was rooted in the resentment he felt toward the authoritarir'ln aristocracy into which he was born. Itvvas fuel~d by his friends' radical ideas about the state of Italian society and parhcula~ly the abuse and torture of prisoners. Arguably, the book drew together, ,lT~ a readable, poetic way, all the main intellectual ideas of the ~ra, provIdmg an exemplar for change. Expressed alone, these ideas had lIttle fo~ce. Expressed together, as part of a logical framework, they were revolutIonary, B:ccaria :halle~ged the prevailing idea that humans are predestined to fIll certam s?clal s~atL~s~s. Instead, he claimed, they are born as free, e,qua t anc~ ratlOnal mclIvlliuals having natural rights, including the nght to pnvately Own property. They also had natural qualities such as the freedom to reason and the ability to choose what is in their Own best interests. Drawing on the ideas of Hobbes' (1588-1679) and Rousseau's (l712~1778) "social conlract" and Locke's (1632-1704) belief in ina liena~le nghts, Beccaria believed that government was not the automalic ngl,lt of the rich. Rather, it was created through a social contract in whIch free, rational individuals sacrificed part of their freedom to the state to maintain peace an~ security on behalf of the common good. The government would use thIS power to protect individuals against those who would choose to put their Own inlerests above others. As a conlemporary example, we give up the right to drive where and whenever we wa~t at whatever speed 'we want and submit to government traffic laws deSIgned to promote rapid and safe transportation. Some individuals are temp.led to disregard these laws. When they do so the government, through Its agents of enforcement, punishes or removes these individuals so that we may all travel with relative predictability and peacefllln~ss. Indeed, government maintained individual rights to ensure that it dId not become excessively powerful and that citizen voices were always represented.
Tak~n together, thes.e ,assumptions led to tIle principle of individual
soverelg~ty (Packer 19b~), This means that illdividual rights have priority
over the ~terests of SOCIety or the stale. This was especially important i~l the e:ercls: of law to,rrotect individuals. Thus Beccaria opposed the pra.ch~e of Judges maku:g laws through interpreting their intent. Insleud, he mSI.sted that ~awmakmg unci resolVing legal ambiguities should be the exc.luslve domam 0,[ elected legislators \v11o represented the people. He ~elIeved that the WIsest Imvs "Jl
Cll1ssiCfll, NI'oclnssiml, mid Rillill/Iol ('llllir/, '['f/('{lrir,'::
7,'i
designed, like government itself, to E'llsure "the greAlest happiness shared by the greatest number" (Beccarin [l764) 1963,8)_ . . Beccaria also shifted the focus of what couIlted as CrIme. Rather than ffenses againsl the powerfut he saw crimes as offenses against fellow ~Llrnans and thus against society itself. He believed crimes offended society because 1hey hroke the snciCll conlrllcl, resulting in Clll eIlcroacIlTllPlIl all the freerloIT\ of others. It was in the ndminislTatioll of jnsUce lhat Beccaria SAW individual sovereignty most at risk, so he sought reforms tl,lilt ",:ould guarantee jUSlic:. He rlrgued that the lrlw, t.he courts, and espeCIally Judges have a responSIbility to protect the innocent from conviction and to convict the guilly, hul to do so without regard to their status, wealth, or power. The only basis for conviction was the facts of the case, This led 10 the principle of the presurnption of innocence (Packer 1968), designed to protect individual rights against excessive statE' power or corrupt of.ficinls. Severnl procedural elements were necessary for a system of justIce 10 ensure thIS protection. These included (1) procedul'ClI restrrlint over Ilrbitrary power, (2) protection of the accused c1efend
r
I
7h what an offense deserves, This is lhe principle of "just deserts": convicted offenders deserve punishrnelll Cl1lnlliensurate vvith the seriousness of Ill€ harm the\' caused through the spec'Hie offense they committed. This punishment (~clIlIlOl be for any other reaSOll, silch as to teach others Cl Jessun or because they had comn;jllecl other crimf:'s in the pClst ilnd so Illight be more likely 10 repeat them in the future. To be an effective deterrent in individual cillculations, punishments should also be certain, argued Becci1ria. "The certainty of punishment, even if moderate, will alw~ys moke a stronger impression than the fear of anolher which is more terrible but combined with the hope of impunity" ([:J764J 1963,58). Certainty means a high chalice of apprehension and punishment. Beccaria believed it \\,(lS more important for potential offenders to know cert(lin punishment would follow , 1 crime than to merely associate crime with severe 5ilnctions. If the severity or punishmellt is high bllt the likelihood of ilpprehension and punishment low, then pE'Dple are still likely to commit the act. This VVilS dramatically illustrated Clt the public executions of pickpockets in 1,ondun, which attracted large crowds or spedCllors whose pockels were pidYcI by the c1eClrJy undeterred pickpockets among them. FinaJIy, for punishment to rlppecH as ;] cost to potential offenders it must a15-0 occur swifUy CIneI' apprehension (with celerity), fllr as Beccaria ([ 1764 J ] 963, 55) vv role, "TIlE' mnre pn >11] ptl Y and Ihl" more cl usel y pUIlishment follrrws U}'OII the cnrnmissinJl of a crime, tile more jllst (lllc! Ilst,flll will itbe." Jerp1I1Y Biell/hmll 1\11 influential sociCll philosoplwr Clnd a supporter of Beccaria's ideas was the EnglishmClIl Jererny Benthrnn (17 JH--J832). Bentham expanded on Beccaria's -initial contribution by nfrerill); the notion o( the "hedonistic, or felicity calculus" as an e,'\phillalilll1 for people's actions. This calculus slates that people {let to increase po~ilive results IhnJIIgh their pursuit oJ pleasure and to reduce negLltjv0 outcomes through the avoidance of pain. Bentham's conception of pain,1nd pleasure was complex, involving flat just physical sensations but pnlitic
I
77 vidilllt:., cunsensual Crilllt:'S, and dcts uf ::,eH-ddense tihould not be subject to crimindllaw because tht'y pruduc~d more good th~1n evil. l.aws should set specific punislunents (pdin) for specific crimes in order tu motivate people to act one way rather than another. But since punislJments were themselves evil mischief, the utility principle (the idea t.hat the greatest good should be sought for the greatest I1llIllber) only ju::,lifies their use to exclude a greater evil and unly then in just sufficient measure to outweigh the profit of crime and to bring the offender into conformity w1th the law (Bentham [1765j 1970). Bentham argued that punbhlnents shuljjJ be scaled so that an offender rationally calculating 'vvhether tu CO!llmit ,l C'J'irne \vould choose the lesser offense. For example, if rape iJnd hUlllicide were buth punished by execution, the rapist might be more inclined to kill the victim. Doing so would reduce the risk of identification ,llld execution. BIlt if 111 ore severe punishment resulted from murder than rape, the offender would be more lih.ely to refrain from the more harmful crime. [n contrast to Beccaria, Bentham believed that in the case of the repeat offender it might be necessary to increase the punishment. to outweigh the profit from offenses llkely tu be cOlTllltitled. Also, Bentham introduced the notion that different kinds of uffenses n:~guired different types of punishment, ranging from confinement [or failure to cun(orm to the law, such as nonpayment of taxes, to enforced labor in a penal institution for those guilty of theft. Like Beccaria, he reJected the death penalty because it brought more harm than good <'Ind therefure violated his utility principle. Instead, Bentllam preferred fines and prison. Judges could equalize fines and stage them in progressive severity. Sirnilarly, prison allows judges to vary the time served and set terms at different levels for different offenses, Indeed, BenU1JlIl vvas responsible for designing the ultimate disciplinary prison, known as the Panuptican (allseeing), designed "to control not only the freedom of movement of those confined but their minds as well" (Shover and Einstadter 1988, 202; FOll('dU(t 1(77). Bentham'::; prison was a circular structure organized so thc1! d guard in the center could see into each cell WiUlOut being seen by the priSOllt'r, with the result that prisoners would believe they were L1ndt'r C{)Jlslant surveillance. tIe also believed that Ulis discipIin-ary system should e!l:lencl to factories, hospitals and schools. None were built in England, although Pennsylvania and Illinois constructed PallOptican-ty l)e prisons,
1Jm i laJio 1/ S (-!f C/ lls:iil 'II / 'i '//(,( I ry AltlwuglJ radical and illllrit'llti,d {(If tlllc,jr lillie:" lIlt:' Illl-a::. discllssed Jlere were not willwllt ceria in (()Jltrtldidjo!l::;. I:irsl and jllrelllOst WdS tile assumption that pt'ople vvere ~qual. -Wildt cOllld this n~dlly Illt:\m? Wert:' illJ
70
l::;~senlitlf
Crilllilwlogy
peuple equal? Did equality include people 01 differellL intdlecLual ability? \IV 11 a( abullt dlildn~lI? What about Hie insane";' Did equal mean to the dasskisIs that I1H:~n and "vumen were equal? Seculld, how could a systelll designed to allow some people to creale more wealth than others, and lherl:.'fore La beco11le llldlerially unequal, llli.lintdin UlaL in law all persons were formally equal? How could there be equal punishments for equal crimes wilhout taking into account differences in wealth? Third, why do some petlple commit more crimes than others, if Lhey dre all equally endowed with reason? It soon became necessary tl) revise classical ideas to fit e11lerging realities.
Neoclassical Revisions Tile first bignificdll! legislation based on classicdl concepts was the falllOUS Frelll·h Code uf 1791. Following the successful French Revolution of 1789, Lhe vicLors fllclIsed on equality and justice. In seeking fairness and the eliHlinatilln uf discIilflinatory misllses of justice, the French code of l791 treated all offenders equally-regardless of individual circumstances. BuL the French soon recognized that justice required some discrelion and latitude. Pure classicism took no account of individual differences. Yet differences were obviolls. For example, should children receive the sanll~ penalties as adults? What should happen lo those with limited mental fddlities? vVhat about women who had long been denied equal status to tIlen? In 1819, the French revit:ied the cuJe of J791 tIl pennitjudges some discn:tioll. 'This neoclassical position recognized" age; mental condition and extenuating circlllllstances" (VoId and Bernard] 986,26). Despite these dlanges, the bask: underlying assllmptions---tllat humans are rational; calculating, and hedullistic--remained the cornerstone of criminal justice policy. Thus fifty-five yedt's after Beccaria first prescllted his urigillal thesis, an actual justice system incorporated the ne\-\' revisions. These changes have remained virtually the same since. But the growth of scientific criminology in the nineteenth and early twentieth centuries led to a considerable slippage, since the focus of criminal justice shifted away from the criminal act and how equal individuals chuse it toward what kinds of individuals would choose such acts and why oUler kinds would not We shall discuss the rise of scientific criminology in the next chaptel~ but it is implJl'lant hert:' to recognize certain parJllel histories that led to the resurrection Df d version uf neoclassicism, or pnstdassicism, that has bec()nll.~ knuvvn dti CUll temporary rational choice theury. Crucial in this history is the elllt:~rgel1l:e of modernism, science, and progress during the nineteenth and twentieth centuries. This is the notion that scientific laws,
Classical, Neodassicl/f,
Illld l~tllil!Jlal Choice
Theories
79
the development of rational thought, and ernpiricaJ research could help society progress into a better world. Harnessing the forces of science and incorporation of its discourse into government policies served to legitimate government domination and controL The application of scientific rnethods to all fields, including criminal justice, combined with a political climate in which government grew in its responsibility to serve the public, soon translated into mure power for the state and more discretion for its institutions. There was a growing observation that modern (i.e., scientific) solutions, while producingrnassive changes in technological development, also brought untold human suffering and increased rather than reduced social problems, resulting in a questioning of faith in science. Nowhere was this more apparent than in the failure of scientific principles applied to the problems of crime and justice. These had brought a considerable abandonment: of the principles of equality of the individual before the law as increased discretion was used in courts and by judges to adjust sentences to fit the particular needs of individual offenders. Against this background, by the 1970s a familiar call was being heard from those challenging the power and growing discretion of the state in matters of justice. These postclassicists were calling for a returtl to equality standards, protesting that discretion based on the Jubious claims of science and social science had gone too far. Two developments in this regard wefe particularly imporlant. The first is justice theory and related developments toward a conservative "law and order" approi.'lCh to crime coutrol, and the second is rational choice theory and its extension, routine activities theory.
Criminal Justice Implications: The Move to "Justice" Theory By the 19605, classical theory had bec(JlIlI~ little more thall a foutllute to scientific and sociological theories of crime. III the decades following ]859, Darwinist evolutionary ideas, science, and technology prornised to liberate humankind from the philosophical speculations of the Enlightenment era. The scientific search for the causes of crime (which we discuss in detail later) displaced the armchair philosophers of rationality and reason. The new scientific method relied on the manipulation of variables, observation, and measurement and employed 5pecHic rule;) tlwL had Lo be followed. It forced criminal justice policy to take account of individual and social differences, especially differences ill sentencing practices. In attempting to address individual differences, criminal justice returned to discretionary sentencing; which some saw as similar to the policies existing
r su
Essential CriJnillology
prior to the c1assicallIlovem~nLBut instead of arbitrary justice, scientific evidence justified disparate sentences based on offender "needs." Offenders were diagnosed as having specific problems and were deemed to need sentences (treatment) based on their diagnosed problems. Thus reliance on the scientific method, diagnosis, and rehabilitation shifted the emphasis from deterrence to treatment under what was termed "rehabilitative justice." The outcome, however, was Ul€ same as before. Convicted offenders received different sentences for similar crimes and different treatments depending on the diagnosis of cause. For example, 011e juvenile offender might get sent to a detention center, another to probatiun, and a third to bo?t camp, all for the same offense, because a sucial worker's report clauned that each individual offender had different needs. By the 19705, critics raised two central problems. First, fur all the effort at rehabilitation, did it work? The rehabilitation skeptics answered, "Nothing works." Martinson (1974, 25), an advocate of rehabilitation concluded that with few and isolated exceptions" rehabilitat.ive efforts, . ~ have had no effect on recidivism." The second charge against rehabilitative justice was that it was unfair. In the context of the slide from classical principles, some called for the "rehabilitation of punishment." Bottomley (1979) argued that rehabilitative justice "culminated in the entire notion of the indeterminate sentence coming under attack for its therapeutic pretensions in a situation where not only was hard evidence of therapeutic effectiveness lacking ... but where indeterminacy created unacceptable tensions for prisoners and their families,.providi~gfurther scope for discretionary decision-making by the executIve and Instruments of control within penal institutions" (1979,127). Justice theorists pointed to a tendency for rehabilitation and treatment to drift toward discretion and inconsistency. They claimed that in spite of its advocates' emphasis on understanding and concern, rehabilitation of~/e~ in~ic~ed more cruelty than the punitive approach. They despised the dlscrunma tory use of penal sanctions" and tile "wide margins of discret~onary pov:e~' in the hands of police, district attorneys, judges, correctIOnal adnlll11strators, parole boards, and parole agents" (American Friend~ ~ervic~ Con:~i.ttee 1971, 124). This position has a similar ring to Beccana s earlIer cntlclsms about preclasf;ical punishment. These new critics. argued that allowing prosecutors and judges the flexibility to pleabargam , to grant concessions, or Lo pass harsh sentences based on individual circu~sta~c~sresulted in "a ~ystem of wide disparities in charging an~l sentencI.ng.slInIlarly situated individuals, a system that has lost sight of Its goals ll1 Its eagerness to dispose of cases" (Heumann and Loftin 1979,393).
I
Classicl1l, Neoclassical, (lnd Rational Choice Theories
S]
In response to these problems, a move back toward policies based on classical principles developed. From the ashes of rehabilitation skepticism rose the justice model, or just deserts model (Fogel 1975). This model ret1ected many of fhe original principles presented by Beccaria and Bentham. The justice model contained four key elements: (1) limited discretion at all procedural stages of the criminal justice system, (2) greater openness and accountability, (3) punishment justified by the last crime or series of crimes (neither deterrence goals nor offender characteristics justify punishment), and (4) punishment commensurate with the seriousness of the crime, based on actual harm done and the offender's culpability. The move back to justice gave priority to punishment "as a desirable value and goal in its own right"; this was different from the traditional jushfication of penal goals, such as deterrence or rehabilitation (Bottomley 1979, 139). An application of these revised classical principles was a renewed emphasis on equal punishment for equal crimes. This required replacing the broad range of sentences available for particular classes of felonies with a "tariff system" of determinate sentences. Each punishment was a fixed sentence with only a narrow range of adjustments allowed for seriousness or mitigating circumstances (Fogel 1975, 254). Perhaps the best example of a tariff system is the parking fine or speeding ticket for which each offender, regardless of circumstances, receives the same penalty, and the penolties increase by fixed amounts for offenses of increasing seriousness.
TlIe Conservn/ive Lmu and Order
1'111'11
Instead of the neoclassical influence waning, oS many predicted, it continues to exisltoc!ay and as one COnlTI1entator says, its "demise is greatly exaggerated" (Schmalleger 1999, 163). Combined in a conservative or "law and order approach" to crime con trot the prevailing just deserts model holds that crime is freely chosen and rewarding and, therefore, it demands both deterrent and retributive responses. This is not only because of the harm done, but also because the offender knew the consequences before committing the crime. Although this position alters the original classical principles (see Einstadter ancllIenry 1995 for a discussion of the differences between classical theory and conservative theory), it is popular with politicians and, as Schmal1eger points out, "is now in its ascendancy" (1999, 163). The conservative distortion of neoclassical thought provides a formidable and popular election platform, when combined with other law and order elements such as "boot camp" for juvenile offenders, "incarncilatinn" (the idea of removing an offender's ability to
Essen/inl Crinrillology
82
camIlli! (urther oHenses), mandatory sentencing ('which fixes the minimum sentence (or various crimes), truth in sentencing (requiring judges to state the aetual sentence that will be served), three sbikes <1nd you're out laws (requiring three-time felony convictions tn serve long sentences, typically We without the possibility of parole), and the death penalty as a general deterrent. However, the reality of criminal justice is often different from the rhetoric and the result of failed conserv
Determinate selllences are designed to make justice "fair" and to make potential nHf'lldf'rs aware of 'what sentences they (ClI1 expect for cOHunitting specific crimes. Several questions remain, however. Does determinate sE'fllencing reduce the sentencing disparity between those sentenced for similar types of crimes? Does it increase levels of incarceration? Does nny increase in incarceration from determinate sentencing result in early release of fllOr€ serious offenders? Finally, does delenninate sentencing increase the tendency for altern
for Dnlg Offenses after a 23-year Experiment On Christmas Day 2002, in one of his last (lets before leaving office, Governor John Engler signed a bill that brought an end to Mld~ig(ln's inflexible Tll(\lKl"tlnry minimulll Sfllllpllcing 1
Classical, Neoclassical, alId RatiO/wi
ClLOiL'l:'~
Theories
83
During U1e 1970s, following New York's lead, several staLes, including Michigan, enacted tough laws that mandated a minimum sent~n~e for peo1112 convicted of major drug offenses. A 1978 law mandated nllnlmllm 5enfences of 20 years to life without parole, even for a first offense, for ossession of 650 grams (23 ounces) of certain "hard" drugs such as cocaine ~nd heroin. The laws were passed during a time when there was much concern about crack cocaine epidemics in U1e nation's cities and fear that wellorganized armed and violent gangs, such as Detroit'~ Young Boys Inc, were overtaking the streets. The tough mandaLory sentencmg laws were seen as a way of removing "drug Kingpins." The effects of the law were to incarcerate lower level young offenders. The prisons became overcrowded and Ulere seemed to be little effect on the drug problem. in response, the judicial system began Lo luok for ways around the sentencing laws. "Many prosecutors now reduce d1arges lhrough plea-bargaining to avoid what they see as excessively harsh penalties, said Michigan Department of Corrections spokesperson Russ :rvlarlan: J~clges also use a~_ option U1at permits them 10 depart from mandatory-mInlll1um sentences IJ they can find compelling reasons to do so" (Heinlein 2002, p. 9A). By 1998 Michigan'sla\".rmakers slightly relaxed the mandatory minimums for non-drug offenses but by December 2002, the Michigan Legislature re~ pealed the mandatory drug sentencing laws completely, all.owing j~dges' full discretion. Under the new law tough sentences are pOSSible but Judges will be able to use their discretion Lo not only order shorter sentences but also give alternatives to punishment, such as drug treatment. The Michig_an legislation leads the nation in reforming dt1lg laws, placing the sentences tor drug offenses back in the indeterminate sentencing guideline structure. Adapted from Cary Heinlei]1., "Michigan Eases Drug Sentences: Judges' Discretion Replaces Mandatory Terms for Offenders," Detroil News and Free Press, December 29, 2002, AI. At the federal level, Lanier and Miller (1Y95) found several other problems with determinate sentencing. :NIost of these have to do witi1 plea bargaining, which results in over 90 percent of criminal defendants pleading guilty to lesser charges in exchange for having Ule more serious charge (and· therefore sentence) dropped. Any plea bargaining necessarily circumvents ti1e principles of dassical t.heory und the intentions of determinate sentencing guidelines. A major question therefore becomes, does determinate sentencing increase the use of plea bargains? Several commentators predicted that when judges could no longer select from a wide variety of sanctions, the pro;,ecutor's discrelion would in~rease (Sarat 1978; Horowitz 1977). Research has confirmed t.hat. in spite at formal compliance with mandatory laws, \vhere both judges and prosecutors consider the required penalties to be too harsh, they circum vent the guidelines. Thus they can avoid mandatory minimum sentences by dis-
Essentinl CriJl1inology
CIllHsical, Neoclassical, alld RIlUol1111 Choice Theories
commil further oHenses), mandatory sentencing (which fixes the minimum sentence for various crimes), lruth in sentencing (requiring judges to state the ilctual sentence that will be served), three strikes and you're out laws (requiring three-time felony convictions tn serve long sentences, typically life without the possibility of parole), and the death penalty as a general deterrent. However, the reality of criminal justice is often different [rom l'he rhe10ric and the result of f
During the 19705, following New York's lead, several states, including Michigan, enacted tough laws that mandated a minimum sentence for people convicted of major drug offenses. A 1978 law mandale~ minimum sentelKes of 20 years to life without parole, even for a ftrst offense, for possession of 650 grams (23 ounces) of certain "hard" drugs such as cocaine and heroin. The laws were passed during a time when there was much concerl1 about crack cocaine epidemics in the nation's cities and fear that wellorganized armed and violent gangs, such as Detroit's Young Boys Inc, were overtaking the streets. The tough mandatory sentencing laws were seen as a way of removing "drug Kingpins." The effects of the law ·were to incarcerate lower level young offenders. The prisons became overcrowded and there seemed to be little effect on the drug problem. In response, the judicial syst.em began to look for ways around the sentencing laws. "Many prosecutors now reduce charges through plea-bargaining to avoid what they see as excessively harsh penalties, said Michigan Department of Corrections spokesperson Russ Marian. Judges also use an option tl1at permits U1em to depart from mandatory-minimum sentences if tl1ey can find compelling reasons to do 50" (Heinlein 2002, p. 9A). By 1998 Michigan's lawmakers slightly relaxed the mandatory minimums for non-drug offenses but by December 2002, the Michigan Legislature repealed the mandatory drug sentencing laws completely, allowing judges' full discretion. Under the new law tough sentences are possible but judges will be able to use their discretion to not only order shorter sentences but also give alternatives to punishment, such as drug treatment. The Michigan legislation leads the nation in reforming drug laws, placing the sentences for drug offenses back in the indeterminate sentencing guideline structure.
82
oeter/uillol!' Sell/clleing
Determinate sentences are designed to make justice "fair" and to make potential nfff'lld(-'rs (lware of what sentences they can expect for committing specific crimes. Several questions remain, hovvever. Does detenninate senlencing reduce the sentencing disparity between those sentenced for similar types of crimes? Does it increClse levels of incarceration? Does ;my increClse in incarceration from determinate sentencing result in early release of more serious offenders? Finally, does determinate sentencing increase the tendency for alternntive systemic discretion, such as plea bargaining? Evidence from research on state-level sentencing reform shows thalthe policy of detennin(lte sentencing reduces sentencing disparity (Blumstein et al. ]983; Tonry ]988) and increases prison populations at both state (Kramer and Lubitz ]985; Goodstein and Hepburn 1986; Hepburn and Goodstein 1986; Bogan 1990) and federal institutions (IvIays 1989). One exception seems to be in Ivlinnesota. The effects of Minnesota's determinate sentencing reform show overwhelmingly that the policy of sentencing guidelines has reduced sentencing disparity but it has done so wilhout producing increased prison populations (Blumstein et a1. 1983; Mielhe and Moore J985). When judges me concerned about prison overcrowding, however, they are motivated to circumvent the guidelines. In doing so, they shift the burden of incarcerating offenders 10 the local level, resulting in increases in jail incarceri1tion rates (0' Alessio and Stolzenbprgl lJlJ5; Miethe and Moore 1989).
o
1Vlichi .m Abandons IYhmdalory Sentencing
for Dnlg Offenses after a 23-year Experiment On Christmas Day 2002, in nne of his lClst ads before leaving office, Govemnr John Engler signed a bill that broughl an end to Michigan's inflexible mandfltnry minimum f'PlllpflCillg laws for clnlg convictions.
83
Adapted from Gary Heinlein, "Michigan Eases Drug Sentences: Judges' Discretion Replaces Mandatory Terms for Offenders," De/roit News awt Free Pr/.'~s, December 29, 2002, AI.
At the federal level; Lanier and Miller (l~J95) found several other problems with determinate sentencing. IvIast of these have to do ·with plea bargaining, which results in over 90 percent of criminal defendants pleading guilty to lesser charges in exchange for having the more serious charge (and therefore sentence) dropped. Any plea bargaining necessarily circumvents the principles of classical theory and the intentions of determinate sentencing guidelines. A major question therefore becomes, does determinate sentencing increase the use of plea bargains? Several commenLatOf5 predicted that when judges could no longer 5e1ect [r0111 a wide
variety of sanctions, tile prosecutor's discretion would incredse (Sdrdt 1978; Horowitz 1977), Research has confirmed that in spite of formal compliance with mandatory laws, where both judges dnd prosecutors consider the required penalties to be loo harsh, they circum vent the guidelines. Thus they can avoid mandatory minimum sentences by dis-
Clll~siCiJl, Nfl1c1nssicl71, I1l1d Rali!lJwl ellOin' 'f/worie."
L-;it'lltial ( 'I illlillll!i.lSY
8-1
missing . - charges ur dCljuittin) g L-I e !'\.:'Ill IdIlls (C(lh~llI 'I' ' to 'j" dill - UHfY 19K3). Tilt.' Ioglea! sulution seems, to_ be e 1111lnale plea bH "c' I' ' IJrevl:'nl <-lIlV tendency fl)rpOr~- t- " gtllllS, \V lwh \vould
_
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~tates wuuld furm
d.e, COllll 1 1e'-'H
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.
~ . . '. _- .. , II sUI,' ll:::'llldled CIS [he ecllllllll:'rollls'r' . ·1' .' analugy but that' . ,', I . l llllllld JUstice policv un d tlaselall t --' c IS pIeClse y wIldt [Ill" ~I"l .. . aws ofJered, As anuth(l!"ltt, t.·.. t't, S ll·,c'::, and you're out 1 "" I" ., Clllp lu t'lllbudy th~ 'I" .,'" I " , cer all,l,tv 01 punishment" tl . _ " . e c ,ISSlLa prInCIple 01' II ee-stn1-: l'S In ' . ' . ~ l~ar Iy E)lnJ::; laro-ely in resnonse t II' '1 . '-\,s were llltroduced in the B 11 , . CJ • , l l le l 11.1,1 prohlem [\,1"" ' en 'lam S Idea that re[l"lt ff' d· .', .. ,~ . . ' . ' Ule l.onSlstent 'ivith 'I , e , 0 en elt; shuuld receiv~l' . ou t",v,elgltht.:- profil: trom 0[['" j'I'1 . t n,~l,t::dler sentences to I.:'l1ses 1 "e y to be '.', .I I . . su 1ted, III lonocand llar:-;Il Set'llellc 't· LUllllllI tt'l, this CO!lct'[lL reo' ,. es ur per,on' , "I I ' . even It these were nonviolent Jru (:f'" :", s COllVlt t'l. oj three JI2Jonies, was less seriolls than the ',' ,?, J[_ tnse~ dlld eVeJl it the third offen~e '1' 1':' PIL\IUUS twn (eve· ,'" -. :-; lOp 11tll1g count as a stril'~) 'j'l' ' " '. Jl pill :-;e<;udtdung and . , . ' ' d;:. ll':-;l' bws J. \"ll'i· t' _. '.1 c mInImUlll sentence laws illil '~l": '" '- ,c ': lUll ul tle mandatory , 1_ USt'l :-'[11/ penaltIes tor tht' third convicbol~, ,Ill
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85
such as twenty-five years to life under the 1994, California law. In 1995 'thirte slates llild three-strikes laws and Georgia even had a two-strikes en \'lvV that resulted in a life sentence without parole (Rush 2000, 321). Here again we see the distortion of classical principles, exaggerating ol1 elCOlent (higher punishment for repeaters) at the expense of the othe ers (c.g., proportionate punishmcnt: for the crime related 10 the haml comnliued). The objective again was de\:errenCl~; the rCillity was again different. Consid(~r the case of .lema Rottenberg, arrested in I\IlacArthur Park for p(!Ssession of less th,Hl one gram of cocaine. Under California law she hlC!2S twenly-five years to life (Pape 1999); a man who shoplifted $153 worth of children's videos from Kmart will be imprisoned until 2046, and another man who stole three golf dubs worth $400 was convicted for life. Critics argue that not nnly- is three-strikes punishment excessive and llllneCessary, but it also contributes to the problem of clogged courts and prison overcrowding, as VI/ell as increasing the determination of third-iilne offenders to avoid being caught (Schmalleger 1999, l3~,-139), The likely effect is quite the reverse of the classical principle that offenders chouse the lesser offense; rather, they will calculate that it is in their interests to choose additional and more serious offenses to avoid apprehension and convicl:ion. lVloreover, the policy was seriollsly questioned by tIll" empiriGl\ evidence on ils effectiveness at incapacitating the most seriolls offenders (CECF' 19(7), Indeed, while advocates cl
1
!m'opncilll fion
Incapacitillioll or "containmenL" ClS it is also called, is the penal policy of Inking the offender "Ollt of l'in:lllation" bv n v(\riel-y of Tnf'nllS, the mosl
Essential Criminology
86
corrunon of which is the use of confinement in prison, which is designed "to deny offenders the opportunity to comrnil additional offenses and further victimize society for the duration of their incarceration" (Hussey 1997,120). Incapacitation policy related to penal confinement ass~rts th~t putling adjudicated offenders "in prison" stops them from praclicin criIT~inal behav.iors ~nd the "outside \-vodel" is correspondingly safe~ albeIt te~lporanly. It IS ba~ecl on a set of questionable empirically derived assumptIons such as the finding that 50 percent of all crimes are committed by 6 percent of the population of Some cities (Wolfgang, Figlio, and Sel1m 1972), and that a five-year sentence for any felony would reduce the rate of crime by 15 percent (Greenwood 1983; J\1un-ay 1997). Some critics see t~is "actu~rial1J approach as a "ne\v penology" that is less interested in the hV,;s of ~tfender~ tha~ i~ risk management and case processing, in short, techruques of IdentIfymg, classifying and managing groups sorted by levels of. danger~u~nes~" (Carrabine 2001, lL17; Feely and Simon 1992). For others, InCapaCitatIOn IS an Hlusion in its claim of removing offenders from the rest of th~ population. As IvIilovanovic and Henry (2003) point ~ut the costs of pnson affect everyone, and the imprisonment exerts an unpact on the families of the convicted, their communities, and race relations, since a disproportionate Humber of those convicted are African American. Tl~ey point out thaL we pay the economic cost of the massively expanded pnson programs, :2 million incarceraLed in our state and federal prisons and jails in 2002, compared to less than 200J)Q0 in the 1970s. And thi~ is ~or a l:elatively small reduction in the actual crime rate of 5 percent, WhIcl~ Itself IS only quesLionably attributable to the policy of incapacitation (Curne 199~).IvIoreover, the "new penology" of incapacitation has accentuate~ the lssue of race in American society, since one in three African ~mencan males between twenty and twenty-nine are in prison, on probatIon, or on parole (Mauer 1997). This permeates the mind-set of some African. Americans outside of prison who vvithdraw support for society's formalmstitutions, especially from government and law enforcement. -
Detenence nnd the Denth Penni Iy From the criminal justice policy perspective, unless offenders think rationally before committing their crimes there is little point to the deterrence ~r~ume~t. A second related issue is that unless the meaning of the gain or t:jah~factlOn~ to the offender can be measured, there is no precise WilY to des15 F'u.rHshlllel-~l~ lhi:tt lyill counter tl"le potential gain. A third issue in deterrence theory IS the extent to which potential offenders using rational thought processes perceive the same risks and severity in punishments set by the legal system and how vvell they blO\V its penalties (Geerken and Gove 1975). lndeed, this is a pillar of classical theory. 11 people's rl
Classical, NPOdm::sical,
{lIId
RatioJ1al ClJOicr Thcnrirs
87
erceptions of sanctiolls (lre more different tkm they ,He similar, the issue Gecomes one of scientific criminology (i.e., to determine how and why they ilre different). /\ rel
phisticated ollolysis (Iivi(led homicide into twu
tyl'~s: JlOJ1strallg~r
JelollY
TIlureIers (murder between illhmiltf'S and acquaintallces) and cugumentbased homicides between strangers. They found that slale execulions were positively related to Lhe brutalization hypothesis (homicides may actuflily lllCfpase) yet deterrence was effective
Fsst'l/lit11 Crilllinology 5nme of lhe best studies on the deterrence eHed of punishment have been conduded by Ray Paternoster. Pilternoster ;:mel his colleagues (Paternoster ('I <11.1983, ItJS5) shc)\,y that lhe perceived risk of certainty of arrest is not Cllllslilnl hilt declines with expl::riencE' in committing offenses. Indeed, a study on recidivisl property offenders shows that although they may use the rational thought process, their perception of sanctions did not deter them because they tlH_Jughlthat they \vould not gel crlught, that any prison sentences would be relatively short, find that prison was nonthreatening (Tunnell] 992). Paternoster (1989), in researching the effecls uf certainty and severity on decisions by high school students to offenc!, found that certninty of punishment had more impaclthan severity of punishment (which had no significant impact nn the delinquency decision). T\!Ioreover, he found that the greatest effect Cilflle frorn lht-' pen.'eived certainty of informal sanctions from peers or parents rather Ih;1I1 (lny sanctions from the legal system, a finding supported by others (Hollinger and Clark ]983; Grasmick and Bursik 1990; Williams anti] {awkills 1(89). However, Pogarsky (2002) fOllnd severity to have mure effed t1liln cerl<'lintywith "deterrable" university students. As Akers (llJ94, 57) points Ollt, traditionally conceived deten:ence from legal sanctions, (~ven if these Ilre n catalyst to informal social sanctions, is undermined by such evidence. Indeed, iTl a review of the overall evidence, Akers concludes: Studies of both objectivE' il]lrl pt'rceptual deterrence often do find nf'gi1tive coffeli1tiollS be teen certainty of criminal penalties and the rate or freqllency of criminal behavior, but the cnrrelaliuns tend 10 be low. Severity of punish. ment has an evell weaker t'fff-'ct on crime. Neither the existence of capital punishment nor the certainty uf the death penally hilS ever had a significant efJed on the role of humicide... _Tlw (~rnr'irici11 VAlidity of deterrence themy is limited. (I (19__1. .'54)
Not only is the d('lcJTence effect of cilpital punishment highly qlH"Stioned, ilnd its brutalizatiun effect agreed on, but, like incapacitation, Glpital punishment dispruporlionately impacts races, with 50 percent of those on death row being from minority grollps; although African Americans account Jor only 12 pf'rcent of the u.s. pupulntion, they make up 40 percent of those execlltect. Finally, serious qucstions were ri1isecl in the late 1Qq(ls ilbout how lll;llly inllocellts have bl."PII executed, CIS DNA evi~ li.('nC~ ~vas found to e.\UllPt"illc· IltllllE'WlIS ('1)11Vll'lpd de.,t-!l-rfHN inmales, re-sullins in
(l
lnor
lly
Illjllni~ (JUVenlOr
C;eorge Ryall. Critics of deterrence theory arguE' that it is founded on a narrow view of humans and the reasnns for their ilCtiOllS. Tlll':'y argue that "we need to develop i-1 cOllsidprilbly Illnrf' suphi,stiC'nIPd I-heory of hllmnll behilvinr
ri
which explores the internal and external checks OJI \vhy
pe(~ple
Liu or do
not engage in criminal activity. This theory Inust: also .rccugIllze Yldt.there
bewildering !lumber uf mulivationi'd state::., rrllll111dl and In-allondl, to the cOllunission of crimill,:d dets" (McI,aughlin 2001, 88). Sume criminologists believe Ihey have L1egull t.u do jllst that. ."
'1
~ll~:tC lead
Redefining Rational Choice: Situational Factors and Routine Activities Theory Political dnd philo::iophical bacldasb against the l"elldbilili;t1iol1 .lliudels of the 1960s created a second development that hrlll less to do WIth the administration of justice alill Illl1rt.' t\1 do with hll\vuffell~Jer::;dCl:~de tu cl~ln mit a criIne. This was a ft.::newed and more retined 11llerest 111 c1as::itcal economic ideas of rational choice. A principal advocale of this renewed idea vvas Ronald Clarke, who at the time \-vas head uf the British government's crime research unit. Clarke and his colleague !Jerek Cornish (Clarke and Cornish 1083; Cornish i:Hld Clarke 1986). develop~d a more sophisticated understanding of how people m~lke ~JtlOJ:~1 chOIces about whether to act~-and about whether to cumuut crime. Ihey spdwned a whole new direction in postclJssical cont.emporar): crirninul.ogical research that looked at the situational facLors thaI inllllence uffenders to choose to commit crime. In the United States, Marcus Felsun and Lawrence Cohen (Cohen and Felson 1979; Felson ]l)86) were wor~ing UI1 similar ideas, although they were looking at how the regul~r c1uJ_Iy p":ltterns of citizens' beh~viof create or inhibit the opporlunities lor oltenders to commit crime. Clarke and Felson ,vould eVL!nluillly collaborate lo~ gether at Rutgers University, wllere Clarke became the dean ul criminal fuslice. Let us explore their iLlt!ds in \l\IJJ"e de.tail. . Rational choice theories explain how some peopk~ cunSClOlIsly and fi:ltioncdly choose to commit criminal acts. Consider the example 01 burglary. Beyond the monetary motive a5 ,1 fact.nr that l~ads 1.0 bl.lrglar y, research shows that burulars decide to COII11111t their utJense:-:; through a variety of rational decisi~ns (Walsh IYSO; Bennett allL! vVright JI)K4). These are b~sed on situational circumstances, indudillg tht'ir IllllUd (Nee an:1 Taylor ]988). Consider the questions a burglar rnight a:ik: Whith area 01"fel:s the best. burglary targets----middle-l'Idss suburbrlll huusing ur wealthy residential areas? Does it matter if the occupan!: b l1t horne? Is burglary likely to be more successful during the day wlwn Iwoplo 3J'O out OIl ,110ft trip;, when they are aWely on vacation, or ilt night ','vhen the)" are horne? Do neighbors watch each oth~r's housC't>? Will the 11It'thod :lJi enlr!' to the property attract undue attention i1nd is tl~ere a syslen.l ul sl~rv.e~I_lc~llc:? Once entrance to the residence has been gamed, \vlla!: killds oj guods will
91 l)1.:! takell jewelry, dllliLJllt~s, electronivs, ur cash? Are there two entrances ~o that one call serve dS an escape route~) What 1lll.:!dl1ti are available to dispose of
l1H:'
W;l!1' E31 ~
Cornish and Clarke's Reasoning Criminal
goods? These are just SCllne of the questiuns a burglar might
ask in his or her raLional choice approach to Ule crirne.
Sonle "professional" burglars specialize in certain property and plan their entry inLo a target house over a period of time, whereas others are occasiolldl 0lipurtllnisls. One Stllely found that the most important envinHlrnental fado!" ill target choice was tllt' existence of two escape routes, Illle at tIle (rullt dIld another at tIle redr of the building, especially where Lhe redr exit has vegetatiun obscuring visibility (Nee and Taylor 1988), Dugs dIld alarms are only t:unditionally a deterrent. Occupancy in the day is checked, typically by knocking on the front or rear door and, if someune answers, illaking up an excuse about needing directions. But ,sllme burglars aClually prefer 111e residents at home and asleep because t1lere usually is lllore Cdtilt, jewelry, and checkbooks available (Nee and lilyIar 1988). Accurding to Llllollal dlUice tlleorisb, theIl, putential offellders Con::;ider the net belleJils gdineJ from cOlllrnitting crime. Offenders, as in the burglar L:'.\dmple, lise free will and weigh the perceived costs against the potential benefits. This weighing is called chuice structuring. Offenders choose to engage in criltlinal ads if their rougll cdlculation suggests the action lllight resldt in net gaill. A~ we call see, circumstances, situation, dl1d opportunitie::; dlJL'd II leir decbiun, since these eIre factors to be considered \vhen caIcltlaUng tlle cost/benefit l'titirnatiOlls of risk. Conte11lplJrary rationdl choice theory differs from classical ideds in the Ikgree uf raliollcdily attributed 10 offenders. Both rational or situational dllJk.e theory (Clarke and Cornrsl1 19831985) and routine activities theury (Cuhen alld Fe!s(Jll -1~J79; Cuhen and Machalek 1988) emphasize the limits of rationed thuught in 1l1l: del:biun {ll cOl1llnit crime. They claim that criminal decisiullS are neither fuJly ratiollal llor thuroughly thought lhruugh. A vdriely 01 individlldl dnd environmental factors affect the (.. !lukes Illade. Instead \If pllrl:' rationdl calculation, offenders exercise "limited ratiollality" (]arke and Cornish 1983,49--50). Offenders, like everyone else, vary in their perception, motives, and skills and their abilities to analyze d ~ituation and to stTlJl.'ture choices toward a desirable outCuJlle (Cornish and Ciarkl:' 1987; see Figure 3.1).
Psychological: tenl~krdment;in~ telligence; cogni Live style.. . Upbringing: broken home;. lllSlltutional care; parental cnme. Social and demographic: sex; class; education; neighborhuod.
--,--Previous Experience flIul Learning 1- Direct and vicarious ex~ perience of crime. 2. Conlaclwith law en~ forcement agencies. ". Conscience and moral altitudes. 4. Self-perception. 5. Foresight and planning.
t
}?"/:,s<_'ilrt"h
Shows
l:)uUl the ra liolldJ ur si lua liulld I chuice alld routine dcli v Hies theories make some dubious dssllIlIptions. They claiJll the benefits of Olle type of crime are not equally availdble from anutlH:,r or from the same crime in another plr)(~e. Crilllinologibts CJll t1lis the probll:'11l uf "crime displacement"
r--
se>-.; friel1lbhip; statu s; excitement.
Mon ey;
.----..
-~--
Perc eivcd Solutioll
.. _.-
--
--
I. Degree of effort. 2. An~ount & immedia(y 01 reward. 3. Likelihood & severity l)f punishnlenl. 4. Moral costs.
.......
Legi tirnate: work; gam bling; marriage. Ille gitimate: burglary inn1.C5.; uther bur-
gIa
r-c- . Rei .dilless
-_.
Re(U~lioll to ClulIlce
]
GeHeralized Needs
Solutiulls Evaluated
to commit burglary in Huddle-clolss suburb.
d
Event
Easy opportunity; urgent need for cash; ___. persuasion by friend(s); gels drunk, quarrels with [spou~:~
~ __->-
Decisioll ~ to (Ufllmit bLl~~
. k (el,s 1··).. 1"86 Till' . '1 d R wlJ Clare ;t . , Reasol/ino <:> Crill/il/al. Derek C.ornlSl an UJ _ . _ I "11 errnission of the publisher. New York Springer-Verlag, p. 3. Repnntec WI 1 P SOURCE:
CO/lccpf/ll.llllJltl f::/Ilpirica/ UlIlilatiulls: INitllf fit!!
--.-
Background F(ictors
92
Esse/ltial CriJlJiJlulugy
Cll1ssir:aI, NeoclnssiCllI, and Rational Choice Theories
Consider, for example, whether a ;,;hoplifter is I'k I I ., , 1 e y ,0 uecome a rabbe . 'f' he or she reasons that this will reduce tl,e I .f ,,1 1 1 ' '" c lance u ~uccess, SImilar! wall d a .."shoplifter at a hWh-securit)' sto,'e 5 'f I t I 0 ' WI C lOa ow-security t Y, tndeed, Cormsh and Clarke (1987 9"5) d 't tl 'tl " SOre? , .), a ll11 lat le readiness to substi tute one offense for another depends On whethe ", It. " '" ~hnadrea~,llatt:acl;,rAiStiCS which tJ Ie offender considers s~ie~t ~~71~;I~I~h~t:eg:saeI5s u ull Ies, s many people r' . , < neighborhoods have Ie ~d I Ivmg In areas ,surrounding fanner drug b arne, lOwever, one neIghborhood's cleanu ' ecome another's crime problem As w h II I < P can bI ' 'n,,' . ' e s a see ater, there are oth pro em;,; WI IlaUonal dlolce theories as evidenced b y " 1 '" er , We can evaluate the contribution of classical and ra~~~pmca r:=search, nes to criminology at several levels Spa ' I d ' onal cl~Olce theo.. ' , ce plee u es dll extensIVe rev' an d CrItIque (for these, see Akers 1990, 1994) It i~ ~;>' lew ~rief~y summariz~ th~ evidence in relation to (1) r=t~~~:;~~I~e:~:J:e~ to I cl' 0IvatlOn to commIt cnme and (2) the extent tu' wlu' -11 't' ~ t' b' L 1a IOna 10lce pre c~u ,lO~IS . Y potentral victims affect the probability f" b vIctmlIzatIon, 0 su sequent •
Evidence on the Ratiollal Choice Decisio/l1I111killg Prvces:i
~::: aC~~l~:~~~~s~~~:gl~at tional cl:oictl~e ~leury, i~ whether potential offenders process
111
lelr
decIsIOn to
.
't
.
~~~;~~ha:~~e~l~;~~rla~~~nal choice, even as Procl~~;;~'b~ji~e~::~;t~~
ljal ration'I',ty" _ f)' In:,olve,s a lImIted notIon of rationality ("par" or so t ratIOnalIty") d I "LIre" f . r. an llat any theory assuming ltud' rfa 10n,<1 Ity has vll"tually no ernpirical validity" (Akers 1994 1)8) les ocusmg on part of the . ,- , . . .' ' ~( . ' ._ b pIocess In ,comnu,ttIng a crime stIch as targef se Iec tIOn uy ufiJlars (Ma . ' dB' < 1984; I\engert and Wasilchick ~~~r;)a;,l e~dneu 19~2; Bennett and 'Wright pravI e conSIderable e . " 1port for a 'limited rationality' view of d ., 1:'. . mpIlIca sup(Gibbons 1994, 124). For e;am Ie Nee e~Islon ma ·~I~g.by l~,,:,breaj~ers" with fifty convicted j'es,'dentj' II:P '1 nd Taylor 5 (1988) mtervlews Jl1rg aI'S SU!'porl tl ' k" a d." le VIew 0 f t Il€ offender as a "rational" age t '. '". n, ma mg eCISlons under a variety of rev T ~' . CUl1lstances, SlIllIlarly, Bennett's (1986) 't d .,' . p'. 31 mg UIusers challenges th - , " s u, y ot lahonal dlolce by opiate e arguments about crim d'" I ~ shows that their original motivation i e , lSP acen:ent, because he and that ,'" j'ts ab 'I ' .s the partIcular Op1ate drug culture sence a ternatIve sub It ' Finall~, Vaughan's study of rational ch~~ceu~::i~~:Yno~e as a~pealing, org anIZ i:1tio115 in the case of NASA's f' tid .. nmd g by ~orporate leads her to conclude that the rational;t a of ~~ljSlOn tu launch Challenger plex process affected b " . y , pOlate offICIals 1S a COIll, , , ' y a corporate ol'gamzational hi 't 'd' k' nsky decIslOns and differing little from the ratio l"t _t~ l %Wal ta mg glars in its "bounded" nature (Vaughan 1998), na I y U IV") ers and burII
IJ
•
,
L
,
OJ
93
As Akers (1990; 1994, 60) points ont, however, when other factors that constrain rationality are factored into the decisionmaking process (such as affective ties to parents, moral beliefs, and peer influences) it is questionable whether what is being supported is rational choice or the other theories that assume nonrational factors, such as social learning theory (Chapler 6) or social bonding tl1eory (Chapter 7),
Evidrllcr 01/ Routine Activities and Crime In addition to ratioHed thought processes and the deterrent effects of sanctions, a third factor in the equation of the criminal event is the coincidence of these in time and place. According to routine activities theory, the presence of motivated offenders and suitable targets in the absence of capable
guardians is more likely to lead to crime, Leaving aside lhe question of what makes a motivated offender, empirical research has focused on targets and guardians. The main findings suggest that certain areas, known as "hot spolS," account for most victimizations and Ulat people who go out to these places, such as bars, dances, parties, shopping centers, and so on, at night are more vulnerable to being victimized than those who stay home (Messner and Blall 1987; Kennedy and Forde 1990a, 1990b), In fhe case of property crimes such as burglary, however, victims' absence may seem more conducive to crime than their presence, For example, the more people are C1bsent from home, as happens when both parents are working, the more likely they are to be victinlized, O'Shea found that "ten of eleven predictors of burglClry victimization reflected the efficacy of security measures" (2000, 1(2), Robinson (2000) found further support for altering physical and social environments to reduce risk of victimization, Some studies however have been criticized for relying too much On stereotyped conceptions of crime and of the different kinds of offender (Nee and Taylor 1988) and ignoring hidden crime and gender issues, Indeed, because of the link between intimates and violence (see Chapter 2), those who stay at home may be more likely to be victimized (IvIessner and Tardiff 1985; Maxfield 1987), In particular, DeKeseredy and Schwartz (1996) point out that \-vomen actually suffer a greater likelihood of persOllal victimization in the houle from husbands and partners than from going out. Furthermore, they argue for a feminist routine activities theory that explains why college campuses are dangerous places for women, whose susceptibility to sexlml attack is increased by alcohol and socializina with s,~xua.l1y prccbt:ory TY\~n -in the absence of capable guardians. Again, the explanation of why men are sexually predalory has mor~ to do with nonrational choice theory, since it relies on notions of socialization into peer subcull:ures supportive of sexual exploitation and on the social cOflslrllclinn of Tllflsculinity (see Chapter 11).
94
Essential C:'riminohlg.lj
Polin/ /\pplimtiolls of Rational Choir'f ann ROIl/ille Ar'iivilies Theories RationilJ choice theorists suggest there ilre differences in the circumstances or the situations in \vhich offenders select their crimes. As we have seen, these different situations can affect the criminal's choice of target (Clark and Cornish 1983, 49). In short, these theories emphasize crime as the outcome of "choices and decisions made within a context of situational constraints and opportunities" (Clarke and Cornish 1983, 8). Thus a central policy issue becomes identifying the environmental triggers that facilitate criminal action. A majpr elelnent ill the preventive policy of rational choice is to mrulipulate the t1pporlunity structure in a particular environment to redllce the likelihood thflt offenders will choose to commit crime. In the case of the burglar, more than one car in the drivevvay and several lights on in the house might indicate more than one person is at home and not asleep. Observant neighbors might also act as a deterrent. 'Moriarty and Williams (1996) found the flbsence of homeowners between 6:00 P.M. and 11:00 P.M. made the residences most likely to be victimized. rvJ;mipulation of the environment, then, is designed to make the choice of crime more difficult and costly (Clarke and Cornish 1983,48; Cornish end Clarke 1987). This leads to a variety of situahoIlClI crime prevention strategies. The practice, known as "target hardening," decreases the chance that someone or something \Nill be a victim of crime. Target hardening requires the potential viclim to be more active in the process of crime control by taking steps to secure their roroperty. Target hardening has been particularly prominent in the related theory of routine activities (Cohen and Felson 1979, 589). We have seen that routine Clctivities theory consjders how everyday life brings together flt a particular place and moment potential offenders, crime tflrgels, and vulnerability. As is cleflr from the burglary example, the presence of gunrdians is a key factor affeCting vulnerability (Felson [987,911; Cohen and Felson 1979; Felson and Cohen 1981; Felson 1986), Therefore, increilsillg the presence of capable, caring, intimate guardians (such as friends, relatives, and neighbors) of potential victims reduces the prohability of victimization. Walking with anolher person to a p
Classical; Neoclassical, and Ratiollal Choice Theories
95
to crime. These include access control, offender deflection, facilita tor conI:rol, entry / exit screening, formal surveillance, employee surveillance, natural s~lrveillance, and rule setting. While each practice involves empirical research on why offenders choose to refrain from, rather than commit, crime, it is clear that since the 19905 in the case of schools: the increase in serious violence has led many schools adopt such environrnental measures under "safe school" programs. 111e critical question is, have such environmental manipulations transformed schools into institutions more like prisons (Crews and Tipton 2002)? In the process have we undermined the very purpose that the institution was designed to serve such that the controls are more destructive than the original problem (Hinkle and Henry 2000)7 Characteristics of Security in American Educational Institutions and the Penal System
American Public School
A/neriClIlt CorrectiOlll1l SystCIII !vletal Detectors Identification Badges Unifonns
NIetal Detecl:ors Identification Badges Uniforms or Clothing Standard Surveillance Cameras Surveillance Cameras Searches Searches (Persollal Property, Housing (Personal Property, Units) Lockers, etc.) Correctional Personnel Use Teachers Use of 2-Way Radios 2-Way Radios Panic Button in Classrool11s Correctional Officer Panic Button Characteristics of Security in American Educational Institutions and the Penal System
Anterican Public School
At/'lericall Correctional Systerl'l
Locked Perimeter Doors School Resource Officers Controlled !vIovements In-School Suspension/
Locked Perimeter Doors Correctional Officers Controlled Movements Solitary Confinement/
Dl.:tl;ntlvn
PJ.T.t~'-'tiv<.: Cu~.. todr
SOURCE: Gordon A. Crews and Jeffrey A. Tipton, A Comparison of Public Scl1001 and Prison Security NJeasures: Tbo lvluch ofa Good
Thirrg' (2002),
r ,')6
This kind ut l'l'spUIlSe to the fear (II crill Ie has ~TedLed ClIJbiJt!rable conCritics, particularly feminists, arglll' llli:ll routill e activities theory blames the victim, This i,,:> l'specio1l1y true fur rape victilllb. (n effect, potential rni-·de rapists are fun'illlj women to chdllge behavif1r, lifestyle, dnd even appearance, The pulicy dpproach of this lhenry 'Ippe.:llc; to U';ose favoring cost culting and Silllplislic t\::'chnical soluliullS tu crirne, ThL-' perspective may lead to a siege menli:llily, howevel~ as suciety increasingly orients itself "to ever-increasing oversight. and 5urveilhHll:e, fortification of homes, restrictions on freedom of movement, and the pruliferation of guns for alleged self-defense" (Einstadter and Henry 1995, 71). In spite of its theoretical and elnpiricallil11itation~s,the idea that criminals choose to cunlmit crime reflects the U.S. public's psyche. The conselluential strategy of dt'llying an offeJlder the opport.uJlil·y to engage in :rime by manipuldting the physical t'llvironment thruugh target hardenIng, eJlvirunmental design, and other IlIt'dSl.lH:.'S gives people d sense of l:ontrul uvcr their fear of crime.l\egiJrdlt':-.s nf its effectiVL-'lless, rational (~hoict' theury is valuable on these grounds alunt.'. A fund'HHt.'ntal question remains, however, of whet!lt'f crime~ by the powerful should abo be subiect to rational choice ani.llysis and envln:lIll1lental manipulatiun. I roversy,
fJoliL'lj tIwt CrilJlt!s 1{ tilt' POWl.!lJil.!
Shotlld \ve place :"llrveilli:Hlce camlTd::, ill cnrporate boardnlUIl1S dlld curridors of power? II b not just illdividu(ds WilD use ratiunal thoLloht ,0 processes to satisfy lheir goals without regard for the harnl calJsed to others, but curporatiuns also do this, ufLen willI deadly re~ulls. For example, there is no question that rational choice dl'cisionmaking aHects the decisions in cases ot corpordle crime, but rational choice theon' is rmelv [0Glsed on thi::. issue, All e.xceUellt i11ustratiull uf the priority of rational ~'osl/L)l-:'llefit calculalion in coqJoral.e fraud is fuund in the case of the Ford Pinto. III the 19705, th~ Fo.rd 1\/lotor Cumpany, under President Lee Iacocc<:l, W,l,'" lTying to reclaIm Its lost car market from foreign competition. Goth Vulkswagen and Japanese carmakers had been suc('('ssfully selling SUbC01Updct cars at 1'1:'1,,1lively lovv prices. Tn ~'urllpele, fOhl desjgnL:d and developed lhe Pinto tn sell for less than $2,OUO. From its illtruductiun in 197U, lhe Pinto soon bee.ame the fast.est-selling domes tiL' :'d Ibcumpact. Unfortunately, preprocluc!lOll crdsllle~l~ sho\ved the vehidl"s fuel tel1l!.:: \,vas easily ruptured during reilr-Clid U)III~lUIl:i ill :speed;, uver Z,j lflill:'sper huur. l--Iovvever, as fatal fiery crashes began to OCcur involving the Pinto's in~Idequ~te ~as .tank, ~ord made the rahondlly based decisioll !lui III replace lL An mcllCatlOll 01 the decision pwcest-; involved thilt sllfJpurls rational L'huice assumptions is available from an invl:~ligdlivl' news report of the
I
'!ilssicnl, Neol'lnssicnl, and 1?lIfio/l1l1 Choire Theories
97
time (Dowie 1977). This showed 1l1althe cost of making each car safe would be $11. Slit when multiplied by the number of cars, the sum was more costly lkm lhe l'xpectecl liability from injury suits: "Although the company cilkuLltcd lh<11 eleven dollars per car would make lhe car safe, it decided HI,ll lhis was 100 costly. They reasoned that 180 burn deaths and 180 serious burn injuries and 2,100 burned vehicles would cost $49.5 million (each det'llh was figured at $200,0(0) but Ill'lt recall of all the Pinlos,liId tIll" eleven-doll'lr repllir wOldd 11ll10unllo $137 million" (Simon and Eitzen 1982,99). IV[oreover, evidence obtnined from a ford memorandum titled "FalalitiesAssociatcd with Crash-Induced Fuel Leakage and Fires" Jai,] out these rational calculations. As one cornmentator noted, "This cold cnk:\llal:lun demonstrated Ford's lack of concern for anything but profil" (l ;reen 1990, 129). Deaths frC.Hll cbngewus gas tiJnks OIl l"lle Pinto (Ilnd the 1vlercury Bobcat) were estimated by 1977 10 nlllTlber 500 to 900 (Dowie 1977; Box 1983, 24l. In 1978, Ford \vas indicted by ,,1 grillld jury ill Indiana on three counts of reckless homicide for the deaths of three teenage girls in a fiery rear12nll collision, but the company \\',15 acquitted of this criminal charge in 19,sO (Cullen, rVInakestad, <'Ind Cavender 1987). The Elkhart, Indiana, county prosecutor, 1vlicheal Consentino, felt COrpOI'iltions, like individu;:ds, should be held accotlnlable for their actions (Becker, Jipson, and Bruce 20(2). Also in 1978, Ill(> U.s. Depmtment of Transportation ordered
If rational choice the'ory has a plaCE' in criminology, it certainly needs to be ;q.. plied In ill! forms uf criminal IJcmll. Policies that emerge from the theory need 10 go beyond the individual to include organizational and even ;iWte It'veb uJ filuonf11
[IWICe
c1eciij-IvluHdhin& p-h:'llJ")'
19~rli Dmclh
1(91). Consumers and clients need to develop ways to avoid their routine vulnerability, such as ilvoidance of relying on experl knowledge of professiumJ1s, developing cynicislll over cummercial and indllstrial processes (e.g., fond l'rodllClion (llld wasle disposal), and avoiding relations with
Essential Criminology
Classical, Nmclassicnl 171111 RI1!iIlIJl71 C'hnin> '7'hmrif'5
corporate and government systems that use and abuse power. Fortunately some criminologists are avvare of this and have begun applying both rational choice and routine aclivity theory to corporate and 'whitecollar crime (Paternoster and Simpson 1993; 1996; Shover and Wright 2001; Vaughan 1998).
Rational choice and routine activities theorisls fOCllS on the design, security, and surveillance measures thflt potential victims Hlay take lu frustrate potential offenders. The goal is 10 increase tile difficulty, risk of apprehension, and time involved ill committing crime. These same theorists, howevel~ rarely consider applying such environmental disincentives to crinles of the powerful. Should they do so? One ramification of adopting such practices is that potential criminals lIlrly seek other, less vulnerable targets. A further crilicism of classiCi'll justice is that selling punishmenls equally, or even proportionately, takes no llCCOllJlt of differences in offenders' motivation, in their ability to reason, or in their perception of the meaning and importance of punishnlPnt. It also fails to consider irratiollal behavior, spontaneous crimes (e.g., violent crimes cOlTlllliUed ill "the heal of the moment"), or the role of peer groups and their different effects on rationally calculating individuals. As soon <15 these differeIlC'f'S are acknowledged, we are no long-er dealing with n classical rationed choice model. Indeed, recognition of these deficiencies coupled wilh scientific advances (in research methods, biophysiology, psychology, sociology, etc.) led criminologists to focus on a variety of "causes" of criminal he-havior. The following rhapters explore these scientific criminnlogies ill more detail.
98
l
Summary and Conclusion Classical theory has been credited with enhancing democracy and with reforming harsh, arbitrary, and brutal techniques of crime control, including the elimination of torture (Einstadter and Henry 1995), but its limits were soon recognized. It is overly idealistic. It proved almost as unjust to treat people the same who were deady different as to treat people differently arbitrarily and capriciously, as had pre-Enlightenment justice. A society that celebrates individual ilchievement produces disparities of wealtht statust and social standing. Any attempt to provide equal punishments that ignores this reality simply provides those who can afford punitive fines or an adequate legal defense with a license to commit crime. The result of such a system is that it proves to be more just" for some than it is for others: "For whereas the rich offender may be cushioned by his or her wealth, the poor offendert with the same sentence but little to fall back ant is punished in fact disproportionately" (Young 198], 266). Jeffery Reiman ([1979]1995) apUy proclaimed this in his book The li
Rich Get Richer and the Poor Get P,.isoll. Policy implications based on rational choice premises have both positive and negative effects on an individual's or a group's calculation. The US. system of criminal justice employs these principles in the clue process model, but criminal justice deals with the issue very narrowly. Originally, classicists assumed that if punishment was certain, swift, and sufficiently severe the potential offender \vould be less likely to commit the crime. Contemporary versions of classical thoughts have reintroduced several of these ideas. Mandatory sentences and limited discretion are logical extensions of the tradition. iiowever, determinate sentencing policies deny consideration of individual circumstances and any need for rehabilitative corrections. Advocates also do not apply the Same plincipIes to offenders who are convicted of more than one offense. Selecting some aspects of the classical model (deterrence and certainty) while ig~ noring others (proportionality) can lei'ld to law and order distortions of the classical position that produce outrageous injustices (life in prison without parole for smaIl-scale property offenses). Should corporations that act criminaIly be sllbjt:,:ct to mandatory sentences and limited discretion? Alternatively, are corporations sufficiently c~ifferent that these differences must be recognized when dispensing justIce? And what about corpornte rehabilitation?
Summary Chart: Classical, Rational Choice, and Routine Activities Theories Basic Idea: Essentially an economic theory of crime captured in Ihe idea that people are free to choose crime as one of a rClllge uf beh,lViorill optiuns. Human Nature: Assumes thilt humans Are freethinking, ratiunal decisionrnakers who choose their own self-intere.c.ts by weighing plpasure Af!;l'Iinst pClin and choosing the fonner. Their choice is goal-directed and ainlf'd at maximizing their sense of well-being, or \ltility Utility depends on \vealth, alld life is evatu ated primarily in monetized tprms ,mel call include the value and use of timf'. Rational choice and rOlltine al·tivities thHlrists acknowledge
of their freedom to tile state so tlliIl tlley may e"I"y tile WIt
III
SEl'lIrHy. 501ne
economists, however, see orcler as (l situation uf conflict (lver interests. Lmv preserves the individual's freedom to chuose. Crime is defined by tlu:' legal code such that there is no crime without law. There is (l preference for statutory law. Causal l.ogic: Free choice, lilck of feilr (If punishmenl, ineffective criIIlinill jll.sticp system, iW(lilnblp Ill\gllil I'dI'll Inrgf'ts. nt1pnrllmistic .C.itlli1tinns. Crillle is Ihe (l11!
/(1{)
Essentinl CrimiJlology
come of fi'lhOllal calculation. Of!f.mders act on their perception, rather than reality, thnlillf' henefits of criml2' arguing Ihat il low perceplion (If thl' prubilbility of hoth efficient police preferred to simple prf'Sf'llCf' of p(llin~, (lli trii'll by peers, (12) right to appefll to independent bod.y The rlllicy involvps (I) t"etril'llt i< \11, I:n jllst 5 e>r tllf' powerless, lUll tIl thosp of tlw pOwt"rrnl. j
;0
4
"Born to Be Bad" Biological, Physiological, and Biosocial Theories of Crime
The ided that crime is "ill tile blood," llldt certain criminal behaviors dre inheriled, is the hallnldrk of thl: biological approach 1.0 criminnlugic
"101
t.-:Siieillilll C'rilllillology
"130m to Be Bad"
probable Cd lise of Ill::. I..:rilldlldl acliuJl::;" dod the prirndrY precipitating factor in the mass murder (IJolmall and Quinn 1992, (j()--67). The note Whit111<-'111 jeft llext to his wife's body contained chill1llg insight into his medical almorllldlity. Parts of it read:
ln this chapter, we present the basic premises of this search for the causes of crime, outline the historical context under which it evolved, provide illustrative examples of the early and contempordry studies, evaluate findings and assumptions, and provide policy irnplicalions.
/1)2
J hdve been d vidim uf mdny unusual auJ irrdlilltl,d thlJllght::; ... overwhelming vjuletlt impulses.... After my death i wish that an autopsy would be performed on me to see if there is any visible physical disorder. I have had some tremendous headaches.... 1decided to kill my wife.... I cannot rationally pinpoint any specific reason. (www.popsubcuJture.com!pop/bio project/dldrles wbitmdn.btmJ)
CoulJ this 1l111r\.J~r ::;pnc:e have been preveltted through "modern" biutechuulogy? Is it true that "a SYSlellldtiC predetection ... to prevent risky individlldb ond groups from becoming manifestly dangeruus" (Gerlach 2U01, 97) is now a reality? If the viok'nce is the result of genetic inheritance, tumors, or changes in budy chemistry, can the subject be held re8ponsible? Biological explandliuw:i of crime have appeared silll:e the sixteenth-century "human physiognollly" (the study of facial features) of J. Baptiste della Porte (1535-1615), who studied the cadavers of criminals to determine the relationship between the human body and crime (Sdldfer 1976, 38). In the 17605, Johan Caspar Lavater (1741-1801) claimed to have identified a relationship between behavior and facial strucl:ure (Lilly, Cullen,
and Ball [1989119'J5), and in 1811J Franz Joseph Gall developed a six-volume treatise 011 ·'LTdlliology" or "phrenology." According to Gall, crime was une uf tlte behaviors organically governed by d certain section of the brain. Thus crilninalily cuuld be ascertained by measuring bUlllpS on the head (Savitz, Turner, and Dickman 1~77). The biological explanation for crime did not become fully established, however, until the late 1800s. Following the J 930s there was a histurical aversiun to biological explanations among many crimi!lu!ugists (Wright and Miller 1998). This changed with the publication of E. O. Wilson, Sociobiology: The New Syl'lthesis (1975). In the past fifteen years there has been a huge increase in the numbers of studies dealing with genetics, personality traits, and behaviur, with even SUIl1l2 criminology textbooks taking j] pro-sociobiological evolutionary perspective (Ellis and Wd]sh 2(00). By the early 2000s there had been sigl1ificdltt adv,_iIlces in HIe search for biological causes due to mure sophi5tkcltCJ diagnustic proceJures. VYe now know, for example, that "various kinds of brain injuries and cerebrospinal disorders can be n.~!dtt:'d to severe personality changes and emotional problems, which, in Uleir turn, can be paired with maladaptive behavior ... also viral infectiuns such as the B01Tld discdse virus are often linked to neurobehavioral and 'enlOtional' disturbances" (fvfartens 2002, 172).
103
Biological and Positivistic Assumptions "1'0 understand biological theories, it is necessary to grasp the- Ilnderlying
assumptions about humans that biological criminologists tllake. The major emphasis of this applied science of criminology is that humans have unique characteristics, or predispositiuns, that under certain conditions lead some to commit. criminal acts. In other words, something within the individual strongly influences his ur her behavior but this will only emerge in certain environments. For example, some people seem to behave perfectly normally ITlOSt of the time, but when they get behind the wheel of a car the slightest inconvenience sends them into an angry rage Games and NahI2000). Without the automotive environment, they do not manifest anger. According to biological theory, the sallle can be true for offenders. For some, perhaps Winona Ryder, who un November 6, 2002, was convicted of shoplifting uver $5,500 of merchandise, department stores provide an environment that results in shoplifting when combined with their personal predispositions. The setting and act together provide a thrift which according to biological theorists might satisfy an abnormal need for excitement. For others, the environmental trigger to crime might be alcohol, drugs, or being subjected to authority. For early biological criminologists, the classical philosophers and jurists' view of crime was unscientific speculation. Any serious examination of criminal behavior cannot assume humans are essentially all the saIne (rational thinkers). Rather, they i:lrgue, looking at individuals' unique characteristics and differences would reveal the underlying causes of criminal tendencies. The key to understanding crime, biulogists believed, was to study the criminal actor, not the criminal act. Criminologists should study the nature of criminals as "kinds uf people" (Cohen 1966) who would commit such acts. Of central importance to these founding biologicall.'I"iminologists was how to study the criminal. Accurate study of human features demands rigorous methods and carelul observation. The approach these pioneers of scientific criminology adopted is caIIed the positivist method. It is defined as tlle "application oj tJ1E scienUUc metllOd to the DtLllI)' oj the bivlogical, psychologicat and social characteristics of the criminal" (VoId and Bernard J986, 45). lts detailed direct observation, experimentation, and use of controlled samples allowed criminologists to identify individuals with a predisposition for crime. This method of research is still vely
lU4
Esse/llial Crilllillology
prevalent today and forms tile basis of most contemporary criminological theory, regardless of its disciplinary roots. As Rafter (1992, 1998) points Olit, however, unlike contemporary positivists, early positivislt:i also accepted folk wisdom, anecdotes, and analogies to !ov\'er forms of life as part of their empirical data. Criminal anthropologists were the first to take all interest in this approach. They believed that criminals could be explained by physical laws Ulal denied any free will (Rafter 1992,1998). They claimed it was possible to distinguish types of criminals by their physical appearance. The physical features most often studied were body type, shape of the head, genes, eyes, and physiological imbalances. Although their methods were crude and later shown to be Hawed, an understanding of these founding ideas is instructive. As 1vIartin, 1vlutc1mick, and Austin (1990) have noted, we need a few good "bad" examples to help show us which way to go in science.
The Social Context of Cri11linlll Anthropology Evolutionary biology heralded a different way of luoking clL hllllldl1 development. In 1859, the Englishman Charles Darwin (1809-1882) presented his U,eory of evolution 0" the Origill of Species ([1859]1968), in which he argued that the development of any species proceeds through natural variations among offspring. The weakest strains fail to adapt to their environment and die off or fail to reproduce, wlll::,!'eas the strong survive, flourish, and come to dominate the species aL a Inore advanced state. Cesare Lombroso (1835~1909), a professor of forensk medicine, psychiatry, and later criminal anthropology, together with his students Enrico Ferri and Raffaele Garofalo, applied these ideas to the study of crime. This "holy three of criminology" became known as the Italian School (Schafer 1976, 41). Their position ""vas radically opposed to Italian classicists such as Beccaria, whom they saw as overernphasizing free choice at the expense of determinism (1~erri's dissertation was on the problem of free will). I~ather than seeing humans as self-interested, rational individuals possessing similar abilities to reason, the Italian School criminologists believed humans differ and some are more prone to crilne than others. As Young (1981, 267) has pointed out, their approach was the mirror ilnage of classicism: "Free-will disappears under determinacy, equality bows before nahlral differences and expert knowledge, and hlllIlan laws that are
crcated become scientific laws that are discovered," If classicism is the language of logical deduction, traditional opinion, and abstract reasoning, wrote Ferri (1901, 244), "We speak two different languages." The new scientific criminology, founded on positivist assumptions, valued the "experimental method" as the key to knowledge based on empir-
r I
"Bor1l to Be Bad"
105
ically discovered facts and their examination, This lmowledge was to be achieved carefully, over years of systematic observation and scientific analysis. The Lask of the criminologist was to apply the appropriate scientific apparatus, the calipers, dynamometer, and aesthesiometer, to meaSllre and chart the offender's deformities (l\.after 1992). Only then would we discover the explanation for crime and for what would become Imown as the "born criminal."
The Born Criminal To appreciate the revolutionary nature of these early biological and physiological theories, it is necessary to recal1 that in the late nineteenth century, science was viewed as ~ a sort of "new religion," a source of knowledge and a solution to problems such as disease, starvation, unemployment, and-of interest to us~crime. Lombroso is widely recognized as the most influential founding scholar to rely on the scientific method to study crime and is often called the "father of modern criminology." With Ferri and Garofalo and later his daughter Gina Lombroso-Ferraro, he explored the differences between ordinary, "noncrimina1" people and those who committed criminal offenses; therein, he argued, would be found the secret to the couses of crime. Lombroso's theory of atavism, explained in his 1876 book The Criminal fdau, was founded on Darwinian ideas about humanity's "worst dispositions," which were "reversions to a savage state" (Darwin 1871, 137). Atavism (meaning "derived from ancestor") is the reappearance of a characteristic in an organism or in families Clfter it has been absent for several generations, According to this theory, criminals were hereditary throwbacks to less-developed evolutionary forms. Since criminals were less developed, Lombroso felt they could be identified by physical stigmata, or visible physical abnormalities, which he called atavistic features. These signs included such characteristics as asymmetry of the face; supernumerary nipples, toes, or fingers; an enormous jaw; handle-shaped or sensile ears; insensibility to pain; acute sight; and so on. Possessing five of the eighteen stigmata indicated atavism and could explain "the irresistible craving for evil for its own sake, the desire not only to extinguish life in the victim, but to mutilate the corpse, tear its flesh and drink its blood" (1911, xiv). Not all criminals, however, fell into the atavistic category. By the fifth edition of his book, Lombroso recogfuzee[ lour 111<:1111 clfI3;;;e;;; 01 cl"lllun;;11;:;. T11e lU';;;L, 1"clcITCcl to "'-;;; t11.C --J.j01Tl
crimina!," was atavistic, responsible for the most serious offenses, and recidivist. This group made up about a third of the criminal population and \:'as considered by Lombroso to be the most dangerous and incorrigible. 1 he second class, crimina Is by pnssion, commit crime to correct the emo-
r Iflli
Essential Crinlil/alogy
tional prJill of an injustice. Third, the insane crimin;lt could be an imbecile or have illl ilffected brain and is unable to distinguish right from wrong. Fourth, the occasionr:ll criminal included fouT subtypes: (1) the criminaloid, \vlm is of weak nature and easily swayed by others; (2) the epileptoid, who suffers from epiJepsy; (3) the h<''l.bilual criminal, whose occupation is crime; and (4) the pseudo-criDiinat who commits crime by accident (Marlin et oJ. "I 991l, 29-32). Eventually Lamhraso conceded that socioenvironmental factors, such as religion, gender, marriage, criminal law, climate, rainfall, taxation, banking, anci even the price of grain, intluence crime. By the time his last book, Crime: Its Causes and Remedies ([1912]1968), \vas published, he had shifted from being a biological theorist to being an environmental theo~ rist, but not without forcefully establishing the idea that criminals \verp different from ordinary people and especially the powerful. Even though his main irl\?as \vere disproved and his research found to be methodologically unsound, the search for the biolog1cill cause of crime was inspired by his work (Goring 19"13). Lombroso's shlClent at the University of Turin, Enrico FNri (1856-1928), was even more receptive to environmental and social influences that cause crime, but he still relied on biological factors. Ferri studied statistics at the University of Bologna, Haly. Laler in Paris he was influenced by the ideas of the French lawyer and statistician A.]\;1. Guerry (1802-1866) and the Belgian Inilthemalician and astronomer A. Quetelet (1796-1874). Ferri used his SIi1tislicilllraining to analyze crime 1n France from 1826 to 1878. Ferri's (19(1) stlldies suggested the causes of crime were (1) physical (race, climnte, geographic location, etc.), (2) anthropological (age, gender, psychology, etc.), <md (3) social (popuJation density, religion, customs, economic condltions, etc.). This view was obviously much more encompassing lllnn Lumbroso's and is not dissimilar from modern ideas about multiple Ciwsality. Ferri's anticlasslclst ideas cosl: him his university position. They also affeetr'l! his views on criminal justice and policy, which he was invited to irnpJelllelll in Mlissolini's fascist regime (and whlch were eventually rejected for being too radical). HE.' reasoned that since causes needed scientific discovery, iuries of laypeople were irrelevant and should, he believed, be replaced by panels of scienlific experts, including doctors and psychiatrists. Not surprisingly, since he rejected the idea that crime was a free c!wice, Ferri also believed it was pointless to retributively punish offenders, preferring instead the idea of prevention through :;J!h?rn:1tivE'S (which 11e calJed subslitutions). His ielea was to remove or minimize the C<'luses of crimp while protecting the stale. He advocated "hygienic measures" sl1ch CIS social and environmental changes and, consistent with his socialist politics, favorE.'cl lhe stRte provision of human services. fIe
I
"Born to Be Bad"
107
also advocated "therapeutic remedies" that were designed to be both reparative and repressive and "surgical operations," including death, to eliminate the cause of Ul€ problem (Schafer 1976, LI5). Ferri's primary contribution was to offer a more balanced, complete picture of crime relying on scientific methods. Raffaele Garofalo (1852-1934), also a student of Lombroso trained in the law, was of Spanish noble ancestry, although he was born in Naples. He saw crime as rooted in an organic flaw that results in a failure to develop both alt.ruistic sensibilities and a moral sentirnent for others. Garofalo presented a principle called adaptation that was based on Darwin's work. He argued that criminals who were unable to adapt to society and who thereby felt morally free to offend should be eliminated, consistent with nature's evolutionary process. This should be accomplished through nne of three meUlods: death, long-term or life imprisonment, or "enforced reparation" (VoId and Bemard "1986,44). These theories have been relegated to the status of historical artifacts, allhough each contains some resonance of truth. The research methods employed were simplistic or fla\ved, revealed a racist bias, and have not stood up to empirical verification. The theories are important because they chart the course of later theories and also point out the importance of using scientific principles. Many of the research methods associated with the perspective of tile Italian school persist into the twentieth century.
Early U.S. Family-Type and Body-Type Theories Shurtly after tile conclusion of the American War between the States in 1865, it \\'as widely believed Ulat there were basic differences between individuals and between ethnic groups and that certain families could be mentally degenerate and "socially bankrupt." This notion has to be understood in historical context. U.S. society was undergoing rapid transformation with the abolition of slavery and massive immigration of Europeans of various ethnic groups, who, like the freed slaves, were largely poor and unskilled. These immigrants moved into the rapidly growing cities, where, living in crowded conditions, they presented a threat of poverty and disease to established Americans. Since the 1870s some Americans had been calling for eugenics measures, according to which a nation could save its stock from degeneration by rejecting the unfit preventing their reproduction, dnd encouraging the fif: to DITJCTfI;;jt~ (Md(j,m 1900; Rofler
J':7"J1).
Richard Dugdale's work was consistent with these views. In his book The lukes: A Study in Crime, Pauperism, alld Heredity (["I877J 1985) Dugdale found lhat a family, ·which he called the Jukes (from the name of the family of illegitimate girls that a Dutch immigrant's sonS had married), had
r f;sselltilll Crimi/lulu::;y
"Born tel [-;/' Find"
crimini:lls iil it for six generations. Dugdale cOllcluded 111<1\ "lhe burden 01 crime" is luLtlld in illegitimate (unmarried) family line::;, Ulal the eldest child has a tendency to be criminal, and that mal~s are lllorl~ Iikelv than females In be criminaL Obviollsly lIb conclusions are subjL'd to v;rying interpretations. Following Dugdale':; degenerative 11leory, ElLrOpedJl LTiJlllll,d 'llllhrupology became available in the United Slales through a variety III wnrks (e.g., IvlacDonald 1893; Boies 1893; Henderson 1893; lJrahmsI9(HI; Lvdston 19U4; see Rafler 1998 for an overview). These Clilihors weft' lilt: {irst U.S. criminal anthropologists to claim thed their approach WdS a new scil~nce studying the criminal relther than lilt:' l~rime, just (IS medicine studies disea~e. Rafter {l9LJ8) ::itdtes that the cerltral assumptioll of this new sc.ience was that the physiccd budy min!)r:,; moral capacity ,:JIll! criminals were, as Boies (1893, 2.b5-2(6) argued, "the imperfect, knollv. knurlv. worm-eaten, halt-rotten fruit u! the hUlll.:ln race." -After the turn of the century, science was still viewed dS Ure sulutiorl to most human problems. Social science research became 1JI01"t::' rigtlrCHrs and improved research methods, such as larger sample sizes and cuntrol groups, became imporli:lrrt. For example, in 1939 E. A. Hooton, a I-]a rvard anthropologist, pI II dJshed TIle ,4l11erictIIl Crimil/III: All AIIl1rrupologic'al Shldy, basvd un his rcseardl comparing 14))00 prisoners to 3,000 noncriminals. His results indicated that "criminals were organically inferior" and that this inferiority is probdldy due 1:0 inherited leatures, illcluding physical differences sudl dS lu\.v Inreheads, cOIllpressed faces, dnd so on. J--Iooton's llleUlOds have been criticized un severi:ll grt)lllh[S. First, his control or COlllp,-lrison group included a large percenl-,:lge III firefighters <-md police olficers vvilu were selected for their jobs based on their large physical size. Second, the diHen::-rKes he found "vere very small, and furthenllore there was mure variatiull between prisoners th~lll behveen prisuners and civilians. Finally, his lllethuds have been called tautological, medning that they involved circubr l"l,:,'asoning. r·'or eX31nple, some people (Ire violent so there must be something wrong with them; find out hmv they are different dnd this explains thei~' viole~t behavior. Ten years later, in spite of a general decline in lIle idea ut a correspondence bel\veen the human body and moral behavil11'. the physician William Sheldon and his colleagues sought to explain HIe relationship bel\,veen the shape of the human body and tempcnllue'I\1:. The most
F,eople \·vilh \vidc shoulders emel a tapering trunk. The final group, ectomorphs, kId thin bodies and \vere fr,lgile, with large brains and developed nervous systems. Sheldon recognized that nO "pure" type exish~r1 , 'was c<'lTlceled as recently as ] 992. By excluding hidden crime, crimes by women, occupational crimes, find crimes of the powerful and by often relying on SCl[llples of convicted offenders, body-type theories tell us more about who is likely to be processed through criminal _justice agencies thCln about "vhat causes crime. These theories were sufficiently tantalizing, however, to inspire a new generation of inquiry into the nature of what \Va8 inherit:?lble. This new ef
/I)/)
\;VUtplclC GllllemellL
lIl\ tille; LypvluSY flnd l.:rillle WuB
\lant·tie:)
ur Uflin-
Yil/ll!l (Sheldon, Hdsll, and tv'kDermott 1949). l !sing som~typillg (classifying human bodies) Shddfm observed threl:' distinct human body types. The first, endoll111rphs, \vere of medium height \vith round, soft bodies and thick necks. MesonlOrphs \.vere ll\l.lsCLd'-l~·, stWllg-bUllt:'d
1j1lCllt
I I 1
709
no
Fs::;enl1nl Criminology
" Rom to Bp Bnd"
Contemporary Biological Perspectives
criminal activity, whereas only 22 percent of the fraternal twillS (DZ) had sirnHar degrees of criminality. These findings persisted ("veil among twins wllo were separillecl Cli birth and raised iJl different social envirnnmenls. Moreover, in all ov(~rvie\v of all previous t\vin studies Ivfednick
In spHe of earlier methodological shortcomings, biological theory and scientific methods remain popular in criminology in the twenty-first century. Improved technology computerization, and advanced statistical techniques have allowed more precise measurement and improved data collection, especially with regard to detailing the genetic process and mapping genes. Genes, called the /latoms of heredity/' were discovered by Mendel in 1865 and reinvigorated again in the 19205 as essential elemenlsin chromosomes. The 1952 discovery of the chemical constitution of genes as an explanation of how "like begets like" fueled the new genetic era of biology. By 1959; genes were being used to explain every aspect of individuals, every variation of their personality yet as Fishbein (1998, 95) points out, while "numerous studies have attempted to estimate the genetic contribution to the development of criminality, delinquency, aggression and anti-social behavior ... it is difficult to isolate genetic factors from developmental events, cultural influences and housing conditions." First among the contempOfi'lry approaches was twin and adoption studies.
Twill Studies alld Adoption Studies A major boost to the genetic theory of crime carne with evidence from twin studies and adoption studies. Put simply, if crime is the outcome of some genetically conveyed heritable factor (e.g., impulsivity, low arousal to pain, sensation seeking, or minimal brain dysfunction), then we would expect to find more crime in the twin partners of identical twins-where one llNin is crimina 1-· than in fra ternal twins or between siblings. This is because fraternal, or dizygotic (DZ), twins occur when two separate eggs are fertilized at the same time and as a result share around 50 percent of the same genes. Genetically, they are no different from two separate eggs being fertilized at different times, as "with other siblings. The other and more rare type, monozygotic (IvIZ) t"wins, results from fertilization of a single egg. These identical twins share all of the same genes from their parents. This explains why TvIZ twins are always of the same gender whereas DZ twins may be a male and female. Researchers have compared twins of each type and claim to find Ihat there are greater similarities in criminal convictions between identical (J'vIZ) twins Ulan between fraternal (DZ) (-\vins, whi..-h lends support to the genetic basis for cfime. The mosl comprehensive study of this type was conducted by Karl Christiansen (1977; Mednkk and Christiansen 1977), who studied 3,568 pairs of Danish twins born between 1881 and 1910. He found that 52 percent of the idenhcal twins UvIZ) had the same degree of officially recnrded
III
112
FS8PJlfinl Cril/fillohl,!{11
I\eporling more recent studies with lilrger samples and looking al- both parents, the author.s found silllilaf although less pronounced results with 15 percent of boys hdvlng criminal records where their adoptive parents <1lso h
"130m lo Be Bot!"
113
Predi~J-!osing Cause .~------- -~ .. ~--~~-"'
xyy chromosomes
Having all (';.;Lra IlldJe chrolllusume pruduces su permal~s who ar", Hlore crime prone <md II lure represenLtO'u in prisuns.
Defective genes
Snuw patLeriiS of g,en~:> <'drry k·rward qualities, such as low ellluLiolla! arousal and impulsiVity, that affelt the brain and ,:ondltiunabjlity, so that under certain environmental umJitions criminal behaviur is more likely.
lliudleUlic,lt, eIlducrirlal. and hUnll{H\d1 illll",liJilu.,s
Certain glarlJs ill the b'ld.y 1-11'1 Hll1l:e hUf1llunes thaL affect LIl... brain dtld I he telliperdftlent. In men, high levels of testosLerone are associaled with aggression; in Wdm('l1, l-'l\~nleJ\slruaf syn,/rulIlf:' (PMS): Changes in w'lmen's hormone levels !-,rior to menstruation pruduce e-lnotional disturbances, irritability, and viulent rages.
I ,liW intelligellLe
f ."tv
fit"
1Q,
leafllinij disabilities, all,:,nLiOIl Jt:,fidl
IQ and hYl-":'l'adivity are seen <15 heritable 'lualities that affed childnm's ability to learn cnnvenhnnalullJrality.
disurder
Hrain chemistry disurders, luw ,lcuvsal 01 auLonomic lIervCJus system, nellft !trallsmilter inllJalance
Those with luw ,JnJllSdl ~Jf tlie dutonomic Ih:,rV'.lus SYSl<:'Hl Ileed gre.Jter stillluli from the envirulIInent and ,-all achieve this thrnugll crime, drug tdLing, and ulher risL·prodIJCing. highly stimulating dclivities. The",,:, with lu\\' levels of the neurotransmiller Serotonin are lllt:,re Jikdy tu become violent.
Biosocial Criminology: A Developmental Explanation of Crime ~incl:'
1lH::' 1950::;, rl'~l:'drdll:'rS lIdVt' n·ceived Illedid allentiull fur vi:lI"iuus "dibcoverie::," that they claim may e.\plain the biological caUties of ("rime (Nelkin 1993; Nelkin- dud Tancredi 1994). The cnver of U.S. News and World I\cport (April 21, 1997) carried d similar title tn that l)f thi::, chapLer, "Born Bad?" and dealt with biologicdl causeS of crill IE'. ·/11bl<::, ~1.1 Sltlnma~ r1zes the main biological processes that lJave bf~en claimed as pussibly rel:::lled to crinlC.
l3efore examining illll,C,!fdtIVC C.\dlllples 01 1.1 lese processes, \ve need to L1ndl:rstand the logic u::,ed by the biosol.'ial (Tilllinologists to explain crime. Biosucial criminology was fOIHlded un the ideas of E. O. Wilson (1975), 'vvhose book Sociobiology t11<:uked a rl~5t1rrectioll of the role oj
1/4
f.':i::it.'111 illl Crill/illolugy
"Hom to Bt! Bud"
biolugiGll thinking ill ~OCid! science. The ba~iL: iJea is that the genetic makeup uf hlJlIlilllS ctJlIlrols their directioll in life as their "selfish genes" ~::;ITive to reprudllce tht'll1~e]ves through whatever nleans is necessary, inl:ltlding crime, H cornlllilling crime ·will expand their ability to procreate dlld expand their gene pool. As Ellis and Walsh express it:
individual is more likely to d\lJose a disturbed or irregular course of action. Thus, the risk of such a response increases as a function uf the number of deleterious conditions.
All ver.siolls uf this gellt'.·based l!leury of evolulion have converged un d siJu~ ple but po\verfu! idea: To the degree that CI particular characteristic is prevalent in a popuiatiuTI t it is likely to have contributed to the reproductive success uf the ancestlJt's of the individuals GllTently living. Increasingly tllis
fundamental principle has been applied to the ing crimillal behavinr. CJ997, 232)
stnd)'
uf behavior ...
indud~
ThllS humail devdlJjJment through family, social, and orgallizational environments inleracts with the hUOldl1 gent:' machine and is adapted, even cuopted, to enhance the human organisIll's ability to dominate others. These environmental contexts, tugdher with eJl:h human organism's ulliqlle biology, shdpe s11bsequent behavior paUerns. AI! serioliS advocates uf genetic explanations fur crime agree that genes dlone dl) nut dell:~rtnine behavior dnd tlIdt there is nl) "crime gene" (Ellis und Wdlsh 1997). Rather, criminal behaviur is seen to result from the combini:ll.ion of hereditary facturs interacting \,vith environmental ones. '](Jgether, these affect the brain and cognitive processes, which in turn control behavior (Jelfery 19'J4; Ellis 1988; Ellis and Walsh 1997; Fishbein and Thatcher 1986; Wilsull and Herrnstein 1905; 1-luf\.vitz and Christiansen 1983). As Fishbein (1991:1,94) explains, "Berldvior (criminal or otherwise) is llol inherited; Wildt is inherited is the way in which an individual responds tu the enVinl11ll1ent. InheritdlKI.:' provides all orientation, preclispUSil:ilHl, ur tendency to behave in a certain fashion." For this reason, some researchers prefE~r the term mabdaptivity rather than criminality, since it includt::'s a ,"videI' range of problem-causing behaviors stemming from a cumbination of predispositions and enVinJl1ment (Fishbein 1998). In addition to the interaction behveen genetic predispositions and environrnent, contemporary biological theorists, unlike Uleir forerunners, do nul abandon the nutiun of free will. 1I1stead, they prefer the concept of conditional [ret:' will. In this dpprodCh, variuus factors restrict and channel an individual's d~cisiun to act and ('<Jch "collaborates internally (physically) and externally (environmentally) tu pruduce J final action" (F;ishuein IY98, 1IJ4-ltJ5): The principle of l:ulldiliullal fret:' will pu::;Luldles tlldl imlividudls choose a course uf dctiOll within d preset, yet changeable, range of possibilities and thM, assuming the conditions are sllitable for rl1tional thought, we are acCOlin table for our actions.... 'This Lhelll)' ... predicts thdt ifone or more conditions to which the individual is e.\I:lt.Jt;,ed are disturbed or irregular, the
115
Unlike earlier deterministic biological theory, biosoci<J1 LTiminology proposes an interactive gene-based developmental theory u.f crime over the life course that integrates rather than opposes these classic notions of free will versus determinism. Yet even this advance on the age-old debate rnay be moot if Rose is correct in stating, "traditional dichotomies of sociological thought-free will versus determinism, society versus biologydre not very helpful in understanding the relationships of power, knowledge, ethics and subjectification that are laking shape vvithin lhese neW practices of control" (2000, 25).
ChronlOsofiles, Nervous Systel/l, Attelllion Deficit Disorder, Hormones, and the Bmin As Cdn be seen from Table 4.1, tile list of causal ci:lndidates for the predispositional side of this inter':iCtive equation is long, and growing. None have captured the imagination more than ti10se based on aspects of genetic theory. For example, in the 1960s a chromosomal theory of crime atlributed violent male criminality to an extra Y chrornosome. This extra chromosome created what was termed a "supennale," who was eXcessively violent. This tileory was initially supported by the finding that 1-3 percent of male inmates had an extra Y chromosome compilred to less than t percent of the general population of males (Jacobs d al. :1965; Telfer, Baker, and Clark 1968). Further research revealed, however, that incarcerated inmates with an extra Y chromosome were less likely to be serving a sentence for a violent crime. NIoreover, the XYY chrOlnusome pattern was mure prevalent al110ng prison officers than prisoners (Sarbin i:lnd !vliller 197IJ; Fox (971). Consequently, the XYY 111cory has now been largely discarded, except for a few stalwart supporters (Ellis and Walsh 2(00). Another candidate used to explain the intergenerational transmission of criminality is the autonomic nervous system (ANS), which controls emotions. The argument here is that people who are not easily emotionally aroused are less responsive to conditioning, whether punishrnent or rewards. Consequently, they re::;ist socialization processes and are more likely to break the law withuut fearing the consequences (Mednick 1977; Eysenck
[1964J 1977). Lykken (1995) fountllJldl antisocial jntlivicluals Ilatl an in[Jum central nervous system defect. Other evidence for this is inconclusive. Attention deficit disorder (ADD) lldS also been targeted as a possible heritable factor in criminality (Moffitt and Silva 1988). Rose predicts Ulat ADD finds a high likelihood of "genetic screening of disruptive schoolchildren,
Esselltial Crimillology
"BOrtl to Be Rad"
with ~re-emptive lrea~ment a condition of continlling sdlUuling" (2UUO, 23). ~DD IS alre~dy a relatIvely conunon diagnosis for children having difficulty ill sch~ol~ wIth ~~ to .12 p.ercent of U.s. SdlOOlboys in 1996 diagnosed with ADD. r~IS condItion IS sal~ to contribute to crime by reducing the ability of A~D child~'en to do well 111 c~nventional activities, especially sChooling. ChIldren wIth ADD are more lIkely to be involved with the criminal justice sys~em. ADD causes t~e111 to be less successful and less accepted in the mamstream school enVIronment and they seek notoriety in more crimi.nal w~ys. Their lack of Success in school also results in a lack of marketable job ~blls and decreased employment opportunities. But critics argue that ADD
(fishbeill 19S9). In contrast/ dopamine is an excitatory transmitter that offsets the effects of low serotonin. As Fishbein (1998/ 99) says, dopamine "operates as the 'fuel' while serotonin provides the 'brakes' for behavioral responses." For example, studies of monkeys and apes show that serotonin is associated with various kinds of aggression (Rubin 1987) and that low levels of serotonin are linked to impulsive aggression. Dolan (1994) also found an association between low serotonin (S-hydroxytryptamine, S-HT) fundion and aggressive behavior. Moraver, the effects of dopamine go a long way to explain the high among /lcocaine" users. Ingested cocaine (free-baSing "crack" cocaine is a rapid way to do this) has the effect of attaching itself to dopamine that has been released from neurotransmitters on its way toward receptors. The modified dopamine is prevented from returning horne to the translllitter with the result that more dopamine is released by the transmitters to correct the apparent deficit. It is this excessive production of dopamine that gives cocaine users their /lhigh." Importantly, it is not the cocaine that makes for Ole excitement but its ability to trick the brain's own drug production system. Unfortunately, since dopamine is only half of the equation! when the other hale serotonin! kicks in the situation of "tolerance" occurs. Over time/ in response to lhe higher levels of released dopamine! the brain produces higher levels of serotonin, which depresses the effect of dopamine. Once this occurs the experience is of normality, rather than a high, and more cocaine is needed to reach a high than previously. However! now serotonin is being produced when dopamine is not! with the effect that in the absence of cocaine! the drug user experiences intense "lows" and needs cocaine just to reach a normal, balanced mood. As with hormones, however! it is uncertain whether changes in serotonin and dopamine are the outcome of changes in envirornnent or the reverse (Gibbs 1995). For example, some primate research indicates that dominant rna les d (l not have low serotonin levels before they move to the top of their social organizational hierarchy, but the level drops after they achieve their dominant position. Similarly! research on the placebo effect suggests tha l neurochemical processes can be induced by human expectations rather than by actual drugs. This suggests not only that biological factors may result from behavioral and environmental ones, but that the biological factors are nol immutable and can be altered by changes in behavior and environment.
116
IS no more than a device to legitimate the medical control of unruly children and help teachers maintain order in the classroom (Box 1977). Hormones ha:e also.been claimed as causative agents in criminality. Hormones are bIOchemIcal substances produced by human cells that are tra~lsport.ed via the blood to other cells, which they'stinlulate by chemical actIOn. HIgher than normal levels of testosterone in men have been linked to aggression and violence (Rushton 1995; Booth alld Osguod 1993; 01weus 1987; R~bm 1987; Rada, Laws! and Kellner 1976). Dabbs, Riad, and Chance (2001) found testosterone to be related to "familiarity and intent for homicide" but not for other violent crimes such as assault, robbery, or s.ex offenses. Zuckerman (1994, 175) found that sensation seeking was l~nked to "low levels of monoamine oxidase, cortisol and high concentratIons of gonadal hormones." In some women, a reduction in the hurmone progesterone that precedes menstruation and arguably produces premenstrual syndrome (PMS) has been said to cause sufficient stress and irritabi~ity that u~der certain circumstances Oley are irresponsible and prone to VIOlent actIOns (Dalton 1961; Taylur and Dalton 1983). But reviews of the evidence suggest that neither hormonal explanation has adequate research support; some have even argued that hormonal changes "Inay be the product rather than the calise of aggression" (Curran and l\enzeUi 1994,73; Katz and Chambliss 1991; Horney 1978).
The IIHporlallce of NellrotmnSJllillers ill Relation
to Depression and Aggression The role of neurochemical processes! particularly neurutransmitters, is increasin?ly seen as important. These are chemicals (e.g., serolonin and ?opam1l1e) released by electrical signals given off by nerves that transmit mJunnutiOIl to receptors in tlle brain. The brain then IIIstructs the bocl)' to adjust vanous behaVIOrs, mcluding aggression, in relation La the human o.rganism's e~vironm~nL Serotonin in humans or animals inhibits aggresSIOn/ a~d haVIng rel~LIvely low levels of this substance released by neurotransmItters results III a failure to inhibit violent and impulsive behavior
1:17
Recen/ Direc/ions i71 Biosacial Criminology: The Worle of Lee Ellis Related to these new developments is a biocriminological theory O,at is increasingly seen as tying together many of the earlier findings. Lee Ellis (1987, 1990, ]995; Ellis alld Walsh 2000) has become one of the leading
118
FSSfillil1!
Cri171inology
advocilles in this field and has contributed significantly to its development following his early Wilsonian influenced diatribe predicting the death oJ sociology (which he compared to Clstrnlogy) and its replacement with biosocial theory (which he compared to astronomy). While Ellis's prediction has not ('ome true, his biocriminology has grown to command a significant place in criminological thinking. Ellis has several dimensions to I~is theory (Ellis and Hoffman 1990; Ellis and Walsh 1997; Ellis and Will.,h 2111(11). In his sensalion seeking/arousal theory, Ellis has argued that under 110r111Ll] environmental conditions as a result oJ lovv levels of dopamine and dopcmlinp-Jike neurotransmitlers called endorphins some people have lower than average emotional mousaL (This is similar to the discussion of cocaine tolerance above, but Ellis is arguing that for some the "low" is il predisposition,) Whereas most people me excited by a wide range of stimuli found in Uleir daily environment, dopamine depressed people are easily bored. To raise their level of arousal and to bring back normat or even accentuated levels of arousal, such individuals engage in superchallenging or intensely stimulating activities. Some of uS surf in hurricanes, others street race, yet others turn to crime, Indeed, such sensation seeking is "strongly linked to other antisocial traits such as impulsiveness. recklesslless, irresponsibility, and criminality" (l'vlartens 20D], 174). Criminal hehavior provides this "on Ule edge" stimulation for such "sensation seekers" (Ellis 1995; Zuckerman 1979). Ellis arguE's that we can expect a higher level of criminality from sensation seekers th,m from those with normal sensitivities to stimulation. Evidence hilS accumulated supporting the idea that sensation seeking, risk taklng, and impulsivity are biologically determined (Knoblich and King 19 Q 2;rvlagnusson, Klinteberg, and Stattin 1992), and studies of convicted offenders reveal that a key motivational factor is a neurophysiological "high" experienced in the course of committing an offense (Wood, Cove, and Cochran 1994; Gove and \,yilmoth 1990). This high is similar tn the intrinsic pleasure experienced from drugs and alcohol; it results from a similar external stimulation of internal opiates known as endorphins (Wood et ill. 1995; Fishbein 1990; Fishbein and Pease 1988). As Barak (1998) observes, Ellis's theory of arousal may also explain corporate and white-collar crime. Corporations have been shown to seek precisely the kind of execulive Tllot-ivated 10 mi1:xirnize sensations through risk taking, Clnd it is illsl such 11 profile lllat is n.ssociatecl with corporate crime
"Born to Be Bad"
119
.. t·1 u115 ·15 U1e idea that it is in men's reproductive interest to behave exp Ialia " these \-vays. For example, rlK theory assumes Ulat rates of reproduc~~~n va.ry along an evolutionary continuum from r to K. Persons a~ ~he r end reproduce prolifically and do not ne.ed to c,are mU~h for ~heir offspring as there will be many and some wII,1 Sll,rvIve" In C"Ollt~asl those at the K end produce a smaIl number of offspnng 111 whIch they fivest m~dl and energy to ensure U1eir survival, and are generally more calmg b~' d .lnurturing. Criminals and psychopaths are expected to be at the r en , dnl. , . 1 d' d ~ to coIlle from large families, begin sexual actIVIty ear y, an pIa lice many offspring, Ellis acknowledges the racist infer~nces tl:at could be .1 ' 'v~n from such an idea and states, "whichever raClal/ethmc groups or eN "al strata exhibit r-related traits to the greatest degree WI·11 a1so exl·bt 11 1 soC! h 9 ~ ?57 high rates of crime and psychopathy" (Ellis ilnd Wak 1 9/, _. ). Related to these ideas, "cheater theory" argues UBt some sexually ag~Tressive men seek to dominate as Illany women as possible and employ ~eception to appear like the high-investing 111ales that women ~eek They use illegal and violent means to acquire the reso.urces ~or mu~tIple sex~al access to females, Yet others, when WOfi1en reSIst theIr cautIous matlllg behavior, will use force, including rape, whicl1 Ellis and Walsh (1997, 255) refer to as forceful copula tory tactics/' to overcome the tenSIOn belw~en the sexes, These authors recount a similar line for spousal assault, vvluch is seen as "associated with maintaining exclusive copulatory a~cess,fI and they predict that Ilspollsal assaults should be most common m populations in which infidelity is most common" (256). . These biological explanations nol only show "that evolutionar~ Uleories of criminal and antisocial behavior have in fact reemerged durlllg the past two clecades" (Ellis and Walsh 1997, 260) but also embody racism and sexism that resonates with the discredited nineteenth-century bIOlogical criminology. One can only hope tllat the ge,nuine c?ntr~bution that biosodallmowledge can make to our understandlllg of cnme IS not swept away by the broom of reaction to these applications of its insights. In~ deed such controversy is already stirring, In general, Platt and TakagI (1979) called the trend toward biological criminology "scientific racism." Their claim has some basis in past government practICes and, as we Illustrate below, some merit. •
0
II
Bivsocial Theory and the Racism Controversy
(erm:>; 1978; 80:-: 1 (83),
Perhaps the most contl'ovet'sial theory Jinks biology, rdCQ,
_More disturbing is Ellis's cluster of biocriminological theOlies based on the reproduclive drives of lhe selfish gene, -which he uses to explain behavior from [Clpe, spousal assau](, child abuse, i'1nd male sexual promiscuity InlllPft (Ellis and Walsh 1997). The common theme underlying tl1f'se
the forefront of this movement is ]. Phillippe Rushton (1995, 1999). Rushton argues that races with lower intelligence are more cri~e ~rone. For example, African Americans are 1'2 percent of the popl,llatlon In the United States but account for 50 percent of violent cnmes and 67
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percelll u1 rll[lL1t:'ries; 1IIree-quart~rs uf the \V\llllell Hr -I I I' I, " 'I I '] A' < es t:;'L tlrHiflllCl[ b] ac;., I L'dllvV 11 C, ' S,13115 are lll"lllllti' II . _I L t.' "... t-, t", . ,. 'I 'I" .- . < uualJOn beLWt't'll . . _ . _I . .. . ellS _ J~, lpulllt W lItes a idly iden,tical vel Ilisl,al1'IC'S aI'" I:'Ive. I''l11li'S rnor"c Jl~ <-Ire Vlrlu11"1 IbP,dJlIl'S . , .... ' ,:nmes. SInce I{IJ:,!llun discounl" " II " I . l:: 1 "e? tu UJI11tlUt :strcl:'t ::; ell lila e\'p!arl"lIInn I' f I' l:annot be expbilled bv lite nce,! , . ' , 1'" ~ lIS InL Illbs lor a monO! cornplele criliqlle).c dlle 1I1111l:' lypothesls (see Lynch 2000 .Ife
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Future Dired,ioll-s in Biosucial Crlllli/lolotllj ,,,. l.nLerestingly, it is ahvays the newest discov -' .',. '. lor crime that hold the most promise 'I'll'" , l::~ ~LS 111. U,I~ ,LllldU,ljIC~ll St'cll\,__ lt pabon theory, bast::'d on dynamic"~ .. :) e \e~.\ I~Ites~ Idecl, henetll' antk'i-tion to criminol w'· t- : , I" ,"jel1l~ mutatIOns, wlll ut!el" {l new direct,"::!]s::;, SInce t lese clli.:I!!ew'(' rv!" '1"1' I . heredit},. Genetic resean'hers liTV:' I'",. ..'':1 L'lll t, S C asslC bvv of . " . C l Isco\!l'lt'd tllel! new 'T~" I' ca ]1 eel tnplet repe'lt Hill t I t ' , , .,' , . .. . . gUll::' III U a lIons,-" ' ' . LIons· clre nul bLable but chaner;, . "I t' 1 ,He passed lrom parent to child (S U + . .,',. ,oc edc 1 lme lWy 199~)' The n I" I' , , " U 1tl ,111d dlld hldl,ucb 1994' Randall ~ . . 1UdJOlluccursmarepl'i:ltfor" . ',",' .. ' fain parL of the ,'Tene AlI" -l"J ] , III 11 I U:'I lalll IllldeuLHles at d cer. 0 . 1llll\!1 LIa::; llavt::' some nJ Ih:'--' ".,.. " persons 1-vlth certain knlHvn Pen I'" I'", ," -, Lse ,Iepeats bL,11 M e Ie ( ISeases havt"'lS 1 1 IJ) Iivloreover, when the repeats i1r~> ]1' ",. '1 'I " '" ] lcllly as ," l O. . " " clssel l own a creneral' II b 1'1 " '. b c Jun ,1t::'V eCOllle I lwhlv unstable an '1 , o lamp 1 V, re::;ultlJlg In '--'-reate' ~I' ". : I' , and its earlier onset Stl far 'II ' , II "I 0 I e lanCl.:'::; u1 lle clJsease . • . ~. c, 11S1t'or)TlaS unl\' I,"" ' , I" "I ' , dlseres and . f .., . ten cl1'P lL'l to sneclfIc ~ c::' c SOllleorms of mentll1 ·"t' '1,' I ., 1 lU,r it 1-vill not be Juno' before Lhl's II ~t,. d:~ 'llLJ~lJl,)lJL I.f hIstory is el,preclic. 0 . leoI\, I~ )ellW dl'IJhe II " ... ] 1 ' lies and even used to expl' '. "1 " __ , . b' l U l.lIJlUna anll, , ' . , . .elllll langlllg CrIme rfltes! In summar)', IllS clear '] survey , , hCJln II'll'S' . '. I,ne uf tl . , "., . : rary biological theories th ttl r --' ' '., Ie ~a.nge ul cOJltempo. ., a ItstapploachesareciIfli Itt .. -'' . terms of the certainty 01 theI'I' "olllr'[ (. L.., III ,. . I1U IOn to enll . ] [ Iell ," 0 dS:;;eSS " CrItICS the I'd I . . llll3 )e l{l\'ltlr. hH some , evance ut )IU ogV to cnlllmnlrw I" "'.. . . l:ontroI and is mc',' 'I 1 1'·. : 'oy IdS 11lUIl' tu dl.l \Vlth crJJllE' , e Ie a ec to gelltllcll"" .'. . - . ployment LTenetic risk Ill'lll' ' " c',1 ~L1lrll,1Jl.lt]nn 11,' ,J1'C'I',I"'ln,."-,, ,"tno , agement alii 'jll1SI-C r 0 II offenders (Rose "000) A' t! ]. ':'" c UJ ::-.el1bLlrl reahnenlof ~ . ~ 1e 1St uj tJ]ulno-kal bet'J·'· . b refutation from acc1ll1luIaI'ec"] 'I 'I' 11 ' ,c lIS gn',n,v::., so does the S lIllt::'::., \.t:'se'J]Th,f" 1'" :' , support lor connections bel', ' ' .' c e S lclVe 51) far Jound httle . . vVeen d b gressJOI1 ']11"1 I' ,-' I" ' Isl:ry, and hormones (Cibbs 1Clc)S)' , I -j~.' c _ l P 1~:;;1O ug)~ bram c:hem- - e.- ,a tluugh sensatlun sJ2eking/arou;-,al J' .
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theory may have some support. '1'h("re are se'veral conceptual find empiri callimililtinns for this thaI wp hrielly explore next-. CO}/I,t'ptllol
and Empirical Limitations
We have already discussed several lilllltahons ill research methodology \,\,jlh regard to the early biological theories. Even though contemporary genetic studies use far more sophislil'C1tecl methodology, they too are l:raught with Ilnmerous difficulties, Dill' problem stems from the nature 01 cril11inE11 behilVior ilseH as C1 legal rather than a behavioral category and one that comprises different behavioral types, For example, because rapc is defined as a violent criminal offense, does this mean all rapists are simi larly motivated? Some are motivated by sexual desire, others by opportunily (e.g., date rape), and oUlers by pm.-ver; others are rapists due to the age of their willing partner. 1£ biological theory is to explain rape or violence---' or whatever--rE'searchers should disaggregate "behaviors thai are reflective of actual Jets that can be consistently and accurately measured and examined" (Fishbein 1998, 98). Accordingly, "genetic studies that focus on criminal beht=wior per se may be inherently flawed; as criminal behavior is heterogeneolls, genetic effects Illay bt=~ morE' directly associated with particular traits Ihat place individuals ill risk for criminal labeling" (1998 , 98), A second and related problem is lllat researchers rarely distinguish between those with an occasional crilllinal behavior pattern, whose actions might be the result of sitllalional Lldors, and those whose criminal offending is more long-term and repetitivE', whose actions may be more explainable by inherent predispositions (Fishbein 1998, 98). Even if behavior is disaggregatecl, since no single gene has been associated with mo.'",t behavior, research on antisocial behavior suggests multiple combined effects thal are difficult to isolate, not only from each other but especially from developmental events, cultural influences, early experiences, and housing cOllclilions (Fishbein 1998,94). In spite of tlwse limitations, the llel,V multidisciplinary direction in biosocial research focused on l1w re1
t'oC(m!
Crimil/l1l }J/"/ice Policy Implim/iol/s At its simplest, the policy of hiological theory is the medical model, whid\ involves idenlificiltiull, prevpnlion, (mel treatlllent. Under Ibis model, il
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Essential Criminology
inheritable predispositions, such as genes, chromosomes, hormones, Or imbalances in brain chemistry, afe the causes Of at least the predisposers of crime, then preventive policy should involve identifying those individuals potentially predisposed prior to their creating harm. Darvvin's first cousin Francis Galton coined the tenn "eugenics" in 1883. He used the tenn to mean "purely born" and the betterment of the human species by plcmned breeding (Garland 2001). If the criminal is "sick," a cure is more appropIi_ ate than punishment. Sentences should reflect U1is by being designed to meet whatever is diagnosed as the "cause" and this should be determined by expert scientific rather than judicial anal ysis. Thus indeterminate sentences are designed for each individual offender, based on needs, with treatment length dependent on the time taken to cure the cause. We have described how early anthropological biocriminologists proposed invasive criminal justice policy and practice to deal with offenders. Suggested measures ranged from drug treatnlent and surgery to segregation and elimination through negative eugenics (forced sterilization) and even death for those who could not be "cured." In the United States we invollUltarily sterilized over 60,000 institutionalized people prior to the 1960s (Garland 2001). These ideas have raised fears because of their racist and sexist connotations, unci because of politicians' inclinations for simple teclmological fixes based on apparently objective science to absolve them from dealing with more complex issues (Nelkin 1993; Nelkin and Tancredi 1994; Sagarin and Sanchez ]988). Civil rights and invasion of privacy issues involved in enacting policy on the basis of questionable evidence that affects Some groups in society more than others have created considerable opposition that has resulted in canceled conferences and withheld federal research funds (Williams] 994). Some contemporary biocriminologists have suggested screening clinics, early diagnosis, and preventive treatment as parI of policy solutions. C. Ray Jeffery, for example, suggested that "crime prevention programs inclUding pre- and postnatal care, early help for under-weight infants, well baby clinics, nutritioncll programs, neurological examinations for brain injuries, examinations for lead contamination in children, examinations for learning disabilities and hyperactiVity, and other public health projects, ~vnuld bEof great value to the black community" (1993, 8). In his book Born to Crime: The Genetic Causes afCriminal Behavior (1984), Lawrence Taylor suggested genetic screening and offered justifications for several "prophylactic" policies designed to proh~d socieLy againsf Cl 'hree-ye''''UII1 clitl~nU5ell as a futUl'e criminal or olhers genetically diagnosed as potentially dangerous but who never committed a crime. These measures include execution, preventive isolation based on future risk ("before he or she commits the statistically probable crime"), medical treal-ment with chemical or hormon(1J therapy, prefrontal lobotomies
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"I'on of the amygdilb or ,Jrefrontal lobes ) , genetic splicing Jor (" [estnTL' . why A 'bit of cul-anc' k .{ : It conduct ("no n:.'(1spn -se,: wor' CO~tI~I nol. be
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"if the f:~us ~sf~luncl to 1a~e )(1 _ 147 d ro'lse, agrIin the -possibility of stenllzaboll for any peI.son ge nes an ([ ,. ,. { _ff . (1984 ge .: II y capable of lrrHlsmillillg_ abE'rranl: genes 10 U _spnng _ _ , nel 1U1 - L
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~/~~~tinalY and contnuy to critics' expectations, not all biocri.minolo-
.· ,~'-' Some of .1:11e leadmg consuch a tota IIta nan SI~ecLer. in addition to being Illegal and agaInst due process tn 111 • _ . II 1stead the hiS, invasive treatments are not even the most appropn~ e. I 0ri a~le-environrnelltinteraction thesis suggests that the envtr.onr~ent o. p_ D t" al offenders can be manipulaled to prevent their mamfestmg crune, improving prenatal and perinatal care and, in the cas: of . k oViding alternatives that are less harmful but shll eXCItmg lIOn see ers, pr ., 1986) I d d . n ee ,as I '1 llenging (Mednick 1985; Fishbein and Ihalcher. ane c l a . ff _. . t 01 sys Wood and colleagues (1994, 75~76) note, An e eC~lve. cnme can r t. -would create conditions which minimize the I1ke1Jh~od that ~erson~ ,::t1d cmnmlt crimes.... The key to preventing some cnme may finding allerml.live i'tcHvities thl'll both produce a neurophyslOlog~(al g h' and which are symbolic1' I,']'S suggest that L
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Summary and Conclusion 'fhe early biological hereditary tlJeories have been d.iscredite~tb~l~:l~:~ their findings have not been conrirmed by .l~ter stuehes. Despl ~ . _ liance on careful observation and lhe scientlhc method, these e~l.ly stud . . I d serious methodological problems, including the fall.ure \0 Ies la .... .. I fire 10 ade uately define crime, reliance on offICIal CrIme stallstICS, aIle a1 u . p fOf environmenta I faclors, thai render the results suspect. 1 h' . . ' IIole I'] e rly theorl~ts stimulated reSE'3rc I1 Inlo 11(10g. -lC<<11 and 0rn.'1rOnnIPnl
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improved technology. Pilfticularly irnport;:ml has been the research with genetics. Furthermore, modern biological theories do not state that biologicill defects alone produce criminal acts, but thell: biological factors in conjuncliull wilh Cerlal]l €11Viro!lIlIE'Illal or social factors limit chokes that result in criminulily. But the illodern studies still have questionable validity duc to the research Hlf'thnds employed. At best, biological factors i1re viewed as indirect c'\lIsps. 'fhe most recent neurophysiological studies (e;.;plaining the reh-llionship bp!ween brnin processes and behavior) seem to offer the bl?sl hope for the future of this perspective. However, to elate their sludips have not ruled out lhe possibility that physical and chemical changes in the hr"jn arp. the resul1 rather than the cause of criminal behavior. The policy inlpJic(ltions affiJi~lted with biological positivism afe also very trouhlesome. One objective is to identify potential criminals bl~fore they commit i'l crimE'. But trying to "cure" someone who has not committed a crime is unethical. E\'en after a crime is committed, the interventionist treatmeIlt policies associated with biological positivism have ethical problems, as is i1lustrated in the discussion of "voluntnry" chemical castmtion. The less invasive alternatives involVing environmental manipulation may seem preferable, but these theorists seelll naive about society's willingness to accept policies thai provide bettef options to those identified as potential criminals than to those pred icted to be Iloncrirninals. The best role for the biological contribution to Ollf understanding of crime seen1S to be as a contribuling part to some overall integrated theory (Fishbein ]998; Barak 1998). So [nf, the theories most conducive to such a mix are the psychological, SOci,llleClrning, and social environmental theories thai we explore III the next four ('hnptefs.
Summary Chart: Biological Theory Basic Idea: Some are "born criminal" with a 11redisposition to crime. Theorists believe thilt hunwn behavior is influenced by biological forces that in some manifest as crime under certain enVir(lilmental conditions. f-Iuman Nature: Humans inherit biological and genetically determined attributes tllat make people different. Attribules are randomly distributecl; genetic variation makes each person unique. IVins! people possess i1 similar normal range of attributes and capahililies. Extremes of this distribution include those who are exceptionnl. either pusilively or negatively. Human behavior is an outcome of the mix of the biologically inherited qualities and their environment. ,'JucIety aml the .social Order: A C()IlSl?:n~llg i~ implied. Law is
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12.5
Crilllillcds are differenl frUIlI noncrimina!s. in being defective. The preJispu,;itinll tu crimi:::' emerges under certain cundillo~lS. . _ _ . . . 1 E'xplaIlation' Ddedive biolou-ical allnbll.li:::'~ I.".tent 1,.1 ,eur, . . . . . t _.relalionship suggesting herediLary factors. SpecifiC mhentable_ . efe~ts_ l_av~ m~ eluded physical inferiurity, Xl:Y dlr(~lllUSOme pattern, b,rd.lI~ (lJ~l.I~~le.l~ .(~I dysfunction, mental deficiency, teeblernllld(~dn(5::;, low r~,2, l~dl1111lg d~sa~I:ltt.i:.s (~speciatty hyperactivity), hunnonal imbaIeltng, environmental rn a lllpulatlOn, alternative environmental suurce:; uf SLitll u la tioll.. . . _ Evaluation: Iday be useful fur explaining sume forms o! crime resultlllg trum 1l1sanity or delinquency resulting frum attention de!icII: disorder (ADD), s.ome ag~ gn2s;ive offenses, and sume addiction. ContmdlcLory ~lI~purt [or tWill ~tuJy ~nd adoption data. The theory does nut consider lilt.:' ,tlli:lJOr.lty no_t cdught tor l~f, fenses. Genetic defect::) are found in only a small plupnrtl?n ut the offenclels. Tendency to medicalize pulitical issues, and puLential tor bemg used by governlTlenb
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5
Crilninal Minds Psychiatric and Psychological Explanations for Crime
S,(J[lI~ se.v~nly.yt.'d~·,':j before Eric llarris.c1l1J Dylal1 Klebold shot up CulumbIne HIgh .'idlOol on April 20, lY99, America's worst case of school violence ou.'::lIrred in Bath, Michigan. On May 18, 1927, fifty-flveyea~-.old elected s~llOoI ~odr~ member and anti-schuol tax campaigner ~ndle,'wkehoe kIlled his wl~e by bd~;Jling in her skull, blew up their fa~m, dnd then blew up the vIlJdge schoul using 1,000 pounds of dynam~t~ tha,~ he'd, secretly planted dlld wired \vhile working as a school CLlSlodldll: fv.fa11l~c Blo'ws Up Schuol and Kills 42, Mostly Children," ran l!l€ headlIne 111 the Ne'w York Times of May 19, 1927 (Gada 2002; Elb'vvorth 1927). Thirty-eight children dnd seVen teachers were killed Ul~t Jay, in addition to Kehoe's wife, and numerous horses and other a~'l1mals w~reburnt.'d alive all Kehoe'::; farm when he blew it up. Also killed outs!de the school (Wht.'ll Kehoe fired at more dynamite in his truck) was. school board president Emory IIuycl..:, 1vith whom Kehoe had b~en feudmg Jur years, tl.le village postmaster vvho llIlfortunately was WIth Huyck, and Kehoe hllllsel( whose body pouts were later found in a :learbr. garden, l!lterestingly, found wired to a fence at Kehoe's demoll~heJ tanH was d sign that read; "Crililinals are f\1ade Not Born." vVas KdlOeinsJrl,e, as the newspapers suggested, ur was he fationat focllsed, and det:rmmed? He certainly exhibited rationally pldnned behavior: pllrchaslJlg and testing explosives nn his fan'll (he 1\laS known locally as 1I Ie "I .. 't f "I' ,.l YllaOlI e dnn~r ), aYll1g out dnd cuncealing the wiring for the t~XpJUL)HHlS over ~ ~t~IlS1LiQrrlble p~riod 01 tilTH:, b::u'nin rc:specL tlti (j handyo i,l~tll anJ, eXh?~)ltll1~_.a w~~l-.articulaled debate agaiI:st raising taxes for ~L l~uls, 'tet hI::; mass h0I111Clde lildl day drew attentIOn to the extremes of Ius traurnalic past: as an abused stepchild of fourteen, Kehoe watched (some speculate, caused) his stepmother bum to death from a malfunc1.26
127
. ·JII.'" ctove suffered a traullldtic iledJ inJ'ur)1 [rorn a fall at age twentyllUnl 6~· , . . ,. . . ~ was impatient and intuleraut ot CritICIsm, and refuseJ to pay hIS nIne, . _ . _'.. -' I mortgage. His strange, COlllpllbive behavior had Illln changmg;:lot1es many times a day in order to i:llvvdY~ appea.r n~.at and clean. Was Kehoea biological defective or was there a process III hIS devel.opment that.led to this tragic outcome? Had Kehoe lived, could he have IUvoked the lllsan-
·tv defense? _ . _ _.. . I -In 1982, John Hinckley slIccessfully used an insanity detellse tu aVOId )fosecution for attempting to assassinate President Ronald Reagan. In 11994 , Lorena Bobbitt argued that an "irresistible impulse" caused her to slice off her husband's penis with a kitchen knife while he slept. She was found not guilty by reason of "telnporary insanity/' based on her state of mind following an alleged abusive sexual assault by her husband. On Monday, December 8, 1980, John Lennon was fatally shot in front of the
DaklJta-Hotel in New York City. His killer, Mark David Chapman, "suffefl~d delusional paranoid schizophrenia. He had attempted suicide twice, and during 1979 became increasingly fixated on bot.h Holden
Caulfield (1I1e fictionaJ hero of J.D. Salinger'S The Catcher ill the l'ye) and John Lennon. In the end, Chapman believed he was living a life t.hat. mirrored that of Holden Caulfield and mirrored the unreal superstar lIfe of John Lennon. Chapman was confused and paranoid about. wh~ he real~y was, dnd perhaps in (the) killing of John Lennon, he was trYlllg t.o kill himself" (www.lennon-chapman.com). Chapman pled guilty to murder, against the strenuous objections of his attorneys. They, tog:ther with nine psychiatrists, felt that Chapman would ~e fuund l~~t gUIlty b~ reason of insanity. These four exceptional, but WIdely publrclzed cases 1.[lUStrate the inlportance of psychiatry and psychology as a criminal defense and as an explanation for aberrant behavior that is accepted by the courts. Criminal law requires two things for a crime to be proven: (1) criminal intent, or mens rea~"a guilty mind" and (2) actus reus, voluntary participation in overt willful behavior (Severance, Goodman, and Loftus 1992). The U.s. Supreme Court ruled in [11 re WillShip (1970) that these mental and behavioral elements must each be proven beyond a reasonable doubt. Thus, if defense atturneys can establish that their client is, or was
at il1e time of the offense, mentally ill, criminal responsibility and therefore culpability based on mens rea cannot apply.! Even in the most heinous crimes, juries are reluctant to accept the illi5Unity llefenBe. ALtorney;] fur Jdfn:y D~\lmlt;
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Esse/ltil/l Crimirwlugy
Criminnllvlinds
who in ] 996 argued the insanit d - f" ,- . _. . personnel was also found _ 'Il Y Ie ense .tor murdering abortIon clinic cases sho~ the typical outg~Ul y~ J1t' ~ommilted sllicid.e in prison. These . come lines more oft- tl reject criminal defenses rely' '.. en lall not choose to mg on l11samty or t . on the expert opinion of ~. .~ _ . _ emporary Insanity based Promoted by dispr po IPsychlatrISts and psychologis. ts (Maedor 1985) . u r .1Ona te medIa a ttenlio t ~ . I' ' or bizarre crimes a p I _. n 0 certaIn Gnds of lurid . , o p u ar nllsconception 'J- I many cnminals afe "crazy" .". ~I_" preV31 Sf 10wever, that . 01 SIC \. -that SOl tI' , I ' motIvated their crime (Ha'lman I Q' c ne ling In t 1elr mind nessy 1992). anc Ullln 1992, 83; Pallone and Hen:>
In addition to the pOj)ula!' j'Inac gery and the 1, I d' " , Ouler reasons why psydliatry and s eh _. ~g~ ImenslOn, Llu:;!re are of criminologicallrnowl::>d 1 Tl P Y olugy ale Illlportantcomponents in forensic s 'cholo T ~ ~e, _ lere \Nas an enormOllf; growth of interest 1994), psycl;olo ical gpYrllC,unln~ the 19905 (Arrigo 2000; Bartol and Bartol g Clp es are apphe -II I - , tings, For example tl ' I ,l 11 severa crImInal I'ustice sel, , le apple lenSI n f '11--11 ' psychological profiling, U 0 sena I.J ers and raplt.:ts relies On Profiling techniques are develo ell b ._ '_. the FBI located at I't t. ... p. yUle Behavwral SCIence Unit of S Ia[1l1no- center 1 Q . '. led to Ule development oron u~ntIco, Vlrgmia. Psychology has IllallY screenmg I ' measures lIsed in profiling F .. : l . . , ( IagnostIC, and analytical , ' OJ example Mark D 'I CI amUled and found to hav" IQ C _.. ' ~VIC. laplllan was exaverage, Profiles are compeOaS'I't _ ·.'lllltellIg:n:e quotIent) of 121, well above e C laradenstlCs of tI . I" . 1lavlOral attributes of the t, kal -:" . _. le persolla Ities and be!hey involve building speciA~ ~ro~~~~:nb~eI for dIfferent tYI~es of crimes. ~dence in cases being invesli Jated b thesecI ~~ the early Crime scene evIdentities parallel to the poli~e arti'? pO~Ice_ They are psychological logical profiles are llsed not I t st ImpresslOns of an offender, Psychodiet future strikes by an off ~l y 0 apprehend offenders but also to preYet the "U b b " .en er and protect victims. na am er Crimes had tl· . _. '. ' Theodore Kacz)'nsl-!' a f- . no lIng to do Wltll the profIle created " , 01 mer 111 a til prafe '. . tel' seventeen years whe!1 I' b tl sso~, was eventually caught af, lIS ra leI' recogmz::>d I ' ,, Wise, the hvo African An' ... _ ellS wntmg style. Likethe Maryland area were f'aelnfc~ns atlll e.Js~ecl for the 2002 sniper killings in ~ lOIn 11:' SIngle hOt ' II' white van profiled by tl FBI D ' ' W 1 e, Illte Igent male in a le . esplle tllese f '1 . . , holds great interest t o ' f. al ures, crtTIllnal profiling . many pro esslOllal d· d ' SIlence oiflhe Lambs fuel tl ' - , s a n stu ents, MOVIes like The lIS mterest P - fT d entitic base as we show' '" d . 10 I lIlg oes have a legitimate 5ci" ' m u11S -,apter vet 'h I " ' -'/ :;;l~ll,.:v l1:lUt "profiung Is dt lQ3st gr:;' psyc (I og1.t::t C1HI- 11:"'1-01 (1999, and only 5 percent science," Not s~ percent an art based on speculation than "suite" offenders. . ulpflsmgly, It protdes "street" rather Finally, offenders and victims hdv::l b" _' _, ' stress disorder (Riggs Rotl _e el'n dIagnosed WIth posttraumatic , \. unan, and Faa 1995), which can result in vio-
129
lence when someone's mind returns to a prior situation of stress. Crimi[li11 offenders have been diagnosed as having a wide range of mental diswrbances, Both victims and offenders can require diagnosis and treatment based on psychological concepts. For these reasons, students of criminology need to understand the underlying assumptions of the psychological perspective, together with its study methods and policy implications and the limitations of this approach to criminal behavior. In this chapter, we outline the search for the psychological fadors in crime causal-ion, present the basic premises, describe some illustrative contemporary studies, and critique the findings and assumptions.
From Sick Minds to Abnormal Behavior The human mind has long been considered a source of abnormal behavior and this connection is sustained by the media linking mental illness to incidents of violence (Monahan 1992), Since crime is seen as abnormal behavior, it has been s-ubject to psychiatric and psychological analyses, English psychiatrist Joseph Pritchard used the term "moral insanity" to explain crin1inal behavior in 1835 and another psychiatrist, Henry Maudsley (1835-1918), argued that crime was a release for palhologicallllinds that prevented them from going insane. Like Maudsley, Isaac Ray (1807-1881) believed that pathological urges drive some to commit crime. These early psychiatric explanations were founded on the assumptions that psychoses were biologically based and were, therefore, variations of the biological theories discussed in the previous chapter. Ivlore important, as Barak (1998, 127) points out, "Like the theories of a 'born criminal' the theories of a 'sick criminal' are just as fallacious" in that those diagnosed as mentally ill are no more likely to commit crimes than those seen as mentally healthy, Indeed, over sixty years ago Reckless (1940, 104) observed, "It cannot be shown that the general run of adult offenders are alarmingly more psychotic than the non-delinquent population." Recent extensive reviews of the evidence confirm that "offenders with mental disorders were no more criminally prone or violent than offenders without mental disorders" and, moreover, were founn to be "less likely to recidivate than nondisordered offenders" (Bartol 1999, 141; Bonta, Law, and Hanson 1998), There is one exception: the subtype of mental disorder known as antisocial personalit_y digord(;lr. alga known ::l!=: p!=:ychopaths and sociopaths (see pages 137-138). A lIBelul way to thin!; about the mind is to distinguish between differential psychology and process psychology: D~[(ereJ1ti{ll psychology takes as its province the illumination of differences be-
tween people thaI result in variant behavior between different behavers .. , Fmcess flsydlOlngy ... focuses on the process by which criminal behavior is
730
Esselltial Criminology
emitted, COJl~lruing lhat process CIS a dynamic interchange between the person and envHonment--between intra person propensities ... and situational cues and. variables whidl ... seem to invite. permit, or tolerate certain wnys ofbehav111g. (Pi1l1lllle and Hennessy lQ92, <1(,)
From 111(' process perspective, it is not so much Ulal sick minds cause
cr~m: but that ~ert~i.n pSY,chological processes in any mind may produce crImmal behavIOr. the SCIence of psychology is a way to examine these processes. Psychological theories of crime explain abnormal behavior as the resull of mind and thought processes that form during human development, particulClrIy during the eilrly years. Several different approaches may he taken by psychologists examining the mind, and most shaH' certnin COnlme)J] assllfllplions.
Shared Psychological Assumptions Psychological explanations for crime, like biological theories, look for differences that might explain some people's predisposition toward crime. They look. for eitJH"f ?ifferences between individuals (differential psychology) or c!IfferellcPs.lIl the situation and emergent environment (process psycholc~gy). Vlew commonly held by those adopting psychological explanallollS IS that humans are formed through socialization and devf'lo~mental processes rather than being biologically predetermined. It is WIdely accepted that humans develop through a series of necessary mental, m()fed, and sexual stages. When this development is abnOlmal (usually beg.innil.lg in early childhood) or subject to traumatic events, per~on~h.ty clIs,orders and. psychological disturbances may become part of the mdlvldual s personalIty characteristics, or may be constructed as an appropriate behavioral response under a particular set of circumstances. These disorders and disturbances reside within the mind of the individual. but may be latent:. Many psychologists agree that social or environmental factors may trigger erratic or criminal behavior in those psychologically predisposed. Dysfunctional process or traumatic experie~ces may ~lso produce antisocial personality tendencies. This implies chfferences in menIal functioning that may cause those affected to commit crimes. In this context, crimes are only c;ne form of "aggrpssive or antisocial hehavior:' that "violates certain social norms" or legal norms (Shohmll and SelS 1993,5; Fishbein 1998). PS~cho]ng,i,E;:tg. 1.~£pecii111.y thuse l
:rile
Crilllil1l71 iVlimls
131
al'cal" (1999) and others (Zhang, Welte, fllat I10 I00 . .Hoge . _ . .. . . and Wieczorek ?[J02) have outlined many of the scales and thelr.applIcatIon. These scales ~ ,I Ie measures of I)ersonality: Basic Personaltty Inventory, Jesness TnU1L UL ' . I "j' t and t . le lV llIDeso veIl t ot'y, rvIillon Adolescent PersonalIty I,nventory, . I Ia Multiphasic Personality Inventory (rvI~PI); behavlOr.al.me~sl~resmc lie ~ the Revised Behavior Problem Checkh.st, the Bel~avlOl Assessment Sys ' Children and the Child BehaVIOr Checkilst; there are also scales fOlD le l, . I thai measure antisocial behavior, the Self-reported D.elmquency Sca ~, psychopathic States Inventory, and Drug Use SCreel~lIlg Inventory. F~'II ' there are attitudinal measures, measures of envll"Olunental faelors, na \, '1 R I I risk" classification measures, and interview schedules. fle ~orsclacl (inkblot) test is often used to assess aggressive and psychopathic personalities (Gacono and Meloy 1994), Since criminal behaviors are said to stem from abnormal developm~n tal processes affecting the mind, some form of psychological t.reatm.en~ intervention is necessary to correct or counteract those WIth c.r~nnnal )redispositions or to change the process whereby these personah~1es are Lnned. Beyond these similarities, psychological apP~'oaches have ImpOl.·tallt differences. We consider seven different theoretical approaches eVIdent in the literature and briel1y describe each (see Table 5.1). The development of psychological theory in relati~n to .crime can be seen as a movement. It began with the idea of uncovenng hldd~n unconscious forces within the individual's mind. tl progressed to an mcreased recoanition of the role of family influences on learning and led to a growina ~cknowledgmentthat the human learning process i~ not simply pa~ si~e-reactive but involves complex, creative interpretatton and anal~sls of information and that this is itself interrelated with the psychophYSIOlogy of the brain's function. It reached th~ stage .where. cognition is shaped by interaction of the mind with the wlder SOCial er:vU"on~11ent:. We begin our analysis of this movement by looking at the plOneenng wOl~k of Sigmund Freud and the various subl:heories that emerged from Ius approach.
The Psychoanalytic Approach The Viennese psychiatrist Sigmund Freud (l856~1939) is ~nost resp~n5ible for establishing tile role of the unconscious mind in shapmg behaVIOr. ~l though Freud himself wrote little on cri~ne,.l:i_s_theory ha~be:~_~PP:led
by otl1ers oj tile freucllan psyel10analytlc ,dluul \AlcllllOln
1)55,
11""ly
and Bronner 1926, 1936; Alexander and Healy 1935; Bowlby 1946; Abrahamsen1944, 1960; Friedlander 1947; Reell and Wineman 1951, 1952; Redl and Tach 1979). The psychoanalytic approach is a relatively complicated theory of behavior based on several unproven, and arguably unprovable,
Crill1inol lvfinds
/32 rAI:lI.E 5.1
1-'::,ydwlogkaJ 'J'jlt~uries CUlllJ-'dred
Ihr!ury
Basic co!lcept
PsydlUiHlUlYlical AUachmenl The')I'\, Frustraliull Aggres~il'n lJl,-"ury
[JisfllJl<:timl
~
•
,':>lgnnll1d Freud AUgllst AichIH);n kd!t'~ FriedL..l1hll:r '
by iJl: L:hilc]lwud
development pn-'cesses produr:ing burilCd ,:oniJi<:ls Failure 10 (finn ,1!t,h::luJ1dll with JJlother producr;s lllsecurily and lack of empathy for otlw!'s
Irail [lCls",d PersL.llldlity l'ype Self,cvntrol
Julnl lJ"wlby
John [)uJJarJ,
Agge~sion as "n ddaplil'e med13nis1l11o relieve o,lr~s~
IVilJiam He'l)Y d',d Augusta Brom'er 5',-,/mour H
Differences in pt>.fs':'llaJity h"ils/Jril'b produce differenl !J~hal!ifnal
/-I',n'''-I' Lk(j.:kv j'lim,. Eysellck ~
re~pons,~s; low self contl'ol pruduces cnme jilOne behil\'ior
El'ulu!ioll'lry
l'vlilld is elH epipJIi!llom'"lloll of el'ulutic,jWfl' de~iJ'tO f,'r i',en0Iic prohfi'raUljn; ;:;,Mdl gt;l~e
Behaviordq.l<:JI,b Soo,11 LICJrnin g dnd Modeling Theory
Cognitive TIwory
VViJli,HJ1
UJ! IIIi' Itell'dJd,; dJIJ
lFall P,lI-'luv
plIJlishrnents it 1l5.:t;'iv",d
B.F. Skinner
Learni:,g l" behaVe by imilaling ,Inti modell1lg tile behaviur 01 "Ilit;"rc'i, 11''-'111 groups ur ill medi'l image;,
Gabriel Tarde Albert BalllJII1J Rc'nald AJ-:tOb
'HIe mind is made up of pall"'Dl" 'Jl
k,Ull'i"gH, L,dtvrell'''' K>:.)llberg, Ailfl.n H,~,k SlanlOl! Samelh)IV -,
mteractl\'f: experiences clnd cal, be underdevelol,,,,,1 ilnd/or destruclive
j!l Istro Ictivist ,lnd b:l)jt-'i~icill Olf'.ory
RlI",hlull
Leo; 1:llis
:hmkmg thai Jevt:lup Ihrough
,i
r:.~lf IlieorisL -_. -----'----
People conslllJ.:! llit' nwaJlin~', of tlidr wO:ld from i:::\pt'J i",ncr,s 1V1l11-lhe bn 'dd social envjn)Jllllt:II(, pdrtkl,tddy tlleil cummunity
C,c,Ol'.\!.t< Kelly J. l~'-Jppdport
iISSUlllp{iull~ about how human min "1 argument is that cr·II}!e ·IC -'11 _ ~ . t to l.eveJul.) dlld fUJld.iol.1. The ba~ic expressIOn f l : ' 1'" .suIt [rom traumas and de .. t.' ~ 0. lUl"lt'l lliternal cUllllieb that repnva lOllS dunng chiIJh - d 1"" .' that occur during childhood affect tl ,.,,' uo. rJllllldtlC events man mind. le UlllLlllSClOUS component of the hu<.' Gl
" Freud " _ assumed
UlaL t1:> le
::>LlUlIS cvrnpollellio ')·1'
,,' d' \.\IdS - --. UJITlj_'OSI'>d , nun If- ." _'
. -
(
" .. '
cun:"UUll~ dnd 1111con-
l'l J It" ' . . U ld J? It.' Ivnnl2d the 1:)10, TIle t'l.::U a t'llipts to "i1 " "" II ," '-' l:onflictino- demands 0)'. Ie lUIld Y Inedlalc between lite , b { " unconSClOLJS des' ':).". TI c, ,-'.. • •• Into two jJarLs. 'The id I·. 11 ~"'_ 11~S. Il Ill]LU!lSt'IUlIS IS dIVided S le suurCe of lnsl" 1:' 1 . I drives present from birth, inc1udi .. _ ~lU ug!l'cl arlll psychological ng the llbldu, ur tiexual l!llt:>rgy, Eros, the
.
IS
J
'
concerned wHh
Ie
,
l'OlbC10llS pers r'
reaII·I.y al1d "
c
t ..
:.
"life instinct," 'c'lnd Thanatos, the destructive "death instinct." The icl fo]' loWS the plellSl1re principle--·/ljf it feels good, do it." Opposing the id is the superego, the "moral police," or conscience, il1lernalizcd from socialization into tile norms of a society and contain·ill" moral and ethical reslnlints on lwh'lvior. The superego reflects each 1~~son'5 social experiences and bpl'omes a SOllrce of self-criticism [l£lS ed on the production of guilt. TIn.' id and superego compete \vith ('n other to control behavior. The ego balances the desires of the ill ch Jrld superego. A basic conflict for individuals involves guilt: "The individual experiences all sorts of drives nile! urges coming from the id, and feels guilty al1 {)ut them because of the prohibihons of the superego" (Void and Bernard 1986, 112). Freud identified two primary ways people handle ouilt. First, in suhlimation the desires and drives of the id are diverted to D actions thilt meet the approval of the superego (e,g., aggression Illay be directed toward athletic events). A second reaction is re-pressiol1, which occurs when the drives of the id afe denied. This results in various abnor~ rlhll reactions. Reaction formation is one manifest8tion of repression. In this case, (1 person with repressed sexual drives would be very prudish (Ibout sex, Another react-ioll to ne'pression is projection, whereby people see their own desires and urges ill others. These basic L'onflicl:s OCCUf in different stages of an individual's life. Freud says that during childhood, basic drives are oriented around oral, ,lila], phallic, {alenl', and genital drives that seek to be satisfied. These sequential stages of developrnenl canse problems when a person remains "fixated," or stuck at one stage, because of experiencing a denial of satisfaclion or a traumatic event. Freud argued that if the guilt associated with the various stages was not satisfactorily handled by the ego, then the persnnrllity of the individual wovld be negatively affected later in life. For t"~mnple, Abrahamsen ([973, 9,,10) argues, Murder emerg,es from tile intensity of death wishes lhal cn-exist with our life saving en1l1llolls. Homicide ... is released by the intensity of inner conflic.ts,. ' . rvlllrderers \VPrf> intensely tormented, Deep duwn, they felt besel, trapped in ,11\ inlense conflict growing out of a struggle between their sf':\lml cillO self-preserving feelings on the one hand and their surroundings (l1l the olher. ,The conllict I refer to is due to serious traumatic sihlations, l"lritll,lril)' t'xperiencf'c1 in eilrlie,<;t childhood, bdnrf:' the child is one or two }'(~;WS
..,1, l.
Freud (1915,1950) further argllPd Ibid one outcome of the unconscious guilt complex is crime. This call oCCllr in several ways. H can result from i1 fear of authority
134
temporarily relieve theiT guilt. This has been used to explain burglars ·who leave obvious clues to their identity and shoplifters who take few precautions to cover their acts.
Blaming the Mother: Aitnc1nnent Theory For other post-Freudians, if the parental upbringing was important in forming a healthy personality, then the role of the mother (who at that time was seen as spending most of her time nurturing children) was Cnlcial. As Aichhorn (1935) argued, for some children inadequate or faulty upbringing Illay result in a weak or underdeveloped ego and superego, in which state the child either is unable 10 control his or her rio tOllS iel or suppresses these instinctual desires, resulting in "latent delinquency" (Friedlander 1947). This failed developmental process is also found in Abrahamsen's (1944, 1960) concept of damaged superego, Bowlby's (1946) notion of the "affection!ess character," and Friedlander's (1947) "anti-social character," each of which pointed to "maternal deprivation" or maternal mishandling of the child. One of the enduring theories from this approach has become known as ntlnch711enllheory and emphasizes the inlportance of forming a secure emotional base for subsequent personality development. John Bowlby (1951, 1988) argued that children who have frequent breal.;;s in relations ""vUll their mother in their early years up to the age of eight or have factors that rnitigate against secure 111aternal bonding, such as child abandonment, foster care, and child abuse, develop ElIL"Xiety and have difficulty forming relationships with others. Part of that difficulty may be a maladaptation that prevents them from getting involved with others in order to avoid the emotional pain of being hurt. In particular, these affeetionless children lack the ability to empathize 'with others and do not see or feel the pain th
Maladaptive Coping Sirategics:
F71Istratioll~Agg,.ession
1,15
{'rimillnllvJimls
Essential Criminology
Theory
For Healy and Srmmer (J 936), thwarted desires and deprivations cause frustration. When this frustration is combined with the failure of parenting to provide nondelinquent channels for compensatory gratification, affective ties to conventional adults fail to form and Ihe result is a weak superego that is unable to protect against delinquency. John Dollard and his colleagues (1939) argued that frustration emerges as a natural course of liVing but thal most people are able 10 find socially acceptable outlets, such as sport, or listening to rock or rap lllusic, or playing video games. For some, however, the frustration may be displaced onto other people who have nothing to do with the cause of the frustration, but this still serves as a release.
. 'j 't' Iwre tn Alfred Adler's (1931) i there are SlIlll an I e s · . ..l I idea of the In d eec., . . ,, I. "tIe of life fails to provw€ 11em a sensE' . . 'ty complex: Ihose w lOse s y - f f inlerlOfl.. . t through llbnmmal orms o· com··t status lTlay compcllSil e , 1I k ofsuFenof1·yor~,L.' ',th Adler (1931) and mosl recently Ha ec pensatory hehaVlOl. ~s 1:0"0 feel the world is against them may turn to (1971) have argued, [thoste 'fV 0 their creativily ond autnnomy. Halleck'., , a means 0 sa IS yllt n " .., [I' ·Ih en me as r ' .. bf TOle In survive nIstra lOll WI f d·splaced aggresSIOI1, eo<'l mg I ... , . theoryo· . the VOlces ' . 0 fK.t' ('lgRS)cklinCluenlswhosnwIlIUl. . I hoed ill d Z S .~',., . } . dignltY:,I~ ec I I t " Thus the ego develops defense mec lan~sms der as nghteous s aug 1 er·. t"f atlons Lo r"tiO!lCllize harmful ad-lOllS. in the form nf excuses an·d JUs I ICr . ' , I· II eft frnl1l the wnrk. f ,.\ . 1)llicfl.l Approach IIlily exp aI11 I . , This kind 0 psyc lQalla . r .-tt "l'y those who express inlense Job i~ found to he camml ell ' . -'I I . h place, W Juc , " .t\. tl f'ir employers (BolHnger and Car <;; . t· f fon ;md frustratiOll WIll, .. chssa IS ac 1 ( . . . . " 1 "Tnmlts villlellCf' agillilst nn elll1983). H may even explalll the IOJlE'l w to co . plnYf>r (Fox and l.evin 1994).
Limitations lind Pol icy 1II11'liwi ions of pSlfcllOmll1lyt iCilI Tlw01,f . . I has been irlrgely discrec1Jtecl hy most COI1The psychoa~al~tIc "a~pIoac l" fre uenl criticism is thClt it is tautologic fl 1: temporary cnrrllllologl.stS. One q " d ,. reit ill the concln. . ,. . .. -e what IS then ma E' Cxp 1 the theory Imphes m ~l~ preHn't'! tl 011·e !,lanatory. For exmnple, AkE'rs . . t . pehtIous r
!
ton andWes( 1995). V" '0\ lolicy illll,licatio1l5 of psy. f' r ·t r-1S Ihere are se ~]n 1-. .' , In splte 0· Its 11111 n IlH~, . . . , . ., I fl crilllill,,1 nffplIdf'r 1S chonnalytical theory" Accordl11g 10 Ihls Clppr(lflC I,
7,1(,
137
CriJllilltll,Vlilltb not necessarily responsible for his Or her actions, Rather, the offender is sick and needs n cure. (Punishment lIlay i-lCtually make the illness worse, since il could tent! tn lWigllten feelings of guiJL) Since the sickness is located in the sl1bconsciulls, tre,l/men! musr address llIlderIying emotional disturbnnces, Treatment involvE's evaluaLinll and analysis to help the offender uncover the childhood root CilUses. Since repression is the root cause of so many dysfuI1ctional n'actions, it is important for repressed expc'riences and desires to be recognized and hand led. To explore the subconscious, Freud developed tJlf' therapeutic technique of psychoanalysis, in which paUents are asked to relax and talk about whatever comes to mind. Connections, or assnciallons, are then rnnde, and the piltients Ciln recognize and understilnd rlie unconscious and gflin a degree of control over their iletions,
Freud also relied on the proD:'SS called transference, which is based on the assumption that pasl relatiollships (e.g., with one's mother) influence CUTrent relar:ionships, As the thernpist becomes increasingly important to the patient, the patient will replay the earlier relationship with the therapist (the therapist assuming Uw roh~ of the earlier problem-generating person), Treatment, tllell, consisls of the therapist correcting the current relationship between herself and the cliE'Tlt, \-vhic'lJ simultaneously resolves the earliE'r problem relariol1ship. The u! timate value of psychoanalytic therapy should be in helping individuals Overcome their "problems." But it has been shown that patients who receive these trealrlienls do no better than those who receive no treatment (Schwitzgebel 1974). At best the theory has a heuristic or sensitizing value (Shoham and Seis J 9(3), highlighting the importance of mental processes in producillg bellilvinrnl outcomes, In spite of its limitations, it also established psychology ;lS ;:} scientific academic discipline. Since Freud, psychology has taken IJivprgenl directions. One direction, the tmit-lw,sed perspetfh 1('8 founded 011 the work of Gordon Allport (1937; 1961), sees human development leacbng tn dislinctive personillity types based on lenmed trails. l\nol11er direcUon, behnvioral and situational learning theories, based 011 bolll IvanF'ilvlov's ([1906] 19(7) and 11. F. Skinner's (1953) theories of operant conditiuning, seE' currenl beh;:rvior as the result of accumulations of respo1lses resutting from pasllcarning. These tvvo i'Jpproaches have been combined in several appliciltions to crimi.nology, including Eysenck's (/]964J ]977; Eysenck and Gudjonsson ]989) criminal personality Iheory, f'xillllining the role of extroversinn and neuroticism ;'IS factnrsin nimin,,] "lid F'Sy'I'!Jo t1i1tlllC persollalitifl,t.:, f.:ysc-Ilck combined trail theory clrlr/ condjljl>ned Jemnill)?, IlJpory, Zuckerrnan's (1989) theory of criminal persollalitj' incorporated rhe traits of irnpulsivity, aggressiveness, nne! irresponsibility. \Vilsllll (lllc! Herrnstein's 0985, 44) "eclectic" inregrated theory, il1corporfiHIl,i; "I l oth genetic predispositiolJs and social
I,d liS took in "II\.'llullwj/." ' "', 0 Iednu1lg, Ib "buill . on. . modern . , behdviufd I l -. 'Ietail at traIt-babeL! theoly. , \lIOle l
Trait-Based Personality Theories , I' - .' -,' 'Iiffer [ruIll tlie psychOaJlillylil' dJlprudcli 'l'fdit-bd&ed,personahly ,t le~I~~~ _lll 'Ielll fWlll tlbnurmal ur criminal pE:','r~ b ' 1 behaVIOr IS Sclll 0 ~ ' . 't I ' 1 that a nunna "rCIJresent conSIS .en II I 1 '( nSCIOtlS callses, .j....I",~ ·Ih:; .• c"Ili:1litj' traits rat,le1'-I't lan 1 , I' 1t II) , ,vide variety Ilf behav.. "." ·-l line 1- that"1rereeVal characteristIcs ot lnl l':!ll ua b __ ', ']I'e) 'Ilport (1937 48) defined perso,n' "(C" I ~l ",l I 1)l)4 . J:_) • r \ , . I ioraldornams ,abp l:'.{ " , ' - ~,. 1-'111 ililividudl'spsychnphysica nie orgdl1lzatlllil ( ) , \ . _, .. -". I ,'I alitj' as t 1e ynal "T- b l!l , resp()llse , Iu U: "I'I"j'lll ' d ' l.~ environmell!dllrlggt:'rs. . systems of pre ISPO,SI lun I IIII _,. 'ISIII't' these vanuus, fre~. b . J thenry II It:'1l"IbU . .' One task of tralt- dbe - ," It . ," a 'E'mbted differently in dr£. . t aits to see how t ley e11t: ::.::. quently occurnng r " , I and with what eHects. 'I ,,'. ' ' d 11er::.olld " ., .. 1'1\' theurv- are appbeL to LUll,Uferent peop e,'tf tfOllt-base 1. ' . . f Several vane les c ~'" I b _]_:, ,'. rio; "j manitestatlOll 0 dn ."-1 I I . tl ~ 'ew tl1;'lt cnmUld e la\]U '--' { natity. A 1 Siale 1e VI (' . .. II Tirninolu;Jical appllCi:ltlOl1S u. . . ., 't ba 'ed prublem. JeJleld V, L 0 . . underlylll,lj ltal 'I , lel'1,"l'IC5 such as impulsIVeness,I agc 1arac ~. _ I k- t" , "Hlahtv trait tIleory uo' a Pl:',I~C.. ~ , J , f'ism psVL'iwticisrn, thri1lseeking, 10Saressiveness, extrove~·sIoll, neU! 0 lL , 'lh ,: I)f'.>vious chapter, these have o. . d emotionalIty. As we saw Il1 . e.". . .. tIhty, an. . " 1 _ :l eurologICal processes. also been tIed to blO,loglea anl n ·t 'I-I' '-' '-' 'j [lersonaIity approach . l' . ts to adopt a rdl 1dJLL _ One of the fIrst 1t .leo~ls ' r ' l '1'1 (]',~4r) ill his book Ivra~k q! ,111t -'\ Hervey . . . . l'L \. Y . . . to crime was psyc l1a nb. . . r I l i/vould he an enduring (~UIL1sanity. Cleck,ly !aid the tl:UI11(~a~I~11.dU~ ~~S::~hOpal:hf~lr what others cal~ a pusite descnptlOn t~f what ,1~ ~~n~l has become known as "antisocIal sociopath, and,what must Ie Y I ' ~ _ . 'f Cleckly's original obse1'd ' "N toni y has t le Lore u _ _._ ' ' personalIty dlsor e1. . 0 -()SlV] ('O"'(fllostic and StatisUcallvlullual of ' f d ,[, way Into the _' lJ"J . • • , vatlOns Olin 1 s , ' .. " , _ _ . 1 the 'World Health OrgaruzatIon s _ lvleHtal Disorders) butl,t IS dlsu found,II', s,'le se'l of traits from aiI . I d-' -~lers 11e compo ,_ , classification of menta lSOll . 'II ''It--()I,Cessed IJersonalHy wh, U I,S 'b~"')l1leone WI 1 s~ ,~.,.. . 1 d these sources escn es til _I I' d' 11ersetf in conflict with the sucIa, ' , d f n others anL Il1 s • . 1'1 dlsconnecte 1'01 ,. . ,.. f this aberrant pt:'rsona I.y, . ' II 5") The exlTerlle verslun 0 world (see, Til, 1 e ."-. -. , . _, ,. " high Iy impulsive pel'S, all, . I "is dll aSOCIal aggre::,sl\ e,. ,ff' the psychopat 1, . , : t : _, nab Ie to furm lasting bonds of a ecwhu feels little ur no guilt anL Sl,~ '~lcCord dnd McCord 1964,3), Psytion WIth other human b:1I1g . ( I '('I I i8hv (1'1'atific3hon 01' t.;;3tn . I r 1- i wrth 311 1ll:J 11 1 V U l. <. g , chopJthy I;;' sO 10 ' 0 ' , : /(jrJU ami ,1Ip~rfjcial C]ldnn (Lnang, trom expenen,ce, sensd~I011, blQf! _ ,0' Iso"allnlls and unemotional (Ca1 W' "I' "OIP) [,ey die a L " I' " Welte ' anc leczore.... "--+- ' ' . , The term "'11111'SI)L'-ial perS0I1i:1 ltv_ /999) , _, _ P utu Fri,ck ilnd St, ods ... y - - ' ',' . ' " 'j'-'hopath" The funda' . I ' Iy "lltacpd lhe term ps L . I (Lykken 1(95) has dlge n.~,',., 'I ;,tlpr these traits are simp y a '1 l IllClslion that 1'12I11all15 IS 1,\1 1(:' . t' I1n::n 1d L
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_. _ J exp al1l W 1y d persun POStil:bSeS tile traits A lle oj the tirst to aUe - It' 1-' . . Hans EYbenck ([1964JI~;~) 0JexPl~~n persondJil~' traits ul offenders was nal or ~, : . . ' W 10, Ike Cleekly, tned to establish a crimi,'. ' p::;y~hohC, ~erbunahty. Drawing on Carl .Tung's ideas of int. _ :::~:va~l~tei~~I~~:~;'SI~ll.1 dn~.;'avlov's leanling theory, Eysenck c1ain~~~e;o ler Jroduces ,P~(.bUI1a. I I~s.are made up of dusters of traits. One clus,. I _ _ a sen::>lt!Vl!, InhIbIted temperament that he call d . t ::>100. A E>econd cluster produces an outwarcl-fo ~ __ ,. .- e m rov.ertelnperament that he calle:! :>./: :> _'. ~u5e~t cheerful, express 1ve ' . l ex rOVer;:,lUn. A thIrd dImension of -:> I ~~rt1:~l:~l[~~~~I~~ Je:not~~na~ stabil~t~ ur int;tability, he labeled ne~~~~~i~~l~ sition to PSV('h"I~,.~~I;:::>iJ:~~juen{tlyad~eLJ psychuticism, \vhich is a predispoallv stable "neith '1' 'lluv.V\lI. Ntllllldl hU11l;:l1l personalities <:lrc emotion\vJ;() are l;iglll,' nt'l l~gt: y 11l~hl·ulverted [lor extrove.rled. In contrast, those J elllO ICllg 1 vext·-Wel ·1- -I I chOlicisrn ...,",e'_,I" I· _ _' . " .1l .... c .... ldve a greater pred . _. ··t·(~l , alll score high on a psvJ tIle extreme the psych _ t1 ., .. , ISfJl~bl IOn lowdfd crime, forming in upa ilL peI~CJ11d!JtY. Eysenck explained that such
139
personalities (sensa~ioll se~kers) are less sensitive t? excitation by slin:,uli, requiring more stllTIulatlon than normals, whICh they can achIeve through cdule, violence, and drug taking. These people afe impulsive, being elnotional1y unstable. They are also less easy to condition and have a higher threshold or tolerance of pain. Low IQ can affect the ability of such personalities to learn rules, perceive punishment, or experience pain, as in biological theory. A major contribution made by the trait-based personality theorists is their reliance on relatively sophisticated diagnostic devices. For example, Starke Hathaway (1939) developed the Minnesota rvlulliphasic Personality Inventory (MI'vIPI) to detect deviant personality patlerns. The MrvIPI uses several scales to mei:lSLln:~ personality trails such as depression, hysteria, psychopathy, and compulsiveness; 550 true/ fa Ise statements aid with diagnosis. These statements are grouped into ten separate scales measuring different personality traits (e.g., depression, hysteria, etc.). The rvlrvIPI has "received considerable attention in the det~rmination of criminal offender personality typology" (Cannill el a1. 1989,486). For example, using this scale Glaser, Calhuun, and Petrocelli (2002) were able to classify personality by type of offense committed by a group of juvenile offenders. Another common persona lit y lneasure is the California Psychological Inventory (CPI). The CPI is uSt::d to determine if a person has traits sLlch as dominance, tolerance, and sociability. Recent research using yet another scale, the Multidimensional Personality Questionnaire (MPQ), correlates personality and delinquency, finding that "male and female delinquents exhibited convergent personality profiles characterized by impulsivity, danger seeking, a rejection of traditional values, aggressive attitudes, feelings of alienation anJ an adv~rsarjal interpersonal attitude" (Caspi et at. ]994, 176-177). Caspi and colleagues argued that crime pruneness is correlated to multiple psycholugical components, particularly negative emotionality, such as experiencillg states of anger, anxiety, and irritabilily, and by weak or low constraint, meaning a difficulty in controlling impulses, making these individuals "quick on the draw." Others seeking to measure personality traits assuciated with criIne have focused on specific offender types. Caputu and colleagues (1999) exanlined juvenile sex offenders and found sex offenders to have high levels of callous and unemotional traits. In another example, J\l1yers and colleagues (1995) set out to study the diagnostic, behavioral, and offense
factors in juvenHe homicide and to identify profile Clldfdclerbtic5 01 homicidal juveniles. They found: The juvenile murderer is typically a disruptive behaviur-disordered yuuth with family and Sdlool problems who has been raised in a violent environment and abused by one or more caretakers. He has prior evidence of
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Jit'ficuity . controlling a.ggressive urges toward olli"'r·· '--." dll l II ldb. beell arresteJ fo~ earlIer offense(s) .... In spite of diagnosable psychiatril: disorders in
Males and females faced quite different sexual-selection problems in the Pleistocene period. More specifically, for females selecting a mate was a major decision as they typically invested long periods of time in bringing up
96 ItJ of these y?uths, only a few (14%) had ever received any mental health care.. : . Th.e hIgh, frequency of neuropsychiatric vulnerabilities in this sample, pn~l~nly a hIstory of P~YC~lOti~s~mptoms (71 %) and seriolls past head l:auma 15 not an unusual fmdmg 111 Juvenile murderers. Such vulnerabili_ tIeS are postulated to be contributory factors in the eti -lin.TV of v' 1 _ (1995, US?) l -g. 10 eneE'.
_, Sutherland and Shepherd (2002) examined 13,650 English youth dnd tound that lack of self-c?ntrol and low self-esteem predict violence. In an even more c,omprehenslv~ study, :rvIiller and Lynam (200.1) conducted a ~l~ta-analY~I,S of personalIty traits and antisocial behavior. They found st1~ng ~l1lf:lln~a~ support and were able to distinguish personality traits of antIsoCIal mdlvlduals (hostile, self-centered, spiteful, jealous, and indifferen~), They ~lso provid~ a co~nprehensive description of various personaht~ the?f1es and relatIOnshIps to crime. Given thaI: such traits can be found ,111 chIld and adol.escent murderers, the critical question becomes, Wh.at 1~ the, ca~sal relatIOn of these traits to the crime and what are the pohcy l111P.hcatlOIls of these types of causal analysis? If We are born with ce~taln traIts, they are based on generation-to-generation transnlission. ThIS process may go back Inillions of years and involves evolution.
Evoilitiollary Psychola:?,) A relatively new psychological area of inquiry involves evolutionary psychology (EP) (Thornhill and Palmer 2000; Barkow, Cosmides, and f?oby 1992!. ThIS VerSIOn of psychology stresses that behavior is either d~rectly or Ind~rectly ~'elated to inherited mechanisms that increase surVIVal odds whIle ~ealmg with lla~r~l selection. As We saw in the previous ~!lapter, t~e fIrst.to apply thIS Idea to criminology via what they descll.be as r II\. ~electlOn theory \,vere the evolutionary biosocial criminol~glsts Lee Elhs (1987; Ellis and Walsh 2000) and J- Philippe Rushton (19~0, 1995)__ EvolutIOnary psychologists strongly dispute the idea that th: mInd, a general learning-solving apparatus. Instead the nun~/bram.15 rJle result of millions of years of evolutionary processes ~eebng envlTonmental challenges, which led to "specific cognitive functIons to meet those ehallenges through the process of na tural sele'l' L IOn an d sexua I seI ecU-on " (Ell is and Walsh ~OOO ]47)· 0 - - d of s ecifi" 1" _ . . - , . . LIT b la1n IS compose,p c modu ,E5 ,.or areas t!l:H ~l'Q ge81'ed to solvin& di([crent adaptIve problel~s_ EvolulIOnary psychology is well illustrated by Thornhill and Palmer s argument (also argued by Ellis ]989, in his book Theories oj Rape) .that rape 15 best understood in the context of mate sel~ction and adaptive processes.
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141
their young. Therefore, selecting a male who was likely to invest his re-
sources in her children was critical to ensuring their survival. Women evolved to choose their mates extremely carefully and placed a premium on traits such as reliability, kindness, and high status (i.e., access to more resources). Because males were typically more eager to have sex than females, it was possible to choose from a range of possible mates. However for males, sex was a lmv-investment activity, all they had to contribute was a small de~ posit of sperm and a few minutes of their time. In addition, finding a mate was an intensely competitive process with high quality males likely to dominate the sexual arena and secure exclusive sexual access to females. Therefore, males with the highest status and most resources were more likely to obtain sexual access to females, thereby increasing the chances that their genes w01dcl be rassed on and their offspring survive (Ward and Siegert 2002, ]51).
Other males were left to forcibly take their mates in order to pass on their genes. Having sex with as many women as possible further increased the male's chances of reproductive success (see Ellis's "cheater theory" of crime in the previous chapter). Males acquired multiple partners because women conceive internally and males could never be certain of their paternity. Under the EP paradigm, people are just another form of animal. This perspective has understandably been criticized (Ward and Siegert 2002) and is especially challenging to the feminist perspective (discussed later).
The Limitations and Policlf Implications oID-ait-Based and Evo/lltionarl! Psychology A major limitation of trait-based personality theories is that, like psychoanalytical approaches, they are tautological (rely on circular reasoning). By definition, lawbreakers have defective personalities and this is used to classify them: Stealing may be taken ag an indicator of impulsiveness and impulsiveness given as the reason for stealing. Similarly committing offenses against others is seen as evidence of a lack of empathy yet lack of empathy is seen as a trait to explain offending. Thus a recurrent criticism of trait-based theories is that they represent correlational rather than c:::ltH'.8.l C011.rlI;>cl:-ion",_ Tn oi:l'l0r "",JordE'., do ~l'lc b:,,,,~h,- dcvclc>f' ;n ,,,d ...... ,,,n<::<:" =(
criminal behavior nl' as a result of it or its implications? Moreover, Akers has noted, liThe concept of lhe psychopathiC personality, for instance, is so broad lhat 11 could aprly to virlu
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In addition to these theoretical and methodological flaws, results of research into the effects o[ personality trailS have been mixed. One of the first comprehensive reviews reported lhat most previous studies did not find significant differences between delinquents and nondelinquents (Schuessler and Cressey 1950). A review of the more sophisticated studies did find significant differences, however (VValdo and Dinitz 1967). The empirical researcb on Eysenck's theory provides (l good illustration. Studies report little relationship between crime <md the major dimension of extroversion, although some support was found for the dimensions of ps)'chOlicisfll emf! neuroticism (Cochrane 1974; Burgess 1972; Passingharn ]972; Feldman 1977). But Eysenck's tbeory is empirically and methodologically so flawpel that it is even discoll1lted by sympathetic psychologists (Bartol 19Y9). The implication of trait-based personality theory [or policy is that if traits exist, Ihen they may be measllred and used In predict and prevent future delinquency and crime. Thus if tr<'lits can be identified in potential offenders at [In early age, treatment should begin then, even before antisociClI hehavior has emerged. The traits may he counteracted through various therapf'Lltic programs designed to compensate for them. Eysenck ([196411977,213) sees psychiatry as a practical intervention aimed at the "eJiminCllion of ant isocial conduct. Sirni1Clrly, one of the objectives of the study by I'vlyers and colleagues (1995) was to identify profiles fitting juveniles who may be homicidal. There are obviously serious moral questions about scn:;ening children for personality trl1it:5, defining tlleffi as "at risk," zmd giving them "preventive" treatment. . Overall, the trait-based approach is limited by its narrow focus, which excludes cognitive and social learning factors. Both cognitive and soci
Crill/ina] Minds
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Behavioral, Situational, and Social Learning Theories Eddv learning theories assumed a passive model of individuals whose
and associations led to their present actions. These pas t "~xperiences '--" ._ . .theodes evolved to a 1110re active view of humans as makmg vanous Judgments about current actions based on their interpretations of past and present experiences.
Be/liwiural Learning '[heory The passive behavioral version of learning theo~y, roo.ted in the work of Pavlov and Skinner, saw crin1e as the outcome ot learnmg that under cer~ tain circumstances, certain behavior will be rewarded. Pavlov ([1906] 19(7) discovered what has become known as cIassical.conditio~ing.r~e argued that stimuli will consistently produce a given e~fect. In Ius, c:a~sIc example, a dog "vill always salivate when presented WIth meat. 11115 IS a passive learning approach, since the person learns what to expect fr~rn the environment. A slightly more active version was developed by Slunner (1953, 1971) with his notion of operant conditioning, In this case, behavior is controlled through manipulation of the consequences of previous behavior. This model of learning is more active becaus~ the individual learns how to get what she or he wants from tl1e enVIronment rather than passively waiting for it to materialize. A central idea of operant conditioning is reinforcement, which involves strengthening a tendency to act in a certain way. Such stren~thening can be in the form of positive reinforcen1ent, whereby past cnmes are rewarded. An example would be a corporation that wins competitive bids by consistently undercutting the competition's costs through the manufacture of defective products. Negative reinforcement occurs when an unpleasant experience is avoided by comlllitting crime (e.g., taking illegal drugs to avoid painful low self-esteem). A manufacturer's violation of health and safety laws would be an example of negative reinforcement if such action reduced declining productivity. In spite of popular misunderstanding, punishment itself is not negative reinforcement because .it is designed to weaken rather than strengthen a tendency to do somethmg. But taking action to avoid anticipated punishment reflects the consequences of negative reinforcement.
Social Learning and Modeling Theory A more complex and active approach called sociallea111ing theory gels dose to the active learning of cognitive lheory (see later discussion). Originating in the -work of Gabrial Tarde (1843-1904) on imitation and developed by
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In U1e military, yotl are immediate! Oll" " se,rgeant f-J e or she ]Jersonifl'es v' l~' . ,lIron, ted Wltll a fole flludeI: your drill 10 ellCe anc ilPI-'re"·· \1 . bSlurl./ ong wlth military h, eroes, these violent role ll10dels I18VI:' a I''ways 00 been IS'" [ "1 llupressionable minds " . or0 d aVle tl ml::'cha . - ' .' Let young ' J '(), III lienee ", role models. Wt. g'et COl'Y" t ~I " . ale PIUVI lllg, ulIr,l.'hiJdren with ~. _ " " La, ells el ll1un:krs lhll "I' t1 nmenca like d virus spread b t],. ,,', " '- WUl,- 1elr Ivay across y Ie st.>; u dud\. new:; N t I one has done, it }lOU put hi ... ,[, .'" " . a'd] maier IV tat some_ s plC Ull:' un I V you bav '. , . and someone, somewhere " \\'1'11 elllU ' I die I'. l::' mil e 111ll i:l celebnty; . 11m \ 1 I' " young kIllers are brudJcast Ull tel eVISIO]\ ~ .. ' It , ... v len t lL' "Illlages of the wy he~oH ~ . J I age preschooler in America w t~] ,071'," '" L l~ r,Ll e JllOl L' S. The aver~ . a L le~.:. lUIJ!S oj telev - I f ' I T age chIld gets more nne-on~ , , '. IS .lll <1 I·vel::' \.. he aver~ . , , o n e LomlllunlCatJOn fro TV I ' . achieVe>m [ I:"t 13n from. all her parents and teachers cumbin e. d T11e L1 I . IHnate
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In short, social learnlng theory sa\,s U : I tJ" , ,. of poor role TIlOdels produce i n't'l :.' ,ld' ole t~b;,:e~'vatIU1) dlld experiencl:' 1 I dwn dill l IllslIgcltton at socially llnclesir-
145
,1ble behavior". [11 this way, violent behaviors can be seen as <:lcceptable bell,wioral oprluns, as in the case of spouse 'nbuse modeled on the way the abuser's parents interacted vvhen d(',lliIlg with conflict:. Longitudinn1 research Of\ the television programs wfltched by children ill the 1970s shows that I'hose who wiJldlPd the most violent programs were more likely to be violent in adult life than IlJnse who did not walch such shows (I-Iuesmann et al. 2(03). Using folluw-up interviews, interviews with friends and relatives. and t:rinlillal justice records, Ihe research was conducted on 32q adults between 1992 ilnd 1995, who wen" inilia1Jy surveyed as children in 1977-.1978. The study found that tllose ranked in the top 20 percent for walching the most violenltelevisitll1 shows (such as Stl1l'sk:y and flu/ch, the Six lvliIlioll r)011111' 1vlrlH, and even the Roadrunner cartoon) wefe more than Iwice as likely to net aggressively toward their spouse than those \,\'ith less violent television viewing as children. tvlen were more likely to push, shove, hit, or slnp and women were more likely to have thrmvn something at Iheir spouses. Those children in the original study who identified with the chnraclers a.nd who believed they depicted real life were Ihose found to be more violent in later life, Importantly, those who watched such programs \-vilh their parents, v\'ho were able to mediate lhe violence por.trayed, were nol as violent as those who 'watched the progrflms alone (Huesmann et a1. 2003). This research prOVides major support to Bandura's Iheory of social lean ling through l1l'havior modeling, Several criminologists hilve incorporated Ihese clifferent versions of lenrning into their theories, most notably I\onalcl Akers (1985, 1998), and we shell I examine these more fully in Chapter 6, on learning criminal behavior.
LiJllilnfiolls lind Policli IrllflUmtions ofT,etlnring Theory There nre SeVt"ri)] limililtiolls to learning theory, central to which is why uldy some of Ihose e;.;posed to negative learning patterns, role models, and reinforcement acillilily adopl the111, wherl"ils most know the difference between fidion ;:md reality. Clearly, some people are mort:~ open to influence than others. As the more sophisticated of these arguments suggest, most (lfe elldov\'rrl \vilh or also learn "prolective factors," such as believing in olher vCllues thai serve as intervening variables limiting the enactment of Ihe negative patterns. SociallealTling theory is also unable 10 easily e;-.;plilin genclel~ age, or racial differences in behavior, unless it incorporiltes ;1 notion of identification with specific role nl.odels having signific;1TICt? In tIlE' ~ncial 1I?;:Jf1l0r. HnWl?Vpr, 3~ soon as this is conceded. the theory moves ],pyond simple modeling into cognitive lhenry, which we discuss belen\'. The policy implication of hehavior,)] a.lld learning models is to reword cnnvelltinl1,ll ill1d positive 11("lwvior, Ellis alld WCllsh (2000,346) observf:':
146
Essential Crhninology
('rimillallvlinds
"Social learning theory is impressive in terms of the number of treatment programs it has helped to inspire. The most unique feature of [these]. progr~ms ... is a heavy emphasis on rewarding prosocial
Kohlberg (19()9) applied Piaget's ideas to moral de\relopment, finding that children develop through six stages. They progress from il premorzl1 stage, in which morality is heavily influencpr! by outside nuthorily, through levels of convention in which decisions l1bout right and wrong are based OIl whl1t significant others expect, to full social a"vareness COIllbUling a sense of personal ethics and humnll rights . .rvIost people never make it to the last stage. Cognitive theory emerged in criminology, noticpi1bly lhe work of Yochelson and Samenow (1976, 1977; Samenow ]984), whose explclTlatioll of the criminal personll.lity integrated free will, ralionnl choice, and t-hinking patterns. These clinical psychologists, who had Ip flballdon all thpir clinical training (Freudian and behilviorist), argned Ihflt faulty lei1rning produces defective thinking, which results in criminal behavior choices. Yochelson and Samennw developed a theory rejpcting the ideo of delrrrninism, arguing, "The essence of this il}-Jproach is lhilt criminals choose hi commit crimes. Crime resides within the person ilnd is 'caused' by the way he thinks, not by his environmenl:. Criminals think differently from responsible people" (Samenow Jll84, xiv). Crimillill thinking is different from a very early age. In general, criminals think concretely rather than abstractly; are impulsive, irresponsible, and self-centered; and afe molivated by anger or fear. These characteristics describe a person with i1 "criminal personality" who is difficuH to change or rehabjlitate. These underlying psychological emotions lead criminals to vipw theTnslves as being worthless and to feel that others may COIIIP to see nll~TT1 the same W'ly and that the condition is permanent. Crirninllis thus commit crimE'S tn avoid reaching this sl'ate and 1.0 avoid having their worlhlessness exposed. The fear thnt it might be exposed produces inlpl\se anger and haIred loward certain groups, who may be violently atlilcked for not recognizing the inclividunl's il\nilted sense of sl1periority or for injuring his or her sense of pride. A second line of cognitive theory applied to the criminology of violence is by Aaron Beck (1999), who is seen as the falher of modern cognitive therapy. In his book Prisoners 0/ Hafe, Beck links human lhinking processes and emotional and behavior
('good') behaVIOr rather than trying to punish antisocial behavior." As a
result, in the Skirmerian behavioral approaches, the role of discipline in home and school is important, particularly focusing on the practices of parents and. te.achers. Thus the social learning version of the theory Involves vanetIes of resocialization, individual and family counseling, development of new behavioral options, and the provision of new "proper" role ~llodels (Pal,teTson 1997). In summary, the policy argues for strengthenmg the famIly to encourage children to make noncrime choices, teaching appropriate parental socialization of children into res-f0nsible moral behav~~r, an~ teaching children right from wrong, whICh are all part of posltIve remforcemenL In terms of policy, social learning. and m.odeling theory imply a heavy monitoring of media and developlllg sOCietal mechanisms to control and fiIter the kind of television children watch and for restricting the kind of video games that they are allowed to play. The cognitive learning perspective, which we turn to next, is ~ess mechanistic than simple learning theory and goes beyond the modelIng patterns of social learning theory to consider how social learning is a creative activity.
Cognitive Theories Founded on the ideas of Wilhelm Wundt (1832-1920), William James (18'12-:1920), and the Swiss child psychologist Jean Piaget (1896-1980), cogmtlve psychology captures the idea Ulat human reasoning processes shape Ule way humans act and orient them to behavior. There are several kinds of cognitive theory relevant to criminology, notably those by Lawrence Kohlberg, Aron Beck, and Todd Friedberg. Pi.aget's ideas are seen in the notion of progressive moral development outImed by Lawrence Kohlberg (1969). Here cognitive theory has as its ma!or theme how mental thought processes Me used to solve problemsto mterpret, evaluate, and decide on the hest actions. These thought processes Occur through mental pictures and conversations 'iVitll ourselves. The assumption is that individuals' future orientation to action and their environnlent will be affected by the knowledge they acquire and process. For Piage, ([1923] 1969, [1932]1965, [1937]1954). children 'l"Yclop lilt ubUI'y La use logic, construct menial maps, and eventually reflect on thelr own thought processes. He argued that this cognitive development occurred in stages, with each new stage of intellectual development emerging as a resolution to the contradictions between different i'lnd competing views of the same events.
/47
F8SClIllo! rrilllillO!I'gy
produce anger and hostility as WE' perceive ourselves the victim of the other's attack We dGal with these problems by furl'her dehumanizing the other into an eX
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-t 1--1 e -·"-,,,,<JS tint thl:' :'lelt i.HlJ lllind emerge trulll lhe I. ?:l L~ ~ ~ materiel! (I)hv::;ical) brillll. LIe say::; lhdt the self l()l1 be allY par - ' . " (I' . b nl _[ :slood as a nested hierarchy ul trlt:'aning and purpose . "e~nerg LUll!::'J, . I _ tl II)1-l,,"ltl1l'. JJlilllV narb uf the: br;:iJll tIl tl I ') OJ, 138) \\1 lele 1e eve S l ~~c'I'II~ - ,( __ . '_ . _, _ ... _0 .'.1 t, to the self "are nested \vithin all the other leveb ot the luelCu con U1 m e , . . __ . . . 1 .. - to 'C-'og" "(Feinberg 2001,149). The implication:::. of thIS appros_c I al.e . I e . ,. lolly . i UCl-b-I-t I- ,-,)-1 to biolog\! or to see the functIOns of the nize the UTel 1 1 y.o m L: _ brzlin 35 disconnected irOlTl the tmnd.
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CO'Jllitive theory has received SUllie ernpiriGd support b~'t.~bu hdS_ ::;u~Jle - g ',-, - c"111-PC),cllOlopists have developed 1I1stnlllleilts to inherent wea k.t1e::;::;es. JU e. '-' '0" ~ . _,~.. _, .1 .. _ _ _lre U)e d,-fl-erent "thinking stvles" thought tCi be assoCldted wI_t1 sell mea::;1 ' . ... ' . 1 TI .. V ol1ti criminal activity (I:'.g., Psydwlogica! Inv~nl.ory uf Cllillu:a . U1~1 ,111g: Styles; see vValters 1995). Others, such as Blat~e,r ('2~)UO), exam1l1e~ loc~~s :){ (;ntrol, stability, se1£-eslt't'1l1, and conl:t..~lIall1bty In ZI study o~ :onVldl::d . defs She found sunnlJrt fur coglllhve theory. Not sUfpnslllgly, the o ff ell . ,t_, _j- _I' dth"'lOrepO\VIon Tel' one is incarcerated the loweron€ ::. Bel -l'::' ,e~l:l an e.l,l. .",_ erle~s one feels (Goldstein and tvIcKenzie, 19841· 11115 has PO~l~~~~n:p~1Ca hons since a higher self-esteem is related t~ d h:wer rale ot IeCld~vls:n~ Similar! y, a study by Helming and Frueh (l':JY6) tound ,~hal_~reabnent~I,{~_ tervention involving a "cognitive self-change prc~gr;-lm de,tilgned to co~ reet "criminogenic lhinking errors',' ~lTnong 1,llcarcerated offendels p )orled the value of such therapeutlc 1J\terVI::~JlhOlL . sut-Lwevef, as with several of the psychological theone::. we hd_ve L':\dll~ illed sn fal~ cognitive tlll'urists such as Yochelson (mel SaJ~l~nOW d~ l\ute~~ lain why some oHellllt~rs think crimin,:dly and uthe.r::; ell.) \lOt. 1. ~l~Y ,dbo ~sed no cuntrol groups in their l::.'vdhlULinn and provldehllle eVldence.of systematically gathered data, Perhclp::' musl import.dllt, ~·Iey uvergen~r:d ize from a highly selected gruup of probl~rn-su.ffenn,?clI_e~1ts ~~ ~1OsPltdl: - I 11,reI-core adult criminals and seriOUS luvenl1e otfenders to thl:: lzec ( . _ .\ C ( Fir.:') o-enerdl population of offenders (VoId [195,:;] 1)7), ~~1 ... , _ . .. , .. n At a broader level, cognitive theory has been CrJtI~IL,:J tor .lgnOrlIl,~ JsydlObiological explanations, clisregdrding the .,;dle~~b ui, e1l1(~:lOltS, ~ll.l~!. the same circular reasoning that was sel.'TI as a clefeetl~l.tralt-bd~~~, t,~leul.J' "It seems thal behaviors are l:aken to indicate cognitiVe .}1fULe::;SL::::;, aJld U-tat in turn, U1l2 cognitive proces&cs Dr~ 1)ivcn <15 expla.noJlJll1l::' fur the beh;1viol·s" (K1USt 1995, 54). . ' __ .. . ... " . , . t.l Consistent with their assumption::. about "stjnlj~lg thlllklllg .ledQlllg . I 'rime cognitive-oriented theorists' policies fur crune controllllv~lve the ~dent;fication and elimination of dysfunctional tllough,t process~::. (~r r~;~ soning ability. For example, Yochelson and Sdlllenow s (1977) ll1lerVe -
15(1
L;tiseJlliulC'rilllillulogy
Liull~ were Lle~igl1ell III identify dnd destroy currellt destructive criminal patterns 01 decisiuJltllJking by confronting offenders directly and by crea.ting new thought prucesses, Yochelsoll and Sarnenuw believe that criminals can be, confronteJ with their behavior as victimizers of society in an att~Illpt. to. l1Icrea~e f.eelings of guilt and self-disgust that eventuaUy deter th.elr.cnn~Jna: t~lI1klng, But these theorists also claim to teach the suppres::;wn uf l:rumnal thoughts and substitution of noncriminal ones. Thus Sam~n(l\v (,1984, 257).drgued, "y!e are as we think. a is trnpoS8ible to hel~ a pelsoll glv~ up Cl"nne and live responsibly without helping him to change \vhdl: 1::; most basic---his thinking," For t.hes,e theurists, "The criminal must learn to identify dnd then abandun th11lkmg patterns that have guided his behaviur for years. He must be taught new thinking patlerns that are self-evident and automatic for respunsible people but are totally foreign to him" (1984 6-7). To do this Y(~ch~lson and Samenuw got criminals to write down' Uleir day-to-da; 1111nkl~g a~d re.poI:1 it to a group. Then, the therapists would point out the errors In U1IS thlllkmg and suggest how to correct it. They claim tha.t evenl:L~ally thuse treated develuped new patterns uf UlOught and behavior and l~Is:ove.red the rewdrds of behaving responsibly, wiUl0ut deception or intwudatlOn.
~in~j}ar1y, Beck's cognitive therapy concentrates on correcting biased t111nkmg palt.enls ill order tu "reframe their negative images" (Beck 1999, 8). Unfortunately, Beck also celebrates t1le ,>vork of those, such as Dodge (1993.), who sC~'een kindergarten children in high poverty areas for ag?ressI~e behaVIOr dnd subject them to social and cognitive skill training trom tIn;it throu?h t:nth grade. Clearly there are serious moral questions about p.reve_ntah~e mlervention, which we looked at in the last chapter, In th~ next sectIOn we look at how far psychologists have come toward embracmg. a broader social perspective, by considering those who focus on the envlrunment dS a sigtlificant factor in shaping the mind,
Ecological Psychology Ecologkdl pSydlUlllgy is the study of huw envinmlnental factors, such as unemployment dnd suLial settings, prevail on i:l person's mind to affect behavi?r.. EcologkJ I psychology developed as a reaction against the narrow clIniCal approach to treatment and a disenchantment with psyc,1Jothe.fapy,and it is, conSiderably more eclectic in its assumptions. .I::,cOluglc~1 psychologists drgue that psychotherapy has not demonstrated Its effel't~VeI~esb: Tt:aditiunal.psycbolog y is accused of using a medical model WIth a pdSSlve help gIver \,vllu waits for the client to define his or her UWtl need dnd then to request help" (Levine and Perkins 1987,36).
Crilllillallvlillds
/51
The focus of ecolugical, also called community psyclllllugy, is lIot to find out what is wrong with the individual. Rather, the emphasis is on looking at what is right with the person and his or her fit with the culture and environment (Rappaport 1977). Thus, this approach is ll1uch more encompassing than traditional psychological clinical approaches. Several factors that reflect the changing social context led to the development and growth of the p e r s p e c t i v e . . The social context of the mid-1960s was one 01 turbulence and change. First, the KenneJy-Johnson War on Poverty stirnulaled attention to many related social problems, such as crime, unemployment, poor education, mental retardation, and welfare inequities. Community psychology was one way of welding these problems into one cohesive mass. Second, with the large deinstitutionalization of lllental health patients in the 1960s, it was recognized tilal new service delivery models were needed. This recognition was spurred on in part by tile efforts of President Kennedy (who had a mentally challenged Sister). Furthermore, tile recognition of the inability of the mental health community to keep pace with the demands society places on it called for a greater emphasis on prevention. Finally, empirical research documented that eOlotional problems are nlUch more severe in areas (cmnmunities) of social disorganization (Levine and Perkins 1987). As a result, in 1961 President John F. KelUledy's Joint Commission on Mental Health suggested (1) there should be a broader definition of who could deliver mental health services, (2) early intervention was critical, and (3) intervention should occur in the cOll1munity. Ecological psychology is also called community psychology because it actively seeks out those who require help in their own environment or community. According to Levine and Perkins (1987, 95), the people and settings within a community are interdependent. First, change occurs in a whole social system and not just in an individual, and thus d variety uf different problem definitions and solutions are possible ill ~l1lY situation. Second, community systems involve resource exchallges among persons and settings involVing cormnodities such as time, money, and political power. Third, the behavior that we observe in a particular individual always reflects a conltmlOus process of adaptation between that individual and his or her level of competence and the environment, with the nature and range of competence it slJppurts. Adaptation can thus proceed by changing the environment as well as the person. Finally, change occurs naturally in a community, as well as by intentional design, and change represents an opportunity to redefine and reallocate resources in ways that facilitate adaptation by all popula~ tiulls in tile community.
152
Esse/llial CriltlilWlugy
Limil"tiol/s Ill/d PoliclllmplicatiOl/s or ~ . . 'J Ecologiell I!J syc IIO Iogy
~~~k;~iC~] ~drChOJogy has been faulled for "lack of d vvell-articulated and ~~r~(~~~e19~~n~;r~~~111l0lde\"ors et ~~ t~leoretical principles" (l.evjn~ ' . ' 1as a so oeeD cntIcized for being mOre sociolo :>ical than psychologICaL But as 'vvith the other theo '" . I ' g thi I t nes 1Ne 13Ve exanllned S las no stopped the formulation of policy -, Ecological psychology adv t ' I' ' , lal fa t 'f' II boca es a pu lCy of I1lanlpulating environment COl'S speci lca y y makin . . L' ' " g IeSOurces avaIlable. Accordin t Vi:~~:~ ~~dt~.%I~In~, ~ In the_ec~logical pe.rspective, human behavi\~· i~ stanc F ti· 0 t le person s adaptatIOn to resources and circull1b l~s .. romI 11S ~ersp:ctive, one may correct unsuccessful adaptations y a enng t 1e avaIlabIlIty of resources Thus new.· I. ated " tin . . ' serVIces may oe cre't' ,or eXlS g strengths 111 sOCIal networks Inay be discovered and cond I Ions created to enhance tl ~ f . C. 1e use 0 such resources" (1987 5) ommumty psychology also recognizes that "before an ind' 'd ; , pears his society has had a specific social life 0 " I Yd IVI ua apd tl . rganlzec an systematized an 1e eXIstence of this life will exercise a t · · I " , him" (5 19 . yranIllca compulsion on att r ar~nson 81, ~32). ~lth.OlIgh the individual mdY need specialized alsen 1O~'. le prelventlve. objectzve is to reduce tile incidence of individureqUIrIng suc 1 attentIOn Ecological ch I . Witil neighb I d 1 v I ' " psy 0 Oglsts are thus concerned educational ~~~OOpsy-cel, e p~evlentlve Interventions. Providing materiat , 0 l ogica resources to hel· I fi' . different societies is the objective. p peop e t 111 dIverse or One strategy is community I" U' 10 ical .' po lC111g. Sl11g an approach based on ecoop~rati::~~:~~~~dbt::It~~:~'ponent~of an~. theory must be identified, aIUong tile stated objectives o~~~~u:~etlI~.~rocedures. For example, crime and increase comrnunit coh' ~u Icmg are to reduce fear of physical and social disorder. Th~s sca~::o~;i~~tart thruugh decreasing to me J. d ,ruments, were developed 1995) a~.~re cO,~eslOn, isorder, all~ fear of crime (Lanier and Davidson I '. Ie step ould be to Implement community poJicill' and ~sv: ;:~e ti1e Impact ~smg 'psychometric measures. The lack of res;urces source~~~~;o~ie~~Ith tl:IS approach, however. Il is difficult to make report SUd1 ef~~rts~ 0 10se 111 need when ti1e political climate does not sup-
I1:X
v:
SUlnmary and Conclusion The psychological perspective has add d "-I " ,' to criminological theory In spite f . e da lIe 1 and Importanl dlinension serious questions with b'oth til ~ 0 ,~l~IX~ .lempirica.1 ~upport, it has raised ories and th . f' ~ :l1.e e 1dI1Ica detenllII usm of biological thee open VIstas 0 lI1dIVldual freedom claimed in classical mud-
Criminallvlillds
153
els. It has sensitized criminology to the importance of individual development, unconscious processes, Clnd the consolidation of behavioral characteristics eluring childhood development. Most important it has explored the way the human mind engages its environment toward self-preservation or destructioll_ Differences between the various psychological approaches have also enriched OUT understanding of how the environment may be translated into both constructive and destructive behavior. Ultimately, psychological criminology has provided a window to our mind and an opening to individualized treatment. Its attention to therapy has fostered understanding of the nature of our actions and the consequences of past relationships on future behavior, and how we may intervene at the indivicluallevel to make a difference to our relational world.
Summary Chart: Psychological Theories of Crime Basic Idea: People have personalities formed through parental socialization. Some are inadequately socialized or are traumatized during development and form crime-prone personalities or behavioral tendencies or criminal-thinking patterns. Human Nature: 1hunans are seen as biological entities but with personalities that are shaped hy childhood developmental experiences in the family. Humans therefore are malleable. Their behavior reflects a combination of biological attributes and early socialization experiences that are mediated through cognitive processes of the "mind." Psychoanalytical theory claims the key to the mind is its unconscious process. Behaviorists believe human minds are a blank slate. Trait-based approaches fall somewhere between the two, seeing adult personality formation emerging from socialization with distinct traits. Social learning and cognitive theories assume perception, self-identity, and rational decision making. Existential and pheJlomenological approaches assume the importance of socially constructed meanings, emotions, and feelings absent in the behavioral learning models. Finally, ecologicClI psychology is concerned with identifying the fit between individuals and their environment, seeing how the latter can shape an individunl's mind. Society and the Social Order: Generally seen as a consensus, with the exception of social learning theory, which sees conflicting social norms. Law is seen as the rules designed to protect the ongOing development of society. Crime is one form of abnormal behavior manifested by those with personality problems or defective personalities. Psychologists prefer the nonlegal definition of crime as aggressive or antisocial behavior reflecting norm violation rather than law violation. Criminals, especially in trait theory, differ from noncriminals. Criminals, accordinG
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cC'5nitive theory, a,,," thog" ",.d,("> have le",rned incorrect ,"""y'--'". to
think or behave in society. Causal Logic: Most attribute cause to defective socialization by primary groups, principally the family, although some recognize modeling on significant others or even images of significant groups or role models. Specific Causes vary depending on the variety of rsyc:hnlngical theory: (1) Psychoanalytic theory ar-
154
gues that offensive behavior or antisocial behavior is the outcome of early childhood frustrations. Primitive drives of the id combine with weak ego and superego development because of (a) failed parental socialization, (b) lmCOn~ scious guilt, (c) oedipal conflict, and (d) aggression. The result is frustration, and an IlllcunscioU5 search for compensatory gratification leads to aggression and delinquency. Weak superego and riotous id cause breach of social controls; overdeveloped superego or damaged ego can also cause crime. (2) Behavioral learning theory sees crime as the outcome of learning that under certain circuffist;oHlccs it will be rewarded. A key concept is operant conditioning, whereby behavior is controlled through manipulation of the consequences of previous behavinr. A central idea is reinforcement, which can be positive, in cases where past crimes are rewarded for their commission, or negative, where punishment or other consequences are avoided by committing the offense. (3) Trait-b;1sed personality theory argues the development of a crimina! or psychotic personality is sometimes a result of extroversion or low lQ affecting ability to learn rules, perceive punishment, Or experience pain, as in biological theory. (4) Socialleaming theory says observation and experience of poor role models produce self-reinforcement of observed deviant behavior, leading to imitation and in.stigation of the same. Violent behaviors are seen as acceptable behavinrill options, and the imitation of others' criminal behavior is experienced as rewcmling. (5) Cognitive interpretive processes explain why criminals and lloncriminaL", behave differently, even when they have similar backgrounds. Applied to crime, the theory argues thilt faulty learning produces defective thinking, which produces criminal hehavior. Existential and phenomenological variants of the theory focus on individual construction of meaning that triggers criminal udivit)'. (6) Environmental or community-based psychology looks at the fit between individuals and environment and attempts to manipulate the envirorunent to prevent offending. Criminal Justice Policy: Depends On version, but most involve prediction and prevention Clnd some kind of therapeutic intervention, assisted by drugs to coj"rect and control traits. Criminal .f ustlce Practice: Psychoanalytic theory involves evaluation anel treatment tn heIr offenders uncover the childhood root causes, bring these to the conscious. (lnd train to effectively control or correct problems of parental or "maternal" dfT'rivation. Behavioral models n~gllire rewilrding conventional behavior 'llld nil! rewarding deviant behavior; the role of discipline in the home and school is importilnt. Socia! learning theory involvps varieties of resocialization, individual and family counseling, development of new behavioral options, provision of new, "proper" models. Cognitive theory involves learning new ways to think {mel replacing destructive thought processes with constructive ones. The environmental approach involves manipulation of community resources to prevent problems arising from the outset. The V<.ll"iOll,s intcrveJltiull tecllmgues an:. I;wgply focused Ilt the imlivicluallevel of treatmenl and include psychmmaly£i's, grnup therapy, couTlseling, falYlily thernpy, drug treatment, and envirCllllllental manipulation. Evaluation: Psychoanalytical theory is criticized for being male oriented and seeing feJllales i1S inherently ahnormal. The thel.lry is dif·ficult lo test, and irleils
155
Cril1linal !vlinds
Essential C7i1l1hlOlogy
"b .. , t' '[s" and "unconscious forces" U:llUlot be.veritied ur. falsified. clbuul aSlC illS tne ... I d 1 , I 'des an alternative to Freud and behaVIOrISm; It promo e enTrdltlleory pravl . . I' ~. f .' 1 I to f'lnd personality traits but ignores sltuatl,ona structurIng 0 lnea researC"1 f ' 1 ' P , d . too narrow. Both theories have problems 0 CHCU ar ~easonrn? traits an so IS .' b ·cludmg cogntBehavioral approad"1es oversimplify the lear1llng process y.ex B I ' , . ,. ry and I)erceptlon. e HVlOflsm bve processes such as rnterpretalton, memo , . tl _ [ ff rs b "e:l on stimulus-response is too mechanical. Cognitive ~eory a so su e d asonin g : Behavior is taken to indicate cognitive proces~es an _a~ l " r ll tt ll0e l ::12 taken as explanations for the behavior. ap p ", dr' lications nVlronmen ta 1 proaehes lack scientific verIfIcatIon an po ICY Imp I· t I tI n"l I d s not deal with the wider political structures t la Slape .112 e. p~yc 10 ogy oe U 1 I ical erspectives tend to do better explaining
r~~~:~~::
PhenonElen~loglcal
~~::7~;~'v~~~~~;rFr~~~.~u~~hea~proacll has imp~rtantimpl~cationsfor the
d'scipline children and the public consumptIon of media me~sages, as to explain individu.al dIfferences ~111 response " , t learn'lng and provides only weak causal connectIons betvveen a factors.
,.
~~a:e:_:nd violence on TV. This approach fails
Notes . . d f The M'Naghten Rule 1 There are four legal bases for the 111samty e ense, I 'II I ' , 'h cl ed either did not know t 112 I ega (1843) requires that It be proved t at Ll1e accuS . . 0It' did not know its nature because of defectIve reasonl11 o resu mg act wad~ wrongr°thre m'lnd TI,e Durham Rule (1871) is broader in that it allows an from . lsease o · . d r , ' I responsl·b'I't accused to escape crmuna I 1 Y if the illegal ad . was the pro .uct. 0 men. .
or
a
tal disease defect, definition that pennits grea~er mput by psy~hIa~~c ~xf:~~ witnesses. TIle Irresistible Impulse Test requires eVIdence to pr?ve t lat:;. e e d t" Id ot control his or her behavior because of mental Illness: 1 m~lly, the S:~s~~~ial~ncapacity Test says a person is not criminally responSible If ~t tile time of the illegal ad a mental disease or defect resulted in a lack ~f sUb~ta~~lai capacity to appreciate the wrongfulness of tlle conduct to can ~rn: 0 I . ~ ~. Several states have established a comprowise guilty but insane p ea IntW 11 [' de ' I or psyc - I' tr'c center for trea men· an , r'Irs-t 5 ent to a secure hosplta person IS . "11a .I . when cured completes the remainder of tile sentence m pnson.
or
Leaf/ling Crhllh/l11 BelllTuior
6
Learning CriJninal Behavior Social Process Theories
What '(ue ({Ill hllllUlII IlL/lure ill aelwilily is hlllll{l/Iltahii.
- -Jewel [Ki1cher/ (lye!,!) Military and vampire culture::; i:lppedf to be dt llie opposite end of tile mora.l and behavioral spectrum. The military n:~prebenls Jiscipline, uni[onlllly, respect for authority, high ethicdl ::;tandards, hierarchical status, rmd"lIle prom~tion and protection 01 American values. Guth and vampire (or .vdml~y:·e ) clIll.s represent anarchy, illdiviclucllislll, disregard for dUIhl:rI.ly, mllllmaJ ethIcal development, and ('hallenge the Illast deeply held religlOLls and social values. Each, however, can socialize lheir members mto crime. Consider first the case of \iVilliam Calley and thell the case of c'ha rity Keesee.
On l\1arch 16, 1968, in Vietnam,
il,",
/llallY as SUO men/ womell, and chil-
dr~n were killed by U.s. Army plaloOJlS in what becal11l::' known as the tVIy Lell m~ssacr.e. A squad sergeant from one of the platu(ln~ II:'Stified, "I;Ve complIed With the orders, sir" (CaJJey 1974,342). Lieutenanl \tVilliam Calley/ who gave the urJer for his squad to "get rid of 'em" (J974/ 347), reasoned; "Well everything is to be killed. " . I figured 'They're aIrl'adv wounded, I might as \·vell go and killthelll. This is our mi5~ion'" (J974, 4 3 12!. Dead Vietnamese ,",vere part of a Gl'~ "bOdy count." As Calley expl~med~ these people \·vere not seen as human beings: "vVe weren't in Ivly La1 to kIll human beings really. vVe \vere there to kill ideolocry that is cal:rie? by-I don:t kn~w. Pawns. Blobs. Pieces of flesh, and I ~'asn't in IvIy ,L)1 to destm)' 11l.lc:l1.15cnl m~n, I 'vVtlS there tu destroy an intangible idea. destroy commullls/n" (1974, 343). Calley did not learn this un the street In.a criminal gang bIll in U.s. schools. being brought up as d "run of the mIll average guy." As he explains:
To
/56
157
I went Ifl Scl,(lO! in the 1950s remember, ,mel it was drilled into us from grammar schuol un, "Ain't is bact aren't i.s g(lod, commLmisrn',c; bad, democrClcy's onoel. One and one's twn," et cetera: until we were at Edison High, we just didn'llhink ilhout it. ... The people in Washington are smarter than me. If intelligent pen!,!e told me, "Communism's bad. It's goi~g t? CI.,gulf us.. To take us in," I helieved them. [ had to.... Personally, I cheln t kIll any Vletrlalllf'Se th,! tb)': I mean personally. I represented the United Stales of Amerka. Ivll' colllltry. (Calley 1974, 342--344).
Prior to her inCiHceratioll Charity Lynn Keesee gained notoriety by be1011(ling to a vampire cull: that resulted in the notorious "Vampire Cla~-l kiIlE1gS," which have been the topic of several books, movies~ and televlsion documentaries. Although vil1l1jJire cultism does not typlCillly result in violence ilnd dealh, more them 4,000 fire estilnated to practice it. Unlike mosl-, Charity's cult commitl:ed one of the most publicized crimes ot lhe twent}'-firsll:entury. The leader of her cull: and her boyfriend, Roclerid< (Rod) FerrelL 16, and Scol:!: Anderson, 17/ broke into the home of cull member I--Teal-her Wendorf and beal her parents to cleath with a crowbar. Cigarette burns ill the shape of il "V" were found on ~h: .victi~s. CI~aritYf Heather, and Daml Cooper, 19, wen' ilCroSS town Vlsltmg WIth fnends during the ait'lck. After the brutal, salilllic murder Ferrell and Ancler~on stole the family SUV and picked up the girls. After successfully elu(hr~g the police for days, Charity phoned her 1l10ther fr~m a hotel ~~1 LoUiSirHlr-l. According to Charilv/ she had her mother notIfy the authollties as to their whereabouts (p~rsonal correspondence, November 20(2). Others dispute this explanation, stating th
158
Essen/in] Criminology
I don't know exactly where to start in where I went wrong. r used to blame it on my parents, but now realize I crm't do Ihilt. I,VilS my own person. I Was a bad~rl. . My rebellionsness [sic] started out with my stepfather and mother. My stepfather, Harold, starte~ sexua~ly abusing me when I was seven years old. My moU1er worked the nIght shlft at a communications company, which left me home alone with Harold from the time I got out of school u~til about one in the morning. The sexual a.buse went on for a few months short of five years. When ~ was twe:ve I fmally told my grandparents what he was doing to despite Harold 5 threats if I ever told anyone. My mother told me I was lymg, but later after Harold admitted to her what he had been doing she said asked for it. Later that year a judge gave my mother a choice: have her child 11l the house with her, or have Harold. She chose Harold. I was sent to Kentucky to live with my father. I wanted to stay with my dad because I know I'd be spoiled, butl still resented my mother because I felt like she abandoned me.
m:, !
When I got to Kentucky my mind was a swirl of confusion. I trusted no one. Not even my father. ~ll men were a threat to me. I would shrink away if my father got too dose or If he even tried to hug me. Daddy was gone a lot in those days, which left me home alone in Our country ~ouse fifteen miles o~t of town. I didn't have many friends-by my Own chOIce-and the ones I did have were <111 a few years older. I met. Rod that year. At the time he was a kindred spirit; a victim of sexual abuse himself, as well as someone with as many resentments as I had. Maybe more.
~od wasn't always around. He would dis
7:"19
revealing. He met TIle at the door at the top of Ihe sl
J(1II1117I~1/77, 711(1.1 (Jl/lmk I.nnifl', lH'l'SOIlIll correspondfllce)
Following her abuse Charity found relief through self-mutilation. She also became an aclive participant in role-playing games such as Dungeons and Dragons and T'vlasquerarle. Over time, she incre<1singly sought refuge with what she calls "kindred spirils"----similarly Clbusecl youth who WE're into the Goth scene; her particular band, however, wenl furlher than masl. In contrast to Ch<1rity, vVil1iam Calley grew IIp the 19505 as " privilegf'd while male in a segregClted patriarchal society. Calley represented America, discipline, success, and honor. Charity KeeseE' belonged to "gPIl X" and was an ahused, powerless, rural girl. She vvas rill individllr1listic rebel outside the mainstream. Yet they participated in two of the TJlost publicized crimes of our limes. Is there a common bUild thai ccmld expl;:JjJl these very different types of crimes and types of penple? vVhat do Liel1temmt William Calley and Charity Keesee have in COHill Ion? Like William, Charity belonged to em organized, hierarchically structured group. Culls and clans, while less formal than the military, follow specific rituals, demand allegiance, and promote "vfllues." Like Calley, Charity complied with whatever her "commander" demanded. Goths and vampire cults, like the military, dress in a uniform of sorts. Despite thciI- profc;'ised de:;;inc' tu be nni"'lu~, lh{o'y 1111 v\,. ...~ur b1.1<:k, hQVC rule
:;;l"in/
and follow Victorian clothing styles (nne of the author's current stuclents makes f?lkf' fangs for vampires in Orlando and Virginirl Beach and ll
!{il!
ES8t'lItio! Crill/l/lnIns!!
so different from small children who play soldier and carry toy guns, as Calley did during chilclhnncl. 1\Jso likp tile lllililary, Goths are law-abiding citizens the vast majority uf tilP liJIll". TIll:'y work, eut, and pay bills like everyone else. Occasinllttlly lhey "c1rHt" into crime, They also lean1 justifi_ cations that excuse their behavior, The same can be said of the military. These two different examples illustrale the central theme of this chapter: Ordinary hUllIall beings Gill become criminal offenders as a result of Social processes thruugh vvhich they learn hurmful behuviors and attitudes Cine! rCitloIlCIJiza!iolls fhat excuse or justify harm to olhers, vVhether Ihey are Conforming to the code and conventinlls of vampin" cults or to the military objectives of the governmenl. what fhf'y Ipi'lrJl call result in criminal harm. In this chapter, we examine sew'ri'll peTspecljves UIl social learning- social process theories - -thilt explain how Ihis cnlnes iibout, "Social process theories hold that crlmimlijty is a fUllcLion of individual socialization. They draw attention to the interactions people have with the various org
Common Themes and DifferE'111 Assumptions In the previous chapter, we' diSCI Jsst'd psycholugical explanations of how III1Jllr'lll minds I(~arn /0 think crinlilli'llJy ilne! df'vl"lop "crirnin?lJ" perSOTIr'lJi-
161
l,fllr/LiIIU Crill/ililif tklufOiu/ 6
'I " J II risls lIot,lLdy Edvv'in ::Jul.ht'rland dnd his cul. , c~verrI! SUClU ugILd . H::'U ~ L, f I· ·1··' I·'] a'sOc1atioll, . (jtJf6) in their tht'urv 0 C lL~len ld .::; leil~l(\t'.J).unald CleS5e~. I·) 'I '." 11,'1 c,-iIllindls were diHerel1t; instead '" I 'ycholO(Tjca dIla \'bb u _ . . reJ'pcted t \12dl P::; t J "I·n b I ctllTIm,l::, .' . I~ <.:~re no ditterent from non]IJents ,HI( . .. they argue .t l~ ]1: 'I )e '··'01 1,·'v'" differenllJcrsunalities and do not tlunk ' ltlZl .. Is Cnm1ll3 S L l. . 1 l'n cnn1 , . Is··I"or" tn. ('lllnmit crimes Just as t1ey1 .eal d Off rent I y C' nnllIli;l ,-0 '_ , or learn 1 e " . . " 1 of be laVlUl. 1 'b 'havlOr and lust as ,1l1yolH:' t'-se It'· ,..Jl' .
L
U
'-.-
-
_
_
•
•
L'
the larger society. .1 M J I.· (1°64)' and Creshanl Sykes . 1 -,. t" - '11::15 1) ciVil Zd -;,t, • Some SOClO ObIS S, t:lUL,c. . J S If. -l fJ (1), ill Ilwir theory oll1eutral(Sykes and rVIs.tza 1957; rVIatz~3 _dJ~~_1 ~e"~;lliJlg theurv presented an overly ization and dnft, argued tlla SPUd ;_ t ~i li'tic- First the theory assimplistic picture that WdS ~b{) IU~-: c ~ ~1~f1~S] ); bl~nk sl:ltes to be filled - aI'''' Il'ISsIVt' StlLld,1 dL DL, l c , d 1 1I sume - t 13 lumans '- e . ~, 'I _ t _ b "I ave Second, it drew tuo in with good or bad knowledge a.bULl!. 10.\: 0. _l.: 1 ._., and delin uent t stbetween conventIOnal Illdlnstrealll values . q ,. I, slar . . aconra __ ", "'I..> these values dre IllleneIt'll1g seJ-'d u e, " 1 I 1 'Inslead of I'" subcu tura va ues" ' -b' ,", drt uf mainstreanl culture. 1n, d I' - n forms u SLI terrdnean P , lateu; e.f lllllue cy : anl_I Lummi ~ 'tt"d to either conventIOn or b' immersed '111 e. d stea a el~g". ,", , -1 '·illized to behave conventionally but can delinquency, mdlvldu.als ale Stele .'11 ' I ·,1· law 1:0 drift belwel.:'ll these ' lib 1- ~·lfromtlll:.'mUld'Ullt occaSIOna y · ere easel I.". __ , ~ _. 1S'S .'5 svveet confurming, and ( , " CI ,·t f exarnp e ['onlt'S ,1Lll extreoles, jail y, or: -II" ". ,I, _ belul1g"s to one of the most OS' t ost of the tIme ll\VeVeI, b Il:.:' . . Inn~cen ~ln, p . L-'~l1e belon ed to the highly trained, dISCltraclzed uf all SOCIal gr:)u s'I . _I~ . _I _19 are able to ex.ercise their own pl-ined US. Army. Ullnnatc y, 11,1~ IVll ua s wlll tv LkciuC WllttlltT or nut tv lllt.
. ,_ '1" "by considerinl-' the ' I ,'. f tll"se two pelspec lves ~ 0 We begll1 our ana ySIS a e. -1 __ .. 'b" _I as "Ule leading crim' S 11 -'1 1-1 \Vhohdsbeenle~ul t'l " d work of E wm U leI aJ t , . _ . , I I' A"1"!"'Ci'ln CrilTll' ," am-I "II Ie- I,l lost pnnllltll:1l 0 L.' inologist of his generatIull , ' _ nologists" (f\1artin el a1. 1990, 13l )).
Ib2
t:sst:/lliI11 CrilllillVlu:sy
LtLlrJIing Crilllilllll Behaviur
Sutherland's Differential Associ adOll " TJleory lidwln l--Jardin SIl!llerlalld (181:>3-,J950 wd 1,:m2sident. He earlled d dUdn;'ate frun/lI ' :J 1l.le SO~l of d B~ptist cullege d "ubI . -, ' IV l111lVerslty of ChICdg ,I u emdJorlilsocwlllgYdndpolitil'i"d co' _ '''' 0, WItl a tu chair the suciology delldrtmellt-ll IeClIJ~~umY1' clI.ld eV~JltualIy Went On , t II· ~, JlL lana Jmverslty H f' sen. ec IlS Lheor)! of differenti·al " " ,'" t., . ' . e. Irst preb .. <SS(),lcl IUllln lIle tl ··d 'd'r f' ouk PllllCljJles of Crinzi/lol ogy (1 SJ39) Ii' " b" "I~l ,e, I lOn 0. hIS text_ develuped tile theory and presented til· f ~ ISll .~:L}u~nt1y revIsed and published in 1947 e liM Velswn lfl the next edition
. Sutherland disc;,lIuted the rnoral h ,,' t ., ," ' tC.'darity" of offenders (Jdcoby 100 4' P7R~slu Og~c,dJ, and ~sych(.)lugicat "int . I 77, L) anJ leJecte-I" t . I" U.g.'lCd lheuries (Iv!cutin et at 1990) IJ . , , ' -l 10 erna PSydLO_ ' . . . , . lIS perspecl:Jve ex),Ja,· d ' / earIHllg m a sochl context 1-1, I· ne cnme by ,~ ulroUg 1 mteraction ar d ' t-1uenced by the sYillbolic int "t.-. '_ . , I cOlllmunIcatioII.(in_ -, " I eraL IUlll~t tradltIOll dis'u d I t ) D' etll:Ja association is short for "d·j·f .. . .c sse a er. Ilfer1 elelltJaI associat' -, '~1 '. antiCf.illlinal behavior )Jdttern ,," (tv! t· .Iun WIul cnrrunal and t I . s ar'm 19QO Fil)· C·~-'- 196'7) j 1'0. cuncept parallels Cabriel 'jdrde's ([198CIJ 'IYO;') . '",bSey ~. ts cenImltated in proportion alld intensit ._, ,.'-. Ideas that behaVIOr is people. y to the SOCldl closeness between <
'.
According to VoId and Bernard (198b) I" .... ' _ . understanding Sutherland" , ~' I J .t !t::'te dIe tvvu baSK elements to ' S SOua earomg theory F· t t1 W I lat IS learned b' jlll/Jortant TI '" . '1 ' . tis., le content of , lIS mc tIdes the sp 'f t I . committing the (Tillie motiv" t· I'·.' eel. le ec lnlques for , e s , ra lUna lzabons aWt d d eva 1uations by others of the IT 'f I , u es, an· especially , . leamng u sig·~nifican -, f J f 1 ments, Second the' fJ('(wess by I· / I . , ' ... . ~ - W llC I earnmg· tal~esee10 eac . .lOt lese elecItldmg the intimdte informal . \. P ace IS Important, in~ glOUps <mel the coIl 't' d· . ,:Olttexl wbere learning· OCcurs I' /1 ' t'c lve an - situatIOnal · . . . \.12· ectHlg aspects of ~ It fl' ( I '.JJ'Y C lscussecl in Clli::l/Jter 8·) S tJ.. '1_ . _ ell ure Con' let the, , u lei and also -aw ,.. .1' . 'med. In other wurds I'eol,l I." .. , b<. . cII.rn.e as pu lhcally de. b 'J' . ,,e w 10 are 111 pUsltIon f I i:1 Iity tu determine which b h ' , . s u power lave the S I e aVlOrs are conslJ . d ',' I ,utlerJdnd ::;aiJ we bave "the diff.. '. . ele·, cr1l1I1na , Thus (lSl49b 513) M'· . elentlallmplementatJon of tile laws" . , . . ute Importantly for Our pr"~ ~ t criminal behavior itself is ledf _j IJ ' e::;en ~ p~rposes, he argued that '. nel lfOugh asslgnln -~ . b 101', experiences and events -Iu' ,_. .' g meanmg to ehavTI . . . '. l nng ll1teractlOn with others le systematic degance of SUlherJan -I'· -J . .," . stated, testable prupositions: l s t ll~Ol Y Ires m nIne clearly J
1. Criminal
IH!!J.1Vi411' is
1':'<11'1
,,_,<J
2, Criminal behaviur is leame l.'I,·, I III . IL.'ral'lltlJl .
Witll
lJ..
.
process lIf conltllIlllkatiOll. . , U IeI' persons 111 a 3. Tl~t' .pr,ineipal pclrt of the ledrning '.Vltl . . ut l'riIlliIl~d behdvio[ UCCllrs 1111 Ultllllale personal groups,
163
4. When criminal behavior is learned, the learning includes (a) techniques of committing the crime ... (b) the specific direction of molives, drives, rationalizations, and attitudes. 5, The specific direction of motives and drives is learned tWill definitions of legal codes as favorable and unfavorable. b. A person becomes delinquent because of an excess of definitions favorable to violation of law over definitions unfavurable to violation of law. 7, Differential associationsmdy vary in frequency, duration, priority, and intensity, 8, The process of learning criminal behavior by aSbociation with criminal and anti-criminal paUerns involves all of the mechanisms that are involved in any other learning. 9, Though criminal behavior is an expression of general needs and values, it is not explained by those general needs and values since noncriminal behavior is an expression of the same needs and values (SuUlerland 1947, 6~8). 'The core of differential association is found in prupusjtion 6, which states that learning an excess of definitions favorable lu committing crime over those thal are unfavorable results in people chuusing the crirninal option, As Marlin and colleagues have noted, "The siluation 11l0St conducive to tile development of criminality is tilat in which there is association witi1 criminal behavior patterns and an absence of association with anti-criminal patterns" (19911, 157-158), Boti1 criminal and anticriminal associations can be affected by 0) priority of learning: how early this is learned in life; (2) frequency: how often one interacts with groups encouraging the behavior in question; (3) duration: the length of exposure to particular behavioral patterns; and (4) intensity: the prestige or status of those manHesting tile observed behavior. If each of these four aspects is favorable toward law violation, then there is a high probability of the person choosing criminal behavior, A final aspect of Sutherland's theory is the shift from the concept of social disorganization to differential social organization, Social disorganization theory (discussed more fully in Chapter 8) says that those who become crirninals are isolated from tile mainstream culture dud are inlmersed in their own impoverished and dilapidated neighborhoods, which have different norms and values. Differential sodal organization suggests that a complex society comprises numeWllS cunflit:l:ing group::;, each with its own different norms and values; associations WiUl some of these can result in learning to favor law violation over law-abiding behavior. A gaud illustration of this is how Sutherland explains crimes by businesspersons, those he termed white-collar criminals:
164
Essel/tilli CriJllillU!ugy
Lenrning Criminal Bellrlvio]'
Respectable ?USineS5 m~n who violate the law are seldum in poverty and seldom maIllEest the sOCIa] and personal pathologi~s. 1']11::' General Motors Corporation d.oes, not violate the law because of an C\:-dipllS complex, the General Electnc Company because it is emotionally unstable/ the Anaconda Copper Company because of bad housing conditions, Armour and Company bec~use of a .b.r~ken home, the Standard Oil Company because of a lack of recreattonal facilltles or any of them because of poverty. ... We should attempt to explain white collar crimes and any other crimes in tenns of processes that are common to both of them. These common factors are to be
~ound i~1y:e "laws of learning" and in the modern social organization, with
Its speCifICIty of cullural relations. (Sutherland 1949b, 514)
.
Suthe~la~d arg~led that illegal practices which incr€dti€ profits are dHWltI~U1 ?llSme~S groups that are in conflict with others in society. T~l~S confhJ~.t IS pa~bcular~y str~ng in relation to specific practices, des~nbed as Ju~t domg b~s.u:ess.. These practices within business groups flls.ed
me accompamed by defmltions favorable to the violation uf certain laws Ulat are restrictive of business. At tile same time, businesses are "isolated from and protected against definitlons which are unfavorable to such crime" (Sutherland 1949a, 2~17). For example, being raised in a home where h~nesty is a virtue does not carryover to tile specific cultures of corporations.
Empirical Support alld Limitatiolls of Differelltial Aosodatioll Theory The biggest problem WiOl the original version of differential association theory was that some of the central concepts were not clearly defined ~nd depended on a simple, passive definition of sodal learning. We saw In ~hapter 5 how cognitive tIleorists show that learning is a creative and actlv~ process. Indeed, by focusing on learning in small groups, Sutherland Ignored. WI.l~t the social learning theorist Albert Bandura (1977) found to be slgmfIcant nlOde~ing of images glorified in the media. Early on, Sheld~n ~lueck (1956) raIsed another concern by asking if all crimin~l ~ehavlOr IS. learned from others or if some people invent tIleir own cnml~a~ behaVIOr. If n~t, how does criminal behavior begin? Differential as.soclatlOn may explall1 why some people in high-crime areas commit CTIme. Indeed, several researdl studies have illustrated this. But it does not. explain how behaviors originate or who started them. Nor does it explam how some individual crimes are committed without associates. It doe!=: not (>)
165
T'VIethodologically, research on differential association has been criticized on several counts. Glueck (1956) questioned the ability to test differential association, although others argue that it is testable (DeFleur and Quinney 1966) and considerable enlpirical research on the theory would seem to support this. A further criticism is that most studies rely on asking subjects about their relationships with significant others. This method does not determine causality, and thus researchers are unsure if differential associations cause deviant behavior or result from deviant behavior. In addition, most of the studies rely on cross-sectional rather than longitudinal samples, which makes it impossible to know whether learning came before criminill behavior or during it. Research on differential association has generally not been able to empirically validate the claims made, although it has received some sUFP.ort. Short (1960) was able to identify a connection between membershIp In a delinquent group and criminal acts. Orcutt (1987) linked marijuana use to peer influence, but Johnson, Marco, and Bahr (1987) found little support for differential association, in that adolescent drug use 15 mfluenced by drug use itself rather than attitudes and definitions of close peers, and hardly at all by pments. Indeed, the general conclusion of this research is that peer influence in general increases with age during adolescence and especially in relal10n to drug use and delinquent behavior (Gorman and White 1995). Baier and Wright (2001) conducted a meta-analysis that examined the effects of religion on criminal behavior. Based on concepts from differential association, religion should provide an excess of definitions unfavorable to crime through "social selection and socialization" (Wright et al. 1999). Their reanalysis of 60 prior studies found that religious practices and belief do show a significant, moderate inhibiting effect on crime commission. However, in another study Costello and Vowell (1999) slated that "a major reconceptualization of differential association theory would be necessary" (1999, 829) for doubts to be removed about its effici'lcy.
Modijiji1lg Differential Associatio1l: Diffcrl'1ltial RI'inforcement Theory and Differential Ide1ltificatio1l Theory In an attempt to overcome some of the early limitations of Sutherland's orjgin~llheory,C.
Ray
eIo (DOO; fi.l\eD [l:J77j
Jeff~ry (1965) and Robert Burges5 and Ronald AkDW, D70) ltrvclopcl! VCfOIUIIO of 1l1[[LfL:IIlw! n:JW
forc~ment theory of crime based on a combination of Skinner's ideas of operant conditioning and Sutherland's ideas of differential association. Jeffery's version of differential reinforcement argues that individuals have differences in their reinforcement hislory with respect to being re-
766
Esspntial Crimillolo.";l!
wl'lrded and punished; for some being rewClrded for minor rule breaking can leCld to more serious law violation. He also points out that for others, being punished fnay be interpreted as "atletltion receiving," and that rather than redl1cing the tendency to crime, punishment can actually increase it. Moreovel~ Jeffery (1965) claims that once a criminal behavior is learned it can become self-reinforcing. Rather than seeing a simple mechanical relationship between stimulus and response, Burgess and Akers (1966; Akers 11977] 1985), like Bandura see a more complex relnt:ionship th?lt depends on the feedback a perso~ receives from the environment. Akers explains ho . .v people learn criminal behavior through operant conditioning and argues that people evaluate their own behavior through interaction with significant other people ilnd groups. Burgess and Akers (1966) present a revised version of the proposilioJ\ill statement of Sutherland: 1. Criminal behavior is learned Clccording to the principles of opemnt conditioning. 2. Criminal behavior is learned both in nonsocial situations thClt are reinforcing Or discriminative and through social interaction in which the behavior of other persons is reinforcing Or discriminative Ior criminal behavior. 3. The principal part of the learning of criminal behavior occurs in groups that ll\ake up the individ113l's T1111jor source of reinforcement. 4. The leCllTling of criminal behnvior (including specific techniques, attiludes, and avoidance procedures) is a funclion of the effective and available reinforcers <'I1H1 !:lIe existing reinforcement contingencies. 5. The specific class of behaviors lhat are learned and their frequency of occurrence Me a function of the reinforcers that are effective and available and the rules or norms by which these reinforcers me applied. . 6. Criminal behClvior is a function of norms that are discriminative for criminal behavior, the learning of which takes place when such behavior is more highly reinforced than noncriminal behavior. 7. The strength of criminal behavior is a direct function of the amount, frequency, and probability of its reinforcement. These interactions rely on norms, altitucips, Clnd orientations. Burgess Clnd Akers were particularly interested in the role of punishment and who provides it. They saw punishment as "positive" when it follows Cl behavior causing it to decreClse and as "negative" when it takes the form of a reduction or loss of reward or privilege. Burgess and Akers
Leaf/ting Criminal Behaviol"
167
., l led that differential reinforcement occurs when the rewards are given . to two behaviors, but one is more highly rewarded tl:an t·1le a tller. Tl11$ differential rewarding is particularly influential when It comes from otherS . . " ho are significantly identified with, sudl ~s paren~s, teadlers, peers, and so on. Furthermore, in his version of socral learnmg theory, Akers, like Bandura, acknowledges that modeling can arise base~ ~n th~. rewards one sees others getting. Daniel Glaser (1956) calle~ ~11S IdentifIcationwith others, particularly the generalized charactenstIcs of favored social groups or reference groups, differential. identi~icati~n Uleory. Empirical research has extensively tested dIfferentIal remforcement theory. Several large-scale studies (Akers et al. 1979; Krolul et Cll. 1985).1:~ve found it to be supported. Sellers and colleagues (2000), however, cnticIZe narrative studies, stating Ulat "Ule Uleory appears to have attracted a great deal of consensus on its predictive accuracy. This conclusion, however, has been based primarily on narrative reviews of numerous: widely dis?ar~te empirical tests of the theory," which can be c~mpromlse~.by subjectIve factors. Nevert1leless, their own meta-analysIs summanzmg 140 other studies confinued this support (Sellers et a1. 2000). In spite of empirical efficacy, this theory does n~t explain how people rewarded for conventional behavior (e.g., econOlnlCally affluent youths) still commit crimes. Akers, like Sutherland, does not explain where the values transmitted through differential reinforcement come from in the first place, although he does point out that the social env.ironlll~nt one is exposed to contains different content, some more condUCIve to illegal behavior than others. In a more recent work he develops the macrolevel social structural side of this argument, proposing that environments itnpact tl,e individual tl1rough learning (Akers 1998, 302). The greatest merit of social learning tlleory is that it draws together Ule psychological process components examined in the previous chapter of le~n~~g by role modeling and reinforcement of Ulat learning, but "most slgmf~cant, Akers co~ tended that definitions and imitation are most 1l1strulllental In determining initial forays into crime" and that "continued involvement in crime, therefore, depends on exposure to social reinforcements that reward this activity. The stronger and more persistent the reinforcements ... the greater the likelihood that the criminal behavior will persist" (Lilly, Cullen, and Ball 2002, 46), and the InDre cond~cive the social environment to providing this reinforcement, the more lIkely are such struclures to contribute to 5uch criminogenesi5 U\kers 1998). As Sampson iHl:r
(1999,435) states 1ll an evaluatlOl1 at AkefS latest magnum opus, rJelf apparent to Sutherland's differential association theory, Ron Akers long ago made his mark in criminology.... There is also little doubt ~lat soci~l _ is one of the titans battling it out for supremacy In the ehlearninGo theory ology of delinquency wars."
l68
1,('lIming ('I'illliwil Rduwior
ES;jC/llial ('rii/li/lUll!.":I!
PO!iI'y l/lrplicatiu/ls l~f Social LearninS 'J '/II'ory The ~,ulicy im,l'lic~tions associated \-villl diHt'I"l:'lllidl dssucidlillil tllt'orv dl't' rel_alJV~Jy ~.tr~l.ghtt(~r\vard.If sOl'iaJizdticlll in Silldll grnllps pnwidt'S a;ll'.\c.e:is ~)t defJllltlOIls tavorable to JdW violation, thl." irnplicdl ion lor preveJltl0~ IS to keep y~lUng, ~uggeslible people a\vay fruill sitch grllups dlld tram t~lem t~ resist theIr messages. For thost:' already inlluenced, lreatlll~n~. lllV,ol~r1i1g. l.·esucializ~tion is cunsistent with the theory's general pnnuples. SpeclfJc preventIOn programs that follow from this theor\-, inc~u~le p~.er-Ied .i~terventions" resistdllce skills training, and persona( and ::;_?C1al skIlls traHlIl.lg. In a reVle\V 01 research on such progranls, hOH/ever, l~(.)J'~lan a~~d Willte (1995, 149) noted that these "were shown to be uf minImal eUectiveness and conceptually limited in that the Vfail to address the compl~':\ily of the relationship bdween gr(lup associcltiuns and delinquency.." ~;u.nna~-.a~ld White argued that becdll~e lhe relationship is recil~ro_call.t. IS ms~ttlCleIlt to intervt.'ne at the adolescent peer group level SInce dOJ.ng so Ignores tilt' parelll--child interdclion in earlier vears that leads to lllv.alvement with antisucial peers ill the Iirst place. -l'he\-, suo-gested that family-based and comnlUllity programs seem to be mOl:e co~ ceptl.lally cons~stent _with differentidl ass~lCial:ion tht'ury than the school-based skIlls prugrams, but the dfectiveness of t-iud I prugrams has not yet been adequJtely demonstrated.
~~s~.ov.erlooke~ in th~ ~~1icy c:rena
is the rule of the law and public mfluencmg defIl1ltlOns lavorable or unfavorable to lal,-v violatlOr:. For example, clearer and simplified laws provided lJv the dominant lllam~~ream culture are indicd~ed. A related policy vvoulci be to publicly procl~lm the law <~lld reasons Jar following it; the media mav provide an effectIve format tor l~eJiv~ring this Hlessdge. RecogniZing the role of words and messages In aftecting delinquency motivatioll is an area expanded and developed first by Sutherland's student and cui league Donald Cressey (11)53) and then by Gresham Sykes and David Matza (19.57) in what became known as neutralization theory.
~ohC)-
In
Neutralization Theory: Learning Rationalizations as Motives Une v~ry important element o[ the behtlviur leMned in lillillldip sodJI ,"roup" dnd con5illered by :illtilerlilild was tile rationalizations Ihal ilec~mpany bel~avior. These raliunalizations ilre reldkd to Sutherland's ([1939) 1947) Idea about how law viulations c'dH be defined dS favorable or unJavorable, and they were t'spet:ialJy impurtant to D'-Jf\llld Cresse\-,. [n a study o[ tlie "respectable" crime of embezzlement , Cre-se')' (1'1"; :;'c • _:), ~
1(70) found Ihat three key elements were necessllry for a violation 01 fill,lllt'ial tru~t to occur: ('J) ,1 llotlsharahle finallcicl! problem (meaning (i problem the offenders feel elllbarrasse~-l to t~I.1 others aboul,. such as gan1bling debts); (2) lhe perception uf theIr leglt1l1late occupatIon as a solulinn to tile problem, typically through using funds lo which they havp ,leeeS5; and (3) verbalizations, In' words and phrases that make thl' 1.1('I1(\vio1' acceptable (such as "borrowing" the money nnd intending to pay it back). It is this third element and the possibility that such words and phrases mllY be found in the COllllllon culture that 111akes the crime possible. As Cressey (1970, 111) s
Drifting III alld Ollt of Delill'lucncy: Matza alld Sykes's Neutralizatioll Theory In 1957, while at Princeton University, GreshllIll Sykes teamed up with his fonner student David tvlatza to develop a new theory of delinquency that extended Sutherland's learning theory (Sykes and Matza 1957). The nnalysis originated in Sykes's studies of prison inmates and guards learning to rationalize rule breaking (Marlin et aL 19 CJ O). Matza (1964) argued that existing theorit's, whether biological, psychological, or sociological, \-vere too c1e"terministic. These theories presf'llted the adolescent as either committed to convelltion or comulltted lo delinquency. Ivlalza felt that
tllis was all uverstctteIllem l!1C1t len l'lll
lilt Clil"lUbt eleweILL 01 lllC ellole,-
tiJ commil crime. He argued that existing theories predict too much crime. Most juvenile delinquents do 110t continue their criminal bellnvior into adulthood. If a biological or psychological factor "caused" crime, why would its influence dirllinish after adolescence? If delinquent
Esse/ltia] erinzinology
LPI7r11il1g Cril/lhml f3ehn7lifl(
subcultures were so compelling at socializing youths to define crime as acceptable, then what accounts for their maturational reform-the ten~ency f~r juven~Je delinqu,ex:ts to relinquish their delinquency as they age mio theu" twenhes and thIrties? rvratza songht to combine these observa_ tions to explain most delinquency (which he called mundane delinquency), arguing,
example of sensation seeking: "Kicks, hig timE' spending and rep have immediate counterparts in lhe value sysLem or the law abiding" (Matza and Sykes 1961- 717). A good illllstrCltion of sll!llerranean vaJues can be fOl1nd i~ the school setting. When a teacher presenls social studies materials she Dr he teaches the knowledge content of Lhe subject; \-\'llen the leacher employs favoritism, Llsing gender or racial bias, or emphClsizes grades ilS more important than understanding, she or he simullaneously sends a differpiltmessage. Students learn how society works. They learn th"t there are public statements and private practices; Ihey Jearn Lhat I,eneatli the rhelnric, whCit matters is getting ahead by whatever means, including cheating if necessflry. This is useful, albeit inform
170
the image of the delinquent I wish to convey is one of drift; an actor neither compelled nor committed to deeds nor freely choosing them; neither different in any simple or fundamental sense from the Jaw abiding, nor the same; conforming to certain traditions in Americrln life while partially unreceptive to other more conventional traditions; and finally, an actor whose motivational system mny be explored along lines expliciUy commended by classical criminology-his peculiar fela non to legCll institutions. (1964, 28)
Matza sought to combine these many orientations, in part, by making a case f~r s~f~ determinis~. According to 1Ylatza, positivistic criminology (the SCIentIfIc study of cnme that had prevailed since the late nineteenth century, as discussed in Chapter 4) "fashioned an image of man to suit a study of criminal behavior based on scientific determinism. It rejected the view that man exercised freedom, was possessed of reason, and was thus capable of choice" (1964,5). Conversely, soft determinism argues "that human actions are not deprived of freedom because they are causally determined" (Matza 1964, 9). The amount of freedom each person has varies. Some are more free than others and have a greater range of choices available. :rvIoreover, this freedom varies according to circumstances, situations, and context. Most important to understanding Matza and Sykes's argument is the concept of "subculture of delinquency/' which they prefer to the idea of "delinquent subculture." As traditionally conceived, delinquent subcultures are considered separate and oppositional; their norms and values are different from those in the mainstream culture. The gang is the best example. For lvlatza and Sykes (1961), hovvever, this was a false distinction. Most delinquents, they argue, are not full-fledged gang members but "mundane delinquents/' who express remorse over their actions. IVlany admire law-abiding citizens. Furthermore, most differentiate between ,;vhom they will victimize and whom they will not. Finally, delinquent~ .are not exclusively criminal; they also engage in many noncnmmal acts. These factors suggest that delinquents are aware of the difference bClI1.'v·een ril3ht and ,Yrang linel are SUbject to the influence of both conventional and delinquent vCllues. Rather than delinquency and mainstream culture being separate, argue rvlatza and Sykes, mainstream culture has an underbelly of "subterranean values." These exist side-by-side with conventional values. Consider the
] 71
) 7/
,-
173
utilize my local booki!." to placE' bets? vVhy is that any different from HlP state-rUIl lnttery? J C;lll il{f(lTcl it ilnd do so to relax."
Such legi:ll contradictiuns ilnd the implicit claims [or exemption that follow from them alkn,\' the 11ossibilil'y for choice nncl freedom because they render juveniles and otllers illlenllitlently free If) choose to I'nmmil delinquent acts. Whether youths breilk [Ill" I,TW depends not so much on their being in a delinquent SUbCHHlll\:' hut, first, un \vhelher they are freed into a state of drift and released from the larger culture's moral binel, and, second, on whether they then l"xero.::ise free choicE': "Drift stands midway between freedom and control. lis basis is an area in the social structure in which control has been loosened .... The delinquent transiently exists in a limbo between COl1Vt'ntioll and crime, responding in turn to the demands of ei1ch, flirting n(Hv\,vith onE', now with the other, but poslponing commitment, evading decision. Thus he lor s}1('1 drifts between criminal and conventional action" (Matzil 1964,28). This "loosening" of conlrol, or release from moral convention into a state of drift, may initially bp accidelilal, and it OCC11f8 through neutralization. For rvlatz3, neulTnlizaliOll t'omprises words Clnd phrases that excuse or justify lawbreakillg behavior. such iJS claiming an action was "seH-defense." Unlike rationalizations, which corne aft-er an act to avoid culpability and consequences, and \'Nbalizations that come after contemplating an act to aJIow oneself to cOHllnit it, neutralizations come before an act is even conlemplated. ThllS for rvIatza they are "unwitting," something that occurs to an actor that results from the unintended duplication, distortion, and extension nf cuStOl1lilfy belids relating 10 when and under what circumstances exceptions are aHnwed: "NeutriJlizlltioIl of legal precepts depends partly on equivocatinll----the 11lI\vitling use of concepts in markedly different \Vnys" (Malzil ]9h4, 74; 'J~lylor 1972). Neutralization frees the delinquent from the Jlloral bind of lavv so that he or she ml'ly now choose to commillhe crime. Crucially, whether or not a crime occurs no longer requires some special motivation. Sykes and Matza (1957) classified excuses and justifications that provide a moral release inl-n five types, which they called "techniques of Tlf.'utralization" :
1. Denial of responsibility (e.g., "It's not Illy faillt. I was dnmk at the hille."). Offenders may Iisl IT'ilSOnS such as alcohol, peer pressure, beld neighborhood, and so on I.hClt Gluspd them to commit the
Denial 01 victim (e.g., "They had il CllUlillg to tilelll."). SOllie of3. fender::; Illdy cldilll that although ;"UlIleUIH:' gut IlIIrt, 1le or ::; I \12 (eI served it. for eXcllllple, corporations IlIa)' Iredt their l:!rnployees badly, paying them too liale or ins.til:uting a str!,ngent dre~~ cude. Employees may pilter goods uut 01 reSenlll1elll, to get back a.t tl~e company," saying Ihey are the real victims 01 the .corporatlO~l s abuse. \Vomen vvho harm physically or psychologlca~ly abUSIve spouses may claim Ulat the "victim" w~s .actually an ~ftende~' who had therefore forfeited his rights to vlclllllhulHl, and was fmally
gettingwhathed~st'rved.
_ ,_.~. _. __ " Clouked. ). Offenders may reject the pto'ople whu have authorit~ over them, sllch as judges, parents, and police Offi('t~I:S, who are _vIeWet: ~s being just "35 corrupt and thus 110t ~vorthy 01. respecl: "~ven lllllllsters steal from the collection box." The nngolllg revelatIOns of sexual abuse of dlildren by Catholic priests and Ihe covef-~p by t1:e Catholic Church pruvided considerable fuel luI' the demal of their moral authority to judge olhers. 5. Appeal to higher loyalties (e.g., "I dillJl'l do it ~:Uf myself."). Many offenders argue that their loyallie:; lie \vilh theIr peers (homeboys, fellow gang members, fellow employees, etc.) and that, the group has needs that take precedence over sucietal demands. Female embezzlers claim to have stolen for their families and mothers have committed arson to provide -work for their unemployed fire.fighter sons. Drug users' higher loyally may be to the cumplete lulfIllment of the human spirit.
4. Condemnation 01 the condemners (t'.g.,
,,~,
I~verybudy::;
Since Ivlalza and Sykes's original stud ii'S Ull delinquency, ret:il:~.archers have applied neutralization theory tn adldl crimE', especi.ally to otfenders who maintain a duallifestvle and are boll I parluf the mall1slream and yet also engage in crime, as in employee theft (Ditton 1977; Hollinger and Clark 1983; I--Iollinger 1991) and buying and selling stolen goods (Klockars 1974; Henry 1978). As a consequence, alleast fuur addilional typ~s of neutralization [lave been discovered (Hellry ]')90; Pfuhl and Henry 1993): 1. Mdaphvr of the ledger (e.g., 'Tvto' done murE' guod than bad in my life."), This \vas llsed by Klockars (1974) to show how. th~_ professional fence believed himself to be, on tilt:, balance of hIS Itfe, J11C?re
;noral Ulan immoral ("I.uuk al aU llie lilulley J've given lo c11dnly and how I've helped children. If yOll add il all up, I've gut to come out 011 the good side."). 2. Cldim of 1I0rmaiity (e.:-.:,., "Everyulle b duing iL"). This suggests that tlle law is not rdl~Ltillg lhe POPllldf -will alld since everyone
171
ES~t!llliIlI CrililillOltl8Y
Leanrill~ Crilllillal 13cJlIlvior
engage::> ill, bay, lax evasion, pilferin from the uJfic-' _. . sex, and &0 on, Illell such acts a . gt I] I e, extramantal , I e no rea y L eviant a ld U f nol wrong. I lefe Ore J
3. Denial uf negative intent (e 'cru "It was ,-'Jlbl a Joke . ") I-lenry (19·~· (.J [-] enry dnd Eatun 1999) found tl '" - .' . . ; jutitify their W;;t:~ of e.\'nlnsives ,11~ was used by L'olJege students to rPil Lampus, amonrr other th' - ("'" were uflly lldving SOUle fun w '1'1- " ..0.' mgs vve . . J. Ie Tlt'utrahzallon IS parli I d' . I acceplmg responSibility for the "tl j . d enId, _ , de Hit l enVl1lU the nepali ", quences were intended. - 0 0 ve conse-4 Clainl of re!aLive dcceptabilit (" "., me."). Unlike condemninv th~ c~;~j' Ihere r~ others worse than l '0 ellUlers 'us appeals to the · d- lenc~o compare the off '-I ,,_ ". . , ' aucan go so far as claililing t~l~:Ill~U~~\m;t~ more serious ones and claimed that the beating of the Af ., . ~If::'x~lIlple, LAPD officers L
dU"
~:~lb~i~g stupped on a lraffic ViuI~~i::I", I~~;~~~l;,~~~~~r,~l~~tf\.1
e
y nervous felluw officers (PfuhI i:lnd Henry 1993, 70).
ng
The illlportcllll poillt dbollt these l- -,1": . tilliing. All could b~ used (1' 1-' 'I . ec 11l1LIU~s of neutralization is their , eL llllques or deVices (1) "t,· ·11 I seek to reduce bl <JlIle or L'L1Ipd I)l'I't ' tlP.t:I an I ega act to , I y; or t'"-') b'r,· -~ ., " conlt'rnplaling il in order tn se "L -'11'-'- .t:jOle cornrlllUmg the act while e1>. 5e -CllnsclOUS appr) I tl t·t· a bl e to go ahead. BIlL fur Ivlalz _, d .. , . . -. (va, la 1 IS acceptcritical point is Ulal they caii a~s:,I~c~)L~II~ers (raY!0l:J972;He~ry 1976), lhe leasing the aLlor h I he morally free to ch ;3) beJoH! umtemplatmg the act, recontext, situation dnd circum t ' " lose. the act. In the latter case, the d· , 5 allces prOVIde '1 neut· r· l]'lat removes the mom I inltibitio I'" < Ii] IZlng ISCourse n, re easl11g a persun to ' 't . LiC ts, as they would any olher a t I 1.1' COmInI crmlillal c ,s lOU l they chuose tu do so. Linlitaliull~ !lilt-! Policy implicatioll:;
"..
..
.
tJr N" I ./....". ". . 'J t:I/ III LlltlOJI ExplaHiltWHs
Ih.e CnllCi-Jllsslie \vlien evallldtin) nelltrali- .. . . ufJenders dre conllllilled t', ,g '" zatlOntheory IS whether ur nol place. If Ihey afe nul COlllI~li~~~~ivel~~~~·~II~:lli_val.l.les. and norms in the first fllade by control theury, whicll w~ disl'lls' .zdt10n 15. unnecessary, a point accepted that 1I0l dll delinquents wer" _, S In~le next chapler. Even Matza sillee a minority were COIll I" . e L~mnlltled to Call. ventionaJ values, . plI ::lIVe 111 tIleu' bel" ,.rentlOnai values dud eI,·t·le' d I IdvlOr, commItted to uncon" ' Ie rom thel " t - - , (Ic:I1~1l: 'i\1altt!I.~landYol1ng1973, 180 __181j.laJun y of mundane dnfters" ud) tIllpllH.':L11 n~::ieiucr-t fuund IHUe . , . , quenl' ,hare mainstream value. (B-II bupporl tor the Idea that delinHindelanP (I'J7t1 I974J fLI j II '_Ial' dnd Lllly 1~7l). Indeed, Michael _ v ' ' U III ,1a tee 1l1L1uel t', . '" "., . vailles frUlJI those held by . -I I. , I S are CUllUJl1tted to dIfferent . _ llonl e IllqLH~nts YvI f" - . ' . . Lhe studIes, Agnew (l9Y4) f d. . . ' 0 eoveI, 111 an uv~rVlew of , oun must re::;earch showing that delinquents 4
•
II·
175
are more likely to accept techniques of neutralization thd1l
Policy Implications of Neutralizatioll Theory Although neutralization li1eory explains certain kinds of criminal behavior, it also presents difficult policy questions. It suggests U1at contradictions
Essential Crilllhwl0:5Y
Learning Crinril1nl Bellavior
in the dominant culture, injustice, and double standards need to be elimi_
frOIll theories offerjng a passive model of humi'm nature to one in which people learn criminal behavior from others. We explored tlle various elements in the leaming process and in particular, looked at the importance of learning words and phrases that form excuses and justifications Ulaf can serve to neutralize the moral inhibition to crime, releasing people into a state of drift in which crime becomes siulply a behavior to choose, like any other. These theories, in spite of their relatively different empirical validity, offer some insight and have implications for parenling children and minimizing the impacl of negative social practices on their development.
-176
na~ed to lessen the possibility of pe.ople being ~ble to neutralize. Cressey
([1965] 1987) was one of the lew wnters to speCliy the policy illlplications of tlus theory at least at the level of instiLutional contrul. IIe suggested that to reduce the probability of verbalizations allowing embezzlement e~llployers should adopt educational programs that allow employees t~ dISCUSS em~rgll:g financial problems from losses and that phrases used to excuse and Justify SUdl behavior should be repeatedly cOlTected to reveal their ha~m and crime. Some retail stores have begun to implement this suggestIOn through weekly meetings with sales staff, pointing out to them .tlle. precise loss~s from internal theft and how tlle cOlnpany suffers. The aun IS to undermme any neutralizing use of "denial of injury" by employees tempted to steal from the store. Others have shown that it is not just the words and phrases that need constant monitoring and replacing but the conditions that give rise to them. Take, ~or example, the ~inding that employee resentment is highly :orrelated WIth employee theJt and that high levels of job satisfaction are Inversely correlated with employee tlleft (Hollinger and Clark 1983). Research by Greenberg (1990) has shown that although rates of employee theft typIcally rIse If wages are cut, this can be avoided if employers use \-vords and. p~rases to explain why tlle cuts are necessary and if they involve a~~ mtorul the employees about what is happening. This way, the ~eutrahzmg effect of "denial of victim" is preempted and tllat justificatIon for employ~e theft is undermined. Of course, whether such a policy would be effectIve depends on whether the theory is correc!:. Indeed, Maruna (200~) states, :'Nowhere ~s the influence of this theory more apparent than 111 correctIOnal practIce, where the notion that habitual excuse-rnal~ing pro~lotes criminal behavior is largely taken for granted. !nte.rventlOns as dIverse as cognitive-behavioural therapy and restorative J~sl1ce conferencin~ are all premised explicitly on overcoming rationalisatIons and encouragmg offenders to take responsibility for their behaviour. Yet, does the researdl on neutralization tlleory over the last 50 years justify the faith in this theory?" It was against neutralization theory that Travis Hirschi (1969) developed his oppositional ideas about bantling and social control, one of the m.ost freq~ently discussed and tested criminological theories (Stitt and Gwcopassl 1992). We turn to an examination of this and control theories generally in the next chapter.
177
Summary Chart: Social Process Theories 1. Differential Association/Social Learning Theory Basic Idea: People learn to commit crime as a result of exposure to criminal behavior, ideas, and rationalizations that are favorable to violating the law. Human Nature: Humans are social blanks until socialized into healthy social roles by families: education, and society. No difference between offenders and nonoffenders. All seen as rule following; which rules they follow depends on which groups socialize them. Society and the Social Order: Society is seen as a conflict of values. Law consists of behavioral prohibitions. Criminals are those who learn that under certain circumstances law violation is acceptable. Causality: Sutherland's version: Individuals participate in both conventional and criminal groups and use the same process to learn behavior in both. In these groups or learning situations, they learn patterns of conventional and criminal behavior and the rationalizations that accompany them as well as the skills to carry them out. Learning an excess of definitions favorable to committing crime over those llilfavorable results in people being free to choose crime. Akers version of social learning considers the importance of psychological learning by modeling and operant conditioning in a facilitative social environment. Criminal Justice Policy: Keep children away from bad influences; publicly and frequently proclaim the law and reasons for follOWing it; challenge all excuses and justifications; rehabilitate through reeducation and resocialization of offenders; segregate offenders. Criminal Justice Practice: Preference for restitution and reparation and social rehabilitation; group therapy and counseling for children of immigrants to provide them with coping skills needed to survive clash of cultures; clearer and simplified laws provided by dominant culture; greater flexibility of law when dealing with other or lower-class cultural contexts; parental skills training; decreased policing of streets; a tariff system th8t C8n bp nl;!gotiatQd down in f,!\'-
Change for guilty pleas.
Summary and Concl usion In tJl1S chapter, we have focused on theories that examine tile interactive social processes involved in learning and becoming criminal. We moved
Evaluation: Explains why some people in high-crime areas commit crime but does not explain how behaviors originate or who started them; does not explain individual crimes committed withollt associates in group; does not explain what counts as an excess of definitions; does not explain irrational acts of violence or rlf'stmction; does not explain why thosE' rewnrded for conventional
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F.,SsP1Jfin! Criminology
behaviOl~ .such as middle-class youths, commil crimes; does not explain why SOIne dplll~:l:ent youths do not l:ecome adult criminals, despite being re\~arde~l {ll! Lr.lJne. A~sumes a passIve and unintentional actor who lacks indivIcluahty ur clIffeH'llhal receptivity to crilllinCll learning pntterns.
7
2. Drift alld NClilmlizatioli Theon! Basic Idea: Crime ~'an become a behavioral option for people when their commit. ~ent to cnnventlOnal values and norms is neutralized by excuses and justifica. bons that render them morally free. Human Nature: Humans are rational actors who choose behavior out of free will in a context ~f l~ore or less commitment to convention and are capable of much m:mll am~11gUitY. Rules .and ncc~ptable behavior are open to interpretation. La~v. Conta:ns both the nnperatwes for action and the principal exceptions. se.eds of Its O\-~Il neutralization"; law is thlL~ ambiguous. Cnmma,ls: No~~ll.fferent from nnncriminals; Clll are subject to neutralization by ~ontext.an.d t:1fLUmstance an,d on those ocmsions all excuse or justify lawbreakmg. Cnmmals may have hIghly devel~red abilities for neutralizing or may have learned words and phrases by whICh they can convince themselves that whatever they want to do is justified. Causal Logic: Youths (and others) learn ways to neutr<Jlize moral constraints in the compilny, of others, ~ut these are not phrases absent from the wider society or :vorcls lllllgue to delmguent subcultures; rather they form a subculture of clehn~lIen:y throllg,hout the whole SOciety. Invocation of words and phrases ~an occ~lr In ma~y cIrcumsta~ce~, Timing is critical. Simply excusing or justify~ mg afte: the act 1.S not neutrahzahon but merely rationalization; doing so before the act .IS .co~l~:tted (as i~ Cressey's verbnlization) is motiv
Failed Socialization Control Theory, Social Bonds, and Labeling
"All abandolled child manifests evil instillcts in his eally childhood." -Jean-Paul Sartre Jack Henry Abbott, convicted murderer and author of the book III the Belly of tile Beast (1981), spent most of his childhood in foster homes. At the age of twelve he was committed to a juvenile penal institution in Utah for failure to adjust to foster homes." Released after five years, he was again incarcerated, this time in the Utah state penitentiary for issuing a check against insufficient funds. By age twenty-nine, he had killed one inmate, injured another, escaped, and committed a bank robbery. After spending twenty-one of his thirty-seven years in prison, he was released on parole in 1981, only to murder an actor in a barroOIll argument. Abbott's history, taken from his own account, serves to illustrate the escalating and combined consequences of inadequate socialization, the failure to bond with convention and institutional labeling: II
He who is state raised-reared by the state from an early age after he is taken from what the state calls a "broken home"-learns over and over and all the days of hisbfe that people in society can do anything to him and not be punished by the law.... After a certain age you are regarded as a man by society.. , . Gradually your judgement is tempered. Your experience mellows your emotions because you are free to move about anywhere, work and play <:It <:Inything.... You are taught by the very terms of your social existence, by
the object5 that comE uml go from your intEntiun,), the nature of your own emotions-and you learn about yourself, your tastes, your strengths and weaknesses. You, in other words, mature emotionally. A prisoner who is not state-raised tolerates the [prison] regime because of his social situation prior to incarceration. He knows things are different outside prison. But the state-
179
is/J
I 'oiled SOi'il1/izntio!'1
rdbed cUllvid hab no CUJll:e[J!iOll of dll\' diffel·"ll'-'" lIe [ Ic.[ . [ . '. . . '-- ,,-- r '" '..,> t_~_\I"'lll~JlL'e dilL .. , malunty. H1S JudgemL'lll IS untemj-lc'red, rdbh; hi~, l'llll)j i'lfb ,Ill' illlpU blVL:', raw, IIllrlle!lowecL .. , Al Clge thirty seven I dill barel)' iI prI2Cu"i'Hb child.... Can yuu imagine hUI'\' I feel--ll.! be lredted as d little buy and Ill)l as a III an? And 'Ivhen J \-Vas i.l little boy, I was treated as a JIldn-a;ld Ci111 yuu imagine what tJ1a~ dues to a boy? .. 'J'he statt'-raised cUllvid's l:!II1CepLiun uf n~an :100d ... 1:; a ~anatically defiant and alienated individual whl.l cannot imag-me what forglVeness is, or mercy or tolerance, becilube he has n'l e'\IX,riell~e of such values. (Abbott 1981, 11--14)
.In February 2002 Jack Henry Abbolt, 5,1..). was tuund JhJl1gl'd in his cdl WIth a bedsheet and rl shoelace; accompallying him ilVi.1S d Silicide note. A.s s~1m:'n by AI~botl's Gls~,cri111illologbl Travis Hir:-,chi (1969) rejects the lded ~lsCU5sed HI the prevJ(J{Js chapter, that everyollt' is soci(]lized into c?nfOrmlty from \,vhich some drc \)('casiol1ally released from the moral ~11~~ of lav~, to of!end. In cOl,ltrast, I firschi, in 'his theory uf b(}nding and bOLla.! contlOJ, beheved that some 11L'ople are not socialized adequately in Ihe hrst place. He argued tl1at Jaw aoiLlers and la"vbreakers are -the s.ame~al1 are p~tc~ltial offenders. What distinguishes us is how effectIvely we.ar~ s~clalIzed not t() break the liJw.I-1irschi claimed that inadequate socla.hzation processes ill children and youths alluw, or even foster, the. formatIon of unconventional attitudes that can result in crime and delmql.lency. When socialization works adequatdy, a tie nr bond is created v~l~h conventior:al society. thai p~events lal-\' violation by insulating people from temptatIOn. Learmng selt-control is a crucial element in the l~rocess of resisting the impulse tu hlw violatiUlI. What affects socializatIOn mo~t are the social bunds of attachment, couunitment, involvement and belIef formed beh:,een children and conventional others, such as le~chers and parenb. It the::;e bonds are weak ur do not forni, children wllliack self-control and will be free 10 violate the law. The .astute reader \-vill note thal U1is bonding/social control vit'W of crime cau~alI~n can be related to Su.tl:erIand's diffen,-'nlial associatiun theory. Indeed, some researchers emprrlcally compare and test the t\VO theories (:~s~ellu and yowell 1991J). Where.Slllllerland fucused un learning criminal dcbv1.ty, bondmg alld control t1leonet> examine the CUlll11'ciiOl1."-.
1~'_tI ':'~.~,OCL':>,\"VH ulld dHow Ll5 to COHSlcler tIle "miSSing" half of SUY1~r1anci ::; theory; exposure to cunventional, legal norms and behavior. _ ChIS ~ha~ler a.lso deals with the effect that slJci~ty's agents ()f social con~ tlOI, sud1 a::; l~olrce,.schoolteacher::;, social workers, and probiltilln officer::" have on creatmg Cflll1e and crilllillal~. Author IVlark Lanier fir:-.t met Nick tlIL'\!l)'
18:1
dtl ring his sophomore year in college. Ffe stood out in a class of over 100
·1 t(;. his happv, _ friendl\-,' _ disf'osiholl. He came from a prominent, welleducated family in South Florida. TllOllgh bright, studying \-vas nol Nick's forte. This nint'teen-year~old was (Ill tllt:' five-yei'lf plan tmvard his criminal justice major ,md a carper in law t'l III In'elllent nnd never skipped. class. ~h{' previous year, Nid'~,hec(ll11E' inVf11:'l-,d. ill a minor klHoolllaltercab.on, WI.lld,l he did not start, vI/1th another drJlIklllg P<1trtlll all olf-duty pohce OffICel. Nick vvas illTested for "assaulling a IX' !ice officer." TIll' officer walked away iill1gltillg with his friends. Nick pled guilty rather than nutify his parents and ,lccepted the small fine and probation. The unanticipatecllong~temleffeelS have been serious, however. Nick \VilS arrested three more times before he graduated from college. I\ilost recently, he was fit n rugby team "keg" prlrty where underage females were present. Eit.hef a nei?,hbor. called the police or they decided to drop in on tile party (lUring a routme dnve-by. Tilt:, police proceeded to check everyone's idenhficalion. Of the forty ~eople pr~~ sent, only Nick was arrested, df'spite the fact Ulat he was complIant and rt was not his house, keg, or female friends. He is convinced Ulat when his arrest record was puUe:i by the officers On the scene and "assaulting a police officer" appeared, he was singled nut for "special trealmenL" Needless to say, Nick's's dreams of working in law enforcement have ended. He now vvor1:s in landscflping. His family is still \'vnndering what happened. Nick represents a case of how minor nlle-breakillg behavior can produce a stigma that amplifies the Oliginal deviilllce to have life-changing effects; in extreme cases these effects can be full-bhl\vn criminal careers. Labeling theorists are concerned wilh the failure of socialization. Instead of focusing on bonds, they examine the social reaction componenl of interaction. For labeling theorists, uclequate socialization occurs when youthful indiscretions and minor rule violations are tolerated. Labeling theorists argne that society --~sp(-'cifically through persons in powerful po-sitiolls~creates deviance by oVlJITF'ading to minnr rule breaking. This reo suIts in negative socializalion thai undermilws a person's sense 01 self-worth and fosters a comnlilmentl:o deviance. Labeling theorists, slIch as Edwin Lellll'r1 (1951, 1967) and Howard Becker ([1963] 1973), also argued that SOCi,ll interaction with olhers is important in shaping whether or not people becorne offenders. Humans arc- not passive but are actively engaged with others in the conslructil)n of their own social identities. Not (Ill olhers are equaHy significi1llt ill this illteraclive process, however. Those nlOre significilJlI llIe Illell1ber:-J of powerful grpups and significanl incllviclUal:s wIn) seeK to t1i:.1ll Ccrtulll UclltlYior 111fOU611 F~l[ji:lillb l~lyyt; ml\\ having the-sF' enforced via social control agents. So powerful is the impact of these agellts that otherwise minur rule breaking is magnified through criminal j~lstice processes to have ,1 significant impact on perpetrators. The impact of thps(' IrlPillliTlgflll PTlCllUnlers call trilnsform fragile social
l lieJ
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identities into criminal careers. While Nick has not become a serious criminal, his life has been dramatically altered by this exact process. Others, such as Jack Henry Abbott, have become the violent actor that their label projected; ,,:hether this ,~ollid have occurred without the Jilbeling is the central questIOn that labelmg theorists address. Let us examine each of these theories of Jailed socialization in more detail.
Control Theory: Learning Not to Commit Crime Whereas Sutherland's ([19391 1947) learning theory seeks to explain how some people are intr~duced to and adopt lawbreaking behavior, control theory, also called socIal control theory, assumes a universal motivation to crime and devi~nce ~like c~assical theory) and instead asks why most people conform (HIrschI 1969). Control theorists answer that attachment and commitment to conforming people, institutions, and values produce a loyalty that protects against the temptation to deviate. Thus control theory "assumes consensus on certain basic values codified in criminal law and views d,eJinquency as infraction of legal norms resulting from weakened commitment to conformity" (KofIlhauser lQR4, 23).
Broken Bond Theory Two general kinds of control theory can be differentiated on the basis of when attachment a,nd commitment Occur and how they are weakened. Most control Uleones aSSume that socialization into convention OCCurs from an early age, but something breaks or weakens tile bonds to convention, freeing a person to deviate. This type of control Uleory can be called broken bond theory. For example, the neutralization of the moral bind of law discussed in the last chapter has been considered a version of Ihis type ofcontrol theory (Akers 1994, 114). Another example of broken bond theory IS socIal dl~orgamzation or social ecology theory (discussed in the next chapler), whIch argues that Ule isol<1tion and breakdown of comlllUnities can undermine a person's commitlllenl to confol'ln 10 HlP dflfllilllllll or mainslream culture (Kornhauser 1984),
Failure to Bond TheOllf The second kind of control theory, which is the one considered in this ~1"'::>l.-UJle::; thilt the very creation or a commitment to convention is problematic: Persuad.in,g humans to conform to socially approved norms and values IS very chffiCUlt and requires the investment of time and en:rgy an.d consid:rable maintenance (Box [1971} 1981). Inducing confo11nmg socml behaVIOr requires certain kinds of socialization and can easily chaf'ter,
fniled
SOdllli~f1liul1
go wrong: JlDifferenc~s in nurluring account for var~a~i01;; in_ attaclune,nt to olhers anel commitment to an ordered way of hVlllg (NettIer 1984, 290). Without this attachment and cornmitmPTlt forming in the first place, hUnlllJlS are more likely to deviate and break the law. \lVe call t!lis type of control theory failure to bond theory. One of the earliest versions of failure tn bond theory is John Bmvlby's idea, also known as "attachment fheory" (see Chapter 5), Bowlby (JqSl) conducted research on forty-four juvenile delinquents who were referred to his child guidance clinic (which he compnred to 44 controls). He found that cbi1dre~ whose relahonship with their mother was frequently interrupted during the ei1r1y years of their development (up to the nge of eighl) or who have factors that TIlitigate against secure Il1llternal honding, such (IS child i1bandonment, foster care, or child (Ibuse, develop ilJlxiety ilnd have difficulty forming relationships \vitll others. C'onsequetltly t.hey become "affectionless characters"who l(lck lhe nbiWy to f'rnpathize with others and, as a result do not see or feel the pain that harm may cause aHlers. The desirable stale, according t.o I3owlby's revised theory of attachment, is "secure attachment." It requires a responsible, lovingly responsive, and sensitive mother figure who is empathetic and nble 10 satisfy childhood needs for emotional and physical security. In contr<'l51, lhose like JClck Henry Abbott represent the failure of the attachment pnxess: "Attachment theory predicts that the most problematic individuals will be those who were abandoned at an early age, who experienced multiplp placemenls (in foster homes and so on), who had to deal with the early l'lbscnce of Olle or both parents, and who faced traulllallc conditions in early childhood (physical, sexual or other abuse)" (Schl1lalJeger 2002, 186). Several other early versions of social control theory exist, however. Drawing on Reiss's (19.51) ideas about offenders' failure to internalize personal self-control and the absence of direct exlernal social controls such as law and informal social con trot F, Ivan Nyc ("1958) distinguished between three kinds of controls: (1) direct control [rom the threat of punishment; (2) indired control, which protects yOllths from delinquency through their wish to avoid hurting intimates, such as parents; and (3) internaf control, which relies on an internalized sense of guilt. Another early version of failure to bond theory \-vas Walter Reckless's ([195011973,1%1) containmenttileory. He argued that adolescent youths are motivated toward delJnqnency by "pushes" from the pressures and strains of the environment (lnd "pulls" provided by peers. Juveniles will violate ti,e law unless prolected by !loth iolemal anel external controls, which he called inner and outer containments. Outer containment comes from parents and school disciplinE', where(ls imler containment comes from a strongly developed sense of guilt and a positive self-concepl. The interplay of these forces could prndllCf' JlH1J"f' or If'S:" delinquency. III
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flliled SOl 'illli2.jll iO/l
p,uticular, positive seH-concepl GUl be enhanced by e;.;tcrnal social approved, and this in turn binds the youfhs to the community and to conventional behavi(lr. C'Ollversely ((Inti anticipating labeling tllE'ory, cUscussed in the next seclion), negcllive reaction from society would result in a negative self-concepllbrough 'vvhich a reciprocity of disrespect leads to a failure to adopt conventional behavior. Ruth Kornhauser summarized how bolh inlernal and external controls and rewards influence acts of conformity: "Social controls are actual or potenlial rev,lards and plltlislllrH21lts tllilt
Hirschi's Social Control Theonj Hirschi's (1969) book Causes of Delinquency is most often associated with recent social control theory, anel his version of failure to bond theory has stilTIulated the most research. Like tlw early control theorists Hirschi draws on an idea developed by Jackson Tohy (1957Jr who argued that lJle key to forming commitment \vas developing an investment in convention which he calleel a "stake in conformitv." 011ce invested, the cost of losil~g tllis stake serves as Ci barrier to lay\' 'Violation. The underlying assumption in liirschi's argllment is that nil people would break the law if they did nol fear tlle damage and consequences of getting cought. Ties or bonds to convenlional parents, school, friends, employers, and so on make crime 100 nluch of a risk [Dr mosl people. For Hirschi, the "sociCiI bond" consists of several components: Cittachment, commitment, involvement,
185
veutionc!l activities. This can be intt'rpreted a:; a siillple ralio. ::;ince time and energy are limited, the more lime spent doing convellti.onal ~c.t~.vities, the less time is available for deviclllt acts. Finally, the bond IS sohdllied by Ilelief in the moral validity of conventional norms and 01\ the chil?'s respe~t [or the authority uf those limiting tl\eir behavior: Th,~s i~ d tU~\(Ja mentdl and explicit assumption of contrul theory, whICh assumes the existence of a common value system within the society or group \vhose norms are being: violated" (1969,23). Mort' broadly, belief refers 10 an 011goin o- conviction that cOllventional behavillr and respect for its underlying: ~'inciples, norms, and values is illlportan~ and necessary. Fina11y~, the elements of bonding in Hirschi's theory are 11 1 terrela ted such that the chain of causation is thus from i:lttachnwnt 10 parents, through concern for persons in positions of aut.hority, to the bt'liel lliclt the rules of society are binding on one's conduct" (1969, 200). By way of illustrating Hirschi's theory, Il:![ 1I:, LUl~siderYle example. of two college seniors, Trevor and Shanlell, who have tclIlen mlove, feel lIke soulmates, spend a lot of time together, respect each other, and plun to get married after graduation. III a new criminology class, Trevor meets an attractive sophomore, Donna, who "just wdnls to have fun." The opportunity arises for a date during which Trevor Wllllid be tempted to cheat c:n his longtime girlfriend, ShantelL How do Hirschi's key concepts exp!al11 what might unfold? Strong atlachment 1l1~[lllS thai Trevor would not go on the date, because he kno\'vs it would be disrespeclJul toward Sh3nte11, who would feel upset and betrayed. Sirong commitment means thai Trevor has led Shantell to Irust in llilll. Such a date, especid(]y with Donna, would be cheating on his relationship. This would undermine the trust between Trevor and Shant:ell and risk the breakup of the relationship and cancellation of their planned marriage. Strong involvement in the relationship with Shantell would mean thCit Trevor was so busy doing activities with her that there literally would not bl~ time for anyone else. Finally, strong belief in their relationship would itlclude reference to certain ~alues such as honesty, safely, monugallly, stability, security, and maybe even the belief that taking risks is unwise. In short, Hirschi's bonded conventiulli:l! :iludellt, li'evof, would probably reject the date, recognizing that it threatened his val~ed relationship with Shantel1. Of course, if he justified the act to hilllself with the arguments that the date with Donna would be a onetime kind of thing, that his steady would not know about it, and ~iJe vvould be working anyway, he would nOl be d lJiroLlIl-llOll[]Ell :Slllt/ell!, /)111 d MdlZd-neUlrallzlIIg drifter off on a moral holiday, free to date Donna, <3t least on this occa~iun! Hirschi's bonding theory, which stands alone as a vidble explanation for crime, raised the question of whether the rL'ilSUn :.-;UIlIC people failed to form connections with conventional uthers IIi'lL! 10 do 1-vith their capacity
lli(,
E;::;senlillf CrillJilJu/u:5Y
for selt-C0tll.rol, itself affected by pdrental SOcidlizdliun practice::;. These questions led Hirschi to a tlJrlller refil1enH:~nt of conl.rollheory, self-control theory, which we consider next.
r
SdFCO}(trol Theory In 199U, with his culleague fvlichael COllfn:dsun, Travis Hirschi wrote A Gt'I"It!ml Tht!ory of Crime. This book has enjoyed wide circulation. CO(U1 and Farrington (1998) found that the book had the second most citations of all buoks published in the 19905. In this text, Gottfredson and Hirschi muved away from the fuur-component version of social bonding theory to focus un self-control or the lack of it that results in impulsive behavior. They identify juvenile delinquency as just une of a wide range of crimes, including embezzlement and fraud, that GIIl be explained not so much by the absence uf bonds as by a lack of seH~l.'ontrol on the part of the offender, especially in circumstances of increased opportl1llity and heightened situatiunal temptation. Criminals lack self-control, according to Gottfredson and Hirschi, because they have been poorly trained as children, as a result of low parental investment in child rearing, poor monitoring, and disciplining practices. This explains "the differential tendency of people to avoid criminal acts whatever the circumstalKes" (GuttfredsoJ I dlld Hirschi 1990, 87). The underlying assumption aboul human nature here is the same as in cuntrol theory: All people are mOlivated to break rules and make a rational choice decision whether or nol lo do 50. The difference is in Ule ability lu suppress or reslTain such urges and drives and in the need for exdteInent, risk taking, and immediate gratification. IvInst people do not engage in criminal acts because they have been effectively socialized by parents to exercise self-control over their behi:lvior. Those who are not properly socialized have a lack of conlrol that can also be related to fllow self-esteem." Pratt and Cullen (2000, 932) add that this "increases Ule likelihood Ulat individuals will be unable to resist Ule easy, immediate gratifiGilion that crime and analogous behaviors seductively, and almost ubiquitously, present in everyday life." For some people the socialization prucess, Ulell, is defective, providing little protection against committing crime. Their sucializ.ation is defective not because of something biological or psychulogical within the individual but because the parents have failed to Lise adequdte child-rearing practices. In early childhood this lack I)f self-control is manifested as "condud problems" (Prall and Cullen ZOOU), lVidll UtLlol5ucctnCtiy ullllmell (,uUiredsu[l ami Hirschi's position: Abject pdrenting nullifies successful childhuud soeializdtiull. The \lutcome, in persons e:-..posed to such an 1::'lwironllll::'nL is low self-control. Persons with luw self-control (a) prefl::'r imml::'diate gratification of desires, (b) pursue simple tasks rather than activities Ulat require tenacity, (c) value physical rather
Failed :iociitlizatioll
llil
than verbal or (:LJgnitiv~ experiences, (d) enjoy quick returm, instead l)f Junglerm commitments such as marriage or occupational dnd educational careers, (e) are employed in low-skilled versus academic endeavors, and {f) are selfcentered and generally insensitive to the feelings of oU1ers. (DeLisi 2001,1) Developing Gottfredson and Hirschi, Harold Grasrnick anJ colleagues (1994) conshucted a characier profile of those with low self-control: Grasmick's Characteristics of Low Self-Control Is impulsive Seeks illstant gratification Has low levels of diligence, tenacity, and persistence
I
Seeks sensation and excitement Prefers simple physical tasks over complex intellectual tasks Is self-centered Is insensitive to the needs uf others Has low tolerance tu frustration Addresses cunflict though confrontation Let's look in more detail at the parental failings that pruduce these lack of sell-control characteristics. Parenting includes three hillclional coutponents, which we call (1) surveillance, (2) labeling, and (3) punishment. Surveillance refers to parents or guardians monitoring children's behavior. Monitoring can be reduced because of lack of care, lack of time, or the periodic physical absence of the child from her parents, for example, clue 10 hospitalization of the child or parental work commitments. Labeling refers to the parent's or guardian's conception of the norms, rules, and laws of society and their readiness to label behavior as consistent with or deviant from these. Parents may not label behavior for several reasons, including the popular child-rearing philosophy that this prdctice is hdrmful for healthy child development (we discuss labeling theory in more depth in the last section of this chapter). Finally, even i1 tiley watch and label, parents may not provide effective punishment for deviant behaviur or adequate rewards for conforming behaVior. Together. inadequate surveillance, inappropriute lubeling t and ineffective pllniJlllllelit result in dysfunctional child rearing. This has a serious impact on children through their formative years (ages six to eight) and reduces the effectiveness of other socialization through formal schooling or informal peer groups.
Essential Crimillology
188
Overall, social control theory has been one of the most tested uf all theories, As Rankin and Kern (1994, 495) have noted, "AlttUng the various social control perspectives, Hirschi's (1969) version is probably most responsible for developments in fanlily and delinquency research. It is relatively explicit, well developed, and amenable to empirical tests." The bonds Hirschi outlined have been extensively studied. Costello and Vowell found the bonds to have "important direct effects" (1999, 815). One commonly identified element of the bond is religion. Baier and Wright conducted a meta-analysis of sixty studies examining religion and delinquency and concluded that "religious behavior and beliefs exert a significant, moderate effect on individuals' criminal behavior" (2001, 12). Similarly, studies of low self-control have prodllceJ considerable support. One of the more robust means of assessing theory quantitatively is through the use of meta-analysis (a summary and comparison of all the previous studies). When Pratt and Cullen conducted a meta-analysis of twenty-one research studies on low self-control, they found that seif-control, or lack thereof, is a strong predictor of crime (2000). Likewise, DiLisi (2001), Vazsonyi and colleagues (2001), and Hay (2001) found self-control to be inversely related to criminal offending. Those \-\Tho exhibited low self-conti'ol were indeed found to be impulsive and fisk takers, and were more serious criminals (DiLisi 2001). Overall, the research on self-control theory is fairly conclusive. In another summary of existing studies, Hay found that "with few exceptions, these studies indicate that low self-cuntrol, whether measured attitudinally or behaviorally, positively affects deviant and criminal behavior" (Hay 2001, 707).
Evalwltion, LinLitations, and Policy Implications of Control Theory While research has revealed much support for the variuus versions of this theory, it has also exhibited some Daws. Krolm (1991) has pointed out that Hirschi's original bonding theory fails to adequately distinguish between different elements of the bond and is unclear about the causal direction of bonding. Thus, although a lack of parental attachment caIl affect delinquency, delinquency can also affect parental attachment (Liska and Reed 1985). Social control theory doesn't explain whether some parents fail to bond with their children because the children th.emselve::; are lhe prob-
lem; "Nu recognition
itl
given to evidence that chHctren corne into the
world with different personalities and temperaments, and in so doing affect U1e behavior of parents from a very early age" (Ellis and Walsh 2000, 326). LaGrange and White (1985) pointed out that the strength of the bond to convention varies based on a number of factors, particularly age.
I I
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Others have criticized control theory for failing to explain gender differences in delinquency: "why parents, schools, and churches throughout the world would socialize children in ways that make males form weaker bonds and hove less self-control than females" (Ellis and Walsh 2000, 326). Nor does the theory gain as llluch support for serious adult crime, which is at its best explaining delinquency. The parentt:ll controls that feature so prominently in Gottfredson and Hirschi' 5 (1990) self-control theory can counteract the effects of bonding and can work in different and complex ways (Wells and Rankin 1988; Rankin and Wells 1990). Akers (1994, 123) has argued that self-control theory is untestable because it is tautological: "Propensity toward crime and low self-control appear to be one and the same thing." Pratt and Cullen disagree, arguing lhat "the charge of tautology does not apply to studies that measure self-control with attitudinal scales that were developed to assess self-control independently of criminal behavior" (2000, 945). Further, as with social bonding theory, self-control theory is limited by gencler "because it more robustly predicts delinquency among males than among females" (DeLisi 2001, 3). Finally, control theory seriously ignores the insight of Matza and Sykes concerning the subterranean values of conventional society. As a result, the theory ignores the finding that effective bonding to convention and self-control do not protect against serious deviance. vVhen those who have leading roles ill. conventional society, including parents, also indulge in lmconventiona] behavior, from drug use to corporate fraud, then being bonded to "convention" can also mean being bonded to crime. Those who engage in pleasing the conventional employer, from former U.S. presidents (e.g., Richard Nixon) to corporate presidents (such as Pharmor's Ivlickey Monus or Enron's Kenneth Lay) may come to realize that their commitment to convention necessarily involves a commitment to crime and deviallce. Recognizing the value of their "stake in conformity" as an instrument of compliance was clearly expressed by Richard Nb .;;onunitloed in 'Lurpomte enUlles uIlcl 80vernment struc~ tures by executives and managers who are loyal to conventional values. Like Lieutenant Calley in the :tvIy Lai massacre described at the beginning of the previous chapter, these persons believe they are supporting conventional values as they commit their crimes.
r 190
Essential C:rillliJ1a!nglf
I
Policy I/11l'liml iOI1S Control theory implies policy interventions bilsed on preventive socifllization designed to protect and insulate individuals from pushes and pulls toward crime. Part of this protection comes from supervision, surveillance, and control. The major [oellS Oil preventive policy, according to control theory, lies in the infOlmal control of children by their parents, not control provided by the formed criminal justice system, which should remain as the punitive last resort. This implies strengthening bonds to convention throllgh developing Illore effective child-rearing practices. Early intervention programs include parent training and functional-family thernpy that seek to reduce family conflict through dispute settlement and negotiation, reduce abuse and neglect, promote positive parent-·child internetion, and teach moderate disciplinE' (I'vlorton and Ewald] 987). When family problems cannot be resolved, it has been suggested that youths be placed in surrogate families and group homes with trained "teaching parents" (Braukmann andWotf 1987; Agnew 1995b). Based on the studies of religion cited above, deepening religious belief should also be explored as a policy means of reducing crime. A second level of intervention for SOUlE' control Uleorists is directed toward those "at risk" of engaging in antisocial activities. Policy here can focus on providing counseling and problem solving and social skills training (Goldstein, KreslIer, end Garfield 1989; Hollin 1990), especially in the school context. Gottfredson and Hirschi (1990) argue that unless this kind of intervention occurs early in the child's development, it is already too late to make much difference. Indeed, a RAND study shows that both parentbased and school-based programs are morE' cost-effective in prevention than reliance on incarceration (Greenwood 1996). The study compared Clime prevention programs Ulat (1) sent child care professionals into homes of children prior to their birth up to the age of two to monitor their behavior and provided four subsequent years of day care, (2) provided parent training and therapy to families of children between ages seven and eleven who showed signs of aggressive behavior, (3) provided disadvantaged high school children aged fourteen La eIghteen with cash incentives to graduate, and (4) provided twelve- and thirteen~year~oldsspecial counseling and supervision programs. The study found that high school graduation incentives were the must cost-effective, followed by parent training programs, with delinquency supervision programs <'Ind prison being less cost-effectivp_ TntGrGdinsly;_ jh e lend co.s-t---cffediv.> 'was early childhvvd lnLervcntioIl,
although this did cut child abuse by 50 percent (Greenwood 1996). These kinds of interventions also have serious moral implications that go heyond economics to raise questions about Lhe relationship between the stale and the fi1mily that would need In be resolved before any such
•
Failed Socialization
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programs could be implemented on a wide scale. One obvious question is, Why are children who do not succeed in school (but do exercise adequate self-control) unable to get a general equivalency diploma (CEO), help, or financial support (e.g., loans)? How far might intervention programs providing benefits work as an incentive for othervvise law-abiding children to comlnit fraud in order to get the benefits?
Labeling Theory: A Special Case of Failed Socialization? Like the theorists we have just examined, labeling theorists believe that social interaction with olliers is important in shaping wheUll'!r or not people become offenders. But where social control and bonding theory see clear rnoral1abeling of behavior as important, labeling Uleory views this as the problem. The issue is not so much what we learn or how we bond to others but how our sense of self-identity is built on the views that others have of us and how this identity can be negatively impacted U1rough other people's reactions to our behavior. Again, Nick's drama mimics what has happened to countless students who were on their way to conventionally defined success as college graduates until agents of social control intervened. Another student, a senior with a 4.0 GPA, was enjoying his final spring break. He was sharing a room with five or six of his fratelnity brothers in Daytona Bead1, Florida. A few had small quantities of marijuana. Someone smelled the burning cannabis and notified police. Hours later, when this student returned from the beach alone, he entered Ule room and the police closely followed. They searched the room, put all the small bags of pot into one big pile, thereby greatly increasing Il,e weight, and cllarged the student with a felony due to Il,e (now) large quantity. Had a drug detecling test been admini~tered, the student \vould have been found drug free. Unfortunately, like Nick, he did not notify his parents and handled it himself, greatly hurting his case. His friends all left and he remained in jail for several days. His lifelong dream of working in federa I law enforcement ended abruptly. We discover self-identity through symbolic cOllmlunication in interaction and role-play with others in social contexts. For adolescent youths, what their peers think of UleIn and what image lliey project to others are of utmost importance, resulting in a concentration on style, body image, and so on. Many people define themselves, and are defined by others, according to how U1ey appear. Look. around you in class dnd you can W~W. ily identify the Greeks who always wear their letters on clothing, purses, and cars, and wear T-shirts displaying significant parties and socials. Observe too the Goths with their pale skin and dark hair, the Surfers with their golden hair, board shorts, flip-flops, and deep tans. You may even
1='sst'llliill L'rilllillOlogy
j'uih'd SocializatiolJ
llav~ :;;Ullle biker::; with their tattoos, J-1clrJ~y shirb, chdill::;, dill! boub, Can you identify the ROTC students in yuur :ldss? The alhletes or jocks'? Do the shldents vvho dress differently Irom one allulher make eve ulI1tact, sil by and speak to each other? Who did you sit by un the firsl- day of class? Many of us love the academic environment because of this bro,-lt~1 diversity of experience:::.; studenls unfortunately often take 1:hib fur grtlilled as part of tile sociallandscape, without recognizing the :::.erious CUll sequences of tile social labels they live by. Yel tile impact of these lobels Cdll be destructive ,-mel deadly. The spate of school violence and homicides of 1994-1999 were fueled if not directly caused by the negative stereotypes appli('d to vulnerable children who were seen as "geeks" or "nerds" before t'heir frustration from bullying exploded into violence such as occurred at Thurslon High in Springfield, Oregon, and Colwl1bille High in Littleton, Colorado (HinIde and Henry 2000; La\,vrence 199.'3). Instead of understanding the labeling process Lind its destructive effects, social con troI agen ts cn~a ted a moral panic to seek out these nonconfonning oddball killers, lclbeled by jucks as the Trench Coat I\!lafia in what JOIUl Katz (J 999) described j;lS "geek profiling." He relates hmv these marginalized "teenagers traded cOI~lHtless stories of being harassed, beatell, ostracized and ridiculed by teachers, students and adrninistrators fur dressing and thinking differently fWIll the mainstream. Many said Uley had some understanding of why the killers in Littleton went over the edge." Cunsidl~r the follmving aCC'::HHlt of "Jay" from Katz's (J99~}) Web site, Voices from the Hellmouth; -
ley (1864-1929) callee! Ihis the "luuking glass sel!" ([1902] 1964). To the symbolic illl(·;rariionist ideas of CenrgeHerberl !vIead (1863-1931), who devised the IHltiun of lhe social sel!", or generalized other (1934), !vlead's stl1dE~nt HerbE'rL Glumer added thaL humans are fictively engaged \vith uthers in the construction of their own social idenlilies (Blumer 1969). Once forllled, these jch"lllities are Ilut fixed bul continually reformed and reinterpreted. Not all others ,1fe equally significanl in this interactive process, ho\vever. The mosl significant others are powerful groups who ban certain behavior through passing laws, and social control agents, such as police, courts, social workers, psychiatrists, school administrators, teachers, counselors, and so on, \vho enforce these laws. Agents of social control exert such a po\overflll impact, according to labeling theorists, that othervvise minor rule breaking or difference is magnified through criminal justice processes to have a significant effect. The impact of these officially sanctioned meaningful encounters can transform fragile social identities into criminal careers through a process Frank Tannenbaulll (1938, 19-20) originally referred to as the "dramatization of evil." Ei-ther punishmenl or reform, argued Tannenbaum, Gill lead to the very "bad behavior it would suppress," such that "the person becomes the thing he is described as being" (1938,19-20). The key to this process, according to Tannenbaum, was the "tag," or label, attached to the rule breaker. T'Vfost recently, skalebo
192
I stood up in a suclal studies clat-is ... dlld s"id 1 cuuld nevel kill allyUlIt' or condone anyone who did kill allY one, but Lh<..lt '- could, on t;Ul1lv level: understand these kids in Colorddo, the killers. Beci:luse, day after ddV,..",Iight after slight, exclusion after exclusion, yUH can learn how to hate, all~:J tlla·t hatred grows and takes you over sometimes, especially \vhen you CUlllt:' tn see that you're smart and different, or sonlelimes even because-YIn.! are ullJine a lot, which is still 51) ll11conl to many kids! After class I was ·L:dllt:d to the principal's office and lold lliat ! had to undergu five session~ uf oJul1seling or be expelled from thl.~ schuul as I had expressed ?sympathy? with the killers in Colorado, and Llw school had to be able to explain it5l::'lf if I ,. dcted oul."
(Katz 1999, http://slashdoLorg)
The social interaction of obserVing differenl:es in other::;, negatively ~tereotyping them and then excluding, taunting, bullying, dnd teasing
those who display these attributes (e.g., clothing, speech, and diction) is
Ihe subject of labeling theory. Ttlfs lIlCory 01
how sowJ! seJves, sell-
t~steem, and social identity are funned itsell is based un symbolic interac-
tionist theory rooted in social psychology. Accurding to symbulic inleractionisls, we see ourselves IhroucrJ-t the . . n mIrror of- uthers, as they react to what they see ill us. Charles i-furton CIlO-
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Essen/ial Cri17Iinology
r
LenZl:r s Primary and Secondary Deviance Edwin Nr. Lemert (1951, 1967) argued that crime begins not with the activities of the rule breaker but with the social audience that passes laws banning certain behavior as immoral or criminal. He argued I-hat rather than deviance leading to social control, "social control leads to deviance" (1967, v). Laws and their enforcement by control agents within society are responsible for escalating minor rule violations into a more serious activity for a person's identity, or "psychic structure." Orlando, Florida, "the city beautHul," is a tourist JvIecca. Recently the city government become concerned with the image that the many homeless people present. These downtrodden unfortunates do not fit the Disney image. Consequently many new ordinances have been passed aimed at this "problem." No longer can you lie on a park bench or splash water on your face from a fountain. You calmot even stand still in certain places. It is a safe bet that businessmen in suits and tourists with their children are not arrested for splashing water on their faces. Once arrested, a person is much more likely to be rearrested. (For a compelling look at the plight of the homeless in America, see Gregg Barak's award winning Gimme Sheller [1991b]). Lemert called spontaneous, sporadic, minor rule violations primary deviance. Primary deviance may stem from many different sources. Secondary deviance, in contrast, refers to behavior that results after authorities, particularly social control agents of the criminal justice system, react to primary deviance. Secondary deviance is rule-breaking behavior that emerges from a person's social identity. This occurs partly as a result of having to deal with labeling by others and partly because of who the person has become as a result of the social re<'lction to the primary deviance. This reaction produces stigmatization. Everyone engages in fOrolS of primary deviance, and alone it has little consequence for a person's social identity, provided that the person has a strong self-image. For example, employees who steal office equipment, use the telephone for personal calls, or overclaim expenses rarely think of themselves as "employee thieves," or embezzlers. Those who are uncertain of their identity as a result of a weak self-image are vulnerable to what others think of them, however. The homeless described above would fit into this category, as would the high school "geeks" so heaVily criticized by those around lhem for being different. Repeated, forceful negative definition of their identity can raise serious qup.c:Jions for ~hen-~ "bout ,:du..) Ihe)' ~\re dIlc[ rc;;;u!t in "identity transfornlation" through self-labeling. They come to see themselves as a deviant type and engage in subsequent deviance because of the stigmatized deviants they have become. They sometimes join groups of similarly labeled deviants (e.g., "Trenchcoilt lVlilfia"), fonning a deviant or criminal subcliHure
railed SW'iI11i:ofiOll
l.9S
in which Ule members provide supporl for each other. Senne gay
Howard S. Becker was a student of the interactiunists flerbert Blumer and Ernest Burgess and Rvereu HugllPS i1t the University of Chicago. Recker began participant observCltion studies (living in the daily lives of the group being studied) in grac!mlle school by keeping a diary on barroom musicians at the Chicago l<1vern where he played jazz (c1ance) piano (l'vlartin el a1. 1990,350; Debro J 970, 159). His major book on deviance, Olltsiders ([1963] 1973), was begun in 19.54, jllst after Lernert's early works were written but without knowledge of them (Debro 1970, 1(5). Becker combined (l theoretical analysis with Hle early case studies of musicialls imd marijllilllCl users. He found that the e[[(:lcts of an achvily were a consequence of herw a person interprets his expericilce. Although Ihis work hilS become a classic in the field (Olltsiders is Ihe top-selling bonk on crime and delinquency by a sociologist, selling over 100,000 copies; see Gans 1997), Becker himself admits to being only mClrgill1111y involved in the study of deviance <'Ind then just as a diversion from his studies of Occupiltlons, education, illH! more recently the social organization of art (Debro 1970, 107). Becker ([1963] 1973,9) shifts the cal1salily of rule breabng from the nctor to tIle audience, arguing that "deviance is not (l quality of the act a persoll commits but ralher a consequence of the application by others of rules and sanctions to an 'offender.''' He suggests that rule breaking js the oulcnme of a three-stage process: Social groups create deviance by (J) "making the rules whose infraction constitutes deviance," (2) "applying those rules to particular people," and (3) "labeling them outsiders." The deviant actor is Ule product of this process, "one to whom lhilt label has been successfully ?lppliecl; deviant behavior is behavic1r that people so labeL" The first stage of Becker's labeling process nlay involve aclors engaging in behflvjor thaI: an allclienc&l filld~ oHfJm:ivG, .Quell n~ dl'uB uS~J but it nettl not. Some people, such ;:lS minorily youths, may be ilrrested OIl suspicion by police for minor rule-breaking behaviors sitch as "loitering," or DWB (driving while black). What is cruci<1l is thry
196
{:sselJ I ial
('rilll inolo.'.;,1!
arbitrary decisioJl and shows l'Onsiderable variall(Hl culturally and hisLorically. Importantly, Becker recognized that \vhat becomes defined as deviant behavior clnd V,'hill mil)! be criminaJized depend on power and interesls. Becker coined tht? term "moral entrepreneur" to refer to those with more po\,ver who slliJpe thela"v \vit-h their own ideas of what is offensive. This is one reason why thE' offE'lIses o( ndoiescellts become labeled "delinquency," yet the offel~ses (If cOl'jXl1\llil 1llS (liltl governments often remain "administrative violiltiolls." The second stage in the dpviance process, in which control agents select people whose hehavior is offensive and label their behavior, also depends on povver. The process involves iclpnlifying some people's behavior as p different 'neo-aLivelv 0 . evaluatin t'1 it as offellsive, finding the appropriate offense category, and supplying an interprel-alinll of why the person'R behavior is an e:\ample of lhal category. As I3t'cker said in an early interview, "The whole point of the illterac!:ionist appro2lch to deviance is to make it clear that sornebody hnts engilge in similar delinquent activities as their lower-class counterparts, lhe)' C1rfl able to do so in gn?2lter secrecy and even vvhen caught arE' pru!t'ded bf'CilUSe of lheir deJ1lf'nJlOf cmd family or ('(Immunity COJll\E'l'tiolls. - Once SllCCf1ssflllly labeled, a persull is subject tn the llegative effects of the label ilself, which pnwicles Whi.lt 13ech'r callt'd a "master" status. Being caught and publicly labeled as <m offender "has important consequences for one's further social participation and self-image" (Becker [1963J 1973,31). The statu5 of "deviant" highlights certain characteristics of the person as central to his or her jdentity while diminishing others. This interaction with others, wrote Decker (I19n3] 1973,34), prodnces a "self-fulfilling prophecy" thnl "sets illlllntion several mechanisms which c1.mspire to shape tbl? persun in tile image people have of him [or lwrJ." Part of this process involve's d".sing off legitimate forms of (lCUvlty, which reslricts the opportunilies for the lilbelerl offender to behave clHferentiy. The J<'Ihel also lends othf'TS to engage ill retrospective interpreti1(ion. Retrospectivp inlerprt.,tillioll nccurs when a review of a person's pilst activity highlights previlllis ill~f;H1Ct'S 111<11 (,Hl he rpintf'rprelecl ilS con-
li/ilcd SllCillli~lItil!}1
1')7
sislent'vvit11 the new lI~viaJlt Ina~t~r stalus. SUdl action£; furllwr lead 10 a ll~W, lldrruW focus by lhe i:ludience, now with IH~ightened ~ellbitivHy towJrd the labded individual. This in turn resul!~ in more devlallce being discovered. Wilkins (1965) and YOllng (1971) describe this as "devi~ncy amplification," since it I~ad::, 10 even mor~ secrecy and interaction WiUl similarly defined olilerb. Deviancy amplifkation may eventually result in an individual accepting the label, adopting a deviant or criminal career, and joining in an organized deviant grollp (Becker [1963] 1973, 37) . . For Becker, then, the central issue was nul lhe normal nde hrei:lking that everyone sometimes engages ill dS part of IIUlllan freedom and curiosity. RatheI~ when oth~rs transformed that dclivily intn a negative, restricted force, new and additional offenses reslIifed. In c111rifying his account, Becker ([1963J 1973) argued that the SeL'I"e! devLwl, who un the surface seems to contradict his idea that deviance does nol l:'Kist until it is labeled (Gibbs 1966), actually refers to evolving deflnitions of behavior. Becker noted that at one point in time the powerful dn not provide the procedures for determining a behavior's slanding, yet at a slibselluenl time they do so. . If the work of Lemert and Becker sensitized liS to the puwer of the defInition process, Erving Coffman led lIS to tlle force uf stigma and spoi1ed identities that can result from institutionalization.
GiJjfil1ill1" o;/iglllil lIl1d 'lbtlll [11,lituli"", Erving GoHman (1922---]~o3) was a ::'lldlllllgbt in th~ inlerddiunist ~radi tion of 1Y[ead. He used his Heldwork Oil d Scottbh Island comIllunrty to write his doctorate at the University of Chicago, where a fellow student was Huward Becker (Martin et al. 1990). Although most of his work described and analyzed everyday, face-to-face interaction in a variety of noncrilninological settings, his work on stigma ~lJld mental hospital institutionalization has direct relevance tn crimillologiccll discussions of labeling theory. Goffman uses the lllclaphor of drama: The world is a stage and we are all players performing and delllOnslrating our strategic gamesmanship to the audience. His bO~Jk St(r;IJlLl (yJ63) disting~dsh~s b~ t.. .v een the physical, moral, and raciallonns of stIgma, each ot whIch IS based on identified differences thai others negatively evaluatf! and COI1s~rud inlo "spoiled identities." TIle persun ;1f1'ected by disabilities or schizQf'hn~niLl would b~
LIn l;;:XLHnplt:
vI
i.l
tipDileLl
lllcnUty. TttruuglllIlrer-
active situations, individuals classify others into categories, some of which mal' be stigma lized ones. Once p~ople are classified, '"''lie treat tht'tll db a spoiled or "virtudl" identity rather than as who they i.Kt L1dlly are. For c);arnptc, those with physical
Failed Socializatio/I
198
llr 1Benldl disdoiUlies are seen as blel1lished a1KI treated as thuugh they have numerous other deficits -dnd as less than lJuman. Sirnilarly, those fddally or ethnically different hom a dominant group are typically treated as deficient and inferior. Consider our discussion in Chapter 5 of immigrants to the United States frol1l Europe around 1900 and how they were seen as paupers and degenerates. Finally, those whose behavior may indicate a character flaw, such as criminal offenders, are treated as morrllly bankrupt, dishonest, evil, and su furth. As a consequence of this process, the stigmatized are uncomfortable with their classifiers, who they feel have unjustly exercised social and political power to deny them Uleir full humanity. Applied to inmates of mental hospitals ur currectional settings, it is dear that the stigtllCl process redtlces the ability of those stereotyped as "spoiled" tu return tn a mainstream or noncriminal life (GoHman 1961). The result may be an effort by the l:;tigmatized tu conceal their physical and socially constnJcted defects by constructing a "front" in order to pass as "nannal," that is, as persons appearing to have no defects. For example, consider men who abuse their wives in tIie privacy of their home but appear charming in public. Goffman's notio11 of "total instituUollb," \I\'lIich \'vas formulated in his :;tudy uf a mental huspital, /lsylulIls (196 I), has had considerable impact on labeling theory generally and especially on understanding the way prisons dehumanize the inmate. A total institution is a place where sinldarly classified people are forced to live, work, and play together around activities consistent with the goals of the institution. This takes place under formal supervisory control governed by strict rules and procedures and within a restricted environment. The inmates in total in~ stitutions are separated formally and socially from the staff and have no input into decisionmaking about their activities or outcomes. According to Goffman, this process is designed to force inmates to fit the institutional routine. When continued over time, the process results in dehumanization and humiliation. As a result of the adaptive behaviors inmates have to adopt in order to cope, their behavior patterns become sulidified. This changes their moral career and renders them unfit for a return to life outside the institution (1961, 13). GoHman argues this results in a "mortification" of the self. How permanent such identity change is has been subject to controversy, but unquestioIlably Goffman's work adds to our understanding of the impact of social and institlltion~ll
effects on the bbelin O Froct.::,;o.
In light of the Uleories discussed in this and the previous chaptel~ labeling demunstrates the dangers inherent in allempts to intervene to change people. Tliis is must pronounced Wht!ll punitive interventions are falsely presented as reform programs Ulat suggest a "spoiled identity."
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Braithwaite's Reintegrative Siitunin!! John BraiUlwaite is an Australian criminologist who studied white-cullar crime in the pharmaceutical industry. He is one of the most recellt contributors to the labeling perspective, agreeing that the J\ind vf stigmatization Goffman described is certainly destructive. In his book Crime, Shame, and Integration, Braithwaite (1989) defines this negative stigmatization as disintegrative shdllling and argues that it is destructive of social identities. It morally condemns people and reduces their liberty yet makes no attempt to resolve the problem by reconnecting the accused/convicted to the community. Braithwaite describes a second, positive kind of stigmatization, which he calls reintegrative shaming. This is actually constructive and can serve to reduce and prevent crime. Reintegrative shaming, while expressing social disapproval, also provides the social process mechanisrns to bring tilose censured back into the community, reaffirming that tiley are morally good-only a part of their total behavior is unacceptable. Braithwaite believed this explains why numerous different cOlllmunitarian societies, such as Japan, that use a positive reintegrative form of shaming have low crime rates, whereas those that use disintegrative shaming have high crime rates. In the laller cases, offenders are cut off from tile mainstream society <.'lnd are free from informal controls to recidivate. Although labeling processes are i:l major compont:!JlI uf Braithwdile's analysis, several commentators (Akers 1994; Gibbons 19~J4; Einstadter and Henry 1995) see his ideas as an integrated theory linking several of the social process theories we have discussed in this and the previous chapters (learning, control, differential association, and labeling) with those we shall discuss in the next two (cultural, subcultural, aud strain). We shall briefly return to these again in Chapter 12.
Limitations and Polici/ Implications of Labelin!! T!leory Ldbeling theory, with its commonsense truth of d "self-fulfilling prophecy," has been controversial. It suggests, seemingly outrageously, that attempts to control crime can actually make it worse. The first major criticism was that the theory does not explain why people engage in primary deviance and why some people engage in more of it than others (Gibbs 1966). Second, if deviance is only a product of public labeling, why do some, such as white-collar offenders, employee U,ieveo, embezzlers, and so on, and some violent offenders, such as abusive husbands, engage in careers of crime without ever being publicly labeled (Mankoff 1971)7 One study found that the label applieel by parents was strongly relateelta conceptions of delinquency, a faclor that may explain more than the
200
Essential Cril/lillology
"official" labels that are applied. !vloreover, if the effeds of labeling Me so strong on vulnerable identities that sud1 persons become locked into c1'i1l1i~al careers, how do some refoITn? The question ultimately is, how resilient 15 the label and is it only a coping strategy for the institutionalized? Some critics even contest that control agents arbitrarily se[ecl offenders (Akers 1968; Wellford 1975). One researcher (Jensen 1972a, 1980) has found that the label applied differentially affects youths based on race or ethnicity. Whites accept the labeling consequences of official sanctions more than African Americans. Fin~llYI why does labeling theory tend to focus largely on the agencies of sO~lal .control and on c~rtain labeled groups-" nuts , sluts, and perverts (LIazos 1972)-but Ignore the wider structure of society and the power of the state and corporate interests in shaping public policy of agencies U,at enforce U,e labeling (Taylor et aJ. 1973; Young 1981)7 The empITlcal eVIdence largely fads to offer support for the theory, although some question the validity of these studies (Plummer 1979; Paternoster and lovarmi 1989). A major feature of this research i::; the relative lack of support for the notion that being labeled produces a negative self-image among those labeled (Sh.oernaker 1996). As a result, as one of its founding crilics ~bserves, It becanle far less dominant in the 19705, has little to distinguish It, has lost its influence, and "no longer generates the interest, entllusiasm, research and acceptance it once did as a dominant paradigm hvo or Ulree decades ago" (Akers 1994, 137). In spite of these criticisms, labeling theory has had a considerable impact ~n criminal justice policy, especially witll regard to juveniles. It has e.v:n unpaded popular culture through the use of person-preserving po~,It1~ally correct ter~ns SU~l ~s a "person with disabilities" as opposed to a dIsabled person and VIsually challenged" rather than "blind" and "metabolically challenged" rather than "fat." W~tll regard to criminal behavior, since the central tenet of labeling theory 15 tllat social reaction to minor rule breaking creates extra deviance a~d crime, the policy is clear. If repeated negative definition by official soCIal control agencies transforms ambivalent social identities into criminal ones, the policy must involve red ueing social reaction. This wiII minimize tile produ:tion of secondary (or extra) rule breaking and, in particular, prevent mInor rule breakers from entering criminal careers. Edwin Schur (1973) defined this overall approach as "radical nonintervention." EinsL~dLcr onJ I~c!l.l:Y (19:~f 2~O-223) 5unul1ariLe fOlIr policy components of tillS perspective IdentIf1ed U1 the literature: (1) decriminalization, (2) diversion, (3) decarceration, and (4) restitution or reparation. . Decrim~nalization is the legalization of crimes involving consent---victlmless Cflmes (Schur 1965) that include activities such as drug use, ho-
Failed SocinlizatiOlI
201
rnosexuality, gambling, and prostitution (see Chapter 2). Not only is banning these activities morally questionable (Duster 1970), but their illegality ill the face of a wide public demand for them provides a basis for o~g,-lJ1ized crime, gang activity, police corruption, and bribery, together \vith the accompanying violence necessary for "market" protection (Schur and Sedau 1974; Curran and Renzetti 1994). Diversion is a policy that redirects those engaged in minor law violations, especially status offenses such as truancy, runaways, and curfew violation, away from the courts through informal processes leading to noncorrectionaJ settings. TIle approach is credited with being responsible for the existence of the parallel system of juvenile justice, separate from and less formallhan the criminal justice systeu1 for adult offenders. Juvenile justice is designerl to be less stigmatizing. It involves seltlementdirected talking, such as conflict resolution, mediation, and problem solving, rather than punishment. Decarceration altempts to deal with the stigma effects of total institutions by minimizing their use and releasing numerous people; such as those convicted of substance abuse offenses, on alternative sentences such as probation or electronic tethers. Instead of calling for more prisons, this strategy involves stopping prison building and stopping the sentencing of offenders to prison terms for nonviolent offenses. In particular, juveniles in institutions such as refonn schools and training schools were deinstitutionalized into community-based programs (Akers 1994, 131-132). Restitution and reparation are designed to make the offender responsible for the crime by repaying or compensating either the victim (restitution) or the community or society (reparation) for the harm done. This can involve working to pay back the offender or forms of community service. Finally, we need to consider the policy implications from Braithwaite's (1989) analysis of reintegrative shaming. This involves providing both public exposure of harmful behavior and informal rehabilitation programs designed to bring the accused back as acceptable members of society. Like programs for recovering alcoholics, these programs can be used as an example of how problems can be worked through (see Henry and :rvIilovanovic's [1996] notions of the "recovering subject" and "replacement discourse;" discussed in Chapter 12, for a similar kind of analysis). Braithwaite (1995) described this as a move toward new fonus of "communitarianism" that are a social movement ;;Ul.d Lhdt focut'> vn the hnuily. Pin~llYI h10 ictenB ilre COHoiotcnt willi tliL notion of "restorative justice," which involves bringing together offenders and victims in :rnediation programs designed to reintegrate both into the community rille! allow hoth a participative role in determining what is tile npprnprlnle level of rpstitut]Oll or reparabon. Restorative justice
?02
Essential Criminology
will be discussed further in the policy section of the next chapter, since it is an emerging policy for how communities are coping with juvenile crime. In many ways, the policy implications of labeling I-heory are very radical and are not acceptable to most Americans, who have been feel a media diel of punishment and the guick fix ("Three strikes and you're alit") from politicians. As a result, the practice of such measures as stopping prison building is confronted with the realit:y of massive prison-building programs. Mandatory prison sentences for first-time dnlg dealers, however, such as college students occasionally selling cocaine to friends, who then get eight years in prison, with all that involves to Iheir potential identity, suggests that labeling theorists may have CI point, especially in the case of SOfllP kinds of offenders.
Summary and Conclusion In this chapter, vve have looked at two sOc1
Summary Chart: Control Theory and Labeling Theory 1. Control] 'I1r01"l/ Basic Idea: Explains why we do not all C(lllHllit (Time; clClims \ve do if the conlrols llf'VPl fe'nn ur Clre worn awCly.
Failed Socializatiull
21J3
Nature: Humans are seen as rationally calculating, self-interesled, and selfish actors (as in classical theory) whose behavior is limited by connections and bonds to others who are significant reference groups for them. Society and the Social Order: Consensus. Law is an expression of the rules of the conventional society. Criminals are those for whom bonds of care for others never formed or are removed. We are all potential criminals. Causal Logic: Crime results when people are not socialized into a bond with society and do not develop a stake in confomlity. S?cial bonding consists ~f four elements: (1) attachment to teachers, parents, fnends, etc. and the deSIre not to lose them or hurt them; (2) commitment to conventional behavior, with a willingness to do what one has expressed in trust; (3) involvement in conventional activity, especially school related; and (4) belief in the need lo obey conventional rules and in the institutions of society. Criminal Justice Policy: Ensure an adequate level of bonding between youths and conventional society Ulrough intensive socialization in traditional and conventional values. Criminal Justice Practice: Prevention and rehabilitation through increased bonding; strengUlened families and increased commitment to conventional occupations by work-training schemes; reinforced participation in conventional activities at SdlOOl. Evaluation: Explains crime by all social classes; has been empirically tested and has highest level of support of all theories of crime causation, but fails to explain differences in crime rates or whether <:l weakene.d bond can be strength~ ened; does not distinguish relative imporlance of dIfferent elements of the bond; does not explain how Ulose highly bonded to convention commit crime or how bonding can actually be used as leverage to coerce offenders who are committed to the high rewards of their jobs and will do anything to keep them; does not explain ethnic and class influences on beliefs or school performance; does not consider role of delinquent peers and subcultures in breaking bonds. (-{uman
2. Labeling ]Jwory Basic Idea: As a result of negative labeling and stereotyping (especially by society's conlrol agents), people can become criminal; crime, then, is a self-fulfilling prophecy rooted in t11e fear that people might be criminal. I-Iuman Nature: Humans are malleable, pliable, plastic! and susceptible to identity transformations as a result of interactions with others and based on how otllers see them. Human behavior is not fixed in its meaning but open to interpretation and renegotiation. Humans have a social status and humans are inextricably social beings who are creative and free to interact WiU1 olhers but when they do so become subject to their conlrols. _ Society and the Social Order: A plurality of groups domInated by the mod pow erful, who use their power to stigmatize others less powerful. Law is the expression of the power of moral entrepreneurs and control agents to determ.ine whidl behaviors are criminalized and which are not. Rules are made that nnpule ancillary qualities to the deviator. Conflict over legal and public defini-
204 bons of crime allLl deviance. Crime is d status. Crimillcli is d 5ucj,dly ml1slructed public stereDtype or "master status" fnr lhose who CU!llru] d~ellts identify as breaking the rules of those in power. We Ldll all become criminals jf \ve hi:l\'e the misfortune to become subject to processing by the criminal jtlstict:: system. Causal Logic: Social control agents CJLlSe crime by their dramatizing of it and by their excess reaction to people's expression of individuality. Puwl'rfuJ group~ ban behavior and then selectively enforce the ban thnJtlgh control cl:jenls, such as the police, psychiatrists, social workers, etc. Some peuple's balllled behavior is seen as significant, is reacted to, and is made subject Lu ntfili ,II 8g,ency processing. Le01ert distinguishes beh'\feen prillwry and secondary ndt' brt',-iking, or deviance. Primary deviance is the incidental and occasiundl nde lJre,lhng that we all do; selective application of rules to some offenderf:; pruduces stigma, which Goffman describes as a spoiled identity ilnd a master status; this results in a deviant and negative self-image. Others engage in "retrospective inlt>rpretatiun," perceiving the actor as having always been dl2vianl and reinterpreting past be· havior for "signs" and "cues" of curren I status. Attellipts at stereotypical designation may initiaJly be negotiated or bargained ovel~ itS in psychiatric assessments or police discretion, but if the designatiun is pursued 10 formal processing the result is individual role engulfment in a deviant career. Secondary deviance is the repeated rule breakillg th8t comes from us believing that we are now the people th8t we have been !
8 --
-----~~~~~~--
CriJnes Of Place Social Ecology and Cultural Tlzeories of Crime
Two Edward lJllIes Olmos movies, Thl' Family: l..,li Familia and American iVIe, provide stirring documentaries of Hispanic gang life in California. In. Fi'lstLos Angeles, lhere have been Hispanic "gangs" for a number 01 years. These gangs are often generatiollClI ill nature; current ~embers typically have relatives who were members of the same gang III years past. The~gang:" [lave Cl strong llffiliation with certain neigh~orhoods,.staking nut turf lines that coincide with neighborhood boundanes. To theIr membeTS, the gangs sprve a function in the "hood." They preserve the ethnic qllality and Supp(lsedly provide "rites ol passage" fOf,young males enterinC' i:ldulthoocl. SllIdies or California gangs and those 111 New York, \Nashin~ton, D.C., and Milw,:mkee also show that gang memb~rs are variably involved in irregular employillent in the drug economJE'S of the area. These produce an income rang,illg from $300 to $3,700 per mantI: in areas of cities that have little formal employment (Fagan 1991; MClC(OUIl and Rouler '1992; I-lrlgedorn 1994). But some "homeboys" desire (I conventiolli'll US. lifestv-le. They want to settle down in a conventional job, live "villi a \vife 'lnd I,jds, and, most of all, lenve the street life (l:-Iagedorn 1994, 211). Ecological theorists seek to explain why such patterns of criminal aCtivity occu; in specific geographical areJS and why they persist over time, evel~ \\'hen origin
yel emlurJllg, SoClal [ael- (2l1l1l1, IJ7). CflminolOgJsts IJKe lJell,UI, WnD ex
amine the connection bel ween crilllf' <'"mel geographical space, Clre l
205
206
Essential Criminology
way humans colonize geographical space. As a criminological theory, social ecology involves the study of "criminal" places. Certain neighborhoods, homes, and places remain crime problem areas for years, regardless of the particular people who live there. These places gain bad reputations (e.g., "Sin City") and afe known as areas with high levels of street crime, such as robbery, drug dealing, and prostitution. People lmow better than to wlllk there alone at night, park their car there, or look lost or confused ·when passing through. Omitted from the commonsense and media accounts, however, are explanations of the economic and polilical forces that \vork to create and maintain these criminal areas. In this cha pter, we look at the main themes of social ecology as well as the related cultural theory, each of which contributes to understanding how crime becomes spatially concentrnted. We also examine the recent developments in social ecology and cultural theory that make a more critical analysis of its cl1iving forces. Social ecology theory examines the movements of people and tileir concentration in specific locations. In Western nations, the most significant transformation of populalinns occurred when agricultural workers moved into the cities during eighteenth- and nineteenth-century industriaHzation (see Chapter 3 for more discussion of population migrations). This flow of people to the city and its tendency to be associated with areas of criminal activity was first described by nineteenth-century social reformers such as Henry Ivfayhelv and Charles Booth, who prOVided rich descriptions of the criminal areas of London known as "rookeries" (Ivrayhew [186]] 1981). The Belgian mathematician-astronomer Adolphe Quetelet and the French lmvyer-statistician Andre IvIichel Guerry of the "cartographic school" were the first to gather quantitative data on the residential addresses of delinquents and showed how these were associClted with locality. During the late nineteenth and early twentieth centuries, the U.s. economy, like ti1at of Europe, was shifting from agriculture to industry, and consequcntly cities like Chicago were growing at a rapid and unprecedented rate. In the fifty-seven-year period from 1833 to 1890 Chicago grew from 4,100 residents to 1 million and just twenty years later had reached 2 million, largely fueled by waves of immigration from Europe, the South and rural areas (Lilly, Cullen, and Ball 2002, 32, citing Palen 1981). Chicago faced exaggerated grmvth, social opporumities, and prosperity, but also mushrooming poverty and social problems. These changes, coupled 'with the presence of the first U.s. sociology dcparr.men(' (establi5hed in 1592 altl1e University of Chicago) made Chicago 1;1 natural laboratory [or sociological research in what became kno'wn as the "Chicago SchooL" James Short, a sociologist from the University of Chicago, has described the department and many of its members, themes, and contribul'ions (Short 2002). Chicago sociologists gathered both st<1tis-
('rill/P." (~r Place
2U7
tical and qualitative data that seemed ('0 demonstrate Ulill crime was a "social product" of urbanism. This shjfted the theoretical focus from iln emphasis on individual pathology (biological and psychologic",l differences) as the cause of crime to the social, cultural, and structural forces ae companying tile massive social changes laking place (social pathology). We will discuss the Chicago School's contribution in more detClil ilfter ex> aOlining the core themes and asslHllplions that characterizE' ~hp averill! posilion of social ecology.
Common Themes and Assumptions Soci",l ecologists see humans as sOcli'l1 beings shaped by their dependence on one another, their depe11dence nn the resources of their enviroIlJncnf, and the functions that they perform for l"lle system within their loc<1lizNI communities. Within these constraints, humans make rational choicps, but their choices mE' "pllvironmentally slnlCfured" (Einstadter and Henry 1995, 126). Social ecology holds both a confljd and a consensuS view of the socj(lj order. Individuals make up community and neighborhood units Cl lfllpefing with ellch other for scarce resources. This results in conflict. Yel thesE' different units also exist in a symhiotic balance WiUl eilch other and with the society as a whole. Nowhere is this more evidenl: than in the notion of a dominant or "mainstremn" culture, implying a consensual US. clllture cOl'ltilining a diversity of ethnic subcultures. Humans conform 10 their own groups and subcultures as these form in certain areas, yet they also conform to the us. cultural identity in terms of ideology andla\-\'. Early social ecologists believed that the driving forces of social change bringing together differenl groups in the cities would subside and that the dominant or mainstream ('ullure would absorb the diversity of differences. The failure of this to happen and the permanencE', rather thCln transience, of criminal areas led to lilter revisions in the theory 10 accol1nt for this tendency. Sociologist Rodney Stark has provided a helpful summary of the main themes of sori<11 ecology in answer to his fundamental question, "How is it that neighborhoods can remain the site of high crime and cleviaJlcE' rates despite a complete turnover of their populations?" He believed Ih(1l "there must be something about lJ]aI'es as such that sustain crime" (Stark ]987,893; emphasis in original). Concentrations of population, a~glJr,Jd Stllrh.,leud to incrf'.fl~f:lcl popul~tion dens;ty,.vhich bJ~lnba Feople from ClJr~ ferent backgrounds together. This coming together increases the level of moral cynicism in Cl community as private conflicts become public knowledge and poor role models bl"cnme highly visible. Dense neighborhooels have crowdf'd homE'S n,:'sIIHillg in Cl grellter tendency for people to
F'.f>selll ill] Crilllillt']oSY
2U8
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congreg
succeedinB in
I.h,,~
i""er' cit)' (8«l1'1<; 191-'\7/.
For Wesley SkogzlIl n986), a similar patlern can begin frOTH a series of fear-driven events that cause people to withdmw from COllllllllllity life, which weakens infofTllal social controls. Fei'lr also !1rnducf's il redlll'l itlll in organizational liff' and bw:;inE'ss ;:jclivily.
Three major dimensions left lllideveloped in early sodal eculogy theory bl1t taken up in recent-theorizing are (1) the pnlitical-econumic forces that caLise populations to concenlrate in the first place, (2) the dynamics of
these forcl.:'s withiu a neighborhood, and (3) how these forces impact the systemic relationships between neighborllood nel\vorks, extracornmunity networks, and social control. We discuss these issues laler in this Chdpter. Firsl, we review the contribution of the Chicagu School researchers who developed what has been described as "nile of the most ambitious data collection projects ever allempted in the United States," and whose "key ilUlOvaliv~ aspect ... was the interpretation of the spatial patterns within the context of human ecolugy and social disorganization theoretical frameworks" (Bursik and Grasmick ]\)95, 10K).
The Chicago School Robert Park, a newspaper repurter who became a Sl H.:iologist dnd ,:hair uf the University of Chicago's department 01 ::;uciology, made SOllle important initial observations. First, he deduced thai like any eculogical system a city did nut develop randomly. Park (Park and Burgess 1920; Park 1926; Park, Burgess, and McKenzie 1925) believed thai the distdbution of plant aIld animallife in nature held important insights fur understanding the organization of human soddie::;. Just like plant and animal ('olonies, a city grows accurding to bask social processes such as invasion, dominance, and accommodation. These produce a "biotic order that ctlmprises competing "moral orders." The second major contribution by Park and his colleagues was the argument that social processes are best understood through careful, scientific study of city life. Park's students and contemporaries built on these two themes and developed the very influential Chicago School. Among Park's most important followers \,vere Clifford R. Shaw and Henry D. IvIcKay, two researchers employed by a L'hild guidance clinic in Chicago. Shaw and McKay ([1942] '1969) used an analytical framework developed by Ernest Burgess (a colleague ut Park's) to research the social causes of criUle. This framework is knmvll as concentric zone theory. Burgess (1925) used five concentric zones, each 11NO miles wide (see Figure 8.1) to describe the patterns uf social development in Chicago. He rlrgued that city growth was generated by the pressure from the city center to expand outward. Expansion Uueatened tu l'lIcruiJch on the surrounding areas and did so in concentric waves. or cifl'l(--ls. with I:h(> center heing tl
the most intense, hllYin;; tllc Iligllcot demit)' dIllI highest occup;lIlcy. These concentrations become progressively less intense and uflower density wilh greater distance from the ccnter. At the heart of a city was Zone 1, composed ()f the central bllsinetis district (in Chicago this was kilown as the "Loop" because it was where the
2li!
Crimes of Place
PIGUHt 8.1
l''''''"'''rk Z""e Theory
Z"H~
COllUHuler trains turned around). This Wil:::; a cOffimercidl area that had valuable transportation resources (water and railways). Zone 2 was a transitional zone because it was an area of previously desirable residences threatened by invasion from the central business district and
1lT nf WlJrkillgmrl1'~ HIJIIl~~
IV
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V
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Burgt~~S
21.l
U925, p. 51).
MAPQl' CillGAGO
/.lArO£' OUCi\,.GO
industrial growth. The residences, which were already deteriorating, were allowed to further erode by slum landlords who were waiting to profit from increased land values. They did not want to invest money in repairing their property, however, and only aUracted low-income renters, those least able to afford a place to live. Th~se were typically newly arrived immigrants and African Americans from the rural South, v\'ho found it convenient to live close to factories in the hope of obtaining work. This zone was an area of highly transient people, and those who were able to move up and out to more desirable homes did so. Zone 3 was made up of workers' homes. ivlost of these people had "escaped" from Zone 2 and were second- and third-generation immigrants. Zone 4 was a residential suburban area of more expensive residences. Zone 5 contained the highest-priced residences and was called the commuter zone. This zone contained Single-family dwellings and was 11l0st desirable because of its distance from tile hustle of downtown, pollution from factories, and the poor. The most influential white miJdle- and upper-income residents lived here and were imbued with tile dominant mainstream culture and values. According to social ecology theory, these concentric zones were based on patterns of invasion and dominance cornnlon among plants. Each zone or circle comprised specific defined areas, or natural neighborhoods, each with its own social and ethnic identity: African American, German, Irish, Italian, Polish, Chinese, and so on. How could this ecological analogy explain crune? In nature, order is stable in settled zones and unstable ill transitional areas, where rapid dlanges to the ecostructure talee place. Applying this observation to the social ecology of U,e city, Shaw and McKay's ([1942J 1969) primary hypothesis was that Zone 2, the transitional zune, would contain higher levels of criTne and otiler social problems such as drug abuse and alcoholism, suicide, tuberculosis, infant mortality, and lnental illness. This would be tile case regardless of which racial or ethnic group occupied the area, independent of its economic iIllpoverishnlt~lIt,and primarily because of its level of "social disorganizalion."
Social DisorganizatION Zon~ I ale:;
olillille jllv~nik' deJillLjllL'ots, 19(}()-1906 scrit,s
Lllne filles of male juvl.'nile dL'!.inquelltH, 1917-1923 scril's
SOURCE: ShdVV and Ivld\'dY ([J942) l%~f p.69
Zune rilles of male juvenile delinquents, 192.7-1933 "Cl'jes
Social disorganization was a concept first coined by W. I. 'rliumas and Florian Znaniecki (1920) to explain the breakdown of COl1Ullullily dlliong second-generation Polish illtTIligrants to Chicago. They defined it as tile
212
Essential Crilllillulugy
"decrease of the influence of existing social rules of bella. viol' 011 i..ndivid {Ja! members of the group" (1920, 1128). More generally, social disorganization r~fers ~o a situatio~ in which there is little or no community feeling, re]atlOIlslups are transItory, levels of community surveillance are low, institutions of informal control are weak, and social organizations are ineffective Unlike an organized community, where social solidarity, neighborhooci c?oper~lion,a~d harn:onious action work to solve common problems, 50cIal~y dIsorganIzed ,nelghbor!lOods !lave several competing and conflicting ill.Olal values. Im~Igrant ch~ldren. ill these areas can become increasingly alIenated .from theI~ parents ethnIC culture as they adapt more rapidly to aspects of the dOllllnant culture, which in turn weakens parental control over the children. A further problem associated with social disorganization is the conflict in these impoverished areas between various ethnic groups over scarce resources. Finally, delinquency patterns themselves beCOille a competing lifestyle as a means of surviving and as a way of obtaining income, intinlacy, and honor. As Frederick Thrasher (1927), another Chicago School sociologist, demonstrated in his classic study The Gang, gang rnembershif provides a substitute for the disorganized and fragmented commumty, one U1at develops its own values and traditions of loyalty and s~pport for fellow gang members. Once formed, these gangs are self-sustaInIng as a source of "conduct, speech, gestures, and attitudes," ~rom whos~ me~be.rs a child "learns the ted1niques of stealing, becon.les mvolved ill b.11ldlng relationships with his companions in delmquency, and acqUIres tile attitudes appropriate to his position as a member of such groups" (Shaw and McKay [1942] 1969,436). . Giv~n Ed~vin ~u.therland's presence at the University of Chicago durmg thIS penod, It IS not surprising that there are parallels between this gang research, pointing to the transmission of criminal behavior patterns, and Sutherland's ([1939] 1947) differential assuciation Uleory (discussed in Chapter 6). The argument is that the environment provides the context for not only the transmission of criminal behavior patterns but also the failure to transmit conventional behavior patterns (the central point of control theory, discussed in Chapter 7). Social disorganization within certain areas o! a ~i~y creates th~ conditions for crime to flourish, independent of the mdlvIduals who lIve there or their ethnic characteristics. The lack of commu~ty integration and social control together witil the presence of contradIctory standards and values allows residents the freedom to dlOose crime (Walker 1994).
Initial Empirical Support To test Uleir hypoUleses, Shaw and McKay (1931, [1942] 1%9) examined 56,000 official court records from 1900 to 1933 and created "spot maps"
Crimes of['lace
213
based on 140 square-Inile areas. On these maps, they located the residences of juveniles (aged 10 to 16) who were involved in various stages of criminal justice adjudication. They then created other maps, or overlays, thAt showed community factors such as demolished buildings and the incidence of tuberculosis and vagrancy. Ri'lte maps were then constructed indicating the rate of male delinquency for each zone. The final step was to create zone maps. These confirmed that community problems were concentrated in the zone of transition (i.e., Zone 2). Shaw and rvlcKilY'S research showed that official crime rates were greatest in Zones 1 and 2 (in the 1927-] 933 series ranging from 7.9 to 11.9 percent in Zone 1), declining with distance outward from the city (being as low as 1.7 to 1.9 percent in Zone 5). TIle pattern persisted over forty vears, no matter which ethnic group or nationality moved into the area ~luring each new wave of immigration. Shaw and !vIcKay also found that official delinquency rates varied wilhin a zone. For example, Zone 3 (working-class homes) was 2.6 percent on the North Shore side of Chicago, but was nearly double at 5.7 percent on the South Side. Subsequent research confirmed the same patterns in eighteen other cities (Shaw and McKay [1942J 1969) and over a period of sixty years has demonstrated that" official rates of delinquency decline with movement away from the irmer city" (Shoemaker 1996, 80). As some commentators have observed, the fact that delinquency areas persisted after the immigration waves of the 19305 subsided eventually caused Shaw and lVIcKay to change their explanation of delinquency. They subsequently emphasized the importance of economic pressure and the response to "strains experienced by economically deprived people in a society that encouraged all citizens to aspire to [monetary} success goals" (Gibbons 1994,30; Finestone 1976). This anticipated Merton's strain theory, which we discuss in the next chapter. Nevertheless, the Chicago School of sociology moved crinlinology away from individual pathology and personality traits and toward social pathology and the view that "crime and deviance were simply the normal responses of norma] people 10 abnormal social conditions" (Akers 1994,142).
Limitaiions and Policy Implications of the Chicago School's Theory Despite the Chicago School's considerable impact on criminology and U.s. socirtl policies (discussed later), there fire several notable criticisms. For example, Alil,an (1938) argued that the use of plant ecology was based on a series of f(llse a:nflJogies that resulted in the fallacious error of using aggregate-level data to explain individual action. This criticism questions the entire theoretical basis of the ecological theory of the Chicago SchooL Known as the ecological f?dlacy, this major defect involves making assumptions
214
Ess/'Il/inl ('l'imhw!IISy
abo~lt i.nd~viduals based on group charactelistics. The Chicago School primanly relIed on aggregate, group-level cl'lt, M b(lgt. £h::lW "nd McKay's research may only apply to the slrudnre of U.s. cities. . The policy implications associated with the Chicago School's social ecology .theory ar~ massive in nature and would require dralllntic changes m economIC structuring to he fully implemented. To their credit members of the Chicago School, E"specially Clifford Shaw, applied thei;
CriJlLeS of Place
215
theories to reducing delinquency by attempting to strengthett the sense of cOI11Hlunity and increasing the levels of social organization in disorganized neighborhoods (Kobrin 1959). In 1932, Shaw developed the Chicago Area Project (CAP) to assist with developing social organizations through involving neighborhood residents in setting up local groups and clubs for youths. Adults in the affected communities ran these groups (to prevent imposing a dominani alien middle-class culture), and through them the progralns attempted te combat neighborhood disorganization in several ways. First, they orga· nized recreational activities such as athletic and youth leagues and sum· mer camps. Then they sought to reduce physical deterioration in thl neighborhoods. CAP staff- members also tried to help juveniles who can11 into conflict wiU1 U18 crin1inal justice system. Finally, they provided curb side counseling to troubled residents. The objective was to allow local res idents to organize activities that would reduce crime at the local level. The Chicago Area Project n1et with mixed success. Because the projec was not subject to controlled eU1pirical evaluation, scientific veriHcatio was impossible. Schlossman and his colleagues (1984) provided a corr prehensive evaluation, however, which concluded that the project ha been successful in reducing reported delinquency, although other evalUi lions of similar projects have found little success (Miller 1962). Overall, a major limitation of Shaw and McKay's researd1 was their Ul willingness or inability to act on the economic and political realities of iJ ner cities. The saIne business owners who drove the engine I environmental deterioration sat on the Chicago Area Project board ar contributed financially to the project (Curran and Renzetti 1994, 14 Snodgrass 1976). Similarly, the "natural" areas of the city were actual planned for and governed by statutes and ordinances (Suttles 1972). suggests U1at any ecological criminology has to account for the role economic and political power in order to explain how enviromne causes crime. What is needed-~and to some extent has been provided recent contributions to social ecology theory--is a political economy urban ecology. As Shoemaker (1996, 89) has observed, "The theory of' cial disorganization, as principally developed by Shaw and McKay, r merit in U1at it has pointed to social causes of delinquency U1at seenl to located in specific geographical areas.... The theory would appear be generally accurate, but incOlnplete." More recent developments social ecology theory have attempted to address this deficit.
n
The New Social Ecology Theories Since U1e 19605, social ecology theory has taken three distincl but rela new directions. The first, which we call design ecology, relates to the is
21u
bselltilll
{~rinlilloliJSY
of space and design. The seCllnd directioll, \vhicll we cdll t:rifit'lilecol0:5Y, tries to tdke (lL'l.:otlllt of the political and ecunolllic forces in creating and shaping the space that is used to facilitate crime, 'rill' third direction we l:alJ illlesmlt'd and sysklllic ecology; it suggests thelt . . v hat is required is a systemic approach that focuses on the \vay ecological theory interrelates with biological, social [eanling, routine activities, ratiullid choice, and cultural theories. A related version focuses on the regulatory capacities of relational networks in neighborhoods and betwt'en then\. Let us look briefly at each of these new directions in ecological theory.
DesiglI Ecology During the 197Us, ~everal cril1linulogi:-;l:; \:idiJllCd tilat tIle physical design characteristics of urban neighborhouds ('ould be manipulated in a way that would reduce street crime (Jeffery FJ71). A notable contribution t~l this literature callle from Oscar Newman (1972, 1973), an architect and city planner from New York who argued that crime prevention should be part of the architect's responsibility. He believed that crime prevention should create areas of "defensible space." Newman argued that preventing crime rec1uires enhanced feelings oJ territoriality dlllung neighborhood residents, which in turn leads the residents to protect their neighborhoods through self-policing. l-:1is planning and design strategies are aimed at reassigning "ownership" of residential space to reducE' the ml10unt of C011l1non, multiple-user, open space because residents carmut dssert respollsibility for these areas, leaving them open tu crime and vandalism (Newman 1996), Newman claims to demonstrate that physical environment can be used to define zones of influence, clearly separate public from private zones, and pruvide facilities with zones to meel occupants' needs. Re-creating a sense of ownership by diViding areas iH1d assigning them to individuals and small groups to use dJld clllltrol i~ulates criminals because their turf is removed (Nevvman 1996). To achieve this aim, city architects and plalU1ers should include a significant component (If physical security elements, such as restricl('d pedestrian traffic flow, sillgle rather U1an multiple entrallces, regulated elltry, and dear boundary Illarkers. Newman maintains that phy~ical desi,ljll can also be lLsed to improve surveillance through better windows, lighting, dIld altered traffic now. Planning safe residential zunes next to other safe lacilities adds to the overall effect of crin1e reduction. Finally, according to Newman (973), distinctiveness of design, such as height, size,material, and finish, can reduce the stigma [If a neighborhood, The impact of the defensible space U1eory h,b been enormuus, and it has recently been merged with rational dlOice dilL! routine dclivilies theories (Gardiner 1978; Clarke and Mayhew 1980), which \ve di~cussed in Chap-
Crimes l:f Place
217
ter 3, to heconw i't miljnr movement: crimE' prevention Uwnllgh environmentol design (CPTED). Research in this area suggests that crime and the fear of it Glil be reduced by paving llUentiulI to four key sets of physical features: (1) housing design or block layoul, (2) land lise and circulahon p
Critical EcoloSY A second ne,v direction t;;lI-:f'1l in the social ecnlngy literature, \vhich we call critical ccoltJgy, triE.'s to take account of the polilical and economic forces ill creating and shaping the space that is used to facilitate crime. Research has revealed thcllthreekinds of political decisions affect the formation of criminal areas: (I) local government planning decisions, (2) local inslihlliulls, nnd (3) public policing decisions. Local government cart eXncerbate social disorganization by concentrating problem residents in older, less desirClble huusing, which msulls in delinquent areas (Morris 1957; Gill 1977). Other studif's, however, shm\' \:hilt the concentration 01 problem families, even ill new and well-maintained privately owned but subsidized "Section 8" housing, can also result in criminal areas (Weinstein el AJ. 1991), Such low-income housing becolll(-'s a refuge for clnlg ITCldillg, associated criminal activity, high levels of domestic violence, and child neglect. But this concentration is not simply i1 nalllri1[ development, for Uwithoulthe forces of political ecollomy and state, those affecled mas I by economic Iransforrna1inns would remain relatively dispersed" (Weinstein et a1. 1991,54), Local institutions can also impact the extent of collective efficacYl social capital, and thereby social control. Schools and churches that are mistrusted will not be able \0 rUI1 effective after-school programs. ConlTI1unihes that do nol take the political initiative to develop coordinated action bchveen their businesses, schools, i'lnd voluIllmy organizations to rle~ velnp
Essential Criminologu
Crimps (~f Plate
concentration of alcohol outlets, which reflects business power, correlates with increases in violent crime (Costanza, Bankston, and Shidadeh 1999; Peterson, Krivo, and Harris 2000). This supports the assertion proposed by concentic zone theory that the further one moves from the city core,
Systemic ecology moves away from the idea thnl socird disorganization demands a policy response of socicd organizabnn and instead suggests that what is required is a "systemic model that focuses on the regulatory capacities of relational networks that exist wilhin and bet\veen neighborhoods" (Bursik i1nd Grasmick 1995, lOT-lOS; see also ]Q93a, b). We call this systemic ecology, and it dr(-lws heavily on the idea of "social cnpital." systemic theory focuses on ecologicrd dimensions of social ordeJ (Capowich 2003). Under this theory, the composition {If (-l neighborhood can help or hinder the development of "social networks" (Dellair 20(0). systemic social disorgcmization impacts control at the neighborhood level "through its effects on the private (primary relationships among fnmily), parochial (informal networks of friends ann acquaintances), and public (neighborhood links with public agencies) diJJJensions of social order" (Capowich 2003,41). The systemic crime JJJuriel (Hellnir 2(}OO) is shown ill Figure 8.2.
218
the weaker the relationship between alcohol availability and violent crime (Costanza et a1. 1999). It also supports the critical ecology argument that business decisions which are not regulated by community plaru1ers
can result in increased crime problems. Finally, as well as informal social control, communities need the resources of public formal control, which means an effective pollee presence. Research has shown that in the absence of adequate levels of formal policing, criminal gangs and drug operations can readily locate in a neighborhood (Klinger 1997). As Siegel points out, 111e police presence is typically greatest when community organizations and local leaders have sufficient political clout to get funding for additional law enforcement personnel. ... In more disorganized areas, the absence of political power brokers limits access to external funding and protection. Without money from outside, the neighborhood lacks the ability to "get back on its feet." In these areas there are fewer police and those that do patrol the area are less motivated and their resources are stretched mnre tightly. These CODlmunities cannot mount an effective social control effort. (200,!, 189)
Clearly the critical ecological perspective suggests that a combined effort by local political leaders is necessary to make a difference to the ability of effective social control.
integrated and S'jstemic Ecology A third development attempts to bring together va rious aspects of previous developments in social ecology theory. One version, integrated ecology, is an attempt to integrate ecological, biologicat social learning, routine activities, rational choice, and cultural theories. This began with Cohen and IvIachalek's (1988) evolutionary ecological theory and was extended by Bryan Vila (1994). Like early social ecology, it looks at human adaptation to the environment but pays particular attention to cultural traits based on socially learned information and behavior, the evolution of which can be "guided." This approach enables criminologists to "integrate ecological factors that determine what opportunities for Crinll? exis~, lTlicro-1evcl factors that influence an individual's propensity to commit a criminal act at a particular point of time, and macro-level factors that influence the development of individuals in society over time" (Vila 1994,312). \lVe consider this and other integrated theory in the Conclusion of this book.
Figure 8.2 Bellair's Systemic Crime Model -----_•.•. _--'-_
.. ,---~----,-
._--.-
Social Netvvorks --------+-----------lnfor111n I Cnntrnl------ -
~-----Stre,et
Crime
Drawing its theoretical framework from Wolter Buckley's (.1967) systems theory, Robert Bursik and Harold Crasmick Cl t)g5) nole four components of their expanded social ecology of neighborhood-based networks and crime. First, they argue that it is necf'ssary to take into ClCCOlHIt the totality of complex interrelations between indivich.Ji1ls, gronps, (md associations that make up a community. We nIL!.st cOJlsider Cl) how these networks and ties serve to integrate residents inlo illlifllnlP, infonnal, primary neIghborhood groups that operate to privfllely control behavior (Bursik and Grasmick 1993b) and (2) how a parochial level of control operates 10 sign?ll external threats and supervise neigllborll(lod children ill;:j general way and throllgh commllnity organizalioJls. Second, Bursik and Grasmick ilrgue thelt the degrep Ilf syslemness will vary across social strnctllres in (l community depending nn fadors such as size and densil'y of the networks, with lllnny-member small-location networks tending to have lower crime rates; scope (closure) of crosscutting ties, \vilh increased ties across different cultural, ('thnic, and rilcial groups helping to reduce the crime level; rp(lchabilily, or the reall'lbility of network members tD meet; content, or l1::t.tUfP of the IlPt\,vork ticS; cllll'nrUity, or the length the network has existed; intensity of the obligation of network members; and freqllency with which llleIllhers lise Ille network (Bursik and Grasmick 1995, 115 I1fi). The hypotht'sis is lhat fleighh(lrilOOds with lClfge, dense nelworks, llliniJl1al bnrriers behvP('1l groups, illld
220
ES81'11filll
('rilllil/plo,\:l/
Illembers \-vho meet IT'gu];uly
22/
The problem with the e.. . bting ::;ystem lIludel it; Uldt il is preutllllinanUy structural Olvanizatiul1al factur~. Barbi::ll'd Vvarner (2003) eS1b '-'- arnund . 0 I . '[1""{ afLTues lhat we need to cuntiider both structural and cu.lt.lu~al weal:ness that w~rk together 10 reduce informal social control, lreemg reSidents to ~·]ge ,·n varieties of law-violalino- b.ehavior. Site states. that cult.l.[r.al eO ·0 ... .. . . \.ve~knesses (attenuated culture) affect sodal cillltrul because reSIdents do nul perceive their neighbors as holding Clllivenli.onal. values,. d~ not ~e~ themselves as similar, and therefore do nul :,ee then' lIeIghbors I1Itervemng to control crime. Her moclL'l incorporating butlt struclura_~, and ~ultural components and how they affect social cuntrol is shown in hgure 8.3. l
V
(
Figure 8.3
.
Warner's Integrated Cultural Attenuation System Model
IJlf<'rllI,d Sut.:idl CunLrul
Source: Warner (2003: 87)
~ystell1ic Ecology Policy. The systemic ecology uf Bl~rsik dlld G.ra~mkk, Sampson and colleagues, and Warner drmvs on cun::ilderable eXlsllllg research, but many of its new ideas remain to be tested. In one recent analysis Capowich (2003) examined eight Chicago neighborhoods and found empirical support. It has significant policy ilnplicatlons t.l:at go beyond early social ecology theory, particlJ!<Jrly at the level of public control, Illlportantly, the development of crirne-prevent.ive netwo~·ks is related to the perceived effectiveness of crime control and the rdal1011s between local community representatives and law enforcement agencies. Bursik and Crasmickaro-ue that "the developn1ent of extracomrnunity networks for the pllrpose~ of crime control presuppuses at least a minil11~~ s~t of private, parochial, and public control structures U1at can faul1hanze local residents with the operations of public and private agencies and can represent the community to these uIIlslituencies so that the relationship can be developed" (1995, 121!~121). Where thebe do n(>t exist bec
222
tis::icntial Crilililwlogy
and physical disorder CiJll result in crime. Wilson and Kelling (1982) first presented this "broken windows" thesis in 1982. As visible disorder increases, so do fear and isolation (Kelling and Coles 1996). Eventually more serious forms of crime will grow in these areas (Cordner 1981, 1995). Also crucial tu the developlllellL of crime~prevenlive networks are the solicitatiun of uther resources, such as those for public works, those proViding financial and mortgage activity conducive tu residential improvement dnd mubility, and those affecliug daily services such as garbage clllleclioIl, sewer repair, enviromnental protection, and so on, all of which irnprove the physical ambience of neighborhoods (e.g., Kennedy 1996; Weisel and Harrell 1996). Organized neighborhoods that fail to integrate into U1e wider political, social, and economic systems may well be vulnerable to high crill1e and delinquency. This can only be counteracted through fost~ring iutracummunity linkages and networks among constituencies of heterogeneous neighborhoods and paying attention to how reSOllrc~s can be channeled to them. Finally, Warner (2003, 94) argues that "building strllngel' C01l1111UniLies will require, not only strengthening the structural arrangements therein, but also strengthening the culture ... creating opportunities tor residents of all neighborhoods to live out cunventional vailles such that those values are visible and alive within the community." Under the Clillton pr~tiidency the u.s. government supported several programs that llleet the criminal justice policy implications of the new social ecology theory for a more coordinated community-based approach to crime prevention (Conly and McGillis 1996). Through ti,e Office of Justice Programs, funding has been provided to communities to bring together guvenunellt officials, service providers, businesspeople, and residents to identify crime-related problems and mobilize a broad spectrum of comIII unity resources (Robinson ]91)6). For example, Project PACT (Pulling America's ('omrnllnities Together) has been established in four states to "empower IUt:al cummunities to address youth violence by developing bruad-based, coordinated anti-Violence strategies" (1996, 5). Another C0ll1111Ullity-based prugrarn, SafeFutures, operating in six sites, includes cOlnpOllents such as after-school melltoring, family-strengthening programs, mental health services, alld gang prevention intervention and suppression for schools (I\obinson 1996,5; Conly and McGillis 1996). The Justice Department has even promoted experiments in transforming the criminal jus~ice Sy",!t...·lTl lOWi.lxd lhe concept of re::;torative justice, or community justice. Restorative justice (discussed in more detail Chapter 12) hulds the offl:!llder accuuntable to tile victinlwho has been harmed and the community that has been disl'llpled: "Restorative Justice seeks not to punish for
Crimes vf Plilee
223
punishment's sake but to right the wron~, to repair the dama?e ~,o the ~x~ tent possible, and to restore both the victim and the cOllunumty (RobInson 1996, 6). It combines the philosophies of restitution, which involves making the victim whole, and reparation, which is compensating the community, typically through some fonn of community service. In some cases, these sentences are determined by trained community boards; in olhers, they are the outcome of citizen dispute settlement programs; and elsewhere, tl1ey involve a "family group conference" designed to shame the offender's behavior (rather than the offender as a person) and explain the full impact of the crin1e on tl1e victim and the community (Robinson 1996,7). This latter developInenl draws on Braithwaite's (1989) concept of reintegrative shaming: Offenders are made to feel guilty for their offense but brought back into the community instead of being ostracized or rejected by it. Community-based approaches to justice include victim-offender medidtion, in which victims and offenders discuss the impact of U1e crime and a means of reparation (Umbreit 1994), as well as the more familiar community policing (Skogan 1996; Trojanowicz and Bucqueroux 1995). The experimentation in transforming criminal justice in some cities also involves neighborhood district attorneys, cOlnmunity defenders, community courls, and community corrections, all of which were first suggested by Danzig (1973) in his selninal paper on community justice. Neighborhood district attorneys are engaged in community prosecutions designed to reflect the specific concerns of residents and businesses for safety and to devise alternative ways to use the law. These include civil remedies and bringing people together to negotiate and solve problems. The neighborhood dish·iet atturney also acts as an advocate for U1e community (Boland 199b). Commw-uty defenders represent people from a community who Co11not afford lawyers via a team-based approach focusing on the whole experience for U1C offender, not just the trial (Stone 1996). Community courts invol ve citizens actively participating in the judgment of offenders (Rothnan 1996; see also Fisher 1975). Finally, community corrections involves an orientation to the "place" where the offender lives and working with ti,e offender in that place (Clear 1996). Let us now turn to cultural theory, which in many ways grew out of early social ecology and, as we have seen from U1e previous discussion, intersects and interrelates with later versions, particularly through the integrated systemic ecological theory.
Cultural Deviance Theories Ecolugicdl theorists argue thdt environmental conditions in certuin places create or encourage crime. Cultural theorists observe that people from
224
Esselltial CrilHinology
Crimes of Place
225
different origins and ethnic groups have distinct cultural heritages. One group may numerically or economically dominate, and that culture is then considered "normal" or mainstream. Members uf a "minority" culture may have values and cultural nonns that are in conflict with the dominant culture. Sometimes these behaviors are criminalized by the dominant culture, making criminals of people who dre doing what- they would normally do: conform. For exaulple, sume southwestern Native Americans have traditionally used peyote, a cactus containing a hallu~inoge~, in"their :eligious,,~ites. The state of California legislated against peyotism, argumg that It seemed to threaten the Indians' relationship to larger soc,iety" and JI~o be a reversion to uncivilized practices, wholly out of place 111 modern tImes" (Morgan 1981, 162). The norms. a~d ~ehavior patterns of each culture are taught by a process of sOClahzahon and social learning in the manner we described in Char:ter 6. Th~s people are seen as being born equal and are thought to acquue behaVIoral patterns through learning from OU-lel'S in their culture. Regardless of whether a culture is dOlninant or subordinate, the means of learning behavior are the same.
cultures with norms that conflict with the dominant ones. Religious cults, such as the Branch Davidian cult in Waco, Texas, which in 1993 ended with the death of ninety adults and seventeen children after a three-month standoff vvilh ATF officers, provide excellent illustrations of culture conflict theory. Sellin distinguished between two types of culture conflict: primary and secondary. In primary culture conflict, the norms of the subordinate culture are considered criminal in the new (dominant) culture. In secondary culture conflict, segments within the same culture differ as to the acceptahility of conduct norms. In other words, one social group defines something as deviant or criminal, yet others in the same culture consider this behavior normal cmd noncriminal. Sellin argued, "The more complex a culture becomes, the more likely it is that the number of normative groups which affect a person will be large, and the greater is the chance that the norms of these groups will fail to agree, no matter how much they may overlap as a result of a common acceptance of certain norms" (1938, 29). We consider secondary culture conflicts and subcultures as causes of crime in the following chapter.
Sellin's Culture Conflict Theory
Limiiatiol1s and Policy Implications of Cultuml Theory
The _~irst subst~nt.ial cu.lture conflict theory was presented by the Swed~sh-b.ornc~mllnOlogIst Thorsten Sellin in 1938. As we have already seen, In thIS penod the United States was being urbanized and saw an influx of many immigrants from southern and eastern Europe. These new arr~vals had very different cultures from previous immigrants to the Umted States. In Culture COllflict alld Crime (1938) Sellin argued that legal defmltIons are relatIve, changing over time as a result of changes in conduct norms. Conduct norms are associated with a culture and define some behavior as acceptable and other behavior as unacceptable. These norms regulate an individual's daily life and behavior. But different cu]~ural grou~s have dif~erent ideas about what behaviors are appropriate or mappropnate, what 15 acceptable or unacceptable, and what should be considered criminal. In other words, conduct norms are different for different cultures. In U.S. society,. b~havior defined as criminal by those sharing conduct non~s of the mal.onty culture is legislated against by its members, who dommate the leglslature and the institutions of govenunenl. TIle differ-
Insofar as crime is the result of cultural or subcultural confonnity, policies based on deterrence are unlikely to be effective, since individual members of these groups perceive their actions as being proper and appropriate basecl on their cultural or subcultural values. VoId and Bernard provided a succinct description of the problem: "Cultural theories suggest that there are at least some norn1ative differences among groups about rules for expected behavior in specific situations. But groups with norms are necessarily low-power groups, or they would protect and defend their norms in the processes of the enactment and enforcement of criminilllilw" (1986, 295). For these reasons, Sellin argued that criminologists should reject legal definitions. Instead, they should base their definition of crime on the breaking of any conduct norm. Indeed, he argued that criminologists should construct their own scientifically based classification of norms into universal categories. Little has come of this idea, perhaps not least because, like Climinallaws, conduct norms are likely to be cOllslilntly changing (Gibbons 1979, 67). With regard to empirical testing, very little hus been done. l\esearch has been conducted on subcultural
ence, in cuI lure norms belween
U1eory, Wl1ich we coI15ider in tile next clltlptcr.
U1e dominant and subordinate cultures
create conflict. Conflict occurs when follOWing the norms of one's own culture causes a person to break the legislated conduct norms of the dominant culture. In this theory, then, crime is not a result of deviant individuals but of conforming individuals who happen to belong to
To date, the policy for dealing with culture conflict has been through a process of assimilation. Over time~sometimes generations-a subcult-ure or different cultnre assimilates the valnes and behaviors of the dominant culture. In the past, imn1igrants to the United States learned to speak
226
Essential Cri7l1hlology
English and ultimiltely! at least by their second and third generations, "behaved" like Americans as they assimilated. Some research has stnrted to suggest that ethnic subcultural gangs, such as Chinese gangs, are now becoming lnore criminogenic than earlier generations (Chin 1990). This observAtion is explained in Chapter 10. A more proactive policy alternative to natural assimilation is to speed or assist the process of integration into U.S. culture. This entails cultural socialization in schools and community. Some also claiIn that clearer and simplified laws are required for the dominant culture and these must be taught to the other cultural groups. But this approach is culturally hegemonic and is likely to result ill alienation (lnd isolation of the very diversity th
New Cultural Theory of Crime There ilr€ three developments in the cultural theory of crime. One is vValter Miller's (19.58) idea that lower-class cuHures develop that are oppositirmal to the dominant culture. A second approach focuses primarily on the "subculturE' of violence" (Bennett and Flavin 1994,363). Parker (1998), for exam}-"'de! eXi1ll1ined homicides in a cultural context. Building on the classic Wolfgnng and Ferracuti (1982) study of the development of favorable attitudes tmvard the use of violence in the slums or urban areas, several commentators have prOVided detailed descriptions of the values of inner-city neighborllOods. Elijah AndersOIl (1990, 1999) examined the key features ~}f "street culture" and found that some youth whose fmnilies are cut off from cn!lventional culture, suffering from a range of economic and social problems <'md inconsistently monitored and disciplined, become alienated from the mainstream society that they have little hope of joining. A central them!:" of these youth is to elicit respect from others through a "street reputation" for toughness, mediated by a code that demands a violent response to any challenge to their reputation and any act of disrespect, however slight. This code prevails in the urban environment (lnd applies to all who live there! even those who are not alienated and are from morally decent backgrounds. If they do not follow the code, they become vjctims. Others, such as Jeff Ferrell and Clinton Sanders (1994), describe a similar set of conditions that lead to a cultural abandonment of the mAinstream in favor of cultural values of erotic excitement and cheap fun that CilTI lelld to destructive behaviors which aIlnoy the guardians of the rnaUl.SlrCLHn, such as graffiti signing. This in turn can indicate and cel-
ebrate more sinister elements, such as the presence of etlmic gangs. Cultural theories of crime are not restricted to slum neighborhoods. Cultural theory (llso explains crime in the wider society. Research by GeraIel Milrs (19R2) applies the insights of anthropologist Milry Douglas
Crimes of Place
227
(1970, 1978) to workplace crime. Using Douglas's grid-group analysis, Mars shows that occupational subcultures place different constraints all. the opportUnities for crime in the workplace. Put simply, the grid dimension is the extent to which a culture imposes categories and role expectations on its members and fixes their behavior. In occupations! grids impose constraint based on autonomy! insulation, reciprocity, and competition. Strong-grid jobs are those that allow the incumbent limited freedOll1. In these jobs! the tasks and expectations are highly structured; there are many rules, different functions! and uniforms. These features allow little room for an official to offer or receive favors and little control over other employees. A typical high-grid job would be a supermarket checkout person or a bank security officer. Weak-grid jobs have few of these constraints and provide their incu111bents witll much autonollly to deal and negotiate; they include professional jobs such as doctors, lawyers! accountants! as well as traveling salespeople. The group dimension is the extent to which a culture collectively constrains an occupational role incumbent through face-to-face interaction 'with its other members. This dinlension contains several components not dissimilar to tll0se discussed under the systemic social ecology theory. They include the frequency of face-to-face contact, mutuality of contacts between members of the network, the scope or extensiveness of contacts, including the nUlnber and types of levels on which these contacts are made, and, finally! "boundaries/' or the extent to which meetings among workers are formal or informaL High-group occupations have many faceto-face contacts among employees doing similar tasks on various levels in different settings and are lypically informaL High-group occupations include waiters and waitresses and teamwork jobs SUdl as mining. Weakgroup jobs would have little group constraint and include business owners, artists, and university professors. Combining these dimensions of grid and group produces four types of occupations: (1) strong grid-weak group, called Donkeys, (2) strong grid-strong group, or Wolves, (3) strong group-weak grid, or Vultures, and (4) weak grid-weak group, called Hawks. Ivlars's analysis shows that cultural considerations shape occupational positions and structure the opportunitie5 for workplace crime. It is not that some occupations have crime and others do not; rather, the kind of crimes workers can commit depends on the strength of their occupational culture. Hawks are more free to engage in complex individual frauds and linancial 5wimlle5, 5udl D5 Medicare fraud ancl tax eva5ion. Donl(eY5 are restricted to simple time theft (such as calling in sick when not or taking extended breaks), sabotage (deliberately damaging equipment to stop production)! and cash thefts or petty pilfering of company products. Wolves are doubly constrained but collectively are able to protect their
228
Essential c'rillI/lln/ogl/
ll1elld)~r~ rllust againtll e.\lt'rna1 contru15, \,V1Iereas VuJtur~.':> drt.: free to steal from employers and cuslumers while enjoying the collective peer SUpport of thuse in their network.
ivlars argues that unless corporations and urganizalionb understand the kind of cultural constraints operating 011 employees, simple punitive responses to workplace crime are likely tu be indfectiv('
Summary and Conclusion
('rill/I'....
pO lilically_ ruddprkss, some fonn gangs thrtt cOlnpete with i?tlch other for s,ll"Vival. ' . ' . . 1 'd l' ve become increasinglY 50. I _ j' 1 A libmwh prE.'VeJlllVe efforts anl leas 1 ( 1 . n . . . f1' m sOClnl I ·sticated one of the major Oil1ISSlOnS O r .ecology . - dnc 1 ell tura ..
t;,~~ri:s of 'crimE' is whal drives the movements tl1at mal~~;~s~~:~;l;~:~;
h' 1 l In the next chapter, we look at one of the ways 50e1O 0 ntl . . this gilp by exammmg . . - . ~es ond how these s ape ell tn fill strilcttn.a 1 fOll.~ Il1r(11 ,mel subcullural responses.
Summary Chart: Social Ecology Theory and Culture Conflict Theory l. Social Ecology Theory
The political and economic forces that shape specific arc'.]::; can also provide Ule context for the ]ealning uf behavior (as vve Jiscu:-;sed in connection with differential association theory) and the fornh·l1ion or lack of ,lttachments (discussed previously under bonding theory). Regardless of the "causality" (perhaps learning or bonding) of individllal effects, the dowm:\lard spir,ell of certain places can carry with it those wllu are unable to escape, who may violate laws simply by conforming 1"1) lllt1il' Cl1l~ll1'(,' or
subculture or in order to survive the hardships of their neighborhood,
Once the process begin~, tear and limited resourcl:'S undermine a community's ability to control it::. uwn members, which results in further crime imd more fear. Thi5 leads to the departure of those besl able to escape, leaving bt'llind those least able 10 cope. Angry with t!\l'!ir situdtion but
.
f 'pa ~e population movement, Basic Idea: R()otl~d in geography]rl nel "nlultJ(Jl~S O'l~Y·Si~ai environment; crime is a 1Ill1 density and hO\v these Me oS lilptC 1Y Ie f. '. f -'ty i . . . . I ' . . , t found m certmn ,lleas 0 aLl. product of the geopohtlGl. envlro~men . ,:Il major social trends that affect HUn1illl Nature: I-TuInaI: actI01:$ an' \.letel,"1~lln~L ~y ~s and moral sense they have the physical iHld SOCIal enVlfOJllllPnL 1 be l.hOlCe~ . ee as conformisl emerg~ in environmentally SITucl met! cnlltexts__ / e~ple a:~i~l ~l~i'ch ·they seHemel ;:;ct in aO'cmlance with villues illltlll(lrnlS 1.1 giOUps - ."
idt'nlif\,. . I - 'ens 5 yet implied S . ,t . d the Social Order: Early theories empha51zee eun~ 11 _ . OCle y an . r 'of v
In this chapter, we ntov~t1 from the noliun that crime is a product uf individual choices, causes, or processes to the idea that place:,;, n~tworks, and cultural adaptations creale criminal opportunities. We saw hnvv economic and political forces can produce Ini:lssive social changes and population movements, which can result in highly volatile concentr~'ll:inlls of people that accentuate their problems. Onc(, formed, these patterns are selfsustaining and reillforcing.
229
of Place
•
permanenl state.
. .'. , .
I
b:l.n miDration high so
Caus
~;~~;i~~I~:'~~~~::'t~o:le:nttl;~~:en~~~I~:~;]:~~~;t;:e~~IJ~~~;:~r:~'O;~'~far:r~~~~nc~~1 with them OVer mixed
vlllup systf'm5, n.nd thIS lesuIts Il1 a 1 I ]' P n'zation ' 'I'·· 1 ~-l -15 to f1ersona. II(Isorga over children. Sncial dlsorgamz.a IPIl e,l " I1 ] Sil-. e. n_ This leads to crilllP, ddinquency, and menta I 1'1\ n ess." espeCl3 . , y 5UlCIC . m'granl I r I I from parents, some 1m 1 , Jaled frt"llli clOlnill'llll cullure anc a lena ec _, .." -',-.n ',", C'''.'5';' "k-",~k,p \1".,;,b 'rh ea' j 'outl1sl 0rn1 Illelf UVVll 11(:W pnnmf)' :"LlL";utl~u,-,,,,, ~ Co 1_, . . --. . . 'sed on to llew mem ers. ear ,."0 (l\vn deltnquent traLlItJuns, whIch are pas .' ,'ty ones of transi.. . . . . t . Itense1y felt ell e ml1er-CI Z where thiS clisorgrl.l1IZahon IS mus 1I :. '1 I I Is neglect properties 5 urn ore · l,11 t I"1S1l1" lion where property va ] Lies il.re I(lW .. r> ane • " s have the II'c")1
..
. ..'.
.
'0·1 P The.".:/' lnw-lllcorne houslIlg area
Whi Ie wi'lll1l1g fOl (I.SE' 111 \ aLI. . . . .... Ilt '1Il1cu!tnral glTH IpS, such n,; .... ·11·'.,.. " S(1l1H'1l1lIHIOI" ".. _ I highesl 111l1111ers (1 I ·llllJJllgl'll h
230
ESSe71tial Cri171ilIOlogy
Crimps (If Plnce
the Chinese, are able to resist the wider disorganization of neighborhood by maint
Criminal Justice Policy: Some argue that crime will melt away when the Uniled States becomes "one culture" after C1ssilllilntion of immigrants into the 11\(\iostream, so we need to do very little. Clthers believe we Jlepd acculturCllion programs and policies. .. . . Criminal Justice Practice: Education and cultural socm!rzatJOn In schools afIC~ community; increased opportunities for ilssimilation and chnnging values oj diverse ethnic groups; counseling for children of immigrallts tn proVide them with coping skills needed to survive clash of cultures; clearer C1nd simplif~ed laws provided by dominant culture; gre<1ter flexihility of lClw.when deahng with other or lower-class cultural contexts; decreased policillg 01 streets. Evaluation: Useful tn explain minority and ethnic crimp and recpnt Chinese, Cuban, Haitian, Vietnamese, and Hispanic gangs. But does not explain why offender Glllnot compromise r:l1llures or hold dunl values and norms. Does Hoi explain C1rlUlt crime ill lowpr-c!C1.ss Ilf'ighhnrhonds nr lllidrllp- 'lJlrl ltPI'er-c1il,ss crime.
immigration stopped and the city stabilized, so litHe need be done. Others argued that it was necessary to move those most affected by disorganization to new geographical areas. Yet others argued for strengthening community organization. More recent theorists believe in a systemic CIr integrated approadl to strengthen both internal informal networks and their connection with wider political, social, and economic networks and resources. Criminal Justice Practice: Structural and institutional changes, community mobilization (e.g., Chicago Area Project), facilitation of the process of assimilating both immigrants and the disorganized into mainstream society. Evaluation: Explains some inner-city street crime and why crime rates are highest in cities and slums. Undermines argument of biological and psychological theories, since they would predict more random occurrence of crime geographically. Criticized for accepting official crime statistics as valid, ignoring \vhite-collar crime in suburbs, ignoring excessive policing of inner cities. Fails to explain corporate crime, fails to explain insulation of some youths in the inner city from delinquency, and fails to account for how people in disorganized areas disengage from crime CIS adults.
2. Culture Conflict Theory Basic Idea: Some people have cultural heritages that differ from those of the dominant culture and they are often in conflict with it; they become criminal simply by following their Own cultural norms. Human Nature: Humans are seen as equal, sociocultural blanks that are socialized into norm- and rule-following actors. Society and the Social Order: Divided by culture into dominant and a diversity of subordinate or ethnic minority cultures, which are in conflict. Law is the mles of the dominilnt groups of a particular society. Criminals are those caught breaking another culture's laws; no different from noncriminals, in that both are mle following, except that they follow different rules. Causal Logic: Socialization into the norms of another culture through the family produces three ways lawbreaking may occur: (1) Tn Sellin's version, the other culhlJ"(:! is the native country of the immigrant, and when its norms are followed and they clash with nOlms of dominant cuI hue, this "normal" behavior is defined as criminal and punishment may result; (2) when immigrant parents enforce standards of behavior of their native country on their children, who react because of thpir indoctrination in !:he adoptive country, the resulting strife and alienation may cause delinquency; (3) because complex societies have multiple social groups and a pluralism of subcultures, including corporate culture, norm and law violation can result when the behavior of one group or subculture conflicts with thilt of the dorninimt culture.
2.11
233
9
The Sick Society Anol1lie lind Strain Theory
Phi~ "\vas rill economically disadvantaged yet ambitious young man who aspIred to tlll th,e lrappin.gs uf middle-class success: two cars, meaningful elllpl{JY1~1ent wIth benefits: stal us, <md prestige. :rvIost of his peers were f.r~"}m mlddl~-:>- or upppr-ciass familif'S and he was exposed to lheir lIfestyle: Unfortunately, his family INas unable to provide him with much economic support. He shored a tvvo-bedroom trailer with five others and had little hope of financing a college education. Being resourceful and attuned to the ~!fll? culture, Phil began selling marijuana. Four years later, 11: \vas a semor 1Jl college, fillanced by two greenhouses where he grew hIS product, ~nd :vas aspiring to achieve middle-class goals. At this point, h~ brought hIS hlg1~ schoul-ilge hrother into the "business." The younger b10.lher was less chscreet and bragged about their "business" success, 'vVlllCh resulted in a raid by tilE' police. The older brother received a lenyear sentence in the slate penitentiary. Phil illustrates the main themes of the socio!ogi~al i.cleas.of strClin theory: He accepled U.s. society's cultural ~oals. and objectIves tor Sllccess (high monetary rewards, good job, etc.). I Ie (bel nol, hO\vevt?r, LISE' normatively ilccepted means (student loans, hard wo.rk, ,dela7:cJ grCltjficatiotl) to (lchieve those goals, bllt instead irmovated \-v11h lllegltunate lTlf'ClllS 10 flchieve them. St~ai.ll theo.ry is not reslricted to explaining conventional street crime; nor IS It confmed to the' lower reaches of the social structure. It has also been a.1_)~lied to corpofClle Clncl nrg(111iz(ltional crime, (IS the fn]]o\villg i'llwlyS1S Illustrates: COITOfiHIOJ1S1 liI\e fill organizali(H1S, are primclrily oriented tow8rds the ~ch.le~ement of a ~la~ti'ld
~tefmtng cJ.lara'lensllC : .. TllClkes
d
curpuration inherently criminogenic, ror
It ne:essanly prPfCllcs III iHl 1l110?rtain and unpredictable environment SllCh that lip. rllre1y tf'gil"illlMe Ctpl,ol"tllnitips rlJr gnill achievement are .lO;omelllllPS 7:';
,,-,''''-
liluiteJ dill! CUl1strained.. achievillg bdlaviullr dllcf
TIll' ulntradidi(lfl'o> bdlveetl corpl'rdle gOdlellVlfOftlJWlltdt lfflcertaillties creale d strung strain towards innovative IJt'ft<wiuur. .. 1~,.dfJlJlleslinc1ltdeJ:espiul1dge, arson, patent copying; brilwry dod l"UITIlptil)1l III influence thuse in new (lnd
expanding markets, such as gOVl::'rIlIlIt'l1t ufficials ill develuping ecunomies . refusal to make wurk conditions safe or properly inspected/maintained . fraudulent advertizing, misleading sales behavior; false labelling of produds; manufacture and distribution of dangerous products. (Box 1983, 35-37)
In this chapter, we begin to L'onsider the ideas of theorist::. 'vvllo argue that the structure of sudety (i.e., Itovv suciety is organized) Cdn affect the way people behave. In particular, we eXi1lnine the idea that "some social structures exert a definite pressure on certain person::; in the society to engage in nonconforming conduct rather than conformist cunduct" (Merton 1938, 672). \-Ye examine the theories of the sociological functionalists, principally Emile Durkheim and Robert l.Vlertoll, who argued that the organization of industrialized societies produces divisions betvveen people and between groups based on social position in a hierarchy and occupational role within the system (known as the division ()f labor). Functionalist sociologists believe that sodal roles beconw specialized and work interdependently to serve the system as a \'\'hole. Emile Durldleim first presented the basic componenls of this functionalist ilnalysis of crime in 1893, when he was trying to explclin hmv society could change from the stability of its preindustrial order Lo Ule potential challs that the capitalist industrial system could prudllce. He argued that in times of rapid change the moral ri:!gulation of behavior is lllldermined by the structural divisions and by a cull uf the individual, which promotes unlimited aspirations, some of which invulve criminal behavior ([189311984). In the twentieth century, tilese ideas were applied to the United States by Robert Merton (1938, [1957] 1968), who examined sociel)' after the Great Depression and found tilat its culturally defined goals, such as "tile American Dream," could be mel: by illegal means by those denied access to approved means. 111ese approved means would include legitimate opporhmities such as fonnal eclucal:ion alld eCllllOlllic reS(lllrCt'::i. Development and extension of tilese ideas included lhe st'lninal work of Albert Cohen (1955) and Richard Cloward and Lloyd Ohlin (1960) on cuJlective rather 1I,an individual adaptations by working-class populatiuns to societal strain; Robert Agnew (1992 19953) on strategies of avoiding the frustration dnd anger produced by ~tr::lin. baf.;8d on a v81'i1JI-y of gOl~ial-p!;,:vcli(d"gi"~ll \!~Hi3blp,,: ::lncl 1l10<::t
recenlly Sleven Messner and Ric11ard Rosenield's (1994) ideas about the role
of u.s. economic institutions in domillating uther social values and undermining strong social controls. Befurewe explore the different forms anomie (or strain) theory has taken and ils criminal justice policy implications, let us look at tile core underlying assumptions.
'{lie Sick Sodety
Assumptions of Strain Theory All(lmit: theury, Jllun:~ recently cclUed strain theury, lids gone tllfOUgh several transitions ill its hundred-year develupmenl dnL!. has proven rernarkably resilient at explaining crime in changing societies. During this process, many of its underlying assumptions have remained constant, although others have changed and Lecome subject to disagreement. All versions uf strain thenry agree that deviant behavior is a normal response lu abnormal cunditions. Furthermore, humans are socialized to behave in u!l.en predictable ways. Strain theorists may disagree over what the speclhe goals are, but they agree that seeking goals is a normal human trait. Finally, strain theurists agree that society and culture cause strain by their organization, the goals they prescribe, and the allucation of resources. more recent: theorists disagree about the extent that individual behavioral characteristics can lllitigate these forces. Let us consider these assumptions in greater detail, first looking at their similarities and complementary aspects and then looking at ho"v they diverge. AU strain theorists dssume that crime is a norma! reaction to abnormal s.llcial conditiuns. Strain .theory emphasizes "the problem-solving functl()l1S" served by lloncontorming, antisocial, delinquent, and criminal behaviur (Brezina JI)()6, 39). Strain theuries link macrolevel variables, such as the organizaliuJi uf societies (especially capitalism), to the microlevel behavior of individuals. In other words, strain theory "links the macrostructural organization of society to the micro-social choices of its individllaimeillbers" (I-Iolman and Qu.irUl1992, 217). Thus it is often termed a lnesolevel explanaLury framework (or what 1\Ilerton [(1957) 19681 called a 111eory of the "middle range"). Taken as a whole, strain theory describes the interplay between social ::;!Tuctures, cultural context, dnd individual actiun. Different strain theorist::. disagree o~er sume fUlIdamental dimensions of their theory, hm-\'ever, and thereJl1re emphasize different aspects of its components. For example, nllrkheirn's original theory of anOll1ie aSSUlnes a view of humans born with irtsdtiable appetites to be "heightened or diminished by the social structure" (Einstadter and Henry 1995, 149). Thus his theory has much in CUllltllOn with control theory (discussed in Chapter 7) but gUES beyond it ill its attention to structural conditions. In contrast, versions of strain theory ill the 1\I1erton mold assume individual appetites are "culturally rather than structurally induced" (Einstadter and Henry 1Y95, 1,19) b1J~ socicbl sh'ain COtnes frutn differential vpport\.uliUeiS in U1e tiuciai structure tllat have /lol rnetthe culturally raised appetites. Individual appetites <:llslJ include an instrumental component (Orru .IY90). This means iI.tat (Time is seen as an instrumental act of goal seekmg. Whether comIlllUed by individuals or corporate entities, crime serves
235
a purpos€.Mertonian theory assumes that humans dct rationally and have self-serving motivations for their behavior, "not in the utilitarian sense of having 'free will,' but: as actors whose choice of behavior is influenced by societal structures, cultural definitions, and interactive processes" (Einstadter and Henry 1995, 148-149). Mertonian .co~lce~ti0r:s of a structured human choice also reflect the results of SOCIalIzatIOn 111 families, in schools, and particularly through the media. These are the ways that cultural values are communicated. . Combining the ideas of Merton and Durkheim in a formulatIOn known as traditional strain theory reveals a key issue to be goal-oriented, achievement-directed behavior and the way the social structure and culture shape this. For Mertonians, the culture, most vividly expressed through the mass media, encourages people to achieve certain goals such as monetary success: "Go for it!/I express "No fear!" and "Have it aU!" At the same time, the culture fails to place limits on acceptable means of achievement, and the structure does not provide real opportunities for all to achieve societal (Toals. SUd1 a society is described as suffering strain because of (1) a dysfW1ctional mismatch between the goals or aspirations it sets for its members and the structure of opportunities it provides for them to achieve these goals (Merton 1938), (2) an unleashing of individual aspirations without a corresponding provision of normative or moral guidelines to moderate U,e level of raised aspirations (Durld1eim [1897] 1951), and (3) the failure to match people's skills and abilities to the available positions in U,e society (known as a "forced" division oflabor) (Durld1eim [1893] 1984). A society experiencing such structural strain is unable to retain a meaningful sense of moral authority with regard to nonnative controls on behavior and is referred to as being in a state of anmnie, or nOfmlessness (Durld1eim [1897] 1951). In a word, U,e society is "sick." Societal strain can affect people, groups, and organizations in different ways as they seek to adapt to solve the problems that strain creates. One of these adaptations is crin1e, whereby people attempt to achieve societal goals regardless of the means used (as in the example of de~ling drugs presented at the start of this chapter) to achieve money, matenal success, and social status. In short, they cheat. Crime, then, is one way of both responding to the strain and ~ealizing common goals espoused by the larger dominant culture. The Durkheim-Mertoll tradition of strain theory seeIllS useful tor explaining property crimes alTIOng the economically disadvantagel..l, who may experience (jTeater personal stress as a re:sult ot ~trLlctL1ral stralll.r a::> Merton pointed out. But Merton ([1957] 1968) also recognized that the theory explains how the economically powerful commit economic crimes lIsing illegal or unethical innovations, illustrated by the ar~alysis of cor~o rate crime at the start of the chapter. Indeed, "If 'success' is tar more heavIly
236
E~;St;!llliill ('rilllilluloy,y
emphasized in the higher strata of sudety, and if its measuremenl is virtu_ ally open-ended in these strata, Ulen Merton's theory of anomie is even more applicable to white-collar crime than it is to conventional crime" (Friedrichs 1996, 232; Cohen 1995; Waring, Weisburd, and Chayet 1995). This too is what led Durkheim ([1897]1951) "to focus on the top social stratum as the primary location of anOInie, for it Was power not poverty that facilitated too easily tile personal achievement of socially inculcated cultural ambitions" (Box 1983,40). Nowhere is this better illustrated tllan in the 19805 insider-trading crimes linked to the "unbridled pursuit of pecuniary rewards" (Lilly et a1. [1989, 67] 1995). Also shown in the earlier corporate illustration are the numerous illegal strategies corporations use to achieve goals of financial profit that they are unable to achieve legitimately (Vaughan 1983; Passas 1990). Moreover, as Passas (1990) argues, the commission of crimes by the wealthier sections of society, combined with their immunity from prosecution, produces a cynicism among !he population. Such cynicism feeds the general state of anonlie as those in less privileged positions become confused about what moral rules really apply (Friedrichs 1996, 232). Newer versions of strain theory, such as Agnew's (1985) revised strain theory, may be less compatible, since Merton's notion uf goal-seeking actors is partially replaced by a view of humans invested in behavior designed to follow a particular rule of justice. For example, adolescents may be ITIOre concerned with the fairness of a process of job hiring than whether they get the job. Moreover, this response can be modified by indiViduals' different cognitive and behavioral attributes. Those who have doubts about their identities and capabilities may be more satisfied with less than those without such doubts, who may becOllle mare frustrated with injustices and choose crime to escape their frustrations. As we will see later, differences in !he assumptions made about hlllnans are SOl1te of the main features that distinguish the different versions of strain theory. Another assumption Over which strain and revised strain theorists disagree is tile extent to which a consensus exists on societal goals, their nature, and diversity. Since Durkheim's original anomie tileory, the types of goals have increased. In the most recent theoretical revisions the goals held by people are very different, depending on their social ini1uences, peer groupsr gender, race, and age. Let us examine in mare detail the ideas of Ule specific versions of strain theory that have emerged over the past hundred years.
Founders of Strain Theory In this section, we consider the ideas of U1e founding theorists in the strain theory tradition. We begin with Durkheim's anomie theory and then look
The Sick Society
t Merton's aclaptaLion of these ideas to the twentieth-century United t before discussing how their approaches were supplemented by the Sta es I1 n f Mer lon's ~students_ Albert Cohen and Richard Cloward. reseClrc i.l,
Ollrkl1eim's Origillni Concept of Anomie 11" French sociologist Emile Durkheim (1858-1917) was one of the three Ted f sociology who at the turn of the century sought to explam the faun rrs a . .. 1 1 f t tl I d stransformation Ulat was taking place as socletles c lan?ec a er d:€ n, u. , 1 Revolution (tvtax Weber and Karl Marx, whose Ideas we. ISCUSS m chapter,vvere the other two founders). Durkheim's VIew of humans was not unlike that of the classical philosophe.r Hobbes and the later control theorists (discussed in Chapler ~). He beheve.dteop~e w~.~ born "!,'"jth potentially insatiable rlppetites, whIch car: be heIglter:e or I n~inished by social structure. III a well-ordered SOCIety, a coheSl:re set of values and norms regulates the levels of aspiration and expectatIon. As a ., _ result, levels of criIlle are relatively low. For Durkheim ([1895] 1950), crime was any actlOn tl1at offends collec_ tive feelings of the members of society~that shocks theIr common can science He believed that some level of crime is normal and necess~ry for several' reasons. First, even in a well-ordered society (even a S?Clety saints), crime is necessary (functional) to remind the commulllt~ of .Its values and standards. Second, criule serves to. create a sense of SOh~an? am on .,. law-abiding citizens; the crinlinl'll or cnme pres:nts .an occaslO~l 0 bring together to celebrate tl1eir values by defllgratmg they o ose. Third, society can make moral messag.es about:vhICh rules al~ Ptst important by adjusting the severity of pUfllshment. l'ourth, the pun given to criminals help to force compliance WIth the law; fear of shrime humiliation and lack of liberty, motivate people to obey the ?aw~ Fi;lElll; and import~nt for Durldleim, was the idea that crime functlOne. to ~ar~ a society that something may be wrong with Ule overall way It oper~tes-itssocial struc:ure. Crime. is the pain of a sick society. It serves as a stimulus for innovatlon and SOCIal change. . ., ~ F D lrkl,eun ' some level of crime was ineVItable, If o.nly because of "or 1 , 1 . f· (1: 1 t 1 those he saw born as biological and psychologIca :n~s Its . 3y or ea. 19~/3 84) Crime is inevitable because of "the incorngIble wlckednes~ of . . 1eve. Is of cnme men", ([1895] 1982, 98). But Durkheim also saw excessIve. w as a result of change from the small-scale, face-to-face SOCIety WIth a 10 d ·lVlS1011. . , 0 f la',o" ""-nd" everyonE=' doing similar tasks and . shared eLL cl - " 1 . common t .th a (religious and traditional) values to a large-scale industn~ SOC!e WI t hio-h division of labor and diverse beliefs. Tn modern In llstna SOCle y~ P e7:. p le become highly specialized in their tasks. Moreover, they are en . ."' ... of a common cO\1ragec1 to <'let as. mch VICIua 1S fa II leT 11lan as (" m""mbers _
:~~: n~xt
.of
~eople
thos~
~hments
c
•
t
238
Essential Criln17/olo8Y
The Sick Society
group in pursuing their differential occupational roles and to ?lspire to individual rather than social desires (which he called egoism). Under these circumstances, the moral authority of the collective Conscience loses much of its force and people aspire to positions and levels for which they are ill suited and that do not satisfy I:hem. Their "greed is aroused" and opens up an insatiable "thirst for novelties, unfamiliar pleaSUfes and nameless sensations) all of which lose llleir SelVar once known" (Durkheim f1897] 1951, 256). Such a society is in a slate of anomie: a "breakdown in the ability of society to regulate the natural appetites of individuals" (VoId and Benlard 1986, 185), "a situation in which the unrestricted Appetites of individual conscience are no longer held in check" (TAylor el al. 1973, 87). In a condition of anomie, rates of all kinds of nonconformity increll.sE', including crime and suicide, as "individuals strive to Achieve their egoistic desires in a way that is incompAtible with social order and incommensurate with their biologically given ?lbHilies" (Taylor et aJ. 1973, 85). These ideas formed Durldleirn's contribution to current concepts of strain. Be drew illlention to chAnging social structures (e.g., feudalism to capitnJism) th8t generated the sodal pressure that !\1erton later called strain. The impending enlption of crime and suicide from this misalignment could, however, be avoided. Durkheim's solntion was not to -go hack to a face-to-face society but to advocate ne\v secular values that would llcknowJedge the rise in individualism but provide appropriate constraints Ol1 aspirations. He saw Ihis secular morality as being built around occupalions but did not thoroughly address how connicts between Hlese Illornlities wonld be rpsolvecL .
breakdown of or a failure to develop adequate moral or nonnative regulation to "differential access to opportunity structures" that, combined witi1 the egalitarian ideology, produced relative deprivation (Box [1971] 1981,97-99; Merton [1957]1968; Passas 1995). Relative deprivation is the condition in which people in one group compare themselves to others (their reference group) who are better off and as a result feel relatively deprived, whereas before the comparison no such feeling existed. Merton ([1957]1968) used reference group theory to explain why some people in anolllic situations did not resort to deviance whereas others did (Shoemaker 1996, 96). Unlike Durkheim, Merton argued that human "appetites," or desires, are not natural. Rather, they are created by cultural influences (Passas 1995). For example, in the United States heavy emphasis is placed on monetary and material success, such as owning one's own home and car(s). Societal institutions, such as parents, families, schools, government, and the media, impose this pressure to succeed. This is known as tile" American Dream." In the United States, people with money and weal]]1 are generally held in high esteem. In otiler cultures, different characteristics are valued, for example, old age or religious piety. Merton pointed out that he was only using monetary success as an illush·ation, and in his later arguments he asserted that "cultural success goal" could be substituted for money with ]]1e same results (Merton [1957]1968; 1995, 30).1t is "only when a system of cultural values extols, virtually above all else, certain common symbols of success for the population at large while its social structure rigorously restricts or completely eliminates access to approved modes of acquiring these symbols for a considerable part of the same population, that antisocial behavior ensues on a considerable scale" (1938,680). In the United States, as in other capitalist societies, the approved nlOdes of acquiring success symbols are the institutionalized means used for achieving society's goals. These means are enlphasized in tile "lniddle-c1ass values" of saving, education, honesty, hard work, delayed gratification, and so on, but tile means are not evenly distributed. This is because tile society is divided into a class hierarchy in which access to tile approved means is restricted for ill0st of the population; it is "differentially distributed among those variously located in tile social structurL''' (TYlerton 1938, 679). It is this mismatch between "certain conventional values of the culture" and "the class structure involving differential access to the approved opportunities for legitimate, prestige bearing purS_Ult of the cu~tural g?~ls" ]]lat "calls forth" antisocial behavior (Merton 1~38, 679). Th15 conchhon, or disjunction, creates tile strain that produces anomie. The resolution of this strain can include deviance and crime. Thus, in contrast to Durldleim's original conception, Merton's anomie "is used to clarify the contradictory consequences of an overwhelming
Merloll's IlIslmlllenlal Anomie and Differelltial 0I'l'orlllnily Slrllclnres Robert K. Merton, the sometimes delinquenl son of eastern European Jewish immigranls, whose father was a carpenter and truck driver in South Philndelphia, rose from part-time magician to a leading contemporary sociologist at both Harvard and Columbia Universities (Ivlartin et al. 1990). He presented the first contemporary
239
240 emphasis Oil the lilolletary sllccess'gual coupled willI the iJlaJeqUJl:y ot the existing opportunity structure" (Gnu 1987, j 24). Nor are these contradictions restricted merely to class divisiulIS, since, as Merlun argues, the structural sources of diiferenlial access lu opportunity "alllong varied ::'0l:ial groups (nol, be it noted, only social classes)" afe "in ironic conflict with the universal cultural mandate to t-trive for sllcn~ss" in a liheavily success-oriented culture" (1995, 11). When individuals are socialized to accept the goals of material weallh dnd upward social mobility but, due lu their disadvantaged economic position, are unable to obtain the resources (means) to achieve these goals, they may cope in several ways, some of which involve crime. lVlerton emphasized that the (Iifferential opportunity structure (nut merelv confined to economic opportunities) is the cause ~f strdin, rather 1I1dll tIll:.' cultural goals (1995, 27-28). Merton identified five ways in which inclividuals respond ur ddapt to "selective blockage of access tu opportunities among those variously located in the class, ethnic, racial, and gender sectors of the social structure" (1995,12). These five adaptations- -cnnfunllity, innovation, ritualism retreatism, and rebellion (see Table 9.1)- ,are ba-sed on an individual's ~tti tudes toward meclJlS and gOlds. ll1e conformist accepts the goals of society and the legitimate IneaJlS of acquiring them, including delayed griltific~tion, hard ~rorkJ and education: "'The American Dream' may be fUlldional for Ult:' substantial numbers of those with the social, ecol~olllic, <md persullal resources needed to help convert that Dream into a personal reality" (Merton 1995,16). Illustrative of this adaptation are people frum economicdllv disadvantaged families and those against whom cOllsiderable institutional discrimination exists who succeed due to extra effort ur education. Actual success is not necessary, so lung as the conformbt: continues to make the effort and plays by the rules: "Access need nul meall accession" (rvIerlull 1995,8). Merton c1airlls, howevel~ that the drealll "may be dysfunctional for substantial numbers of those with severely limited -struct~r~li access 10 opportunity ... and under such conditions it invites comparatively high rates of the variulis kinds of deviant behavior--soL'ially proscribed innovation, ritu.ali~n:, and ret~eatism" (IvIerton 1995, 16). Innovators accept the goals but slgmhcantly reJe~t or alter the means of acquiring the g(J(lb; !Jut simply, they cheat. They mnovate and seek alternative means tu slll:l:ess-- often il~ legitimate. This mode of adaptation account:,; fur the l11i:ljority of lite crime expbincd by 5tri."lin theQry. Penmns who Wdlll, SdY, wealtll dud status but lac1~ legitimate means of acquiring them may fil1~1 new methods thIT)Ug[1 whICh wealth can be acquired. Crirne is one optiun. Some common e:\3nlpies of this mode of adaptive behavior an,;, theft, drug dealing, white-collar crime, and organizt'.:'d (Time. A good illustration of while-collar ilU1ovation
TlIP Sick Society fABLE 9.1
lvlerlon's JIHlivid ual rvlodes Ilf !\dapt
-,----'---.--------- InMitJltionnlizcd kJrnlls ..
--------I. Conformity II. Innovation 111. Rilllcllism IV. Retl'catism V. Rebe II iun
('Ill/11m! Goals
+ ±
SOURCE: Robert K. Merton. 19~8. Social Structure and Anomie, Amrrimn Socia logical Revieru ,~: 672-682. p. 676. NOTE: (+) signifies acceptance, (- -) signifit,.s elimination or rejection, rind (:1:) signifies rejectioJl and subslitution ol llew gllilts and standards. Replacement repre sents a trililsilional rpsponse thill seeks to institutionalize new procedures llriented toward reVi.1Hlped cultlHaJ goals shared by Ihl' mcmbers of snciety. 11 111115 involves efforts III change lhe existing structure.
is the case of the prosrective gradu
242
Essential Criminology
ga.~g~ and motorcycle gangs may fit into this category, as do right-wing mIlItIa groups, Another fonn of rebellion can be seen among members of religious orders ""vho seek cerlain states of consciousness and reject material gain and members of religious cults such as Heaven's Gate, whose core members conunitted mass suicide in 1997. There have been some notable criticisms of Ivlerton's version of strain theory: It falsely assumes a universal commitment to materialistic goals; it ignores violent, passionate, or spontaneous crime; it cannot explain middle-class, corporate, or white-collar crime; it relies on official crime statistics; and it fails to differentiate between aspirations (desired goals) and expectations (probable accomplishments) (Adler and Laufer 1995). These have been addressed by recent developments and extensions, as we show next.
Cohen: Statns Frustration and Delinqnent Subcultures Albert Cohen, a student of Merton's and Sutherland's, went on to integrate Chicago School ideas on culture, differential association, and crime with Ivlerton's anomie theory. He used Merton's theory to answer the criticism of differential association, that it fails to explClin how pClll:erns of delinquent behavior originate (discussed in Chapter 6). But he criticized 1\I1erton for overemphasizing the individual dimension of adaptation to strain. Cohen (1955) observed thal must delinquent behavior occurs in interactive group or gang settings and also originates there. Each member stimulates the others into behavior they would not commit individually: "Deviant as well as non-deviant bel~avior is typically not contriv~d within the solitary individual psyche, but is a part of collaborative social activity, in which the things that other people say and do give me
The Sick Snl'iefy
24.i
many lower-class adolescents, plior to entering ~chool, .l:ave low ascribed status (which is conferred by virtue of one's farmly ros~hon). No~:t0 they haVE the socially relevant means and background skJl~s to Iegltm~alely achieve status by accomplishing the goals that would bnng success In tll.(' school setting. Such youth are judged by middle-clJss standar~l.: ~nd typically cannot measure up to their middle-class COll1l1~rparts. Ilus p~aces lower-class adolescents under severe strain, from wInch they expenell.ce status fnlstration. This is a psychological state involving self-hatr~d, gl1lH, self-recriminrltion, loss of self-esteem, and Clnxiety. To resolve theIr stby creating their own peer-defmed success goals, which fonn the basis uf the delinqnenl s~lbcllHlln::>. Thl1s, argues Cohen, these oppositional vnIups are l)flefl negAtive and destructive, involving behavior such as fighting, vandalism, find any acts that provide instant gratification. For Cohen's delinqllent bnyf., "n:\iddl~-clas~ standards are not only to be rejected, they are to be nouted. 11u.1s, good children are to be ter;orizect playgrounds and gyms are to be taken over for aimless use, golf courses are to be torn up, library books are to be stolen and destroyed and so on" (Shoemaker -1996, Hl(l). StaIns f,or conducting such activities is achieved among like-minded peers, ultnnately in gang membership. In the gang context, others who hold the ,~ame n~g ative values respect the clE'viant lflwbreaker. Cohen
244
r:.<':SI'lllilll Crilllillo!l)gy
Cloward o1ld Ohli1l: Oitli'l'I'lItiol O/'jJorllllll/y Structures ol1d Aliel1o/ed 1ImtiI, Uke Cohen, Richard A. Clo\\,.lrc1 and J .loyd Ohlil1 saw collective rather than individual action i:1S fl ke.y feature of clelinqllcnt behavior. In contrast to Cohen, 11Owever, their major iTlsight \Vas the notion that rather than rejecting midclle-cl
these rrustrations i1re likely lu be more intensely felt among those at socia] positions wllE'rf' thE' discrerf'lncy CClI1Sillg lhe frustration is most acute (19(,n, 1llk).
245 What fILrther Jislingllisl\~s Cloward alltl Uhlill frulll ('Uhi211 is that the \fustration produced L~y tbe differential oppnrllll'lity systems b nut interpreted by al1ulescenb as ~heir own f;:li,~lt ~lr failin.g. Rathel~ they :)e~·~ei:~ their failure as the bult ulthe system: It IS UUI VIew, that the llI.o~t slgnlticant :::itep in the withdrawal of sentiments suppurtll1g ,the legItImacy.of , velltional norms is the atlribution of Hle Cd use 01 faIlure to the SOCIal ~ ·11··I'h us you tllS . -ler rather than to oneself" (Cloward dJld Ohlin 1960, 1). DIU. . "b tl "~wed their failure not as a "rdledion 01 personal 11ladequacy ut le ~~:ult of "unjust or arbitrary instillitional arrdllgements" (1960, 111!. Although such youths do internalize ullwentional goals, they?o Ill:t lllternalize the failure to accomplish them as the result ot thelf own inadequacy but as a result of an unjust cultural and social system. Fur Cloward and Ohlin, the strain producing frustration does nut lead automatically to collective delinquent .solutions but depends first on alienation. Whether this alienation frow the cunventifHlal system converts into subcultural delinquency depends un the otll.c(J!'ue of a complex interactive and dynamic ev{)lutiunary proct:% alHong peers. Ind~t~d, tl.luse who aspire to eCOlIOIlLi,' :->uc('ess are nlOre likely to take P~lrt 1lI senous criminal conduct than thu~e who iJ::;pire to a rniddle-clas~ lifestyle (HoffmaIm and Ireland 1995, 248 249). Anticipating subsequent renditions of control and neutralizatiun theory (discussed in Chapters 6--7), Cloward and Ohlin argued that before delinquent subcultures can form, four CO~l dition::; must be met: "First, they [youthsl mustlJe freed from co~u~ut ment tu and belief ill the legitimacy ot L'ertain aspects of the eXIstmg organization of means. , .. Secondly, tiley lllust jOln with otilers in seeking a solution to their adjustment problems rather than attempt to sol~e them alone. Thirdly, they must be pruvided \vith appropriate Ineans tor handling the problems of guilt and £etlr.... Finally,they mu~t face no obstacles to the possibility of joint problen I-solving" (1960, 110). , Cloward and Ohlin identified tJuee primary types uf deViant subcultures that form in response to the shared perception of injustic~. Tl~ey argued that subcultures develop in relatiun to the lE!gilimate and 11legltlmate neighborhood opportunities in which young people g:ow ~lP. Members of the criminal subculture are primarily interested 111 cnmes that bring material gain: theft,' drug deeding, nLml~er5 rackets, .and so on. These groups are likely to 10rm in neighborhoods where ther~ 15 a connection between both convc:'ntiondl ddivity and theft and varIUUS moneymaking rackets. This flllJlual interclependen~e provides a relat~ve~y 5ta~le illegal opportunity 5lnlelune, lJerc, adult CJ'1lJunal rule mvcle15 exe!llpJ)~ an alternative career patll ~l1ld apprupnate lTIfllIlli'll skills for th~ Juvemles who like Merton's innovatllr::i, iJre goal-directed instrumentalIsts rather Ulan' impulsive, irrational adors (Shoemaker 1996(113). The members of
2-16
Essenlut! ('ri,ninolugy
lhc::;e gangs avoid irratiunal crimes involving violence because such acls would threaten lhdr criminal careers. In contrasl, cunflict subcultures forl\1 where slable organized crhninal activity fails to devdIJp. This is because of a variel y of ecological factors, including a transient population, few adult role 1l1odels, and isolation from conventional opportunity structures. Conflict subcultures have parallels with I'vlertcm's rebellion and Cohen's delinquent subcultures. Members of conflict subcultures are involved in violent or "expressive" crimes essentially motivated by an angry war again::;t society for the injustice and humiliation it bestowed on them. These subcultures may be gangs ·who fight to pretierve territorial bounJdries and honor. I-1ere, self-worth, or "rep," is Jevelc)ped through establi::;hing oneself as a risk taker, hard, being cuol, and having a violent machu image. Being "quoted," or beaten by gang member::; as an initiation rite, illustrates this value. Part of U1e reason for this alternative status/honor hierarchy is the absence of stable legitimate opporllulity structures. Finally, retrealbt subcultures are cornpused of drupouts involved with excessive dlcohul and drug use, sexually prmniscuous behavior, and Survival activities such as pimping. Members of these subcultures are deemed "duuble failures" since they have also failed in other types of gangs (crilllinal and conflict) as well as with conventional society. The retreatist reflects the impurtant point of blockage by both U1e legitimate and the illegitimate opportunity struclures. Lirnitatio/ls /l}h[ Pulicy JlIlpLicatiol1s l~rClassic{l1 Strai!I T'heory
Most criticism::; III Merton's urigilldl strain U1eory have been addressed by subsequent theurists such as Cohen and Cloward and Ohlin, but several have proved resilient. These include (1) the omission of major segments of the pnplilation \vhuse social characteristics lead them to not share in dumillant cultural goals of economic success, notably women (Leonard 1982) and minorities (La Free, Drass, and O'Day 1992); (2) confusion over the definition I)f goals and means (Sanders 1983); (3) oversimplification of Lhe process of gang formation, gang types (5pergeI1964; Campbell 1984), and what motivates gang members (Katz 1988; Hagedorn 1988); and (4) failure to allo,>v fur humans being creative and interpretive enough to overcome lhe social structure and tri.'lnsform it (Suchar 1978). Although it is now re,:ugllized that tylertun's theory has been "reborn" as "a viable :lnd lWUll'l isin& [1-..:,<>,)' of del incIlH~HCY dnd criIne" l.hunworth and Leiber 1989,273), prillldrity because of recent attempts to develop and extend it (discussed laler), even the~e new ideas are subject to challenge. The empirical evidence for strain theory demonstrates conditional suppurt, although support is growing for tile various revised versions of the
The Sick Society
247
theory. The incorporation of the dimensions of oU1er tbeories improves tb.e likelihoud of empirical support. Thus the ecological ideas of Cloward and Ohlin about neighborhood organization and gang formation are better supported. But the balance of evidence suggests that boUl Cohen's and Cloward and Ohlin's theories are not generally supported by the empirical data, especially Cohen's idea of juveniles joiningwilh others to commit offenses in opposition to middle-class values as a result of school failure. Nor has Cloward and Ohlin's notion that lower-class youths blame the system for their failures or U1eir typology of gangs received much empirical support (Shoemaker 1996, Ill, 114-115, 120). The policy implications of traditional anomie/strain theory va_ry depending on which version is followed. Since all relate the source 01 crime to the strain produced by structural (means) and cultural (goa18) contradictions, crime control policy must attend to removing or reducing these strains or improving the legitimate ways that those affected cope.
Policy Implications There are two broad policy iJpproaches addressing the ::;tructural-cultural causes of strain. First, the fdised cultural aspirations emphasizing monetary acquisition produced by a society can be tempered. Second: tl:e unequal opportunity structure can be addressed. By far the maJonty of policy suggestions and implementations froll1 tradition~l .strain U1~ories have attempted to increase access to legitimate opportunltles. We WIll see later that one version of the new strain theory attempts to deal with the cultural question. At the macropolicy level of dealing with problems of differential opportunity structure, it is clear that if juveniles lack the means to achieve "middle-class" success, then Ule means should be provided to them. Programs such as Head Start help disadvantaged children from an early age to succeed in the school setting. Providing resources and rnobilizing disorganized communities are also suggested by strain theorists. Unlike many criminological U1eories, these policies have been implemented~al U10ugh not completely and not with much success. In the early 1960s, Robert Kennedy was appointed attorney general of the United States by his brother, President John F. Kennedy. Robert Kermedy had read Cloward and Ohlin's book and as a result asked Ohlin Lo help devise a new federal policy for dealing with juvenile delinquency.
The Juvenile Delinquency Prevention and Control Act 01 1%1 wo3 designed to provide employment and work training for disadvantaged youths. The Act also directed resources to social services and community organizations. Despite good intentiuns, the Act is generally cO~1sidered to have failed, in part, according to some, because it did not go lar enough.
Esse/ltial CriJlzillologtJ
The Sick Society
For example, Ohlin advocated strikes against schools and lawsuits against landlords as a 11leans of promoting change. The Act was much less ambitious, incorporating only piecemeal solutions. But it was the forerufmer of Lyndon Johnson's War on Poverty, alUlOunced in 1964, including the Office of Economic Opportunity (Gilsinan 1990; Sundquist 1969). From the ~(eruledy and Johnson administrations emerged numerous social engineermg programs, sudl as :Nlobilization for Youth, Head Start, Job Corps, Vista, Neighborhood Legal Services, and the Community Action Program (Dallek, 2003). Some have argued that the $6 billion spent on these programs between 1965 and 1968 was a gross underfunding given the magnitude of ti,e problems and claim ti,at up to $40 billion would have been more appropriate (Curran and Renzetti 1994, 170; Empey and Stafford 1991). Others argued that the programs underestinlated the extent of political resistance reflected in the fact that those that challenged the political and economic structure of their communities saw their funds withdrawn (Empey and Stafford 1991). The outcome was more certain: "Contrary to expectations, the crime rate, rather than decreasing appeared to increase. Moreover, as legitimate opportunities seemed to expandl the demand for even greater opportunity increased ... and urban riots became a commonplace spectacle on the nightly news" (Gilsinan 1990, 146). By the 1980s, most of Johnson's War on Poverty programs had been dismantled (Curran and Renzetti 1994, 172). In summary, classical versions of slrain theory have drawn attention to the interplay between structural!cullural forces and individual/collective adaptations to the misalignment of these and the deviant/criminal outcomes that result. Policy suggestions have been irllplemented with some success, if limited resources. What has been omitted from the theory and the policy is an analysis of increasingly diverse social values, variation among individuals' perceptions, and the contribution from institutions to these developments. The various revisions to strain theory attempt to fill these gaps and begin to make policy recommendations but as yet have received only limited empirical evaluation.
1984; 199.5a, 114-115). However, like the original versions of strain theory this version has a very limited scope since it only examines the behavior of delinquent boys in ill-ban environments (Broidy 2001). Passas (1995, 101) extended the original formulation by arguing that anomic trends apply "at all levels of the social structure" and shows especially how they apply to corporate deviance (Passas 1990, 1993). He pointed out that in "achievement-oriented societies" where people are encouraged to compete "Uley do not compete for the same things." Thus we do not necessarily need comparisons between different classes; comparisons can OCCllr with more successful peers, which may be upsetting and "generate frustrations and bring about a breakdown of normative standards" (Passas 1995, 101~102). Perhaps the most visible contributor to the revised strain theory is Robert Agnew (1985, 1992, 1995a, b), who also argued for a general strain theory able to explain crime and m.iddle-class delinquency, and has sought to identify the conditions that cause strain (Agnew 2001) and the interrelation between personality traits or "negative emotionality" and strain (Agnew et al. 2002).
248
Recent Revisions to Anomie/Strain Theory Several contemporary criminologists have presented revised versions uf traditional strain theory_ For example, while retaining the core elements of strain theory, Elliott and his colleagues (Elliott, Ageton, and Canter 1979; Elliott, Huizinga, and Ageton 1985) asserted that juveniles have varied goals that differ between individuals and groups. NIoreover, juveniles may hold multiple goals that they consider important. These may include having an active social life, being a good athlete, getting good grades, and having a good physical appearance and an attractive personality (Agnew
249
Agnew's General Strain Theory Whereas Merton sought to explain how macrolevel influences produce strain Ulat bear on individual choices, Robert S. Agnew's (1992) general stmin theory argued that microlevel stresses emanate from negative interpersonal, peer group or familial relationships that produce strain and that these forms of strain may be more important. For example, Agnew argued that jllveniles not only seek goals but exercise pain-avoidance behavior. But legitimate avenues of avoidance may be blocked: "Adolescents who are abused by parents, for example, may be unable to legally escape from home. Or adolescents who are harassed by teachers may be unable to legally escape from school. This inability to escape from painful situations, or this blockage of pain-avoidance behaviOl~ [is] another major type of strain" (Agnew 1995a, 115-116; 1985; 1989). In oU,er words, Agnew focuses on social psychological variables instead of social structure (Broidy 2(01). To Agnew, strain triggers negative emotions that necessitate coping strategjes. Agnew (1992,47) presents four sources of strain: (1) "strain as the actual or anticipated failure to achieve positively valued goals" (e.g., failure to get into college); (2) "strain as the actual or anticipated removal of positively valued stimuli" (e.g., being kicked off the high Bellool basketball
team or throvvn OLlr of a rap group); (3) "strain as the actual or anticipated presentation of negatively valued stimuli" (e.g., experiencing domestic violence or being subject to school bullying); and (4) the strain produced by the "failure of achievements to meet expectations" (e.g., failing to meet
250
Essential Crimi11nlogy
a conspicuollsly desirable boyfriend or girlfriend or getting into an average college but not the top college that friends have achieved). Strain resulting from each of these sources ma.nifests in negative emotions such as anger and frustration, which "creates pressure for corrective action, with delinquency being one possible response (Agnew 1995a, 116; Brezina 1996). Delinquency operates as one way of coping with "negative social relntions" and their resultant psychological states (e.g" anger and frustration) (Agnew 1995", 113). More recently Agnew relined this by arguing that vicarious and anticipated strain are also important (Agnew 2002). Vicarious strain "refers to the real-life strain experienced by others around the individual. ... The individual may direcl:ly witness the strain experienced by these others (e.g., such as an aSSCll1lt), may hear these others experience of strain (e.g., gunshots, screams), or may hear about lhe strain of these others (e.g., from victims or in the media)" (2001,604). Anticipated strain is the person's expectation that the current strain will continue into the future. Agnew also posits that some types of strain will not be related to crime (Agnew 2001). Whal Agne\v contributed, then, is an analysis of the psychological processes that cOllverl' structurally induced frustrations and negative emotions (especiilily anger) into delinquent action, focusing on cognitive, behavioral,
/.inli/alion" of Rt'l'ised Sirain Theon; As a result of its focus in psychological, behavioral, and cognitivE' processes, Agnew's revised strain theory is seen by somf' as reductionist, undermining the major structural tenets of the originall:heory (Farnworth
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251
and Leiber 1989, 272; Shoemaker 19%, 96). Agnew (1995b) himself argues tJ1at his revision is not intended to displace the structural dimension but to complement it. While the basic tenets of general strain theory are supported by recent empirical research (Brezina, Piquero, and Mazerolle ~001; Piquero. ~nd Sealock 2000), it is also quite robust and allows extenSIOn and modlRcation. Walsli (2000), lor example, applies behavioral genetics and biology to explain individual behavior based on strain theory. Capowich: 1vfazerolle, and Piquero examine situational anger and the role of ~oclal support networks (2001). Aspects of Agnew's general st~am theo~y concerning the negative effects of multiple sources of stram on s~cIal bonds and increased delinquent peer associations have also receIved some empirical support. Overa]], "there is consistent empirical evidence that exposure to strain increases the likelihood of ~riminal off:~ding" but "less support for the idea that aJaptations to stram are c?nd~tIOned by. a range of other factors" yet "some evidence that the combmatIon of stram and anger increases the risk of crinlinal conduct" (Lilly, Cullen, and Ball 2002,61). A major methodological difficulty in many of the enlpirical studie~r however, is the failure to take account of the difference between publIc and private crimes when measuring differences b:tween y~uths of school age and what happens when they go to work. WIthout takmg account of the crimes inside the privacy of the workplace such as employee theft, which has been shown to be highest among male youths (Hollinger and Clark 1983), it is impossible to determine whether committing crime goes up or down with increased employment opportunit.ies ~nd reduced p~es sures of Sd100l. What may be happening IS a substitutIOn of street cnme with the less risky occupational crime rather than a decrease in crime per se (Foster 1(90). jJuliclj Implicatio"s
Not surprisingly, the revised strain theories ([ike those of Agnew) see th.e problem in social-psychological tern1S and therefore p~efer the Inlcrolevel, individual policy solutions. Since Agnew (1995b) reduces th,e prublem of strain to treating people badly-they get mad and commIt crimes---he not surpriSingly sees policy suggestIOns as relatIvely straIghtforward. First, "reduce tile likelihood that people will treat one another
badly" by inlroducing family, 5chool, and peer group programs that teach people "presocial skills so that they will be l~ss 1.1kely to provoke ne~atIve reaction from others." Second, "reduce the hkelihood that people WIll respond to negative treatment WiU1 delinqu~cy" b~ providing thenl Wi~l social support and teaching them better copmg skIlls (Agnew 1995b, 40).
252
The Sick Society
Ls::;elltiul Crilllillulugy
In particular, AgIlew l:ru:,ides five l'oncrete policy pruptlSdb for juveniles: (1~ Reduce the ~~ver~ltY,ul youths' ::;lll'i~ll environment by providing thelh wIth more partlclpatlOn 111 the deCISi()[lb thai affect their lives. This ·will increase their sense of "distributive fIJ:,tice." (2) Provide academic and social monitoring, :Jupport, awl rew'Hdt:. tor prosocial behavior ·while helping them overcome adverse environments, whether this involves changing schools or families. (3) Provide sucial skills training programs to reduce adolescents' lik€lilloud of provoking negative socia"l rea~tions in llthers. (4) Provide social support such as advocates or counselors and mediation pI:ograms ~o increa~e youths' ability to solve problems legitimately, parl:Jcularly 1Jl stresstul times of transition. (5) Increase social skills trainin? and ~roblem-solvillg and anger control programs to incre~se the abIlIty of Juveniles to Cupe with adversity without resorting to dellllLJuency (Agnew 1995b, 64). It is ~mportant to point out, as Agnew did, that none of these cuping strategIes remove the forces causing strain in the larger environment dnd influencing the Success or failure of particular pnlg-rams. As he dClUlOwledged, "It is difficult for parent training prognlJl~s to be succcsstul, for example, when parents face multiple slressors such as the lack of good jobs, poor housing, and neighborhoods plagued by a host of social I~roblerns" (Agn~w 1995b, 61). Agnew left this level of policy lntervenlIOn to others. There could be no better complement than lhe recent work of Messner and H.osenfeld (1994), who combine broad social-struclural processes and, in particular, examine the shift to-ward an extreme emphasis on material goals and the impact this has un institutions uf social con tro!.
Institl/tional AnDlIlie Theory fvlessner dnd Rosenfeld's (19Y4) book CrimI! and till: /-IIJJt:ri(uli nrcalll pl"t.:.'s~nted .111e id.ea o~.~n~titutional anomie to explain the Lwiqlll.' lJ.S. obses~IOn WIth CrIme. Ilus revised inlerpretation of ivlerton's :::.trrlill theory Included elements of control theory not dissimilar to DurJJ-leiru's original argument. It focused, however, on what the authors c1airn is Ult' un-ique character of U.S. culture, the "American Dream" and the relationships between US. economic institutions. Rosenfeld and lvlessner (l tJ 95b, 1(4) defined the American Dre,Hll as "a cOD.unihnent tu the goal ultnaterial success, to be pursued LlY everyone in ",oclclYI under conditiun~ u1 open, individual cOlnpetition." The Americcl!1 Dream promote::; never-endillg individual achievefllent as i.l measure of ~ocia11~ofth. It E'11lphasiz:s 'vvinning tlVer tbe \vay Wt' play the game and [s descnbed dS a dysfunctIOnal anomic' imbalancE'. rVll:'ssJ'lt'f and Rosenfeld argued that social institutions, such as schools and thl:' ldlllily, perpetuate
253
the economic status quo, failing to stimulate alternative mE'ans of selfworth, and as a result are unable to tame economic imperatives: "In short the institutiomd balance of power is lilted tmvard the economy" (Rosenfeld and Messner 199.5b, 170). Rosenfeld nnd ivlessner staled that- this economic dominance over social organiziltions is manifesl ill three different ways: "(1) in the devalua tinn ;f noneconomic institutional functions and roles; (2) in tlw ilccommodation tn economic requirements by other institutions; (3) in the penetration of pconomic norms into other institutional domains" (l9:5b, 171). For eX(llllple, in U.s. culture, education becomes
III criUI\: llt.:ft:1HJt'> I.lli the l:~l11be\.ll.ledne;j3-...-.,£ o.;:OH5un'ytion. In
<,;:<;'H,ncL'-
lIilV-h(}S(,:,d Socif'ties SIICh as lapcll1, the anomie pressures are subdued ill m;rkl'l rp!illillllS with strong noneconomic content and control. Markel relalillJls "(He e11lbeddC'd ill noneconomic instilutiollnl dnmalns" thllt rosh"r t1'Jlsl :lllil netw()rks nf interpersonal relfltioIlS (Rnsenfelrl ilnrl
254
The Sick Sor.iefy
Essential Criminology
Messner 1995<1, 6). In postmodern societies such as the United States where the economic "bottom line" pervades all institutional arenas anCI social standing and personal worth are defined primarily in terms of individual material acguisition, anomie pressures to engage in crime are stimulated. This point is nicely illustrated by Siegel. In discussing institutional anomie theory, he states that "economic language, standards, and nonns penetrate into noneconomic realms. Economic terms become part of the vernacular. People want to get to the 'bottom line'; spOuses view themselves as 'partners' who 'manage the household'; we 'outsource' home repairs instead of doing them ourselves. Corporate leaders run for public office promising to 'run the country like a business'" (Siegel 2004, 195).
Limitations of Institutional Strain TheoTy !\tlessner and Rosenfeld's contribution can be said to revert to the economic reduclionist argument focusing on the centrality of the materialist American Dream, but 1vlerton (1995) rejected this view as too limited. Indeed, focusing on the formal economic institutions of society as the dominant shaping forces of U.s. culture and formal social institutions as ameliorators ignores the force of the often differently focused informal institutions and informal and hidden economies (Robinson and Henry 1977; Henry [1978] 1988,1981; Ferman, Henry, and Hayman 1987). That these informal institutions focus on social support and reciprocity as central organizing themes of their lllembers and exist as part of the subculture of U.s. society has hardly been addressed by strain theorists (CuIJen 1994). However, institutionalized strain theory has received some empirical support. Jukka Savolainen used data [rom the World Health Organization to show that economic inequality is related to homicide in nations with weak collective institutions of social protection. Specifically, "the positive effect of economic inequality on the level of lethal violence is strongest in nations where the economy dominates the institutional balance of power" (2000, 1026). As we argue in the next chaplers, this may also support conflict "md radical theory, but Savolainen prefers an explanation based on insfitutional anomie and strain. Nonetheless social stnleture is dearly related to crime. Similarly, Cernkovich, Giordano, and Rudolph (2000) found that while Americans in particular who believed in the .-\rw.:ricnn Drcum bUl [iJilecllO
2Si,
Policy Implications With regard to policy questions, theorists have rarely suggested addressing the cultural problem of raised aspiralions.Rosenfeld and Tvlessner elf! just that. As they observe, "Americans ... live ill a society that enshrines the unfettered pursuit of material success above all other values.... Reducing these crimes wm require fllndarnental social transfoTInatiolls that few Americans desire and rethinking (l dream that is the E'nvy of the world" (Rosenfeld and Messner 19950, 176·-]77). Thus, olthollgh the following are antithetical to U.s. cultural values of individualism and materi,,11 gain, stressing them would reduce or elindnale the insatiable desire to pursue instnlmental goals: the valuE'S of coopemlive activity; social rather than instrumental relations; sharing rather Lhnn consuming; humility and satisfaction with the irmer self as opposed to monelary success, physic;:}l beauty, and material trappillgS. Some have suggested shifting the culture toward increilsed social sup~ port at the very time when it appears to he moving aWny from this vallH2 (Currie 1985; Cullen 1994). Currie (l q 97) argues thot where the market is allowed to predominate over other social institutions and norms thaI have historically sustilined familips and commtmities, highfilles of violent crime are found and are to he expected. The "competitive CDllsumerism" of the market economy withdraws public support tlnd undermines informal networks that might otherwise cushion the deprivation and disadvantages of those who struggle to make it. Indeed, evidence suggests th<1t in capitalist nations that provide a safety net of welfare, pensions, and health C(lre, extreme economic depri val:ion is avoided and crime rates are lower (Savolainen 20()(l). However, addressing the pervasiveness of market principles, instead nJ simply pro~ viding welfare, would require a massivE' reslTlH:lllriTlg of capitalist society. For example, Einstadter nnclHenry pointer! In (l1\E' aspf'ct of vviJill such a policy might entail: limiting the extent to which we create a demand [or unnecessary consumption through advertising in the mass media. Controls might include IRws minimizing advertising tn informational claims, reducing the length of advertisements to (jilt' or two li..tw armOllncements as currently (lCenrg 011 Public Brnadcasting Service spollsorship, i1Jld vigorollsly conlrolling i1ny "hyping" o[ product thai is Ilill Sllhsl
acllieve economic success were more crime
prone than whites who have achieved success, whites who didn't believe strongly in the American Dream, and African Americans who have lower expectalions because of their unique history. Bernbllrg (2002) and Deflem (1999) add l:~xcel1ent commentary on this.
Ultimately, of course, this kind of approach hegins to challenge the very foundation of capitalisl- society, and nS we shedl see in the 11ext chaptel~ that is precisely what some feel it ShOllld do. Indeed, critical llworlsls, beginning with Marxists, i'lrgue thot the ltlt-imatc failure (If the stTnin
2S6
F.~,r.;I·1I1 ial
Criminology
that il is refnrmist; the sylstem is rigged and no il1l10unt of adjustment is guing Illl'ellluve t.he slr
Summary and Conclusion In this chapter, we examined the idei.1s that a society's culture, combined with its social organizCltiollal structure, sets the conditions for hUITlClI1 behavior. lJnder cerlain circumstances, these stnll,tund forces present some sections of the population with problems to w1l;,'11 they have to adapt. The [('suIts of these forces, experienced (IS anger Clnc! frustration, are de in shaping the context for individual ilclions. However, they have been less helpful in explaining why sucieties put up with the Tllrllildal'tinn, llldlinlegrahon, strain, and stresses of social strucllll"C and hilve bpClllllnre inclined to accept the conditions as im--'vH2Ible. Tn Ihe n('x\ Ihi1pler, we eX(lmim~ theories observing the same tt"!::Ilds hy
Summary Chart: Anomie/Strain Theory Basic ldea: The way il socit.'.'ly is organized, partit'ulruly the nature and distribution of occupatiomd rnl,:s, uPl'nrl11l1ilies, and the means to obtain them, can contradict its cultural gUilts, The resulting strain created by differential opportunity structures creates problems, frustration, and ilnger for people whose adi1l'tivp soluheJlls may include illegitimatE' beh
nor11lS dllll skills lu dchit:ve lbuse valut't:>; lh\:;'y hiw!:' a lendency toward cunfor11lity. Subcultural versiotl l:'1l\phasiz.es yotJ~hl:lIl ~\ls,:eptibility to "peer pn:ssure" and "pressure of the group" ill the tlOCld!lzallOn proce~s. Suciety and the Social Order: A mural consenslls. \)11 dLbS. I-Iler.ard\~ as well , whICh explains some petty bureaucratic dev idlKe; \3) retrealisll: .-rejec:ting but.h goals and means, which explains some drupuut 10nl1S of devlclnce, such as vagrants and drug and alcohol abusers; (4) rebellitlJl -·rejecting .prevailing values a.nd the legitimate means and substituting new goals and uSlIlg new means, whlCh explains terrorism, revolutions, and even poliliClll criI11e~. Tn ~lJbcultural versions the American Dream is combined with illadec[UdCleS ut lower-class suciali;dtiull ilnd prepi.lraliUl\ [0'· d"irncd c~dl1<.-";!tic,nal meritocracy, which leaves lower-class youths wil.h i'npaired ability to compete WillI middle-cl[:]jj [Dunkrparts and d'ecreased achievemenl. against middle-class !2JucatiomJl st(mdard.s For Cohen, this leadt. tu loss of self-esteem dnd "stalus frustration" as U1e fall: ure within the duminant Illiddle-class system is reacted to, rejected, or replacec
258
b:5Clltilll ('riIlJiIJUlugy
d llegdlive :::iubl:ullufe. ldelllificalillll with those ill the same situation results in the fOrIlldliun of a "delinqnent subculture" with inverted values of dominant classes: versa tilt:', mcdiciOlls dnd negativistic, non utilitarian behavior and the desire fur immediate rather than deferred gratification. Two oU1er responses are those of the "corner boy," who makes the best of the existing situation, and the "college buy," who strives to achieve tniddle-class standards despite adverse conditions. In the case of Cloward and Ohlin, the situation of the American Dream and blockeJ opporlunities produces alienation 111at is perceived as injustice. If the adolescent blames him/llerself, then solitary solutions and dropping oul result; if the system is blamed, support for it is withdrawn and it is replaced by one of three subcultures, depending on neighborhood condiuons: (1) a crirni* nalratlona listie subculture thal emphasizes illegitimale means to ad1ieve societal goals, such as drugs trading, numbers running, burglary; (2) a conflict subculture emphasizing violence and protest; or (3) a retreatist subculture escaping into drug use. Agnew's revised version of strain introduces strategies for avoiding the pain of strain, based on a variety uf sooal-psyd10logical variables. Messner and Rosenfeld centralize Merton's concept uf the American Dream, showing the impurtance of the dnmilldnt role of U.S. economic institutions lmdermining strong social controls. Criminal Justice Policy: Change the sndal organization of society lo better integrate members to socioeconomic roles available; do nol overpromote goals or raise people's aspil'dtions beyond their capabilities; reduce the sources of strain; balaIlce the overemphasis on market principles at the expense of other values. Criminal Justice Practice: Provide economic opportunities for lower classes; create jobs, education, welfdfe, anJ child care programs, War on Poverty, Head Start programs; organize local communities to have an investment in conventional society; create community and youth-participation programs; include programs to accept Inore wide-ranging skills and knowledge in the educational system; draw 5choulleadlers fmm a bmader social base; tead1legitimate social anJ coping skills bUl also provide legitimate opportunities at sd1001 and workplace; have group dbcLlssinn on change and growth for youths. Evaluation: Points (Jut how the organization of sociely can affect individual behavior; supported by studies of better integra led societies witi1 high family values having low crime rates, such as Japan and Switzerland; shows how strain can create criminal solutiolls in anyune; explains both lower~class crime resulting frum strain and illiddle- and upper-class crime. Fails to explain why people chouse padicular crime patterns and fails to explain violence and senseless acts. Subcultural version shows how conditions of inequality of opportunity can produce frustration and crime; explains violent behavior and destructive ads; indicates how people becume involved in different types of crimes. Cohen's version has received inconclusive empirical support; ignores rational
by
f'l'ofibbl,) d,?linq'lpilcy <1nd doc,;
no~
t.xpL-,in
n~;dcll.=~dass
crirne. CL=''-VLU"d <:'>nJ
Ohlil/s version also fails \I) account for middle-class crime (unless middle classes see selves as relatively deprived) and subcultural specialization argutllent is contradicted by evidl~nce. Later versions apply to corporate and whitecolJar crime. Agnew's revised general strain theory has empirical support. Messner and Rusenfeld's institulional anomie theory is gaining support.
10
Capitalism as a Criminogenic Society Conflict, Marxist, and Radical Theories of Crime
Capitalism is a system of economic production in which power is concentrated in the hands of a few, with the majority existing in a dependency relationship lo the powerful. This class-based economic order is maintained by a criminal justice apparatLls that serves the interests of the wealthy at the expense of tile poor. Those who challenge this system of production are destined for social control, especially if they are seen as a serious threat to the system. Certain minorities form tile lower classes but are also considered "dangerous." TIley are kept in their marginalized status by agencies of law enforcement that use a variety of control practices, one of which is racial profiling. Racial profiling is at the forefront of any critical examination of police practices. The journal Police Quarterly (2002) has devoted an entire issue to the lOpic. In recent times profiling had becOlne a frowned upon, ignored, denied, and vilified practice. Howevel~ since the terrorist attacks on September 11, 2001, profiling has enjoyed increased support. Much like the Japanese Americans who were detained during World War II llue solely to their racial profile and perceived threat, tile new "etlmic" threallo Alllerica~ those who came to the United Slates from the Arab world and are Muslim~are receiving attention. Altll0ugh ethnic profiling enjoys a strong degree of popular support among the majority of European Americans, i~s use in law enforcement reflects the way agencies of goverIUllent reinlorc~ Il1SlJlLltlUmlUz~clsocial
cllv15lOI15 Ihat rel1e,L a tl1reaL lllal tlle5e pOp·
ulations pose to its system of production and to the dominant economic and political class. Clearly racial profiling is nolhing new. It began to receive attention following the Civil War in the 18605 when African Americans vvere tlle tar-
259
E;;iselltial CrhllitwlogIJ
Capitalism as n Criminogenic Society
get of increased police attention. This is nul just a perception. Research shows that African Americans and Hispanics are slopped mure often seard1ed more often, and issued more tickets than whites (U.S. Bureau of Justi~e St~tistics 2001). The practice continued wit.h the profiles for drug couners In the 19805 and 19905 and now has shifted toward terrorist threats. fvlany people of color feel victimized by this practice and have coined ti,e term "driving while black" (DWB) (Meehan and Ponder 2002, 400). As ,Smith an~ Petrocelli noted, "historically, minorities, particularly Afncan Amencans, have had physical force used against them or have been arrested or stopped by police at rates exceeding their percentage in the population" (2001, 5). While African Americans are 12 percent of the total population, they are arrested for nearly a third of all crimes. Hispanics are stopped by police even more often than African Americans (Smith and Petrocelli 2001). Law enforcement officials often counter, "well, they commit more crime!" In fact, "many law enforcement officers view racial profiling as an appropriate form of law enforcement" (Barlow and Barlow 2002, 337). The issue is not so black and white, however. Social standing may also playa role. Meehan and Ponder noted that "disparate treatment by the police may not be the product of race alone-~the racial and class composition of a neighborhood influences police behavior" (2002, 400). Thus the stage is set for conflict between the two groups and the advocates of eadl. Surprisingly, there has not been a theoretically driven explanation for racial profiling. After an extensive literature review of research on the topic, Engel, Calnon, and Bernard (2002) found no theoretically infanned study. They then proceeded to illustrate how several different theories could be used to explain profiling. Radical and conflict theorists provide a theoretical explanation, since they are concerned WiUl social inequity, class and racial differences, and the power used by the ruling class through its criminal justice apparatus to impose white supremacist standards on a minority population while claiming that their judgments are neutral, legitimate, and grounded in the ~~nst~lution (Schwendinger and Schwendinger 2001). In short, racial profIlmg IS. part of the apparatus of mystification of the real power, which resul ts ill many people of color being victimized by profiling practices and by the institutionalized discrimination that subordinates people of color and the economically marginalized (l'vIeehan and Ponder 2002, 400). Conflict, Marxist, and radical theorists consider how the state (5ovcrnmenl), dQmina.tcd by political e1il~s and a social structu re reflecting a capitalist organization of produclion, inlpdct human behavior. As the profiling example illustrates, certain disempowered groups are targeted, feel resentment toward, as well as alienation from, a system that exci udes them, and eventually solidify in a social or political movement that leads to either social change or crime. lvlartin Luther King
harnessed such resentment and effectively channeled it into social change. Fidel Castro utilized peasant resentment to overthrow the Cuban government. Radical theorists are also interested in corporate and government crimes because they bring out features of the stnlctural causes of crime that are not immediately apparent when criminologists look at conventional street crime. These theorists suggest that crime is not simply an individual but a societal phenomenon, affecting all levels of society. Their theories refleer how law, crime, and law enforcement are often political acts rooted in the conflict between groups or classes in society. Conflict, Mnrxist, and radical theorists see the root of crime in the conflict that stems from the inequalities produced by capitalist society (Schwendinger ,Hid Schwendinger 200l), Although some use the terms "conflict," "l'vIarxist," and "radical" interchangeably, others make a clear distinction. Yet "there are many forms of Marxism, ;md ... many l'vlarxists disagree with one another" (Ivlatthews 2003, 1). There is no one "radical" or "conflict" view of crime, and "no firm consensus or precise definition of radical criminology, either with respect to its key concepts or its primary theoretical emphasis" (Lynch and Groves 1986, 4). We feel it is useful to differentiate between conflict and Marxist and radical theories based on their different conceptions 01 inequCllity (Bohm 1982; VoId and Bernard 1986; EiIlstadter and Henry 1995). In general, conflict criminologists draw their analysis from the ideas of the nineteenth-century Germ,'ln sociologists Max Weber (1864-1920) and Georg Simrnel (1858-191R). Conflict theorists see inequality based on differences in wealth, statlls, ideas, religious beliefs, and so forth. These difierences result: in the formation of interest groups that struggle with each other for pO\'\'er. Some criminologists even reject the need in society for any form of power I control regardless of its basis, since power is seen as the source for difference and domination. As a result, they adopt an anarchistic approach, even rejecting the need for government. Marxist and radical criminologists draw on the ideas of the Geffilan social theorist Kml Marx (1818-1883); they believe that the fundamental conflict is economic. This conflict is between capitalists, or propertied classes (the bourgeois), who own the "means of production" (land, buildings, factories, plants, machines, etc.) and wage earners, or nonpropertied classes, who own only their labor (the ability to work), which they sell to
260
make a living. The result i;:;
26.1
Ch'155-diyidcd EilJcietYJ with 1110Eie- in the lower
classes (wage earners) being exploited by those in the upper classes (owners of capital). Radical theorists argue that the conflict over economic inequality is at the rool of all other conflicts in society. Not only does capitalist society generate vast inequalities of wealth, but those who own tlte wealth, who control large corporations and financial and
262
Essential Cri711hlology
commercial institutions, influence those who political power (fomler busi~ ness leaders work for government and former politicians are retained b corporations). As we saw in Chapter 2, both conflict and radical theorists r: jeet the restricted legal definitions of crime because these take power for granted: IIlde.eel, "the role of power in the definition of crime is the central [oells ol conilict Climinology" (VoId and Bernmd 1986, 267; Muncie 200fl).
Shared Assumptions and Differences: Conflict, Marxist, and Radical Theories Conflict, Marxist, and radical theorists share a view that humans are active creative agents who invest their energy in building the social sbucture. Con~ fliet theorists see individuals cooperating with like-minded others to fonn groups, which then compete in the struggle over resources, ideas, ideologies, and beliefs. There are also similarities betvvcen conflict and radical theories over the cause of crime. Each views crime as the result of the economic and political organization of society. Both canllid and radical views share a macrolevel perspective. Thus each looks to structural causes of crime in the conflict ~viUlin society; most crime is seen as the result of large forces (e.g., economIC, fonn of government, etc.) rather than individual paUlOlogies. Conflict rmel radical perspectives share a concern with who holds power and closel y examine "law creation, interpretation and enforcement" (Holman and Quinn 1992, 289; Chambliss ]989). Consistent with their ideas about society, however, conflict theorists see law as a social control mechanisIll, a resource and weapon in the stnlggle for po\ver intended to help those who capture it to lllilintain or increase that power (TurJ~ ]9(9). Confli.ct theorists also recognize that law has a symbolic role, publIcly representIng the social standing of the ideas of those in power (Gusfield 1963). TIley argue that groups \'\'ho have power over others (~vhether economic, soclat ideological, morat or religiolls) typically de[me \vhich behaviors are criminal and which aTe not. Thus laws reflect the v~lu:s a~d in.terests of the dominant group(s). As a result, laws mainly cnmmahze cnmes of the powerless, leaVing harms caused by the powerful (~llch as corporillions and government) as lesser admjnistrative or regulatIve offenses. Similarly, the powerflll organize the system of criminal jushce to benefit those .With money. The sanclions given to powerful offenders are IJsuaJIy civIl or restitutive in nature. Although severe prison s~ntence.s rlre given on r(ln~ oCC3sions ~o ~hc F'0~v\:'rful who conunil excep~lOnal cnme~ and corporations are sometimes given large fines, the majorIty of such o.tfenc1ers receive relatively little punishment. for example, the ~verage corporate fine is the equivalent 0.f$10 for a persnn earning $35,000 per year (Errnann and Lundman II'J92) 19%, !!O).
Capitalism as II Criminogenic Society
263
Despite these similarities, there are also some important differences. Conflict theorists view human nature as a~oral rather ~l~n g.ood or bad. Marxists and radicals view human nature In a more POSItlv.e lIg!lt: People e born with a "perfectible" nature, but forces shape thenlll1to Imperfect, ~:Viantf and crnninal ways. If humans behave badly, theref.ore, it is not their doing alone, but how their nature is shaped by the sacral s~ctur:, rticularly "the ways in which capitalism itself creates the conditions 111 f~lich crime is likely to occur" (Matthews 2003, 3). ~umankind is ssumed to be basically good and Ule structure of society IS what created ~r caused evil people. Marx thus believed human nature is "perfectible," but perfection requires a society that celebrates social connections over individuality. IvIarxists and radicals also see humans as social beings who use their energies to transfonn the world. They are U1US purposefuL In the course of transforming the world, they are themselves shaped and fonned. As Marx insightfully observed, "Humans are bOUl U,e producers and products of history" (Young 1981, 295; Marx [1859]1975); Marx also believed people are shaped more by their society's economic organization Ulan by their own individuality. Although bOUl versions see the idea of consensus as a myUl, Uleir ideas about the nature of conflict differ. Conflict theorists recognize that society is composed of many different groups, which have differing, and often c0l11peting, interests, values, and norms. They acknowledge a plethora of interest groups (women vs. men, etlmic group vs. ethnic group, ridl. vs. poor, liberal versus conservative, Greek students versus non-Greek, etc.) and issues (more government versus less government, anti-abortion versus pro-choice, etc.). Since there are limited resources (bOtll material and social) available in any given society, competition between these different groups for resources inevitably results in con1lict·~sludentscompete for grades with the other students even if they don't desire to do so. ivlore conservative conflict theorists (Simmel [1908] 1955; Coser 1956; Dahrendorf 1959) believe the competition al110ng interest groups produces a balance and compromise that can actually prove functional to society; others believe that some groups emerge as dominant and that such domination can be destructive (Void [1958]1979). In particular, those who control the resources and those who have authority positions have power in sodety (Turk 1966, 1969). This is because over time humans in subordinate positions learn to follow those who dominate them. Based onMarx'~ analysis, radical theorists olter a rnore dichQt()mQLts view of the sources of conflict rooted in economic inequalities. Those who own and control the "means of production" (capitalists) are in conflict with and control the lives of those who do not~the labor providers (workers). The radical analysis therefore is primarily focused on eco-
264
L2ist!//tial CrilllilloloSY
n~mic t:ilTuctur~ dll~ class ~tratificatiull (Tay/ur et al. '1~)73; C1uillncy 11)74 wIth all other cOllllIcts bemg an outcome 01 the bdsic ecu!lllmk stILI' . /' between the capitalist and working c!<.isses. gg e Radical theorists. take one of l'vvo view5. OnE' view believes that the state,. and ~hrough It the .law, rl'presents the machinery of L'apilaJist repr~sslOn, dIrectly cuntrolhng thos(' who challenge the economically powerful (Quinney 19750, 1977). This is k.11mv11 a::; the "instrumenlalist view" beca,lIse the state is an instrument of tlll' ruling cla~s: "Instrumentalists see lIttle st~te autono~'lY, dS the policies of the state are llldnipulated in fa,vor of the l11teres~s of. powerful segments of suciety" (Matthews 2003, 6). fhe sec.ond .MarxIst.V!ew holds that the state (and the law) is an ideologi_ cal deVICe that mystrfIes the power of the dominant classes by pretendin to be neutra,l ~~ ~ts, protection of individuals, regardless or" theirpowe~ (Young 1981). ThIS IS known as the "structuralist" view that SL'eS the state as semiautonomous and exists "to resolve the inherent contradictions of the capitalist system" (Ivlatthews 2003, 6), Radical criminolugists define crime more broadly than rIo established legal definitions to include all acts that create hann-, including those that v.io~ate hUl1:an righ~s. c.~onseguently, crimes of domination ~u('h as "imperral~sm, raclsl:l, ~apItahsm, sexism, and uther systems of exploitation" are ~e£med a~ crm1l1lal by those sharing a radical perspective (Platt 1974, 6; Schwendmger and Schwendinger 1970; Quinney and \Nildeman 1991. MW1cie 2000; Henry and Lanier 1998, 20tH). , Methodologically, "radical criminologists are more spedfk than cunfliet theorists in Uleir identification of Ule explanatory variables Ulat presumably account for crime" (Bohm 1982, 5(6). R;dicals look to the political and economic structure of suciety, whereas conflict theorists consider a much wider basis of stratification as the culprit. Radicals see tile capitalist structure as forcing humans into competitive hostility with one anoUler raUler than helping people to be cooperative partner~. Crime is the. OU.tc01~le of tllis compelition and an expression of the anguish explOItatIOn unposes on the puwerless (Engels [1845] 1958; BangeI' /1905] 1916). As a resu,Jt, ~ome crime is also an expression of political protest towards the capItdllst system (Taylor et ell. 1973), while other crime is the result of greed. Let us now explore these differences in more delail, first by examining conflict criminology.
The Roots of Conflict C ..iminology Social conflict is present in all societieti and occurs at all JevL'ls, Ir01I1 inclividuals to groups. It has been defined as "a slruggle uver values or claims to st~tus, pcnver, and scar~e resourc€ti, in which lhe aim::; of the contlicting partIes are not only to gam the desired values but also to nelttrdtize, in-
Cnpill7IislJl
'ore,
liS II
Criminogenic Society
26;:;
eliminate their rivals" (Coser 1968, 232), In Chapters 2 and 8, we that cullure con flid is an integral part of conflict theory's intellectual roots. I-Jere, vve are concerned with the ideas of those who look at crime as resulting from structural rather thall cultural differences, although the two are dearly interrelated (see Fl':lTf' II 2(03). Early ide?ls about broad notions of struclural cnnflid can be found in lhe work of .t'-·/Iax VVeber. PI"
~liSl:Ll:-;s('d Sellin's (1938) ideas of culture connie! and saw
\I\!f'hcrls Class, SlalHs, and Pariy Ivlax VVeber (1864-1920), a German lawyer and sociologist, is considered one of the three founders of sociology and a major contributor to U1e understanding of the sources or contlict. At age thirty-four, he suHered acutE' depression that lasted for five years. VVeber did not present a the-ory oj crime causation, but he djcl identify the sources of conflict. Weber's disnlssion uf connicl cl;lerges in his anlllysis of the role played by charismatic leaders in the transition from traditional society to modern c~pita1ist sociely (Weber [1922] 19(6). '\AJeber identified three important dimensions of inequality: (1) power, represented by party; (2) wealth, \Nhit'h relate; !o economic positiol\, represented by class; and (3) prestige, which is allached to those in high-st
266
Essential Criminology
Simmers Fllnctions of GrollI' Conflict Like his friend :fvlax \Veber, Georg Simmel (1858-1918) was a German ciologist, but he was far more optimistic about the nature of modern sOci_ ety and the role of conflict. For most of his life, he taught at the UI1Iver,";h, of Berlin, becoming a professor only fOUf years before his death. Sinunel was one of the first sociologists to explain conflict as a common and stable form of interaclion. Conflict La Simrnelwas one of several patterns of rec_ iprocal relations, along with competition and cooperation, that underpin complex social behavior. Unlike Webel~ Simmellookecl at the interrela_ tionships between individual meanings attributed La social action and the transpersonal meanings that people construct. His major contribution to conflict theory was a short but influential essay in which he argued that conflict is both inevitable and functiont':J1 in its ability to resolve contradic_ tions and leads to a unity of the systemic whole (Simmel [1908J 1955). Simmel believed that biological differences were natural and were exacerbated by differences of interest but could also be placated by harmonious relations. Simmel believed that conflict was a variable phenomenon and that some levels of less violent confIlct served a functional "tension-reducing" process that "promoted the solidarity, integration and orderly change of systems" (Turner 1986, 140). Simmel saw violent conflict OCCurring where different groups have a high degree of harmony, emotional involvement, and solidarity among their members and where the nature of conflict is beyond the members' individual interests. The violent actions of some right-to-life groups who define abortion as murder provide a clear contemporary crime illustration. Recently caught (June 2003) abortion clinic bomber Eric Rudolph provides an example of how conflicting ideas can lead to homicidal actions, But l:he history of the abortion conflict seems to undermine another of Simmel's arguments: tiMt as specific goals of interest groups become clarified, violence is replaced by other (political) means to achieve the same ends.
Dalzrend07j's Dialectical Conflict Perspective RaH Dahrendorf, a SOciologist who taught at the University of Hamburg and Stanford University and later became director of the London Schoo'l of Economics, wenl into politics and was named a British lord. In a critique of functionalism, ·which he saw as utopian and unrealistic, Dahrendorf (19,1;9) presented a "F'lurfllistic" verBlUIl Or conflict in 1,ovhich he showed two [aces of society, both consensus and conIEd, existing in a dialectical relationship. This is based on Hegel's notion that a society produces contradictions (seen here as conflicts bel\veen opposing forces) whose resolution results in a new organiz.ation different from its original (seen here as consensus) (Balkan et aJ. 1980,336).
Cnpitl1/i.
267
B I examining conflict between economic inlT'rest groups and a vari:Jf groupS that compete for l'llltllorily, Dnhrendorf incorporated Weberian ideas, although some say a~ a result: h(' 111linlate~y reprod~lces a perspectlve (Taylor et 211. 19/3, 23R; lurller 1986). Dahrendorf describes groups as havJng an organization of social les whereby some people (~xercise power over others whom tlwy call ro to conform. ThiiS people exist in relations of domination (possessing authority) and subordination (subject to authority). Bu! thes(' elations of domination and subjngation need not mean people are \.0~aJlY dominated because they may hoJd different positions in different ro~ps or organizations: "Since domination in induslry does not neces~arilY involve domination in the Slale or a church, 0.1' other a5s.oci<1tions, total societies can present a piclure of a pluralIty of dOJllmar~t (and conversely, subjected) aggregates" (Dahrendorf 1959, 1Tt), Dahrendorf argued that such pmver relrltionships become accepted by members as legitimate authority UgS8, 19.5CJ). Sirnultaneously, power and authority are seen as resources to be won and over which subo-roups within the organization fight. Those who acquire power coerce ~roups without power to conform. This creates two basic types of social groups, each contesting ,mthorily: the rulers and the ruled, the former trying to preserve their power, Ihe latter trying to redistribute it. Should those who rHe dominated take control, the whole cycle repeats, resulting in further polarizati?ll around new i~ller:sls, ~uI lowed by furlher conflict and reso]ulwll (Dahrendorf s dIaledH'al process of social change). Thus cnnfliel is contill\.lrllly c~~ling a.nd going as conflicting groups first win control <1Jld thpll slabdlze before again reverting into conflictual rebtions. For Dahrendorf, conflict is not a matter of a particular underlying inequa.lity of economic interests but can be based on any kind of difference. For him, the existence of inequality is inevitable bCCClUSe- humans evaluate each other as different rather than equal. Therefore, sOlne will always be dominant over others In terms of a rank-ordered s(ll'ia] stCituS. Inequality, then, is a function of organizational processes thai produce legitimale authority roles of domination and suboniinalioll. Like SOlllE.' other foundill,g conflict theorists, Dahrendorf did nol specifically Clddress crimE', but hIS ideas greatly influenced Inter COllnict lTiminnlogisls, parLicul<'lrly Austin Turk, as we shall see later.
Volrl's Group ConJlict 'llIC011/ George VoId (1895~19n7) was one of the first crl11l1nolngists to systemal ically apply the conflict ideas preseIlh~cl by \Vebpr, SimlllE'l, and Dahren-_ dorf to the study of crime. VoId, who taught ,11 the University 01 Ivlinnesota and was a conlemporary of DahrPIlr!Clrf, rllblishpd his highly
2liS respected Theofcfim! Crimillology in -19Se;. Later editions of this book are still much in use tIlde])' ilJld the wnrk has becomE' a standard lext 011 crim_ inological theory (VoId r]CJSSl 1979; VoId and Bernard 1986; VoId, Berna~'d, and Snipes 199R). VoId WilS especially illlluellced by the work of Simmel. He presented a view of cerlain crimes being cCiusecl by conflict and argued that it "VClS absurd to explain thes(-' acts by individual-level theories. He pointed out that Illmli111S are group··illvolved beings and thal society is ll. continuity u{ group interaction "of moves and countermoves, of clwcks <wd cross~cJlI'("ks" (VoId [19581 ]97Q, 283). Society exists in a sUIte of equilihriulil lind relative stability, not because of consensus among all its ml?lllbl'rs but because of "the ncljllstment, one to another of the many groups of vilrying streng/·hs rmd of different interesls" (Vold [1958] 1979,284), in other \VDreis, cunlliel between rival groups. VoId argued that groups comeintu conniet beciluse of llverlilpping interests and ~ncroachments over territory thilt lead to competition. Group members must protect agilinst the cLmger nf being takel1 over or replaced. Members of groups (lre invested in defensive activity, which they express through acts of identification, IOy;11t1', and self-sacrifict.', each intensified by conflict. In the conflict betwpen groups, the weilk dre ge-nerally overwhelmed and absorbed, vvhereas the strong milY increase their power, be vanquished, or meet wilh cumpromise. Applying these ideas to crimp, VoJd argued that in the conflict between groups each seeks the supl'0rtllf the state to defenclits rights and protect its interests, with the resultl!l<Jt "the whole polilic,d process of law rnaking, law breaking, and la\v enforcement directly reflects deep-seated and fundameJlt,d conflicts bel ween interest groups and their more general struggles for the control of the police power of the state" (VoId [1958J IC)79, 2RS). Those whn vvin dominate the policies that define crime. With regard to crime, Vold floted a prevalence of group involvernent, from organized crime to delinCjw:,nt gimgs, each fighting for turf, markets, and social honor in ways tlli'lt ,tre ill conflict with those of organized society. The group also defineslI1ember behavior as ilcceptable, even honorable. VoId described how much criminal activity is a product of the dash of interests between grollps TlOrlllill, nal ural
respunse uf normal.' natural h.Ullldl1 beillgs stn(~gling iI.l. ~mder~t~i_~ldab~y normal situations Iur the lllJmtenance of the way of hI!.: to whIch tht'y stand committed" (Void 1195K] 1'17'1, 296).
Contemporary Conflict Criminology Since DalJrt'nd~)rf and VoId, o.thers hd~e sougl~tto de~'elup and e~t~nL~tl:e ':l s of these founding conflIct theOrIsts tu Crtrne and the law (Bux [lSl711 ~'9~~; Hills 1971; Chambliss and Seidman [1971] 1'182; Krisberg 1975; Pepinski 1976; Reiman r197~] 1995;. Schv\'en~inger, and" ~~I~:v~ndmgLer 2001). Here we focus on two J1lu~tratlve cUlltnblltor~; Au~tlll lUlk (~96J), I O se ideas closely foHow t.hus\:! of lJahrendorf, and Richard QUInney W1. h W th (1970), whose theory was more dcrived~rom .void':; approac. e' en look at anarchist criminology as dll extenSion of conflIct theory.
'H11-K anrllhe Cri1'1liwllization oIResisUIl:5 Subordillates Austin Turk's majorcont:ribution to conflid criminology, ('I:'~llJill.lJ!ily :lIld the Legal Order (196!j), was deeply indebted to Dahrendurl t; dIalectIcal conflict theory of society. Turk (1966, 19(9) clttempted to shuw how peoIe in subordinate positions of authority are sub.iect to the values, stanand laws of those in authority positions. Unless learn to be deferential to authurity, their behaviors WIll be defIned as criminal and they will be given the status of crimillals, Turk argued tl~at people continually learn to interact with each other dS llOlders.(~f ::.upen.~r or inferior social status. The learning is never cumplete or stabIlIzed but IS in constant adjustment and conflict because of individual diffe~·en~es. Turk defined the norn1S learned in this process as norms of dOffimatlOt1 and norms of deference. He argued that the extent to w!Jil:h a person relates to norms of domination is related to sociocultural factors such as age, race, and gender. "Nurm resisters" drc r~lati\'ely Ul:so~histicat~d.ill the "knowledge of patterns in the bt'11avior of otlJers wlnch IS used Hl dttempts to manipulate them" (1966,348). For Turk, crimes a~·e.~he acts of those who have not been " conditiollt'd III ilCl.::ept as a fact of lJte that authorities mllst be reckoned with" and it is ~uch cunditioning that underlies social order in all societies (1lJ69, 44). Turk identified the conditions that ll1dke conflict between duthorities and subjects over different norms and vdlues more likely: (1) when c~I1 Lural valuei:l und tiudullll::livniJ \,:11 alllhvriti\;·v ~Ul; In I.:ln0\; u}jrc~ml,;rH ~u.ct u, similar congruence e:;-jsts in the L'a~e of subj~ds, (2) whel: dlll:horitiesand subjects are organized, uncl (3) when dulhurilies or subJ~cts are.l,ess S~) phisticatecl, He then described the cunditions un,del' WhICh C()J~tlJcl. WI_t~ I ad to people beino- criminalized. Again three JllaJor factors are Involved. (~) when law enfor~ers aud the cou~ts agret' 011 the serious nalure of the
~ards,
~le sUbor~inal:es
27(1
Essential C'rilllillol0:5Y
offenses, (2) whell lhere it:. d large pmver differential between enforcers and resisler~, and (3) when cuntliclll10ves designed al imposing norms Or resisting their impusition are unrealistic. The Schwendingers (2001) Use student prutest and lhe guvenunent's response as dn excellent illustration of this argumenL In his later work, Turk (1976 "l9IH) suggesled lhal over time Ule autho r_ ity--sllbjecl relationship becomes less coercive and more automatic, as new generations of people are born into the existing set of laws, rules, and definitions of reality, which they are less likely to contest.
Quinlley's Social
l~eality
uf Crime
A contelllJJor~ry of Austin 'HJrk's ill the Univertjity of Wbcolltjin sociology department, Ridldrd QuirUley hab been one 01' tile Illost prolific critical theorbts in criminology. Although beginning as d functionalist in the anomie/strain mold, Quinney metamorphosed thrvugh interactionism, social constructionism, conflict theory, and instrumental and structural Marxist theory dlld eventually reached a spiritualist-informed peacemaking approach (discussed in the next chapler). During each phase, he wrote one or more passionately commilted books on the perspective (Martin et aL 1990). His contributioJl to conflict sociology carne WiUl his 1970 book Tht: Social Reality of Crime. Drawing on s12veral of the conflict traditions discussed previously, particularly SimmeJ's and VoId's, Quinney saw humans as rational, purpnseful actors subject to an unequal distribution of power that produces inevitable contlict. This cont1iet is between competing groups or "segments" of society, whuse members' actions are designed to maintaIJl or advance their position (QUinney 1970,8,-14). Segments uf sociely share \lornl:::., values, and ideology, but unlike Vuld's interest groups, they lleed nol be organized (VoId [195811979,302). Those who have the power tv shape public policy act lhrough authorized agents in sut:.'iety (SUdl as legislators and judges) to fonnulate definitions of crime that contain, PI' control, the behaviors of members of those segrllents \vith whom tht'y dre in conflict. Recdll our clpening discussion of racial pmfilir~g, The conflict need not bi2 organized political struggle but can consist oJ individual acts of resisldllce by members of powerless segments. CriminalizalioLl is done with a view to maintain the current baldIKe of power or increase a segment's positiun of control. De,fillitiolls uf t:rinle are not Inerely legislated but become part of the publIC psyo.:'l'l(l ;Ilhl f'opuL,r cull-un:.: .. ",
Capitalis!l! as Ii ('ri/JlilJogellic Socidy
271
QlJinney further argued that criminal definitions are then .applied.by the duthorized agents (police, judges) of those segments of SOCIety haVIng wer. This is done in relation to the degree of threat that the powerful poerceive from the powerless and in proportion to Ule degree o.f VISI . ·bil·t 1Y
~f their crime(s). Thus
crimes most visible and most threatenmg to the owerful are those most subject to criminal processing, In response, those p 110 are relatively powerless develop patlerns of behavio. r in relation to w" 1 the definitions imposed on them (Quinney 1970, 15-23). For examp 12, African Americans may avoid taking shortcuts through affluent white neighborhoods because they fear being stopped, ~earche~, an? ticket~~. From this, Quinney concluded that the social realIty of (rune 111 a polItIcally organized society is a political act designed to protect and perpetuate a particular set of interests over others. We conclude the review of conflict theory by considering the extreme suggestion that power is the cause of conflict and thereby of ~~ime. T~lis implies that the only solution to crime is to remove the conflIct, whIch means removing all sources of power. This is precisely the position taken by anarchist criminology.
AI/archist Crillli/lology as a Vcrsio/l of CO/lflict Theory The anarchist theory argue::; that crime is caused by structures of power and domination. Thus the anarchist criminologist spends more time trying to replace structures of power than developing analyses of how tllese actually cause crime. Anarchy means a society without rulers. It is not a society without order, although that is often assumed in the pejorative use of the term. Anarchism refers to those who oppose organizational and institutional authority. It has its intellectual roots in the nineteenth-century writings of Pierre-Joseph Proudhon (1SlI9~]S65), Mikhail Bakunin (lSI'J-1876), and P'etr Kropotkin (1S42~1921) (Woodcock 1963,1977). Prouuhon believed that authority and power in any form are oppressive and that they are rooted in the private ownership of property, which he saw as theft. Bakunin, like Proudhon, vehemently opposed Karl Marx's communism, believing that his ideas for a dictatorship of the proletariat would simply result in another form of domination and re-create the state in iJ new form (history has provided support for this view). He argued that privilege makes humanity depraved and can only be ~emoved by de_stroying all
forms of hierarchy. KroPQl!\]J1 tlemonstrated, 1Il cOIltl'asllO IJlU'WlD, Illal
successful societies are founded on cooperation and mulual aid rather than competition and that the government is urmecessary and dest~'l1c tive. These anardlisls take the view Ulat cooperative interactive relatIollb are a natural human form that will emerge, provided people are allowed to engage in free and open interaction. Structures of power, whatever
272
Capitalism as a Criminogenic Soden)
ES:JeJztial L'ritnillOlogy
their form, are based on inequality and hierarchy, which create cunflict and destroy ~e freedom necessary for constructive cooperation. More recently, ~ese Idea~ have, been applied to criminology through the works of Lany TIfft, DennIs Sulhvan, Hal Pepinsky, and Jeff Ferrell. Anarchist criminologists (Pepinsky 1978; Tifft and SullivaJl 1980; Ferrell 1994) belIeve that hlerarducal systems of auUlority and domination should be opposed. As Ferrell (1994) argued, nothing is more formidable than the unchallenged supremacy of centralized authority structures U1 feed off of divisions of class, gender, and race. Recent anarchist crimino~~ ogy r~late~ crim~ as ,a meaningful activity of resistance to both its constructIon 111 socIal mteraction and "its larger construction thrau I processes of political and economic auU10rity" (Ferrell] 994, ]63). AI~: Hung that fragments the state from its seamless hierarchies of authorit and pov:er is desirable. Thus anarchists believe existing structures ~ ?Orr;1l1atlO~ should be repl~ced .by a "fragmented and decentered pluralIsm U:at celebrates mult~ple mterpretations and styles" (Ferrell 1994, 1.63). Llke the postmodermsts we examine in chapter 12, anarchists belIeve that knowledge and information is a structure of domination to be discredi~ed ~nd replaced by embracing "particularity and disorder." ~tate JustIce sh?ul~ b~ repl~ced by a decentralized system of negutiated, fac~-to-fa:~ JustIce.ill whIch all members of society participate and share theIr deCISIOns (WIeck ]978; Tifft ]979,397), a system of "colIective neg,OtIatlOn as a means of problem solving" (Ferrell 1994, 162). This is deslg~ed to brin?" tl:e individual to accept responsibility for his or her behavlOf by remmdmg offenders of their connectedness to other members of the society. The aim is to restore the wholeness of social existence to the c~ll~~tive after it has been breached by a person's failure to accept res~onsIblhty and connectedness. In the anarchist view, crime and deVIance may be no more than indicators of difference. Such a view denla~ds.an "anti-a~tllOritarian justice" tllat "would entail respect for alternative mterpretat~onsof reality" but would oppose "any attempt to destroy, suppress, or Impose partIcular realities" (Ryan and Ferrell ]986, 193) and would encourage "unresolved ambiguities of meaning" (Ferrell 1994~ 163). Cl.early, U1e logi: of the anarchist criminologist's position is tllat If power IS the Source 01 domination and thereby the source of crime it is power and structures of power that should be removed as we shall see below in looking at policy implications of conflict theoris;s.
Limitations ofConflict Theory Conflict th~ory has ?een criticized on,a number of grounds, some cuming from C~~f~lct theonsts themselves, For example, Quinney's theory has been cnticlzed both by others (Taylor et a1. 1973) and by himself (QUinney 1974). One primary cntIcism IS that the theory is overly pluralistic and
273
fnils to acknowledge that powerful segments are actually economically powerful classes. Taylor and coll~a?ues (1973, 266) cr~tici~ed Turk for accepting "the retrenchment of eXlstmg orders of dommatIOn and repression" and criticized conflict theory generally for being limited to exposing ruling-class interests in the criminal justice system while ignoring how Ion\' and the crimes of the poor and rich are connected to the shucture of capitalism. As Lynch and Groves (]986, 40) pointed out, in contrast to the pluralistic ideas of conflict theorists, radicals "emphasize structured inequalities as they relate to the distribution of wealth and power in capitalist society, and hence define power in terms of class affiliation, rather 1113n diffuse interest groups or segments." III spite of these criticisms, one recent COlnmentator points out Ulat "there is a considerable body of research supporting the conflict view. Criminologists routinely have [oLU1d evidence that measures of social inequality, such as income level, deteIiorated living conditions, and relative economic deprivahnn are highly assoeinted with Clime rates" (Siegel 2004, 257).
Policy Implications The policies advocated by conflict theorists range from refoTIn to transformation, and in their anarchist version they advocate revolution. Of all the conflict theorists, Austin Turk has most clearly detailed the changes to criminal justice that remain consistent with the essence of conflict theory. With regard to policy, Turk is to be commended for at least specifying the concrete measures about which most conflict and radical theorists are silent. In a 1995 papel~ "Transformation Versus Revolution and Refonnism: Policy Implications of Conflict Theory," Turk identified five general principles on which he based his program for structural transformation: (1) policyrnaking is a political process aimed at minimizing human casualties, not merely the application of technical fixes; (2) reducing crime and criminalizalion requires changing structural relationships, not merely persons; (3) policies must fit within a broad strategy of change rather than being piecemeal programs and reforms; (4) policy should recognize "field controls" emphasizing environmental changes rather than "command" proclamations and moral invectives and threatening punishment; and (5) policy should aim for a more viable rather than a more docile society (Turk 1995, ]8-2]). Based on Ihese five principles, 'Ii.uk identified eleven concrete measures to reduce crime, and we have added eXaITIples that move toward his suggested tneasures:
I. Establish a public information resource center on crime and justice to organize research hworing structural transformation. For example, the establishment of the NationCl! Center for Research on White Collar Crime in \"'est Virginia.
274
Essp.tJtinl Crimi111110gy
2. Establish gun control nationwide. For example, lawsuits against gun manufacturers for making dangerous products, which is likely to result in a form of gun control. 3. Abolish capital punishment. For example, some states, such as Michigan, do not have the death penalty, and others have it but don't use it. 4. Indefinitely incarcerate heinous violent offenders. For example, three-strikes laws and truth in sentencing have made this a reality. 5. Stop building prisons. For example, declining state budgets and shorter sentences for less serious offenders during the early twenly-first century made this a reality. 6. Create paid part-time community service jobs for all young people. For example, Peace Corps. 7. Decriminalize drug possession and use, rehuning control to medical authorities. For example, marijuana possession has been made legal and treatment options, in some cases, increasingly are preferred over prison for drug offenders. 8. Decriminalize all consensual sexual Clctivilies. For example, the Supreme Court upheld sodomy as legal in the privacy of the home. 9. Decriminalize all forms of recreationill gambling. For example, increasingly liberal laws on gambling nS many slates now allow casinos and rlln lotteries. 10. Declme a moratorium 011 aU mandatory sentencing. For example, some statf's, such as lYIichigan, have repealed mandatory senl'encing laws. II. Estilblish community policing ilnd community development. For example, most pohce agencies have community policing. (Abridged from Turk 1995,21-24)
In ilclditioIl, Turk proposed more radical and less likely policies including the estahl'rshmcnt of national cOIllmissions to oversee every level of govenllllenl, meet [he heallh aIld economic needs of families, promote educalional excelll~nce, develop commnnities, promote progressive and eliminille fegressive taxation, Clnd encourC1ge socially conscious economic ancl technological development, 'nlese policy proposals and practices are designed to eliminate the structural barriers "that pit classes and groups against one another" and to minimizE' "the conflicl:s among them" (Turk 199.5,2/;). However, if Turk's version of radical reform sounds unlikely, 0ven mOlY' so are the ideas behind anorchivt Gills to abolish the state. There ;:IrC' similnrities behveen the anarchist call to dismantle the state and its system of justice and the more limited calls of radical abolitionists that foclIs Oil dismantling penalillstitulioIlS as a way of dealing with crime. Abolitionism has its roots in lhe criminology of the Norwegians Thnnlils 1vl
Capitali:iJIl as il Criminogenic Society
275
nlOre recenLIy, in the work of the Dutch criminologists Herman Bi~nchi and Rene van Swaaningen (1986) and WiHem de Haan (1~90). AbolItionism is rooted in the notion that punishment is never justified. It is a nlOvement not merely to reform prisons but to get rid of them entirely and replace them with community controls and community treatment. Not only are prisons seen to fail to control crime and fail to prevent recidivism, but they are viewed as an inhulllane mechanism used mainly for controlling the least productive members of the labor force. Abolitionists point out that the "cultural values embedded in, the concepti~n of prisons reflect a social ethos of violence and degradatIon. WI:e.n pnsons are expanded, 50 too are negative cultural values symbohzmg acceptable strategies for resolving interpersonal conflict" (ThOlnas and Boehlefeld 1991,242). For abolitionists, sodal control should not be about inflicting pain but reducing pain. To achieve this, it should be decentralized and broken up into democratic community control and new concepts such as "redress" should be adopted (de Haan 1990). These concepts are based on redefining crimes as undesirable events, problems to be solved. For example, Knopp (1991) points to the complete failure of the current system of punishment and argues for a system of "restorative justice" (see also Chapters 9 and 12) founded "on social and economic justice and on concern and respect for all its victims and victimizers, a new system based on remedies and restoration rather than on prison, punishment and victim neglect, a system rooted in the concept of a caring community" (Knopp 1991, 183). Like anarchism, abolitionism has been criticized, even by sympathizers, for its romantic idealism, lack of conceptual clarity, failure to develop a well-grounded theoretical analysis of its opposition to punishment, and the absence of concrete practical strategies for dealing with dangerous offenders (Thomas and Boehlefeld 1991). Rooted in a similar humanistic concern, some of Ule founders of conmet theory, Richard Quirmey and Hal Pepinsky, and the founders of anarchist criminology, Dennis Sullivan and Larry Tifft, have gone on to develop one of the most promising new developments in critical criminology through their advocacy for peacemaking criminology and restorative justice, which we consider in Chapter 12. Before examining Ulese ideas and those of other critical crirninologies, let us first see if .tvlarxist and radical Uleory has someUling further to offer.
The Roots of Radical
Theory~
Marx's Analysis of Capitalist Society The German Jewish philosopher, sodologisl, and historian Karl .tvIa.fx 0818·-1883) is one of the most: influential social thinkers of all time. EntIre
276
Esse/Ifill! Crill/it/uloSY
gove~nmt'nls
dIld :::,uclal systems have been developed {rOll I his ideas. 1\I1arxIst theory has abo heen Olle uf the major frameworks oj :"ltldy in all the social sciences. It is therefore surprising fur students III learn that Marx wrote very little about ('[imet TvIarx and his colleagllt', tlte cuthIll mill owner Friedrich Engels (1820-1895), wrot.e about the economic cla~'-i conflict that exists in capitalist societies and, they believed, would 111Li~ mately resull in the dO'vvnfall of capitalism. Their analysis was based Oil the.con~ept Df hisluricl!~ IJlI7ferialislll, which is a method of study and explanatIon lor understanding Iwvv past empirical events shape future social systems, and in turn shClpe the actions of people within them. Unlike the. German philosophical idealist Georg r-legel (1770~1831), who believed lhat humans created the world from their own thoughts and ideas, Marx ,-uld Engels adopted the opposite, materialist vie\-v thelt hllIUdll consciousness was created by the concrete conditions of productive wurk (labor). But .I\IIarx's notion of materialism \<\'ClS not the traditional Olle that saw humans laboring as isolated individuals but a new "historical" materialism that recognized the social relations of productive activity in different historical eras (Carver 1987, 105). Thus, in one of Mar;;;'s· most frequently quoted passages, he argued: In the social production of their exi::;tellce [hu]ll1en[sJ IneVitably enter into definite relations, which are independent uf their \vill, namely ·1·elations of production appropriate to a given stage of development of their material forces uf productiun. The totality of these relations of production constit.utes the economic structure of society, the reZlI fuundatioJ1, on \vhich arises a legal and political superstructure and tu which correspond definite forms of social consciousness. The mode of production uf material life condiLlons the general character of the social, political, ,-1I1e1 intellectmd life. It is not the consciousness of [hu]ll1en[s] that deteJ"lJlines their existence, but their sodal existence that deterD1in~s their cUflsciuusncss. Al a certain stage of developmenl, the material productive forces uf society Cull 112 into conflict with the existing relations of productiun. Then be g ills d.ll era ()f social revulution. (Mar< [1859J 1975, 'J25-n6) -
Marx argued that different historical p(~riods typically have a dominant or characteristic mode of production (L-.g., slavery, feudaJiSlTl, capitalism, ~ocialism). This is a particular cOl1lbilldtiull of the forces or means of production (e.g., technology, resources, touls, energy, knowledge, and skills) and the relations of procillcl:iull thiJt compDse "Hle netvvork of social roles encompassing Hle lIse and mvnership of productive forces dnd of the products th~lt. eu\crge" (e.g., empluyer, wlH'kl':'r, invpstol', depl.'11denl) (Carvl.'( 1987, 109). Curran and ReI1zetti helpfully trdnsldte this nil1l:'leent!l-century tenninology: People "make a living" tlll·Ollgh d productive process U1Clt 'lATe c~ll the economy Economies can be \ d' Ilifferent types in different periods of lllstory dependmg on the resources, lel'llllology, and enVirOlUllent in whidl Uley operate and the relationships UK'S' vllter j;l[O in order to do productive'
Cnpiln!islJIl1s
/I
Criminogellic Society
277
\\'ork. (We are now shifting from a service-based economy to an infolTna·tinn-hased economy that is referred to as "postindustrial," just as the economy preViously went from agricultural to industrial to service.) The important poi.nt Marx makes is that "people do not make their liVing in i50hltion, but rather in association with other people.... The production process is not just physical or material, it is also socii'll" (19Q4, 25). According 10 TvIarx throughout history the relations of production have been class relations and the history of existing society is a history of class conflict. 1n capitalist society, these social relations exist between owners of the llleans of productinn and those who only own their labor. Conflict is rooteel in the conlradictions of the capitalist system, which al its heart is a system of economic exploitation. One simplistic, yet insightful summary of this conniet is that it is "inherent in the nature of social arrangements under capitalism, for it- \NilS capitalism that generated tiw Vilst differences in interests and capitalisHl that gave the few at tile top so much power over the many al the bollom" (Lilly et a!. 11989] 1995, 134). Class conflict is based on the inequillity of wealth whereby those capitalisIs who own the means of production (capital, plants, equipment, machinery) exploit \'\'orkers who own their labor, which they must sell to capitalists fOT tel vvage in order to make a liVing. TIlE' providers of labor, whom Ivlarx called the proletariat, sell their labor to the capitalists, who prosper lhrough paying the laborers less thi1n the value of their work and keep the difference as profit. To enahle profit to be made, it is necessary to keep wage levels low. This is achieved by retililling a "surplus population" of unemployed to be dra\,vn on \vhencver tIll' (~ompetition between employers increases the {'osl they have to pay for workers. This surplus population or lwnpen p1'OIdorinl, as Ivlarx descrilJl'd them, occupies the lowest strata of society: underemployed or unemployed persons who do not contribute to society in any meaningful way other th<111 as il reserve source of labor should capilalist business require it (Lynch i:lud Groves 1986, 10). Capitalism's need for keeping il r'("serve labor force tllill will gladly work for low, rather than no, wages also produces the contradiction of poverty, disease, and social problems ,1.'-> these people struggle to survive on very little. To live, some of the llimpen proleturial devisE' nefarious and tenuous means, including begging, prnstituHoIl, g;llnblillg, and theft. They thus form "criminal classes" that, while necessilry, il1"(:' SPPll as i1 danger ond a threat to the capita.list system. From this point of viE'w, crime is an inevitable product of {h(! inherenl cDlllr,,,c!idi,,ns ,:,( c,c'j';l.,l:,-,,,,_ It may be asL.ed, \vhy elo the masses 01 underemployed remain complacent? \;Vhy don't they riol agi1insl the capitalist system? For that maller, why don't exploited \'vorkers strike or revolt if they are so exploited? On man\, occ(lsinns thev did just that hut were s"uppressed by police. For TV1;lr~:, Ollt' i'ltlS\Ver ZVrlS idpll]llgV. WhiCl\ nllll)11g oHler lnenllillgs "is il j
278
Essential CriminologJj
process whereby beliefs; deriving from real social relationships, hide Or mask the precise nature of such relationships _.. masking from exploited classes the na lure of their oppression (lnd its precise source" (Beirne and Messerschmidt f1991, 342] ]995). l'vlarx described this as false conscious_ ness and said it results in part from capitalist society's superstructure. One's awareness or consciousness is shaped in a way that is consistent with one's class position. Institutions of society's superstructure (Le. political institutions, legal institutions, church, educational system) instill illtO people certain values and ideas. For example, most religions teach that it is good to be humble and accept your position in life because you will be rewarded in the afterlife. Marx called religion the "opium of the masses" ([1844] 1975, 175) for this reason. Education in capitalist societies stresses d:layed gratification and hard work as the means to monetary and emotIOnal reward. One of the most important ideological components of the superstructure is provided by law. The capitalist system of law, "bourgeois legality," as a part of the superstnlCture, reflects the particular mode of production of capitalist society. Bourgeois law serves the capitalist power holders, or bourgeoisie, who use it and other means to retain or increase their power and control. This is not ~lsecl, sin~p]y a,s a coercive instrument of power but as ideological clommatlOn 1Il whIch workers are both controlled and defined by law. People are simultaneously "protected" by law from the dangerous classes and from extreme exceSSeS of exploitation created by the capitalist syste~. Law therefore controls by the assent of the 111ajority. As Young pomted oue state law under capitalism exists in a dual relation. It limits excessive exploitation but allows the system of exploitation to remain, it controls all of the population but exercises greater control over some classes lhan others, and it provides the freedom for the worker to sell his or her labor vvhile preventing the worker fwnl owning the means of production (1981, 299). In addition to the crimes committed by the lowest strata, Marx and Engels also recognized that the capitalist system of production was criminogenic (crime prone) overall because of the way it impoverished all those within it. One \-vay it does this is through alienation. According to Marx ([18,j4] 1975), alienation refers to the way the capitalist system of production separates nne! isolates humans from their work, its products, each other, and themselves. It estranges (separates) them from (1) the p~odLlcts of their labor since they only contribute to a part of the I--:l1'odu.c!Ion process, l:hc oulcume Dr products of wbich they have n? own~rshlp or conlrol over (the Harley Davidson company recognIzed thIS and now has a group of three workers completely build each of its Sportster model motorcycles); (2) their own work pr~cess, which loses all personal ownership and intrinsic worth as it is sold to owners and cnrried out under their control; (3) their own unique creativity and
Cnpitalis7I1178 (/ Cril1l11IOSC1JlC Sol"idy
279
intellectual possibiHties, which are lost to the instrumental purpose of work; and (4) other workers and capitalists, with whom they are set in conflict and competition. Thus workers in a cf'lpitalist- society "in their allenation from the product of their bhor, from their capc1City to freely direct their own activities, from their own interests and tCllents, from others and from human solidarity-- -are alienated froIll their deep!:"sl human needs, that is, their needs for self-determination and self-re<1lization" (Bender 1986, 3). This impoverishment by capitalism relldf'rs humans "worthless." Through the alienated work process they learn III view one another as isolated individuals and potent-ial enemies rather th"m social beings with mutual interests (Jaggnr 1983, 58). This lends to a lack of human care and concern for others. Alienation therefore makes the h(lrm of crime more tolerable tn tbe society and to those who may offend. Engels argued that crime also emerged as a reflection of the inherent strains and pressures capitalism creates (Engels [1845] 1958). One way the conditions of crime are created by the capitalist system is through its use of technology. As technology is improved and production is made more efficient, there is less need for workers and they are replaced by machines, a process thaI: intensifies their feelings of vvorthJessness. Another way criminogenic conditions are generated is from capitalisf competition, which serves to further disernpower members of tIle working class since they musl: "not only compete with the capitalist over working conditions, but arE:' forced to compete with each other for a limjted number of jobs and a Umited livelihood. COllsegu€ntly, Engels viewed crime as the result of compelilioll over scarce resources" (Lynch and Groves 1986, 52). Engels viewed crime as a result of Ihe brutalization, impoverishment, and dehumanization of workers by tile capitCll1st system. They turn to crime bE'callse capit.alism underminE'S their morality to resist temptation; crime is an expression of their contempt for the system that impoverishes them and an exercise in retaliatory justice. As Engels pointed out, when everyone looks to his or her own interests and fights only for him- or herself, wllPt Il(~r "he [or she] injures ... declared enemies is simply a matter of selfish ca1cul
FSSI'III illl ('rimillo}ogy
lectures.... The edwinal produl.'l"s Ihe \Nllole apparatus of the police and criminal juStiCf', detectives, judges, e~\pcutiolwrs, juries, etc." (Marx [1862} 1964,158-160). The increasing l1l1mbers of students majoring in criminal justice programs is further evidc'nce o[ this insight, as is the huge numbers of people employed by !lIP rrirnincd justicE' apparatns, especially in the Uniled States. Tvlarx and Engels' crimirlologici'!l contfibutioll\,.vas, as we have noted, tangential to their analysis cd' lilt' l'apitrdist system. The first systematic Marxist consideraliollllr crimE' H','1''> altell1pted hy lhe Dutch criminologist \tv'illern Bonger.
Bonger's Criminnlity l7//d
fCOllOl/lic ('ol1difioHs
\Villem Bonger 0876-··1940) built Oll Milrx's and particularly Engels' concern about the impoverishmenl thai: capitalism brings to society. This impoverishment sels the economic and social conditions for crime. But whereas IvIarx and Engels focused on the conditions conducive to working-class crime, Songer extended the analysis to include crime at all levels of society. This included crime nlIlong the capitalist classes and a wiele rnllge of other crimes, including sex offenses, crimes of vengeance, a;lcl political crimes. Bonger saw crimes as the acting out of a "criminal thought." People are more likely to have criminal thoughts when a society promolcs egoislll ratller thal1 ;-lltruism. In a notion somewhat reminiscent of Durkheim's i1I1olnie theory, Bonger suggested that allruism was il preclomini1nt theme in traditional precapitalist societies. In these societies, the process, shared conditions, and problems of living promoted a sense of COllUll11 llil-y among the people, "a uniformity of interest" that "obliged them to aid aIle another in the difficult and uninterrupted struggle for existence" (Bonger [1905] 1916,35). The result of altruism was to suppress the crimiIl
r "" of
Ibe· cr;I1-';lIdl IrH~· 1" 1"-'5,,1;200' lll~-" <-:dlll"'~ of lhc ri<.;:h dlId
criminaliz€ those oj the rll.lUr. In spite of Bonger's attempt to bring Ivlilrx's work alive in criminology, his ideas and tbose of t\/larxism generally did Iiltle 1:0 stimulate criminologists until the advenl of ri'ldicnl crirllinnl(lgy SOllle sixty-five years hlter.
Contemporary Radical Criminology In rt'vising Marxist crirninolog)' ill tIlL' J97()s, rddkdl crill1illulugibttl such as E.ichard Quinney, William ChaUlblbs, Steven Spitzer, Raymond Michalowski, Ian Taylor, Paul Walton, dlld Jock Young developed a composite critique of the criminogenic nattlr~ (It capi.talist society that has continuities with earlier conllict and Mar.\:Jst theones. The reason for the reappearance of radical criminology cannot be c1ivuro..:ed from the historical period of growing social conflict and unn::sL, .... The 1960s were a turbulent era in the United ~tates. RadICals prospered in the climate of revolution and change. There were many legitimate social grievances, such aE; the war in Vietnam, the sexual revolut~on, t.he civil rights movement, the wOlnen's movement, and so on. Umverslty faculty members and students at Berkeley, California, were at the forefront of the protest movement. The lIlust notable 't\/[arxist movement in crilninology occurred at the University of California at Berkeley. Many US. Marxists and radicals were tmlght there or served as faculty me1l1bel'S. Herman and Julia Schwending~r have \vrilten on this and are currently preparing a book on the topic. Since radicals advocate social change and action (praxis) rather than just passive empirical observdUon and measurement (like Inost positivist criminologists), they actively and aggreSSively spearheaded a social movement. It is not insignificant, then, that funding for the School of Criminology was eliminated by Governor Ronald Reagan as a consequence of their ideas. The demise of the school for political reaf::ions is a fascinating story dnd illustrates several principles (or lack thereof), such as academic freedum (se~ Geis 1995). The abolition of this academic program by the state of California was interpreted by some as confirmation of these critical arguments that the state supports the interest of capitalists. By way of a sL;mmary, let us look at the basic ideas of these contemporary radicdltheorists.
Central Themes of Radical Criminology RaJical criminolugists reject individual-levl:::'l theurie:s of crime Uldt place humans apart from their society and thl~reby fail to take account of the structural context of human action. Thev also reject reformist structuralfunctiunalist theories that inadequately ~lCCOLUlt lor capitalism's criminogenic fldture. The prillldry impetu:; here GillIe in tile book The New
CriJlllllology by the British criminologists lall 'j~lyl\Jr,
I'aul Walton, ami
Jock Young (1973), -which wa!:> l'ventllJlly translated into twellty languages. This devastating criticislll of all previous "positivist" criminology and even the early "interpretive" and conflict criminology marked a resurgence of radical Ivlarxist criminology. ThE: authors called for a "new"
282
EsselLtial CrillliIIUlo::;!!
criminology adequate for grasping the com·\ectiun between the capitalist "society as a totality," its system of inequality, the class conflict within it Ule crime resulting from this conflict, and the·social reaction to crime fron; its structures of power expressed inla"v (1973, 278). They argued that, caught in a "didl~dic of control and resistance to L'untrol," humans are simultaneously "crealures and the creators of a constrailling structure of power, authority and interest" in which they weave a di~ers~ r~nge of responses, cunsciuusly Inaking choices "freely chosen i:J1belt wlthm a range of limited alternatives" (Taylor et al. 1973, 248). A new criminology must accounl for this duality of freedom and constraint, not by separating humans from the political economy that forms the social structure but by bringing the parts together that form the dynamic social whole. As these authors acknowledged, "This 'new criminology' will in fact be an old criminology, in that it will face the satne problems that were faced by the classical theorists" (1973, 278). Indeed, for this reason, "It is perhaps mure -accurate to refer to the emergence of radical criIllinology as a renaissance rather than a 'New Criminology'" (Bohm 1982,569). Together, these authors Jid not develop the radical theory beyond their critique, although separately, and with others, they have done so (Taylor et aJ. 1975; Taylor 19~1; Young 1981). The central ideas we summarize now. 1. Capitalislll ::;lldpes social instilutiolls, soci<.J1 identities, and social
action. The mode of production, facilitated by Ule ideology promulgated through social institutions, shapes the character of the institutions through which it operates; encourages divisions of class, race, and gender; and shapes identities and the activities of ti,e individuals subject to it (Michalowski 1985). ') Capitalism creates class conflict and contradictions. Capitalist society forces humans into class conflict based on the inequalities of ownership and control of the 111123115 of productioll (Spitzer 1975; Quinney 1977). These classes are divided since the capitalist owners and employers want to maintain the existing puwer relatiuns or improve them ill their favor by increasing profits, whereas workers want to change Ule system and increase their share of the fruits of production by increasing wages. These desires produce tvvo fundamental contradictions. The wageti, profits, and consumption contradiction requires workers to have sufficient income to make purchases and thereby inCrCUljC econOIIlIC growth. 'roo fIluch grm.vth, howevel~ is undesirable as profits and i~lVestment possibilities are undermined. The wages· -labor supply contradictioll reguires that a surplus pOpUldtiOll of unemployed workers be maintained to keep labor costs down but these people are not so impoverished thai they credte problems and co::;ts for capilaliSlll (C:Jlambliss 1988).
Capitalism liS II Cril/liJ/ugellir Society
283
3. Crime is a response to capitalism and its contradictions. Crime is a
rational response to the objective conditions of one's social class (Chambliss 1975, 1988). Capitalism creates crime directly through generating and maintaining a surplus labor force of the unemployed and underemployed, or "underc1ass" (resulting from technological replacement), who are necessary for keeping wages low but may commit crimes to survive (Spitzer 1975; Chambliss 1988). Capitalism creates problems indirectly through education, necessary for managing increased technology, but with the unintended consequence of raising consciousness (Spitzer 1975). Predatory crimes of theft, robbery, and burglary and violent crimes such as lllurder, assault, and rape are the result of the oppressive conditions of capitalism to which those exploited have to acconunodate. Crimes such as sabotage and political violence are the result of resistance to and even rebellion against capitalist domination. Crimes of both accommodation and resistance may be more or less politically conscious acts (Quinney 1977; Michalowski 1985; Taylor et al. 1973). Crimes among the dominant economic classes also result from capitalists attempting to resolve the contradiction of wages, profits, and consumption by cheating to get illegally what they calUlot get legally, such as pricefixing, bribery, and health and safety violations (Chambliss 1988). 4. Capitalist law facilitates and conceals crimes of domination and repression. Capitalist law as part uf its metllods of domination inflicts harms on those subject to control, including violence and violations of human rights. As \-vell as such "crimes of conb:ol," capitalism facilitates "crimes of goveu1ment," including corruption and graft; "crimes of economic domination" such as corporate fraud, price-fixing, dangerous production methods and products, and toxic pollution, which are undertaken in response to its basic contradictions; and social harm or injury to human rights resulting from institutionalized raciSlTI and sexism, which are reflective of the hierarchy of dumination in the capitalist system as a whole (Quinoc::y 1977). 5. Crime is functional to capilalism. Crime provides work for the surplus population and for others in lhe crune control industry, mystifies ti,e capitalist exploitation of workers (Chambliss 1975), and justifies the need for the very law that maintains Ulat system of exploitation (Young 1981). b. Capitalism shapes society'5 response to crime by shaping law. The l"uli-nS econornic class defin~s Ul.C conlenl of crin,inallavv I.n ordel·
to control the subordinated classes, whiell threaten or credle problems for capitalism's accumulation of wealth and its system of domination (Chambliss 1975; Spitzer 1975; Quinney 1977). These problems include threats to the capitalist system of ownership of the products of work (e.g., theft), threats to the production process
284
Esse/Ilia! Crilllilwlo6'"'Y
(e.g., unemployment, vagrancy, drug use, mental illness), threl:lLs to the system of distribution and consumption (substance abuse theft)" tJ~rea~s to the system of re~ro~uct~on of workers (truancy, homo~exuahty), and threats to tile InstitutIOns promoting the dominant Ideology (alternative schools, cooperatives). For tile purpOse ~f manageme~t, these threats fall into one of two problem populatIons: the relatively harmless "social junk," which has to be carried by .the system, and the relatively dangerous "social dynamite," whIch must be controlled and undermined (Spitzer 1975). Many of these concepts have been addressed by contemporary researchers. role o~ the state or government in relation to the manage_ ment of cnme resultmg from the contradictions of capitalism has led t two divergent radical positions, which we now explore. 0
The
The Capitalist Slate alld Crilile COlltrol: lllstrullleJltal Versus Structural Marxism Radical theorists have taken two directions, identified as instrumental and structural ~arxisl~l, the difference between thenl havillg to do with ~e role of st.ate 111 relatIOn to capitalism (Beirne 1979). Instrumental rvrarxIStS see a dIrect and crude relationship between the ruling economic classes and the government (Chambliss 1975; Quinney 1974; Krisberg 1975), the P?hhcal admmlstrahon IS dominated by, and serves the will ot th~ e:ono.ffilc.ally powerful. Instrumental Marxists argue that the law and cnmmal JustIce system are coercive "instruments" used to control the lower classes.. This control serves to maintain the eXisting social, political, and economIC system. Members of the dominant capitalist ruling class make la:v~ and devise a criminal justice system that promotes their own ~COn?mlC mterest. Instrumental Marxists see two major classes: a capitalIst eltte and the mass of the proletariat. In contrast, structural Ivlarxists see a much more autonomous role for ?overnment, whi.ch acts on behalf of the long-term interests of capital15';1 rather than In tl:e short-term interests of powerful corporations (kmsey 1979; Young 1981; Greenberg [1981] 1993; Chambliss and Seidman [1971] 1982; Chambliss 1988). They view the instrumental perspectIve as .bemg too sllnphstIc. For example, "If law and justice were pu~ely lnstr~ments of the ca?ita~is.t cla~sf why would laws controlling cOl~orate cnmes, such as pnce I1xlng, false advertising, and illegal re~ stramt of trade, have been crealed and enforced?" (Siegel 1995,248). ~urth~rmore, ~strume~t~lists suggest a single "homogeneuus capitalIst ~uh~g class wher: It IS clear, even in Marx's original analysis, that capltahsts compete WIth each other and undermine each other (Chambliss and Seidman f1971] 1982).
Capitalism as n Criminogenic Society
285
Structural 1'vlarxisls argue that "the functions of the state are presumed to be determined by the structures of society rather than by the particular
people "'o'ho occupy positions of state power or by individual capitalists" (BohIll 1982, 576; Michalowski 1985). The contradictions of capitalist society create a force of disturbance that needs to be contained. In light of these contradictions, criminal law cannot exclusively represent the interests of a ruling elite to repress the lower classes. If it did so, it would risk revolt and would need to divert wasteful energy into social control. ThuS, in order to retain ideological dominance rather than use coercive dominance, it must enact and enforce laws th<1t also benefit the less powerful. Furthermore, "legislation is designed to prevent any single capitalist from dominating the system.... One person cannot get too powerful at the expense of the economic system" (Siegel 1995, 248).
The Limits and Policy Implications of Marxis! CriminologJj and Radical Theory Earlier, we saw that conflict theorists have been criticized for having a limited view of the structural causes of conflict and for failing to show the precise links between crime, conflict, and capitalism. We also saw how instrumental tvlarxists were criticized for their crude, overly detenninistic conception of class structure. Ivluch of U1e criticism of radical theory is really a criticism of instrumental Marxism, not structural Marxism. When radical Marxists are criticized for lacking realism, for being imprecisef for misrepresenting reality, for making untestable claims, and for being insufficiently supported by empirical evidence (Klockars 1980; tvlankoff 1978; Turk 1980), what we are seeing is further criticism of instnnnental rather than stnlcturaltvrarxism. When Klockars argues that the state empowers oppressed people and provides them with genuine rights they otherwisewou1d not have, this too is part of the structural Marxist critique. Similarly, radicals are criticized for demanding controls on crimes of repression i1nd domination, since that would only serve to increase the state's power and control, not lead to a "withering away of the State" (Lynch and Groves 1986, 30). But this was a call from conflict theorists rather than ivlarxists, who, as we have seen, want to change the social structure, nol- criminalize more behavior. Criticisms by Klockars and others--that the class divisions of capitalist society, rather than being harmful, can actually be helpful and that interest groups allow valuable connections across class boundaries-applies to bolh structural Jvlarxism and conflict theory. A further criti~ cism offered by K10ckar5 to both versions of Marxist criminology is that radicals romanticize the freedom from crime under socialism while ignoring the relative freedom from crime enjoyed in capitalist countries like Swilzer];:mcl anrl Japan. If capitalism is criminogenic, why afe these
286
Esp-entia] Criminology
capitalist societies relatively crime free? Recent events such as the malic increase ill nrgnnized crime in Russi
Capitalism as a Criminogellic Society
287
cn,rW"'" peaceful revolution. The policy solutions advocated by radicals
also been criticized as utopian and unrealistic. These criticisms have led to the development of various revisions by leading radicals that we rno,S""C' in Chapter 12.
New Developmenfs in Marxist Crirninology The radical criminology of U1€ 1970s spawned many developments that
have become known as critical criluinology, and we explore them in U1e remaining two chapters of this book. Since the mid-1990s Marxist and radical criminology has seen a resurgence of interest by U1eorists who believe that the emergence of new critical criminologies, such as posbnodernism, "creates an obstacle to the development of a truly critical criminology." In oU1er ,vords, a Marxist criminology prioritizes a theory of the state and the economy and advocates social transformation (Rus5e1l1997, 61, 86). Similarly Hil (2002) has argued that critical criminology has been left "battered and bnlised" by "an endless array of revisions, renewals, mea culpas, altered perspectives, paradigm shifts and ajured [sic} theoretical positions." As a consequence Marxist criminologists have "reconvened" U1ei1' perspective. Not insignificantly, in 1998 New Crintinology Revisited was published (Walton and Young 1998), which reaffinned the ideas of the 1973 original and pointed out how state governments continue to fund criminological research that supports the society's powerful interests. Indeed, such a refOCUSing of intellectual analysis seems crucial, o-iven what some see as "the deepening crisis of late twentieth-century ~apita1ism, marked by increased inequality and poverty (both in the United States and globally)" (Matthews 2003, 12). Some have pointed out that political protest against capitalisll1 has reached global proportions since Ule 1999 protests in Seattle, Washington, and 2004 protests in 1YHami, Florida, as antiglobalization protesters now regularly disrupt econOlnic summit meetings of international economic leaders demanding that trade agreements respect human rights and protect the envirorunent. Indeed, Hil (2002) argues for a reconfiguration in light of "contelnporary global transformations and governnlent practices" and "specific socioeconomic and political changes U1at are occurring across the world" toward "those social movements that actively pursue social justice and human rights," Similarly, Rene van Swaaningen (1997) -argues that we need to undermine the hegemonic risk-based approaches to Lnv and order to a criminology linked to social justice, the changing relal:ions betwEo'en the state and the global marketplace, and Ule culture of corporate capitalism. The question arises as to whether a Ivlarxist-based radical criminology is best equipped to transcend its nineleenU1-century shackles, or wheU1.~r one of the newer critical criminologies will present Ule way forward 111 the new mille1Ulium.
2&&
Etist'lIli/iI l'rililillvlogy
Summary and Conclusion The sUlllmary dlclrl provides the key element:::. ill the dS~llJnplion:-, dlld arguments of conflict and r
critical theory than they may seem at first. A resulution llli:ly be fOllUd in the recognition that each theoretical model, including tIle functionalist model (strain theory) examined in the previous chapter, may actually represent a snapshot of a different stage in the dialectical historical d~ velopment process of capitalism. Roberto Unger (1976; Collins 1987) has suggested a cyclical development process in 1,vhich conflict and "legitimacy crisis" are recurrent stages between various n10re stable states. Thus we begin with the elite domination model (desLTibed by instrumental Tvrarxists) relying on coercive domination that was characteristic of early capitalism, followed by a legitimacy crisis and a breakdown into conflicting interest groups. This is slll:ceeded by the dual-power model (described by structural ivlarxists) ill mudern capitalisnl as the state becomes more autonomous. As We :'Jhall see in Chapter 12, the implications of this kind of historical analysb are that lilt? (Tisis of legitimacy fur Ilwdern capitalism and the relative increase in societdl conflict it has seen herald a move frum modern capitalist society to advanced capitalist and even postmodernist society that rt'Ljuires furlher revisions 10 the critical framework.
Summary Chart: Conflict Theory and Radical Theory Basic Idea: The structure of cdpitalislll invulving the private ownership of prt)p~ erty and vast differences in inequaltty vreates cunfEcl and contradictions that provide the conditions for crime. Conflict theorists see the SOIJr..:e of conflict in different group interesls; radicals (l'vlarxists) see the source of conflict in the class structure of capitalism's expluitativl2 system of ecoHr.lTnil' production. Iluman Nature: Hum,lns are basicall}' i:l social species, conneded to others and shaped by their ~()cidl structural cuntexts as welJ as their own human agt'ncy. They can join with uthers depending on their interests (contltct theory) or their objective class pusiLinn (radical theury). Socit.:ty ami the Social Order: Conflict theory sees divisions and cOnl]"dilion ba:'3ed un a variety of different interests (cla5~, slatus, power, gender, race, etc.). RadiGII theorists see 8 major conflict in capitalist society based 011 class interests between owners of wealth and owners of labor. Thtc lnstrumenLd version sees the stat\::' as a tool of thl." ruling economic class. The :"tructurdlist Vt:rtiWll sees the state as semiautonomuus, protecting the long-lenn inttOrests 01 SllCidy agdinst
CaFitalism 17."
1/ { 'fil/liIIDge/lit
S(wiety
289
threats from r'rlrlicular interests, wlletlwr powerful or powerless. Conflict bet,veen the hvu major clnsses (owners and workers) is repressed either by coercive (instnlmental Marxist') or ideological (structural Marxist) means oj domination. LaW: Conl1ict theurists see the law as rules enforced by the powerful to maintain their economic, political, and social positions. Content of law and what counts as crime nre set by the powerJul. Instrumental Marxists see law as a coercive in~ strunwnt uf repression used by the dominant cla.sses. Structuralists see the law as both a protector of the capitilJist sy,<;tf'm "lI1el an Ideological vehicle mystifying class 12:;pluitatio[l and building Olll.SenSllS for capitalism by providing gen uin(~ rights and prntpctions. Criminals: T!l(lse who challenge the powerful (conflict theory) and threaten the capitalist Illode I)f production, especially the surplus labor population or underclass (radical theory). There is no difference between criminals and noncriminals except that the laUer are better able to get around tlle criminal justice system and can steal through quasi-legal means. Criminals are rationaUy responding to their objective situation ()f p:,,:ploitatioll <md see crime as a solution. Cnlsal Logic: Conflict theory argues thnt capitalism is criminogenic because it in-tensifies differences in positions of domination ancl subordination and produces the conditions for humans to commit crime: the demoralizatiun of human courerative spirit
evaluation: ttJlatysls or law anet illJlISlll'i' related to social structure helpful bul criticized forbeillg IJnre\pbill'-'( I. ( 'rill"i7l'1 I fnr il bek of rrilrtin,1 concern fnr Cllrrpnl ,rime vic tilllS.
PntrimTliy, (;r!uler,
11
PatriarchYI Gender and CriJne l
Feminist Criminological Theory
Ramos, an undergraduate at Placebo University, felt forced to leave the school as a result of the gossip, protest, and outrage that followed an accusation that he had raped a fellow student. Ramos had left his dorm room to visit a friend across the corridor. In his frienel's room, he found a female student passed out in the bed. There was evidence of drinking and vomit on the floor. The female student awoke, approached Ramos, and began to undress him. Ramos returned to his dorm room, but the female student followed. She kissed him and continued her advances. She asked him if he wanted to have sex and told him to put on a condom. The next morning, the female awoke and talked at length with Ramos. She also gave him her phone number. Six months later; Ramos was charged with rape. The Placebo University \vomen's organizations argued that Ramos was guilty of rape because he took advantage of someone clearly under the influence of alcohol who \-vas not in control of her full senses. Eamos claims he had consensual sex after being pursued by the female to his own room. It was clearly seen as consensual the next morning when the young woman gave Ramos her phone number. Much later, Ramos was accused of rape and arrested. 'This is a case, argue women's groups, where "yes" means "no," and they believe Ramos took advantage of the female student. Do you think he is guilty of rape? The Ramos case ilIustrates the way some feminists and women's groups interpret crimes against women that for years have been concealed as acceptable sexual conduct. It is also an excellent illustration of critical theory (see Chapler 12), since it argues that the law and cultural norms are gender biased (among other biases), a.llowing victimization of the powerless, especT(llly women and minorities. The ongoing sex scrwdal 290
297
(Illd (.'rill/(,
at the U.s. Air Force }\cildemy presents another eXflmple, The 12 percellt of female cadets who experienced rape at the acadeJny mfltches the fllllllber oeneraHy reported in traditional univf!rsity settings. Women have tr(lditiomllly been portrayed as more empathic and caring then men. The types of cri;nes t\ley commit refleds this, l:H:~ing less violent When they are violf!Jlt, it is often a response to repealed abuse by men. However, examples of cilllous crimes by women exisL For example, while driving home, Chante Mallard, a twenty-seven-year-old nurse's aide, hit thirty-seven-year-old Gregory Biggs, who was walking along a freeway in Texas. Rather than stop In render aid, she drove home with him lodged in her windshield, Once home, she dosed her garage door and left him in the windshield, wherE' he bled In deoth OVE'f the next f€'w hours, The next doy she had two male friends dump his body in fl park. They then burned the pflssenger spat of her car to conceal the crimp. When one of the two men told his girlfriend of a "caper they had gotten away with," she called the police, 011 June 26, 2003,
11I.:'nOl·.
And
... they rarely employ lethal violence as way of resolving ... personal conflicts" (Polk 2003, 136). As we shall see, feminist sclwlilrs believe that traditional mainstrearn crlminologv is unable to pxpbin Illese pfllterns of behnvior hecause 11 ignnrps the ,~tTl1CIUril1g of s(wiet y by gender thn t
Essen I ial Criminology results in patriarchy. In contrast, as Jody I\tIiller has argued, "Feminist criminology ... situntes the sludy of crime and criminal justice within Q complex understanding thilt t·IH~ social world is syslemCltirn]]y shared by relatioJ1s of sex and gender" (f\ifiller 2003,IS).
Basic Assumptions of Feminist Criminology According to Kathleen Daly and IVIeda Chesney-Lind's (1988) seminal article on feminist criminology, there are five key aspects that distinguish itfrom mainstream criminology and they relate to the nature of gender: (1) gender is a social, historical, and cultural construct built on biological sex differences and reproductive copacities; (2) gender and gender relations are fundilmenta I organizers of soci.:11 institutions and social life; (3) gender relations and the social constructs of masculinity and femininity are based on assumptions that lllen arE' superior to women and this is reflectcc'd in mille dominance in social, pconomic, and political insl:itllllons; (4) what is taken for granb"'d as knOWledge of the natural <'mel social world is men's knowledge, the production of which is gendered; and (5) women should be at the center of intellectual inquiry and not function as peripheral, invisible appendages Itl Hwn (1988,504). Failure to acknowledge the politics of gender has resltlted in a myopic view of crime and criminal justice that fails to address soml' of its most distinctive features. A major criminologicill finding that has remained consistently unexplained by mainstrel:Ull criminologists is that aIt-hough women elo occasionally commit serious, and especially violent, crimes, they generally commit far fewer than mt:'n elP and are rmely arrested or convicted for their crimes (Cain J989). Indeed, "gE'llder-~speclnca1Jybeing male--is one of the strongest correlates of criminal offending. This is especially the case, the nHlre seriolls and more violent the crime in question" (Miller 2003,17). Some simple slfltistics demonstrllle the point. In the United States, according tu Lhe LfCR data, i'lJUlually around 80 percent of all people arrested are men, and men makE:' up CJ5 percent of inmilles in state and federal correc~ tiona I facilities. Similarly, victimizalinll data reveal that the offender was male in 85 percent of single-offender victimizations. As Polk says, "across many different counhies and in many resl?arch studies, official crime, espQcially violent crimE'-, invcllves mostly male offenders. III the case of homicide for eXilrnplc, typically moles mrlkt" up belwPc'll 85 ;lI1d qs percent: of known offenders" (Plllk 20fl3, 1~-13). F,ve[l in the case of crimes typically assDciclted \Nit!l Wlllllf'll ..C:lldl 3~ .~p\:u[ll offending, ~vomcn an" l",s,"" (,·e'-]LlCTLLly convicted. For examp!p, in CC'lllac]a 4,.54.Cj iJlmales were convicled of sexLIllI offenses in Ihe early 19905; only 19 were female (Syed 1996). \Nhat dot'S this rreponclerance of male offenders say about the causes Ilf crime'? Is crinlP Cill1SI?d by sOlllethillg tn do wilh hping n man, differ-
293
"e'"lllllale lI~d lemi:lle hornlonl's or 'bV the socially constructed c (, , . , ' ".." . • . ·dentitl of Inasculinily? if so; is this identity routed!l1 the legal111s,toflcal L~onte!l~ of Western societies or in biologicaL cultural, ur slnldural torces? L . ' - c"rime created by those, who make the le\\A/S7 F.ecellt research sugO J J b . d f geslS that gender differences tor certain types.D.f crime (e.~., ~ug ~ fL'nses and some violent crimes) do not vary slgJ11fIcantlybetween men an~ ·wornen (Alarid, Burton, and Cullen 2000). Further, .tlH:~. s.mall group of 01fend~rs who commit tlu:~ most crirn~s do not vary slgmfIl:~nt.ly by gender (piquero 2000). Sorne self-repm"! ddt.a also s~!g2est less ~lstl11~t levels offending (Campbell, MunceI', dnd Btbel 199~; Chesney-Lmd 1~97). How ~ver serious violent crime is cnnsistently a male actIVIty. . t: R~sponses to observations about gender differences i.ll. bo~~ levels o~ crime and arrest rates by feminist criminologists began WIth cnllLal works by Dorie Klein ([1973] 1980), Rita Simon (1975): Freda Adler (1975), and Carol Smart (1976). But the feminist p('rspl~ctive 1!1 Cfllllll1ol?gy dId not become firmly established until the 1980s and did_HOL ClFpecu: ~ textbooks un theory until the 1990s. :a~t of the explanCltiu~:l tor th~~,on;,ls~lOn"and. d.el~y was Illdt mainstream cnnnnoJogy was really llldlesl1eam (I.e., dom1ll~ted by men). rn1ese theorists were very slow to respond an~I tended ~o margm:l.1~ ize feminist contributions and exclude them (lVIenzH:~s and churm 19Y1, TvIes5crsclunidt 1986). Also, as Simpson (J989) poinled out, some of the earl!," accounts by women were less involved with developing their 0:-Vl~ theor:ltcal position than with criticizing the lack of attentiun by ma~e cI:lll1mologls_ts to women and gender issues (e.g., I.eunard 1')02). }t:~anneHavll1 postl~lates that "many criminologists' dismissal of feminisl~1 stelll~ a~ m1:;:h from 19~u ranee and misinformation as deliberate, ideolugIcal reSIstance (2001,271). Earlv feminist criminologists argued that the history of criminological theory· is a history of the study of men b.~ha.v.ing badly: ~rimin~l,~g~ ~1as been "gender blind." Omitted has been Slgmflcant research or dlSLusslO.n on wo;nen as victims or offenders (f\lIorris 1987; Gelst:horpe and Ivlorns 1988). Criminological research, fur the most part, hl::s been about rnall:~s., and criminology has been L-:ihaped by a male view of the world (l.eonard 1982; Heidensohn 1985). , Traditional criminological theories iJbu neglect "gellder-rdalt:.'J factors such as patriarchal power relations" (Alarid, Burton, all:1 Cu~len 200!), 172). Criminological theory "has either i,ljno~·e.d w.om~n--~ocllS1l1gexc~u sively or implicitly on explaining male partICIpatIOn tn.cnme and deflll~ ina females as unimportant or pl'ripheral---:-or has Ignored gender ell ce ::; lJe l\'~....
0:
(lVlilier 2003, 16), FlIrtllel~ as ,;aanler amitiellllldf' llole, '"lmIJlJoJ1illlJ1ev-
I~ies uf crime causatioll, ·which tend tu lw based on male models of cr11ne and llt'iJavior, cannot adequately explain the experiences of delinqu~nt " I" (°00" fnr, lhat matter, thost.::' of criminal ~ __ __" .fRO) __ or,_ ' ,women. ' ' ,ApplYlng . ". glr theories of male lTime to \VOl11en but not tlpplYll1g theunes uf women s
295
t:;;;sl.:lltiaI CrilllilloloSY
Patriarclly, Gellder, L/Jld (rirne
crilile to lllen IHdh.e~ "WUlllen a subcategory of men" (Miller 2003, 16). Mainstream Cllilstrudions of "the female offender" embody the tradi_ tional stereutype that "women's greater emotionality, passivity and weakness ... account for both their invlllvement (ur lack thereof) in crime and the nature uf their criminal activiLie~" (.rvliller 2OtB, 17). Recent research on female murderers dlallenges this view of the "pas_ sive woman" and suggests that biased portrayals in Ule nledia, law, and even feminist discuurse that present \>\Iumen murderers as victims denies their agency and freedom tu be human (Morrisey 2003). As Carol Smart (197b) observed thirty years ago,
In the years follOWing, the initial critiyues, feminist criminology moved into several different theoretical strands and is currently moving toward a reintegratiun of its diverse positions. What are the areaS of crime dnd justice that feminist scholars have focused on and what are the different ways their scholarship theorizes the causes of crime by both men and women? Jeanne Flavin (2001) described three directions that most scholarship dnd practice involving women has taken. First, feminist criminology criticizes the mainstream omission of women: "most ... scholarship focuses on men or extends theorizing based on men's experiences to women without offering any reconceptualization" (273). This is simply adding women to the mix and "stirring." Miller (2003) describes this as the "generalizability approach," which she says calUlot explain men's disproportionate involvement in crime (known as the gender ratio uf offending), and also ignores the confluence and amplification effects of class, race, and gender. A second movement of femillist scholarship has been to focus on crimes that adversely affect women more Ulan men. Domestic violence is given as a prime exarnpIe, UlOLlgh sexual violence is also commonly studied in this manner. This type of research is also guilty of treating lllen as the norm and women as anomalies, according to Flavin. Other feminists have criticized this approach for assuming the concept of a "universal woman," and thereby not accounting for the different experiences of wumen, such as those affected by race and class, that lead to different outcomes of offending and victinIization (Miller 2003, 22-23). Finally, feminist scholars are beginning to study women "'on their own terms" and recognize a "multiplicity of factors and offer a ridler contextual analysis" (Flavin 2001, 273). As part of this trend, feminist schularship has also muved toward a more general analysis of gender and difference that is Il\ore inclusive of oUler differences, experiences, and inequalities (Smart 1990; Caulfield and Wonders 1994; Schwartz and Milovanovic 1996; Daly and Maher 1998). An important contribution made by feminist theory is the concept of "blurred boundaries" (Daly 1992; Daly and Maher 1998). This points to an overlap between women as victims and women as offenders (e.g., abused women who kill their partners or women who escape violent homes only to pursue street survival strategies, including drug use and prostitution). The term "blurred boundaries" suggests U1at patterns of past victimization can resulL in future violent offending. The emphasis on gendered victimization as a cause of future offending is a special case
of ti,e pathways approacl1 cliscussed €BrBer,
However, simply u5ing P1l~t
abuse and economic stresses may not fully capture the etiology of female offending since it again presents a passive view of women and ignores their intentionality and resistance (Gaarder and Belknap 2002; IvIaher 1997; Miller 2003).
296
Essential Criminulogy
Patriarchy,
. Before exa~l1ining recent theoretical developlnent:; such at> t1 . tlOn of a vanety of feminist ideas in o-endered U,e' b . le IntegrJ~ tl d'ff . '. 0 UIy, we nefly . 1e I erences between .tl1e four main feminist positions that . ll: the 1980s and 19905: lIberal feminism radical feminism M QE,",'el')n,,;' nIsm, and socialist fenlinism (Jaggar 1983' D i d Cl ' ar~Ist femi.;, Simpson] 989; Alleman ]993' Tong ]998) A' . a y an I leusney-Lllld 1988; f ., _ ' . ti we exp are 1eSe va ' f effiInIst theory, it is important to consider how '1. I . ne les of - ' '" crnne an dcnmInal Justice and how t' 1 (genl , er Ie atrons sl1ape ti 'd ' d pa narc 1y a SocIety whose organ' on IS amInate by men and masculine ideas and values) 's lZa_ a force as class and race, I as POWerful
Liberal Feminism In ~'esponse to the ~or: question, "What causes crime'?" liberal ferr' '" , ant::iwer, gender socIalIzation. They argue tl1at the subordinat d lI~_~sts of wo~en and the criminal tendencies of men result from ti e POSItIon and gIrls are socialized into different mascul' d I .. 1e ~ay boys 111e an -enUnIne Idenff . . . an d I rom male dlscnmmation against lemm'lOne 'd tOtO . lies '1' d . I en lIes. Men ar" " CIa Ize to be nsk-taking, self-interested indo 'd I , d _ e ~ot ' IVI ua s l:ln to use coerCI pawler a wm; women are socially controlled. For example many you ve _ ng rna es are encouraged to eng. . h ' 1 hockey, lootball and wrest1i::e;~up YSIC~ ly demanding sports such as more leyball, Or softball. Newer lo;ms o~~e~~es t 011ten playI soccer, volb d' a IOn sue 1 db wa (eboardm Snow oar - mg, and surfing are much less ender s ecific _ g, YOUt~~ WOt.me~ excel .a~ these sports. Increasi~g numb~rs of ;~~1e~a~:Ye ar IClpa mg In tradItIOnal 1'" , kIf . rna e actIvItles lIke motorcycling At "b'k ~:~ota,I~1~t~~~0~a Beach, Florida, and at the annual Stur~iS, SOl:tl~ back of tile bikeY ~~tr~~~ Women Once we~e relegated to riding on the 5 ~ . many OWn and nde their own Harley Davidons. en years ago women accounted for anI ]. . ~avidsonlslales; today they exceed 10 percen/ Do~:r~~i~tn~~a~a~l~;; omen WI engage m the newer form f ' ( credit card fraud) equally witll mal oSWolclnme e,g., computer crimes, , eSl I women begin to ' ' more VIOlent forms of crime as equality is reali d7 . engage U1 The official arrest data on·' d ze . also results from soci~l and cll~le gender ~hmv tl.lilt women's crime trad'r ] 1· f ell ura factors. Llberalleminists re}ect the . IlOna calms 0 Lornbroso and Ferrero (1900) that women '" b' . 1cally averse to crime or ti1eir criminalit is tl ._ .ale 1010g50n (Klein [1973] ]9RO) N r' ,y ,"; Pl:,dll~t of a flawed percrimes t ica11 ett . 0 .1£ Women s parliClpa.llOll 111 cerlain kiJ1uS of I' d' YdP bY PlY propel ty oflenses, shoplifting, check fraud wellare lau ,an em ezz ement, a result of their"d ~ sexuality as Pollak (1950) I,' j ~ceptIve and manipUlatIve I c aimec or of theIr pathol ' I . I hormonal imbalances. Rather libe 211 I " b. oglca SIC Qless or , r, emmlsts eheve that the difference
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Gel1de1~
and Crime
297
bel ween men's anel women's rates of crime is a result of differences in (1) "eX role expectations, (2) SOCialization, (3) criminal opportunities, (4) sex ~oles in recruibT\ent to delinquent subcultures, (5) the way crimes are defined, and (6) the way males and females are socially controlled (HoffIIlnn-Bustamente 1973). Social changes that reduce these distinctions and remove discrimination also llleaI1 that women's crime rates will inevitably increase. Let us look at this hypothesis. The argument that women's crime rates reflect: their changing social posi tion began with two books: Freda Adler, Sisters in Crime: The Rise of tlze New Female Criminal (1975) and Rita Simon, Women and Crime (1975), When these books were written, the media had noted the "alarming" statistic that women's official rate of crime was increasing from 10 percent of all crime to 15~20 percent. Adler and Simon explained this by the liberation or emancipation thesis, which is based on women's social masculinization, This thesis proposed that as a result of the 1960s women's movement, women were becoming socially and culturally more like men competing with men, working more, encountering more economic opportunities, and fighting as aggressively as men to establish themselves (Adler ]975), Experiencing strain similar to thai encountered by men would produce similar patterns of crime and higher female crime rates-which would eventually reach the levels of men's crime rates (Adler 1975; FigueiraIv1cDonough 1980). Tn short, increasing women's criminality was seen as a consequence of social masculinization and a cost of liberation, In another twist to the liberation-causing-women's-crime argument, Hagan, Simpson, and Gillis (1987) combined patriarchy and class in relation to gender role socialization in what they refer to as power-control theory, They suggested that class relations in the workplace and gender relations in society CDDle together in the family and produce two basic types of families with different consequences for female crime. Where the husband/father works in a powerful authority position and the wife/mother stays at home, this patriarchal family reproduces a sexual division of labor in their children, with daughters becoming homemakers and sons being active in the labor force. In contrast, when both parents work and share domestic chores, this egalitarian family produces daughters and sons equally prepared to work. Daughters of egalitarian families, unlike those in patriarchal families, are socialized to be greater risk takers wnet are just as likely to be involved in crime as are the sons, Liberal fominigtg art:! concgrngd with working within the mainstream arguing for equal rights for women. They believe discrimination and oppression can be reduced by social and legal reforms to the existing system designed to increase opportunities for women in educlltion, employment, Clnd 110litics <'lIlel ft?duce gender role sucialization. j
298
ES8{'nlinl (-'rillr1710!ogy
I.hnitl1tion,~
Liberal feminists have come under attack for such lit>eration-Cilw3es;_c>;,"_ argum~nts, bo~h. fron: mainstream theorists and other feminists. In analysIs of offIcial cnme rates of property offenses between 1965 1977, Stef~ensllleier (1978, 1980) found that increases in female crime curred pnor to the women's movement of the late 19605. He also that the ~mbseguent increase was a result of increases in women's crimes of shoplifting and check illldwelfare fraud and t. ' . nOm new cn:rles of orp~rtunlty ~uggested by the liberal femjnists. Nor are women 5 rales catchmg up WIth those of men (:rvresserschmidt 1986). . Caro~ SI;1i'l..rt (1979) rejected both the liberal feminist argument and Steftensm~Ier s lllt~rpretation. She argued that the biggest increase is in violent cnme, which is not a traditional area, and that any comparat· . ··1 ~ lllcrease IS nll~ eading ~ecause of the small absolute figures. For example, a .5~O percent Increase In murder can Occur when the figures go from one to fIve, but th~l Ileed not be as significant as an increase in absolute fig:Ires frail: J .sOU to 2,000, which is 50n lllOre murders but only a 2.5 percent mc.rease In the murder rate (a poinl- also made by Steffensmeier). Smart pomted out that: data from earlier decades, such as 1935-1946 and 1.9.55-19115, show a more rapid increase in women's crime Ulan does the tIme of t.lle. women~s movement. Finally, she argued that official crime arrest. s.tabstIcs are bIased. They overrepresent the working class and minor.ltIe~, and. they are affected by changes in police and prosecution pohcy, JIlcludmg thp attitudes of police officers. . According lo the chinalry hypothesis, in the past women have been less h~el~ to be fei'ltufPcl in the official crime slatistics not because they are less cnmlll~l but .be~{luse of "knightly virtue" and kindly treatment of women by pollee, rllslncl attorneys, and judges, most of whom have typically been male. tn .recent years, this has chrmged because greater numbers of women enterIng ~riminal justice professions are less likely to treat women of~enclers hghtly. Also, attitudes toward women as active agents are changlllg. As Smart (1976) argued, the recent increase in women's crime rates is a product of women's liberation insofar as liberation makes enforcers such as police, social workers, and judges believe in liberated wome~l,' ~n~l they. are prepared to arrest them, charge them, and sentence them. Ilus IS partIcularly true for women's violent offenses (Box 1983). In short, the patter~l of female crimin<1lity is i:ln artifact of the selectiVity ~hown by the F'.ohce and courts ancl other agencies toward -women, whkh IS based on seXIst ilSSUlnptions and perceptions (Camp hell 1981; Box and Hale 1983; ~IolTis 1987). In certain types of crimes, sentencing results in women gettlIlg tougher sentences (Chesney-Lind 1986; Chesney-Lind and Sheldoll 19(2). This is particularly t:rue for single women, who com-
Patrulrchy,
GelUtel~
and Crime
299
nlenIfor (patriarchal) 50\·tIV -I·ubs l ' dlallenging the male-dominated . . , gender norms. Not least of these n0011S IS patnardlY s need to conyoung single women. As a result, young .wOl:ne.n, . wI~.ose status .. ses . elude rUlming away from home to aVOld vIctirmzatlOn, can be DJJen In ' . d b bly victimized, first by Uleir male caretaker abusers an second y the dOll justice system, which may unwittingly return these daughters to ,n,u>,", parents, compounding their harm. . . . . ·1 Iy the more recent power-control thesis, WhICh Imphes that a SUn! ar , . , . ·'s liberation explains increases III her daughter s cnme, has been I nl?,~l.eI d for falsely "assuming that working in an authority position in cntrclze .. I " . marl-et translates into power and authonty m the lome (BeIrne r b \. , .. the 1ao and lV!essersclunidt [1991] 1995,549). Power-control verswns of lIberal feminism have also been criticIzed on the ,baSIS ~l~t tl:ey ~re not supt d by the evidence Although women s partICIpatIon III work has pOl' e ed , all measures ~f felnale delinquency show stability (ChesneyIOcreas . Lind 1989,20). . . Finally, socialist feminists have argued that any re~l In.crease ~ property crime is due to wOInen's eC01:omic ma~·gin~lizat[Qn III a patnarch~l society, not that liberation leads to ll1creases In crune among ~o~en. ThIS means more women are either unemployed or employe~~n Inse~ure, art-time, unskilled, low-paid jobs, at a time when welfare IS In.creasIngly ~ut back, "so they are less able and willing to resist the. te~pta~lOns_ t~ engage in property offenses as a way of helping solve theIr fmanCial diffIculties" (Box 1983, 198~199; Box and Hale 1983). . _. Because of Ule weaknesses in the liberal feminist analySiS, other temlnist criminologists argue that it is not enough to pursue equality for women through reform~what is needed is systemic change away from patriarchy. :NIost vigorous in this criticism are the radical feminists, whose pusition we examine next.
Radical Feminism Radical feminists such as l\IIacKinnon (1987, 1989) criticize liberal feminists for attempting to change the law to bring about e~ua~ity! as well as liberal and Marxist feminists (discussed later) for buymg mto male culture. They argue that liberal feminist attempts at legal reform miss. the central problem of patriarchy and, worse, leave it intact und~r the veil of fonnal equality. They also argue that prioritizing the econon~Ic.sphere(as
in Marxist feminism) is accepting male :Jtilndilrd5 oj what 15 1mportant, while doing nothing about patriarchy. . . . AccordincT to radical feminists, the explanation tor tlle gender ratIO m o , J .. , crune is self-evident. Crime is men's behavior, not WOlllen S.t is m men s biological nature to be aggressive and dominate. Crime is simply an
.JOI)
fa/riol'd/,I;" \ ~l'IIi1er, and Cri11lf'
E::sselll-ia! Cri/llillulogJj
expression of La c(ll'llra} and dominlt'" o-tl""l"'" , _ mell's . need. ' ~.... - .... ~,. '[-III'"s ocell!" IlLllllerOUS torms, lllcludll1g imperialism, racism, and class socielv ::. most of all men seek to dominate \-\lomen, forcing them inln 'J' Lind ~e~ua] .sla~ery (,BaITY. !?79). ['vien are born t'a be se.'lIdJly "mel It IS thIS bIOlogIcal difference thtl! directly C(luses their crimi" I_ TI lid Ill' ( Br~W1UnJ-II-er 19"0) I~ . . 1US rape 15 the ultimate expression oJ '.-\lumen's bd I,_ - - " Su or 11131011 oecause It 15 an act of a~'uression in \·vhich the victim'· "1 _ j I' - . - 00 . IS t e t~lel 1er selt-det~rminalion'-'.(Griffin 1979, 21) and through which aJi nJel~ keep all women In a state ot lear (Browllllliller 1975, 5). A distingUishing fe~ture uf radical feminism is its focu~ on palTial'chv ~l11d human and hmv to l~nI-L'e '\') . .."reproducllun _" _. this is llsed dS a basis ,v(menIIlto subunllllallO~ ~J~ggal~ lyo3). \Nomen are subordinated to men through d sexual diVIsion ,at labor in which \NOmen are assigned all the ~":ork necessary to rear duldren and the "sexual division of labor estab_ lIshed originally in procreation is extended intu everll area of life" (Jao- . 1983,249)_ Dgal
The sexu~l divisiun ut' labor is reinfurced by l\Iale aggre:'>siun, which is ~lsed to defme and control the culture dnd institutions of sudety, indud~
mg ~1) the ~~a.te a~d its .instit~tions of government, (2) eml---~loyment (where In~n s !~leas domlllclte mdustry and commerce) and especially worl: relatlOnslups, an~ (3) social institutions, especially the fdllljly, which prOVIdes tlll' rout of thIS "ldlN of the fdther." In t'(1ch of Ulese arenas, men control \,vumen. thrOl,!gh psycholugical, economic, sexllal, and phys1cdl abuse and nIal1lpulatIOll, oftenlinkt!d tu controls over their sexuality and reprodllction.ln addition, the II1ale~Lunstrucled law has limited Lon~ider ation (lJ the ways women's bodies and activities are contrulled throuo-h the law and the state, both of which are male dominated, in \vays f~1' more repressive tl.lan th~ la\vs affecting Incn. Not surprising, wo;nen's culture reflects their servJle status and fosters an attitude of self-sacrifice. There i~ an interesting parallel between I-he radical feminist antilysis and the blOlog,ical/evolutiondry psychology perspective we discusse~j in Chapler 4, whIch argues that male violence contributed tu succt'ssIulllllman ev?lution by ens,uring that the most able and successful males reproduce With the best sll!ted fernales. Radical feminists believe that they call onl\' be free fruIIl JII,-de dumination by liberating themselves from male dt:'i~initions uf redlity and from wom.en'~ roles and place in society, pdrtkularly in the family,- Since male dommatrol1 shapes the state and its Jaws, if they hope to a-dvance their C\'-l.Ulje VVUUlen mll::;l ltlke power lrOlll ITlen in tllese inslituti(lllS (IVlacKin1 ~10n 198 )). Tllis llieans repbcing men in powerlld positiun::;, particularly 111 the law and the courls dIll! other institution::> III crimindl justice, Fu;then~1Ore, women should become se\ually dut()JIUmuus ill reproduction ,mel mvolve themselve;.; ill womell~cenlered dnd wOlllen~only urganiza-
.301
developing their own values and culture raelled in women's tradi". '1! hidden culture. It is because radical feminists want La exclude men IIOIh _ _I to as separatIst -- f-em -mIsts - - (Young socialltfe thtl! they arc also rt.'lerre( '187). Radical fe;ninists believe that once women have obtained the objective is tCI abollsh gender, hierarchy, and the distinction bethe pL'lblic and privale spheres of society (Jaggar 1983, 254~255). IJltIl11al:eIY, argue radical feminists, patriarchy mllst be replaced by matri~ reby (rule of mothers), "<1 society in which production serves the intera of reproduction; Ihat is, Ihl' production of goods is regulated to the lIurlur<1nce of IHe" (Love and Shanklin 1978, 186). Only then crime--111ell harrnillg others··--diminish. Among llwdern-day matriarchal societies, such as the JvIinangkabau of West SUH\,ltra, Indonesia, it is not so much that the women rule, even though their power extends into economic and political realms of the society and women control land inheritance (Sam-lay, 2002). Rather men and women are seen as complementary, with social emphasis placed on mlrturing growth (lml nn the maternal in daily life. "While we in the \Nest glorify male dominance and competition, matriarchy in this soc~ety is about mnking the maternal the center, origin, and foundation, not Jllst of life but of th-e social order as well" (Sanday 2(03). lYIost illlportantly, Sanday describes (l peaceablf', almost violence-free Minangkabau society of 4 million people. Lillli111 tiOlIS
Criticism of the radical feminist agenda has come from nUlllerOliS sources, including other feminists (Danner 1991; Jvlesserschmidt 1993; Ivlunro 2003). One of the primilry objections is that it assumes a biological determinism in which men are destined to be harmful, aggressive, and control1ino-. Catharine MacKillnon, a leading radical feminist, has been particularly criticized on detenninisbc as well as esse~tialist issues (Ivlunro lO(3). Research sllggests men's abuse of women !s not always molivated by control. Sf~cond, radical feminism ignores differences among men ~nd among women, perl'eiving gender as ,'I "sex caste," This "assumes a universality and cOlllUlOllahl:y of wornell's subordination thai does nol- exisl. lmporla"nt po'v\,Qr difff'feniials among women are ignored" (Danner 1991, "S2). '[,hinl, Ihe ilq!,lllllPnl about men controlling women through physicol forn:> and Violr'IH.'f' ill t11e best interest~ of societal evolulion Jails to e:\.pldill l1uw lIlt' critl"liil of being i'iuc<;:\~c;:;lu\ hi;\V"" ch<:lno.... d, such that: those who are llltlsl SUCCL'ssful "in the competition for resources in fact are the least likely to emrdoy seriolls forms (Jf violence as a tactic in tJleir interperso!lf11 lleg'otia lions, including cleill illg wi II \. cOlllretit"o~'s eithpr fUf eC(lllOlllic IT'sourCPS nr ill lerms of the reprodl1ctlve caraCllles 01
.JI)()
Patriarch.l/, (;('uc!er, and CrillJp
l:;'sselltial L'rilJlillLlfuS.lf
expression of men's need to control and dominate others. Thb numerous forms, including imperialism racism and cl-""'''~" ~. -I\' <>,.'''' L,ULle most of all men seek to dominate women, forcing them Il1ln .' Lind sexual slavery (Barry 1979). Men are born to be se.'\lJdJl)T do' . . I d'l1.ference , . mmal\l dll d I't'IS II' 115- I' 1101ogled thi:ll chrecHv Gruses their (Browmniller 1975). Thus rape is the utlinldle e;pret-ision of wumen's o~dination ~ecau5e ~t is ."a~ act .o~. aggrebsion in which the victim is dellIed her selt-determUlal1.on 1979' :!.I) and throup-Il vvhleh all Illl'n . _ _ _..'(GnfJm , 'CJ . keep a II women 111 a state ut tear (Browl1111iller 1975, 5). A diStingu.ish~n~ f~~tLlre u!: radical fe~linis1l1 is its fo.eLl;; on patriarchy ~U1d humal~_I.epI?dudlUllalld 1:0,\"". tIllS IS used dS a Oa.SIS tu Jorce wome;1 Into subOldlllatlO~ ~J~ggcu 1983). \i\Tolllen are subordinated to men through a sexual dlvlslOn .of labor in which -women are dssigned all the work necessary to rear chIldren and the "sexual divisiull uf labor est-I_ i"IS I1C d ongma .. II y in procreation is extended into every drca of life" (Jag " ) . 1983,249). - . ,gal I
}
The sexu_~l division uf labor is reinforced by male aggression, which i::, :lsed t? detlne and control the culture dnd institutions of sl)Cidy, indudmg (1) the ~ta.te and its .instit~tions of government, C.?) 12Jl1I;loyment (where m~n s l~leas dOllll11
.301
developing their own valuE'S and culture rooted in women's tradihidden culture. It is because radical feminists want to exclude men social life th,'lt they are also referred to as separatist feminists (Young 2.87). Radical feminists believe that once women have obtained the objective is to abolish gender, hierarchy, and the distinction be'een the public and private spheres of society (Jaggar 1983, 2.54-255). :i!~tiTI1atcly, argue radical feminlsts, patriarchy mtlst be replaced by ~atri-h)' (rule of mothers), "a society in which production serves the llltera~ . I of reproduclion; that is, IIw production of goods 15 regula tee to the nurturance of 11fe" (Love and Shanklin 1978, 11)6). Only then crime--nlcn harming others~diminish. Among mCldern-day matriarchal societies, such as the rvlinangkabau people of West SUlnlltra, Indonesia, il is not so n~uch that tl:~ women rule, even though their power extends into economIC and polItIcal realms of the society and women control land inheritance (Sanday, 2002). Rather men and women are seen as complementary, with social emphasis placed on nurturing growth and on the maternal in daily life. "While we In thE' West glorify male dominance nnd competition, matriarchy in. th1s soc~ety is about TIlnking the maternallhe cenler, origin, and foundatIOn, not Just of life but of the social order as well" (Sanday Z(03). Most importanlly, Sanday describes a peaceabk', almost violence-free Minangkabau sodety of 4 million people.
Li71lifaL-ions Criticisrn of the radical feminist agenda has cOIne from numerous sources, including other feminists (fJanner 1991; Messerschmidt 1993; rvIunro 2003). One of the primary objections is that it assumes a biological c1etenninislll in which men are destined to be harmful, aggressive, and controlling. Catharine MacKinnon, a leading radical feminist, has been particularly criticized on deterministic as well as esse~tia1ist issues (fYIunro 2003). Research snggesl-s men's abuse of wornen IS not always molivatecl by control. Second, radical feminism ignores differences 311111llg men ''lncl among women, perceiving gender as ..1 "sex caste." This "assumes a universality and comtlwnaliiy of women's subordination thai does nol- exist. 11llpnrtant powf'r diHerenlials among women are ignored" (Danner 1991, 52). Third, lhe ,ll'gI11l1f'llt JbOllt men controlling women through physical force ami vin]ellCf> ill lhe best interests of societal evolulion r;ils to (;lx-plain huw Ihe crilf'rLl of being successful huve changed, such that those who are fIIUS! successful lil n the competitiun lor resources in fact. are the leasllikely to employ seriolls forms of violence IlS a tactic in their interpersonal negotiations, including delllillg \vilh cOlllpelilors ei1I1Pr for ecoJlomic IT'SlllHCPS nr ill lprrns of the reprodllClive Clll'i-lCities 01
Essential Criminologij
Patriarchy, GeT/der, and Crime
women" (Polk 2003, 138). Fourth, in its instrumental conception of the state as a means to power, radical feminism aSSUTIleS that men are the sole problem, rather than power itself being problematic. ln attempting to USe the state to protect women against male violence, radical feminists risk increasing the power of the male state against women (Pitch 1985; Currie 1989; Smart 1989). Furthermore, by ignoring the constluction of differ_ ences among people, radical feminism presents a naive view Ulat women in institutions would be able to create a nurturing society devoid of power relations. For many, particularly Ivlarxist and socialist feminists the radical position is inadequate without a more profound an?llysis of so~ ciaI structure and the state.
I10nca pitalist societies, and women feel guilt, blaming themselves for l:1f'ing rtlped (Schwendinger and Schwf>ndinger 1983; SrmdtlY 1981). The class patriarchy analysis also explains spouse battering, which victimizes women at t.hree times the rate of male victimization (B}S 1993, 25). 'This is explained as men's attempt to control women, who are trying to liberate themselves from economically dependent domesticity (Srlllnders 1988). The relative lack of women's criminality and the nature of women's crimes are also explained from the lYlarxist feminist perspective. Their control of economic exploitAtion explains why women, like slaves, commit very few crimes. l'vlnreover, the crimes women do commil reflect their class-defined dependency or attempts to break from it. For example, women, unlike men, typically cOllunit embezzlement to help solve economic problems facing their family for which they alone feel responsible; virtually anything justifies maintaining lhe welfare of their husband, children, or pnrents (Zietz 1981). Similarly, unlike men who kill women intimates, "wumen who kill their pClrtners IYrjcally do so only after years of enduring various forIlls of physical, SeXlli'1t and p."ychologieal abuse. Typically, these women have used up all flvailahle forms of social support, perceive that they canIlot leave their abusive relationships, and fear for their lives" (DeKeseredy and Schwartz 1996, 291; DeKeseredy 1993; Dobash et a!. 19"2). Other petty property crimes are also the result of women's oppressed position in a capilaJisl economic system that attaches them to lhe subordination of family servitude (Balkan et a!. 1980). Given the priority of class over patriarchy in Marxist feminist analysis, it is not surprising that their solution involves changing the capitalisl class structure to involve women as full and equal independent productive members of society. This means eliminating male-dominnted inheritance of property, paying women for housework, and provirling house care and child care services. This would only be possible if the capitAlist system were J'f>plf1cer! with a democfillic sncinilst one (Daly ,mel ChesTlPVLind 1988).
302
Marxist Feminism The IvIarxist feminist perspective emerged in the late 1960s as an attempt to explain women's oppression using lvlarxist analysis (lVlesserscimlic1t 1993). Marxist feminism, like radical feminism, sees society structured as a patriarchy but argues that this patriarchy is rooted in the kind of economy a society has, particularly its class relations of production. Historically, capitalist societies based on private ownership of the means of production and male inheritance have created class-divided societies in which men dominate. Gender differences are used as a means to subordinate and exploit women as a "reserve army of labor"; they are used as free domestic labor to keep capitalist wage costs down. As Engels (188':1) argued, women's place in the family is based on the master-slave relationship, which exploits women through their subordinate and dependent relationship to men. Their role, and the role of the family, is to reproduce/socialize compliant workers who will sell their labor 10 capitalists. Although capitalist class society oppresses the majority, "women are doubly oppressed through their tie to n domestic sphere thaI is inconsequential in terms of its power and influencE'.... The essence of the lYlarxist-feminist position, therefore, is tl1ilt ,"vomen, like men, are oppressed economically but, unlike men, women are once again enslaved by their domesticity" (Alleman 1993,27). Thus it is the double oppression of women, argue Marxist feminists, Ulat leads to both their victimization and their criminality. In contrast to radical feminists, ivlarxist feminists see male crime against women not as tile result of inherent qualities of male nature bu~ as a product of men's molding to Ci\ploitiHive rdatiVllb by U Cflpllttlbl system. Men see otllers as competitive threats that need to be controlled in order to retain their own position of relative power and to keep women economically dependent. It is for this reasun that men rape women, a phenomenon not typically found in
30.1
Limi tatioHS The major criticism of Marxist feminists COllles from socialist feminists who disaoree with the priority given to class over pat.riarchy. ]n pflrticuleu; Marxist feminism hati llEEI1 crilicizcl,l for explilining women·s clornes~ tic labor in relation to capitlll but not in rplalinnship to men (Ivlesserschmidt 199:1,52). Instead, socialisl: feminisls ilddl'ess the ClASS patriarchy rplationship, as wp SllO\V in the IlPxt spcli(lll.
304
"us
E,,-:senliI11 ('rimillology
Socialist Feminism Socialist feminism is an allempl to merge 1\tfar:-.:ist feminism and radical feminism (Jaggar 1983; Danner 1991; Einstadter <'Illd Henry 1995; DeKe_ seredy and .schwartz 199(i). It examines the interrelated and interdepen_ dent forces of capitillism (Inc! patriClfchy that lead to men's crime and women's oppression, subordination, and dependency. It does this Without prioritizing one over the other (Eisenstein 1979; Hmtmanl1 1981). A major statement from a socirtlist feminist on the cause of crime came from James Messerschmidt, a criminologist at the University of SOllthern T\.tlaine. III his book C'llpilnlisl11, Patriarchy, nlln Crime (1986), Messerschmidt argued that relationships between owners of capital and workers result in tile exploil(ltion of the vvurkers hy the {)vvners (based on class inequality). Intertwined with class oppression is a system of "relations of reproduction." Through these rebtilJns, men exploit women's l(lbor power and control their sexuality in order In reproduce the existing social order (indueling its sex role divisinns and hierarchy of power relations). The rplatively powerful position of lllen gives them greater opportunities for crime and a greater ability to Cf(~ate harm. In contrast, women's relatively subordinate position affords them less opportunity to offend, just as it affords them less opportun'lty to benefit from legitimate opportunities. In short, class patriarchy not only (:reilles crime but subordinates women. Whereas the other versiuns oJ feminism see women's subordination resulting froill one or ;lI\other determining force (evolutionary, liberal socialization, radical biology, Milrxist-capitnlist class rebtions), socialist ferninism sees humans (IS shaped Clnd traJJsformed by cooperative productive activity "in which human beings l'ontinuollsly re-create lheir physiological ,md psychologicill constitution" (Jaggar 1983, 303). As Jaggollsll bolh ChlSI'; clod gender, Socialist feminists believe thilt of central impnrlance in ..m y Hew order is reproductive fref::'dom (i.e., women's control over whelher nnclullder what circumstances Ihey bear and rear children) nne! sexu(ll freedom. They also Ilf'lipvP Ihnt thefe s!loldd hf' an t'nrl to ('omplllsnry mothprllOod. They be-
uf paid Illdternity leaves dnd of publicly funded, " . ., .. . . . child care. lhese polICIes are deSigned tn lIberate . . ten from alienated motherhood and allow them the freedum to be won ". co 11 ec t"·lve orically independent of men. But the socia I"Ist- fenntUst eCOl1 llITl . " . der requires more than an absence of hierarchy. As Emstad~~r and R.enry (191)5) argued, it require,;; an equality b~sed on ti.le r~c(:gJ11.tj(}n of dIfferences of experience, whil~ at the same tune not Jlscrnnmatmg un the basis of these differences. "
lJe ve
1""
tile dVdilabilit)'
"ty-controlled conlll1 11111
[.illlitafioHS
Socialist feminist analy::;es have been subject lu criticism, again largely from uther feminists. Some claim the llleory is still essentic'llly Marxist and deterministic in that the double vision for patriarchy and capitalism leaves itO room for the meaningful construction of IltJllIan action (Sm~rt 1987). Radical feminists criticize both Marxist and socialist fell.linism ,tor failing to explain why capitalism requires women to be ::;l~b~rdJnate. 1',urthennore, they argue that tllere b nu guaranteE' that d soclall::.t revolutlun would liberate women (Hartmann ISlSl). Another serious criticism comes mainly from thuse who see the focus on capitalism and pdlriarchy as exdu~ionary. For e,:mnple, ~ro~n (198~) argues that the concept of patriarchy Jai~S to rec:lgl1lze the Instoncal var~ atioll within women and within men, Others fmd the concepts of patriarchy and gender to be racist and ethnocentric since they are based un tl~e experiences of white ,<\-'omen and exclude women C-)f _color (AhluwalJa 1991· Barrett and IvlcIntosh 11.)05; Mama J989; Rice 1990). See also HoodWilliams (2001) for a critique of "masculinity" in general and uJ Messerschn1idt't; theory in part.icular. In response to some of these charges, recent v(~rsions 01 socialist feminism have shifted toward analyzing the intercOllned:iolls between all dimensions of hierarchy and acknowledging Ihe concept of difference: "The crux of the socialist-feminist concern with the intersection oj gender, class, and race is the recognition of difference... , f\ltriarchy CdmlOt be separated from capitalism, neither can racism, illlpt~rialism ur any oll~er oppression based on 'utllerness'" (Danner ]991,53). ·n.lis shiH to "di.ftl'rence" rather than particular structural forms occur::; l1"l two new chrections; one is postmodern feminism and t.he uther is the emergence ot gendered theory, which we consider first.
Gendered Theory Althllugh lite approaches to feminist analysis dbl:U:'cisl:.'d dbuve have differences (Caulfield and Wonders 1(94), they Me ulllLed around the need
30b
l::sselltilll Crilllirwlo::;y
tu "develop d gl.::'lldereJ .t_heory of crime, that is a theory that explicit]
take~ :.i~t(~ account tbe e~t~~ts of genderdnd [narc significantly, gend~
strallhcd!lun, on WtJtlH~n s lIves and development. " [and] the recogni_ tion thd! people's perceptiuns, opportunities and experiences are shaped not ollly by the mode ufproduction under which they live, bu! also by the form of gender relatiuns domindiit in their society" (Curran and Renzetti I YY4, 272).
One of the implications of gendered theory is that we consider how both \-\'omen's femininity and men's masculinity are formed by their experi_ €.nces. In this context, Messerschmidt has revised his socialist feminist positIOn toward one of structured action theory, arguing, "Crime by men is a form of social pri::ldke invoked as a resource, when other Sources are Wlavailable, for accumplishing masculinity" (Messerschmidt 1993, 85). This is a[mustlike saying that crime is the result of blocked opportunities to be a mall. fvIesserschmidl. argues that the concept of patriarchy obscures real variations in the COll~tniCtion of masculinity. He notes that there are differin? Illdsculinities, jllst as Ulere are different femininities. Committing Crimes depends 011 datis, age, and situation but is an example of "doing gender" (the social construction of gender), or building masculinity or femininity. In other words, doing crime is part of manliness (Polk 2003).
Epistemological Issues and Postmodern Feminism l-::pistelllology is "theories of what knowledge is, wllat lllakes it possible, and how to gel il" (Harding 1991,308; Flavin 21J1J1). Epistemology is how ~""e create kIlowledge. As such it involves the methods we employ. Part of the difficulty cunfronted by gendered theory is that the available social sciellce methodology is based on male culture's definitions and ways of obtaining kllowledge dnd truth through positivism; in other words, our ('llllllnOllsenSe knowledge and "ways of knOWing" are gendered (Hatty 2(J()()).Such approaches are arguably i.ncapable of appreciating the diversity ot gender constructions. In contrast, some feminist theorists have devdoped an alternative research method called I.Istdndpoint epistemology," which claims that "the construction of knowledge requires many voices; especially those thut have been marginalized by rdcism, sexism or class privilege. No one standpuint is given greater honor over others; togeUler they give a rULlg! I understanding uf the JIlallY ways to grasp the incredible complexity dnd ever-changing pdttern~ of social life. Standpoint episteI1hJ]Ogy ... revt'dls i.l neglected ur furgutten point of view, it empowers those e~\cluded)' (Young 1995,730). Flavin adds that "standpoint feminists try l~J COI1:::;lrllcl knowledge frol11 lhe perspectives of the persons being ~ttldlt'd on the grounds that the perspective of the oppressed or marginalIzed lends to be less distorted" (2001,274.).
Patriarchy,
Ge/l(iel~
and Crime
307
This attention to a diversity of experiences, multiple know ledges, and the sodal construction of difference has led some to the view that a new, nonexclusionary paradigm is necessary. One sud1 approa~h is posllnodern ism (which we discuss in detail in the next chapter). Bnefly, posl:Inodernism "emphasizes the ill1portance of alternative discourses" and accounts and frequently takes the form of examining the effects 01 language and symbolic representations" (Flavin 2001, 274). POSl:In.?dern. feITlinists who write about crime, law, and social control, Stich as Carol Smart (1989), Alison Young (1Y90, 1Y96), and Adrian Howe (1994), gu further than the standpoint feminists, although their positions may at first seem similar. Both celebrate the legitimacy of discounted knowledges. Standpoint feminism wants to replace male tnlths with truths based on the diversity of women's experiences. Postmodern feminists prefer multiple knowledges rather than neW truths because these tell different stories. Thi.s continuing diversity offers resistance to any domination) particularly from identities formed in hierarchical contexts that tend to reproduce further domination (Smart 1990; Grant 1993), Postmoclern feminists reject notions of class, race, and gender and note that the early while Western feminist notions of the universal subordination of women neglect differences among women, particularly women of color) Third World women, lesbian women, and others. The notions of "woman" and "women" themselves have been questioned as inadequate by feminist post modernism (Howe 1994,167; Smart 1992; Bordo 1990). The assumption that ead1 person has one fixed sex, one sexuality, and one gender is replaced by crosscutting sex, sexuality, and gender constructs that capture the complexity of gendered experience (Lorber 1996). Postmodernism criticizes early feminist criminology for taking for granted assumed gender distinctions between men and women, masculine and feminine, without questioning these (Brown 1990). Consideration of alternative discourses is thus critical. A third way of creating knowledge is through tradition;]! social sl:ience methods: positivism. While most feminists have reject:ed this meUlOdology, some have embraced it. For example, Campbell, Ivluncel~ and Bibel (1998) conduded a sophisticated statistical analysis on the female evolutionary perspective (1998). This type of researcherjtJleurist is called feminist empiricist, and this position is considered lithe most conservative" feminist approach (Flavin 2001).
Conclusion In this chapter we reviewed the contribution of dominailt feminist theuries and theorists. We conclude by noting that feminist criminology has shown U1at "gender inequalities exist in society and lhilt these ineguali-
Essential Criminology Second Edition
Mark M. Lanier University of ('enfmJ Florid"
Stuart Henry Wlllllle Sf"ft' UniPfr"il1/
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this newly revised text, Lanier and Henry build upon their critical teview of riminology, expanding their coverage ofthe multifaceted "Crime Prism," white-
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lIlar and corporate crime, new developments in biocriminolog}T,. cognitive leary, feminist criminology; and posrmodernism. Importantly, they re-frame rime and its control in the context of global interconnectedness, expanded Hemet communication, and international terrorism since 9/1 L and ask: What
ind of criminology is needed for the 21st century? The addition of illustrative, )mparative, real-world examples and vital updates reflecting the latest studies ad theoretical developments make this text a necessity for both undergraduate nd graduate courses in criminology.
lARK M. LANIER is an associate professor of criminal justice at the University f Central Florida. STUART HENRY is professor and chair of the Department f Interdisciplinary Studies at Wayne State University.
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Mark M. Lanier &- Stuart Henry
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Patriarchy, Gender, and Crime
Esse/ltial Criminology
ties should be addressed" (Flavin 2001, 272)" We have shown how femi. nist sd101arship has focused on core issues that highlight the importance of the difference between men's and women's patterns of crime and vic~ tinuzation. We showed how feminist theory moved from a liberal critique of differences and a call for equality, through radical, Marxist, and social_ ist forms before reintegrating around a set of issues haVing to do with U1e gendering of crime and justice, and of crime as an exercise in "doing gender." Several social policies have been examined in this vein, each offer_ ing a way in which gender, together with race and class, needs to be incorporated into justice in order to correct the deficits of a male JOl1li~ nated theoretical tradition. In the next chapter we extend this "critical" discussion and focus on postmodernisITI, peacemaking, and left realism. As you read the next chapter, you will note that it is really an extension of the basic critical assumptions that began this chapter on feminism, but we have framed it i.n the wider context of global change.
Summary Chart: Feminism Human Nature: Humans are (1) in liberal feminism, social blanks socialized into gender roles through family, media, education, and work; (2) in radical feminism, biologically determined-men are aggressive and competitive, women are cooperative and nurturing; (3) in Marxist feminism, human differences exploited for class interests create artificial divisions and accentuate competitive male charactelistics; (4) in socialist feminism, "gendered identities"--gender, like race and etlmicity, comprises socially constructed categories imposed on biology that create women as secondary, marginal beings, a view reinforced by socialization. Society and the Social Order: Represents male interests in its structure, organization, institutions, and operation and excludes women's interests: (1) in liberal feminism, hierarchy with unequal opportunity for women; (2) in radical feminism, patriarchy with male gender dominating all institutions of powel~ indllding state; (3) in Marxist feminism, class hierarchy based on inequalities of wealth in which women are dependent and reproductive of male labor; (4) in socialist feminism, class-based patriarchy with coalescing inequalities uf class, gender, and race, with state seen as relatively autonomous. Crime: Crime is men's domination and control over women, who are devalued; in socialist feminism, doing crime is doing masculinity. Law: Law reflects male definitions: (1) in liberal feminism, hnv uphulds inequalities; (2) in radical feminis1l'l, lavv is an extension of male power; (3) in Marxist feminism, law reflecl:s capitalist interests and workslu maintain dominant class interesls, which ilre male; (':1) in socialist feminism, law bolsters male supremacy and reinforces appearance of women's inferiority as natural but also affords women some proteclion. Criminals manifest the gendered identity of masculinity. Causal Logic: (1) in liberal feminism, women's llberatioll as women becomes more androgynous; (2) in radical feminism, male aggression, domindnce, and
309
I" (3)- in Marxist feminism class exploitation and subordination of co ntro , ' . . 1· f ". women leave them dependent, weak, and vulnerable; (4) ill sOCIa IS.t emtl1lsm, . , ac'ion of fnrces of class and gender subordinates women, creatmg them as In erc . _. f ]"ff egory of "otherness" that is part of a general socIa. 1 constructIon 0 C I erac a· . h h . h F , ' . masculinity is used by some to dominate others l roug patnarc Y. ement:e, . . . . inist empiricism accepts traditional models of causality. "mtn " oj Justice Policy" (1) in liberal feminism, seeks to end gender dlscnmmaCn , · .. d f 1 f tion through changes to law increasing women's opporrnmtles an. 191ts .or equal treatment in law; (2) in radical feminism, see.ks to replace patnarchy WIth matriarchy in which production serves reproductlon an~ ~urturance and sees state as major resource to be captured; (3) in Marxist fe~U:Ism,s~e~ to replace capitalist class hierarchy with socialist society; (~) i~ sOClalis~ f~mImsm, seeks to replace class patriarchy with decentralized SOCIalIsm P~OVl~~g equal co~tr~l er decisiomnakino- to the disempowered (women, mmonhes etc.), to ehml~:te power based difference and allow women to def~~ ~emselves, d to demystify gender constructions of masculinity and femmm1ty to show dIver-
0;
ar:
sity within. . .. . Criminal Justice Practice: Encourage increased reportmg of VIOlence agamst women at home and at work: pass nf?W laws banning sexual harassment, stalking, date rape, pornography, and so on: (1) in Yberal fem~nism, acquire more contTol over men's power through stronger pobce force, stncte.r l~ws,. an~ regulating men's violence; (2) in radical feminis~, repl~c~ men m mSh~tlOns of power with women; (3) in Marxist and so~iabst femmls~, .decent~abze dem~ cratic institutions of justice and replace rattonal male pnncIples WIth women s principles of care, connection, and community.. .. . . Evaluation: Radical feminism criticized for assurnmg bIOlOgIcal determ.lnIsm and sex castes composed of dominant men and subordinated women; lIberal a.nd radical feminism nccused of strengthening power of the male state and deny:ng entry points for women [0 make change. Radical femin.ist view o! menas cnminal/women as victim ignores women as offenders, remforces VIeW of wo~en as passive and men as active. All criticized for being blind ['0 race and eth11lCIty, for ignoring unique qualities of persons of color.
Critnil1ologies for the Twenty-First Century
12
CriJninologies for the Twenty-First Century Globalization, an Issue of War or Peace?
In this chapter we consider whether the world in which we live has changed so fundamentally that traditioI1uJ ways of theorizing about crime and our response to it need dramatic revision. ''\That theories address crime in the twenty-first century? For most of the twentieth century, crime and violence were seen as problems to be confronted within nations by their systems of criminal justice and social policy. Individuals or groups, largely male, within society and especially within cities but also within homes, organizations, and workplaces, were seen as committing aels of harm against their family, their neighbors, their fellow workers, or their communities. As we have seen throughout this book, the theories abol1t why they commit these acts have ranged from individual choice and opportunity, through individual biology and personality development, throl1gh varieties of socirll sllrvival and 8dnptation, to political conflict and resistance. Only strain theory (anomie) and criticrd criminology (conflict, Marxist, radical, or feminist:), which we examined in Lllf' previous three chapters, see the crime problem AS related to the culture (lild structnre of societies. For the most part, societies have framed crimes as disconnected froIn one rlllother, acts that threaten our security that can be controlled, eliminated, trellleel, or otherwise removed fro III society. The common approach to the crime problem viewed it as a disease or 811.
encnlJ' on \vhich socicly
Tl1LlSI vV~loe war.
DurinIJ the late twentieth
century a "'war" rhetoric exrandecl into the social fnbric and was used by pol1licians and government to frame a whole range of social problems, from the "VVar on Poverty," the "War on Drugs" (Johns 1992), the "War on Crime" to, most recently, the "vVar on Terrorism." However, the war
31()
311
rhetoric approadl, which creates an "us" versus "the enemy" division, is contradicted by the reality that defies such a sirnplistic analysis. The last years of the twentieUl. century witn.essed fund~mental changes in societies which demonstrate the increasmg connectIOns among humans, not ·ust nationally but globally~that the security of anyone of us is con~lected with the security of all others, and that we must think about problems and issues (e.g., crime) locally, nationally, and globally. IvIore important, if we are to increase our sense of security we need to approach problems in a way that reduces Ule total conflict/harm, rather than adding to it through criulinal justice responses that create and add their own level of hann and deprivation under the guise of "punishment" and "just deserts." Instead, argue proponents of these new theories, we need to address problems in ways that take a peacemaking rather than a harm-creating or a war-making approach. Recognizing our intercOIUlechon requires us to think beyond national boundaries, disciplinary knowledge, and simplistic solutions. In dealing with complex problems such as crime, we need approaches, analysis, and pohcy that are holIstIc, mterdlSciplinary, and comprehensive. Si;..: fundamental changes can be identified that demonstrate the changed nature of our world toward increasing intercOlUlection and interdependence: (1) globalization, (2) the communications revolution, particularly the Internet, (3) privatization/individualization, (4) the global spread of disease, (5) changing perceptions of conflict and national security, (6) the internationalization of terrorism.
Globalization Globalization is a process whereby people act and react to issues in terms of reference points beyond their own society. These reference points are rnaterial and cultural issues that affect the globe, such as enviromnental issues (e.g., global warming, global pollution) or commercial issues (e.g., fast food, McDonald's, Levis; one take on this development has been to desl~ribe it as NrcDonaldization, as IvIcDonald's fast food restaurants spread thruughout the world's economies). Globalizat~on ~lso relates t~ all international universalism, whereby events happenmg ill one part 01 the world affed those in anolller; conversely, it relates to tile way people in different societies identify with values that cut across nations and cultures, yet it also relates to the recognition of the diversity of experience amung different culture::;; ''''Globalization' refers to all those prQce:;:;es by which peoples of the world are incorporated into a single world society, global society" (Albrow 1990, 9). The global society has, by implication, a global economy that relates to the increasing multinationalizal.ion of corporations, which produce on
C'sSI!/ltilll Crilllilwlo:.;y
CrimhlOlogieslnl' tlle 'l~{f.'ellty-Fi7'st Century
lhe "glubdl dsseillbly line" (Ehrenreich dnd Fuentes I~)l)-::I.}. The result is that "ecullumic guods, services, i:lnd personnel flow back and fOfth across national, hemispheric and continental boundaries" such that "economic, social, political and envirollnH:~lltal t'venls in one part Df Ule world have significant impacts in other parts ollhe \<\lorld ... beyond the dbility of anyone soddy to COltlroJ" (Soroka dnd Bryjak FJ99, 176). This has occurred sinlultaneously ill Illi:llly parts of tIle globe wdh "balkaniza_ [jon, the opposite of giobalizatiull the brv,jkup of Ildlillll·stales into ethnic entities. Many ethnic groups dre striving for ind(~IJl'lldence and sovereignty denied to them when they ,-vere incorporated into Iargef nation-stales ... [where U1eyJ had tu abide by laws dnd customs that were not of their own choosing and had to suppress theil" own languagf's and cultures. Now they are searching for identities, territories, and crilldndl justice systems of their own" (Adler, rVlueller, and Laufer 1995,365). Yet in many ways, the balkanization uf suciety js itself a part of the globalization phenomenon, \'\Thereby ethnic identitit"s and religiuus aWliations transcend both political and geographic bOllllcLuies. As Schmalleger :-;ays:
Some, such as Nikos P(]ssas (2000), have argued that the process of including the spn~?lrl of (,rlpital, labor, management, ~ews, and information (]cross tl,lt't(Jlwl borders, is itself criminogenic, since it provides motivation (]lId opportunities for corporate deviance at the same lime as it leads tu less effective control systems (Robinson 20(4).
312
On a globed SGI]e, lhere apped!'s to be J shcHed dgrecwt::'11L HldL .';'I,jety is experiencing a periud uf unprecedented change. Both the subsLHlce and lhe pace of change are fundamentally different from Whdl has (occurred in F\dst decades and centuries. No longer are sequences of evenLs uccurring in relative isolation over longer patterns of time. No longer are discrete groups of people affected bv each change; ratb:r, there is a greater sinllllti'll1eiL\' of occurrence, 5"vlfter interpenetration, and increased feedb,wk of one sel \.\f changesupoll another. (2002, 'ISO} A classic eXdrnple of the intercU1Ulcctioll and itlrlbilitv ut individual 50l:1eties to influence/control the Crillll'/llc-lt"1Tl c1"l:.'dled by glubdlization is t.he case of the worst industrial accidl'lll ill IhI.:' wurld: the toxic gas leaking 1]"0111 Union Carbide's insecticide pLlllt iii ]904 in lhe Indian tuvvn of Bhupal, killing between 4,000 and 15,UUO dnc! injuring up to 60{),lJOO {Beirne and Messerschmidt 2000, 494-495);
What is most frightening abuut Bhopal is ... the WdY peupli:' drt:' rUl.lLindy treated by corporations. .. Cancer-causing: pl:'sticides b
It;,; deVdsLaling health effects on childJ"L:II, is sulci lu 'l'hailcllld.l\;le\il.'u dJll~! III dia. This kind of corpmalt:' violence is t"l'peated in evt:'ry cnnw!" of the Ed I'll I. (Cohen 1998,3; cited in Beirne and Messersclllnidt :2000, ;tl},j,c!lJS)
,113
~lobaliz?ilion,
Tlie Globnltzattcn of Comml/ntcnttol/s Prior to 1985 global communication was largely restricted to the affluent. The advent of the personal cornputer clIld the development of tlw Interne!. (World Wiele Web) transformed the way we communicate. Now people cOImed daily wHh others all over the world at next to no cost. They exd1ange ideas, performances, propaganda, ideologies, and technical information. Using Internet search engines s1]ch as Google and Dogpile, they can draw on knowledge from any part of the globe. Clobal communications via the Internet means that people from any society anywhere can read newspapers and opinions, engage in chat morn discussions, and lClke university courses via online programs in any country. No longpr are people lilnited to what their own mainstream ideology and/or culture feeds them, which paradoxically can le(]d to expmlded knowledge and perspectives or reinforcement for any idea Of view, however strange or outrageous it may seem. This means that We are increasingly interconnected with the world in both positivE' and negative ways. Whal affects people in one part of the globe can a f.. feet us immediately in another. At Ihe same time, global commtlnical:icllls have led to (] massive shift of jobs from mantlfacturing into service, communications, and information (called the I'oslindustrial Sodety). Because information jobs require higher edllcation and tn'lining, iT1cf(~asing numbers of people are becoming underemployed or LH\employed on a global scale. The result of these changes is growing worker anxiety and job stress among those who have "not yel been 'bumped,' 'deselecled,' 'surplu5sed,' 'vocationally relocated,' 'dehired,' 'decruitec!' or otherwise done a\vay wilh" (Soroka and Bryjak 1999, 180). Work-related stress leads to increased competition, "backstabbing," isolation, delachment, and alienntion as wen as increased family and workl--dace violel1L"e. In addition, the effects of incrertsed glohEll con"lmunication howt" brollghl il rush of new crimes thnt use the computer, such as Internet fral1rl and Idenlity theft, drug sllwgglitlg ,mel hOlllb Inakins:. The I3rnwinEi dependence Oil global communications has also made nal:ionCll infrastructures and govenltllent vuI1lemble In varieties of IJ11ernet terrorism thrTHlgh hiWkill,Q; and COlli[ltltet" viruses.
314
Essf..'J1tinl Criminology
Privatization and Individualization Two trends related to globalization and global unemployment have produced a reduction in our concern for others, despite enhanced intercon_ nectedness. Vlfe have already mentioned increasing competition in the workplace, the attitude of everyone looking out for themselves. This is in contrast to the collective movement around trades and professions that culminated in unionization and collective action during the ll1iddle of the twentieth century. Increasingly we are seeing the "death of society" in the sense of the decline in collective actions and social policy requiring Some to give up part of their wealth to help the less fortunate or to increase the public good. Instead, partly because of government fiscal crises and partly because of conservative ideology, the twenty-first century has witnessed a growing privatization of government, particularly in the areas of welfare and social programs. Privatization reinforces the individualization of human actions, as well as allowing major policy decisions to be made in terms of what maximizes profit for corporate shareholders, not public or social interests. Thus the 1980s and 19905 saw Dlassive deregulation and privatization of everything, including transportation, communications, energy, welfare, and even law enforcement. Increasingly, family members tend to stay at home, not as families but as appendages to technology such as television, CODlputers, and computer games. The result is the impersonal society in which people live in isolation from oU,er real people (or "bOWling alone," as Putnam [1995] termed it), where media images and Internet game characters become interspersed with real people (others) who are seen as superficial, objectlike caricatures. The impact of globalization on the economic stnlctures of societies has been to polarize rich and poor, with numerous groups being excluded from the mainstream (Young 1999). In their relatively impoverished state they are vulnerable to harming each other increasingly, through violence in their homes and neighborhoods.
Crimi/wlogies Jar the T1PPlIty-Fil'sl
,1 1.Ii
(·f711/lry
ease," West Nile virus, and most recently SARS (sf\vere aCllte respiralory syndrome). Worse, terrorists could potentially introducE' disease such ilS smallpox or anthrax on a global scale as part of all nttack against people or governments. Like the previous developments, lhe dual effect was on the one hand to render people increasingly fearful of contact, especially intimate contact wilh strangers, lending to underrnin(' interpersonal relations, while on the other, increasingly showing how intercOIlIIE'ctP
The Clwnging NatuTe of Global Conflict
Black death or plague, smallpox and polio have demonstrated throughout human history that disease can be a global phenomenon. However, the systemic use of hygienic practices, including clean water, effective sanitation, and sewerage and the discovery and use of antibiotics and
During the twentieth century, each generation faced a significant war or warlike threat to tJleir sllrvivnl, including World War 1 and Il, the Korean War, the Vietnam War, and the Cold War. In these twentieth-century global conflicts it was possihle to clearly identify the enemy posing the threat, and to come together as nations to wage war to defeat the thre
00181' drugs ITle8nt thnt for much of the twentieth century thc slobal
alliC5 and ITlultiniltionill OfSi.tlliZ;rlUollt;; :such as NATO (1m:]
spread of disease was seen as a thing of the past, or as limited to underdeveloped countries. But by the end of the twentieth century, through the advent of increased global travel, the terror of disease on a global scale was given new meaning, first WitJl HIV / AIDS, then with "mad cow dis-
tions is changing. Consequently, the nature of war is also clll1l1ging. Tnd
Globalization of Disease t
lllp
Ullited NCl-
3}6
ES5cJltioi Cl'imil/ullJS.lI
myriad intrilstate conflicts and cross-border WafS of uI1certClin and shifting ideological foundation" (Brayloll 2002, 3(5). . Ttwre were t\vE'nty-fivE' major armed conflicts in 2000, yet only two were between lliltioll-states, occoniing to the Stockholm Inlernational Pcoce H.esearch Institute 200-1 (cited in Brayton 20(2). If nation-states are not waging war, and if major powers ore nol intervening in conflict resolution (except of course when oil is involved), how arE' these conflicts being resolved? In the poorest countries and regions, they are not. In more affhwnt areas, armies are for hire; mercf'llarif's fight for pay. Increasingly, small countries, and some large ones, are finding themselves unable to "protect the politicaL military, economic social and cultural life of their citizens" (Brayton 2002, 303). Papua Nev,' Guinea provides an illustrative example. In 1997, the Bougainvil1e Revoluliol1nry Army (BRA) seriously threatened the regimf' of Prime ~Minister Sir Julius Chan. As Cl result of this conflict the Panguan copper mine was c1osecl---·the SOllrce of 30 percent of the c(lunlry's export income. Chan hired the merccililry force Sandline International for $36 million. The Srllldline corporation recognized the economic advantages of opening and protecting this mine. Chan was able to obtain the military assistance he needed. vVhat is wrong with this practice? Some argue that "in proffering security to collapsing, mineral rich states ... IIlultlnational corporations aCCenllli'lte the international exploitation and marginoJizatioIl of lhe stales ill question" (Braylon 20(2). Increasing !lumbers of large, wdl-organized private armies have alarmed I-he United Nations, vvhich views them ilS 0 "threat to sovereign equality, political independence and territorii'll integrity." There are dozens of these huge corporate armies for hire. The "peacekeeping" role of lhese corporolions is based nn profil illlcl armed conflict. While nabUllal conflicts have become decentralized, global conflicts have become dispersed. Rather thi'ln nations facing off, terrorists are employing ti'lctics once used by anarchists (lild fringe rarliei'll groups to make war for a variely of callSPS from flJllimrlborliollists til MllSlilll extremists.
CrilllillOl()::;ies fur Ihe
'jJWC11 {y·/'t,.;;! (:Clllllry
317
luI' any ethnic or reli(tiOLiS group Idd.iJlg tile puwer to stlo.::eed puliUwar 0 .' '. t 'II' It has been facilitated by dt'velopmenb ill commulIlcatlutl, rans~y . I I port~1tioll, and technolugy that have ena_ble~ _~X.plosl~,es, aile. ot l~,~ weapOHt:i to become smaller and more lethal. Clearly tel~ofl~m lias be corne a global threat, vvhether this takes the hJ~'1ll uf ~I~ llltl:~n':0l111e:ted web of terrorism around fundamentalist N[uslllll relrgltJut:i extremIsm, sucl1 as that claimed by _ followers of OSdma bin Laden dnd ell Qaeda, or an Arab-led terrorist movement up posed to\,vcstern culture, ~r more specific actions such as U10se in Northern Ireland by IRA and splmte.r group~ against the Protestants and tIlL~ Briti~h governlllellL., or ill IndoneSIa or Ball against supporters of the West. . . .... _.. __ _ .,: .. _ , Terrorist tactics are used in a way that explull~ the sys~et1l~ 01 Ulterc.onnection spawned by globalizahon, whether transportatl0n,conun~mca lion, energy, or immigration/democracy. Theories bdsed un p~rtlcular assumptions of biology or psychology, or those based on the. SOCIO~Ogy of particular societies, are inadequate to deal with the global chmenslOns of twenty-first-century crime. . ' . How do societies reconfigure their vi~ion of CrIme .to deal WIth .Its global dimensions? Should acts uf terrorism and acts ot war be c~nsld ered crimes? What about lhe acttons uf states that abuse human nghts? Are there new crin1inologies that are able to confront these more integrated global-level forms of harm cr~ati.on? In. this chapter dnd in the C~ll~~ elusion we consider several new cnnllnoluglE'S that attempt to add[e~s crime from a widel~ more holistic perspecl.ive. Some of these---postrnodernislll, chaos, constitutive theory, and peacemaking----build on the cri.t.ical perspectives that we examined in the previous l\':() chapters, wh~le others, known more generally as integrative theory, brIng tog:ther ma.lI1stredIn and critical theories. Ld's begin with postmoderlllsm, whICh starts out as an approach that acknowledges the interconnectedness and the global transformation that \,ve have bl'('11 discllssing.
Postmodernisl11 Glo[m[ 'Trrrorislll
:nle single most feared event i'lnd, according to surveys of public opinion, lhe "crinH,1I consideredmo::;t .ca~ri(Jus is a terrorist aUack. Since September 1"1,2001, lhe occasion of the Nellv York VVorld Trrlde Center and Pentagon suicide airliner bomhings, the threat of h:>trori!':J1l on <1 global scale has become p;1rt of ~he daily [eilr of populations aroUlld the world, not least because these events arE' instCllltly communicated 10 everyone, everywhere, as Hwy happell. No longer restricted tn the tactics of
Posl-modemisIll it, more a movement than a 1I1l~ury. II is lllttch larger than crime, criminal justice, and criminology (Kraidy 2lJ02L enculilpassillg among other things art, architecture, literature,: an,c! social m~lveI1lents.lt has only recently been applied to tile st tid y 01 crUl1l2 and crlllle contru.L The cOI~cepl of postll1odernislll hi inhert'ntly dl,J5tracl, broad, am:[ nlultl~
faceted. l'ostmodern ideas mark a major hreak 110m 1l1Ose we Ilave '0 Iar examined. As one COllllllt'ntator recenlly nul€ct "postmodern,i,sm and poststructtlfi:llism are diHiLult. to buth ~I('tine d.1ll1 cOll~pre~lend, (B~hlll 1997a, 134). Thu~ it is important tu clHlslder their cuntnbutlOn tu OUl U11derstanding of crime at the ou!:.<:;eL
3/8
EsseJl!.ial ("ritnino!ogy
Wildt llilites all 1Ilebe differentditidplilles under putitmuJernisIll is tl "iJea (II lliaking spiKe for diHerent ways lIf knowing and be in l~ (I,ungbtreel 2003, 1-1). Put simply, postmudernist Uleory alerts us to the s~ l:ially constructed (alld thus somewhat arbitrary) nature of sociallules nonnb, dllli values, Further, "postrnodernism rejects th0 possibility of al~ agreed upun version of objective reality ... and it postulates instead that all accounts of reality are in fact interpretive" (ivlason 1995). A postmod_ eruist view of crime would include not only legal definitions but also the total society as a tiOliree of crime. As we saw in Chapter 2, a postmod_ enlist definition uf crime involves a much wider range of harms than a legal or even ,,1 sociological definition, in that it includes hanns created by the [{)utine practices of OUr society's institutiuns, such as work, bureau_ cracy, government, law, and family (thi::;; will be further elaborated later). Furthermore, unlike previous theories, which identify a causal force, whether at the level of individual, family, institutions, community, culture, or social strllL'lure, postmodell1ism sees the "cause" of crime in the interplay of all of these elements as expressed through prevailing ways of describing our wurld, called discourses. Finally, postmodernism agrees with the Greek philosopher Heraclitus, who observed that you can't step in the same river I wice. Things are in a state of flux and change··-we elaborate on this point li:lter when we discuss chaos theory. Postmodernism also I::' uXlsislent with Werner Heisenberg's ullcertainty principle-reality is uffected by the obst!rver, even in subatomic particles, such that what is redl and trtle is less certain, less decidable. The puliey implications (unlike those of uther tileories) do not involve changing individuals, institutions, or central features of society such as structural features. Rather, they involve changing nur whole set of socielal practices and uur mode of current discourse to replace this with other, less harmful discourses. In short, it fIis not this Or that" which is wrong with moJern industrial society but the way we approach everything. We can only fix it by changing it all, together. Let us look at tilis approadl in more detaij, remembering our caution abuut complexity. Postmodernism refers to a school of thoHght that has emerged out uf a period of intense bkepLicism with science. Scientific method and rational thought were, as will be recalled from Chapters 3-4, an outcome of the eighteenth-century Enlightenment that prevailed until the late twentieth century. Science assumes tilat rational and objective methods can be used to discover knowledge and truth, which can then be used to solve society's problem:::; Clnd cUlllnj} nature. The concept of jcienlific "progre55" Cllctfctcterized the "modern eril." Disenchantment with modernism, linked to the suffering that its hierarchies, divisions, and exclusions have brought to many (through imperialism, sexisrn, racisIli, and class oppression), together wit h its increasing inability to solve society's problems (e.g., poUu~
CriJniJwlogies fur
ale
·nuenty-First CClltllry
319
lion, poverty), has led to a questioning of its villues, particularly the value of scientific analysis and rational thought (I-runt 1991; Best and Kellner 1991; Borgmarm1992) as well as the source of that k.11.ovvledge. Many modern problems have been exacerbated by science and technology, for example, the threat of nuclear devastation, germ w.arfare, pollution, ozone depletion, and the Holocaust. The creators of thiS technology have also been subject to examination: "comnlunities that were custodians of that 1a10wledge were called into question as well. A shift away from the dominance of scientific knowledge, largely controlled by military, industrial, and governmental cOInmunities, occurred in favor of a plurality of different communities. Many of these commur~ities were avowedly unscientific and subjective. Indeed, Uley frequently mterpreted the claims to objectivity and the universality of science as a subterfuge giving power to a military, industrial, and institutional complex that was anything but objective" (Longstreet 2003). Postmodernists see rational thought as a form of elite power through which U10se who claim to have special knowledge earn the right to decide the fate of those who do not share Ulis knOWledge, Postmodernists fundamentally disagree that there is such a tiling as objective truth. [nstt!ad, all knowledge is subjective, shaped by personal, cultural, and political views. Whereas feminism's standpoint epistemology believed that many oppressed versions of truth are valid, postmodernists argue instead that all knowledge is made up simply of "claims to truth" (Foucault 1977, 1980). They believe that knowledge and truU1 are "socially constructed," This means that there is no independent reality olltsid(~ tIle minds and practices of those who credle dnd re-create it. Knowledg0 is drtificial, an outcome of humans making distinctions and judging one part of any distinction as superior to another, one set of ideas as superinr 10 another, and so on. These distinctions are conceptual and are made tllnlugh communication, particularly but not exclusively written or spoken language, referred to by postmodernists as discourse (MalUUng "l98H; Arrigo 2003). One of the major causes of conflict and harm in societies, aCl.'urding to postmodernists, results from people investing energy in these "discursive distinctions," believing in their reality and defending them and imposing them on others. Distinctions made in discourse result in categories that exclude and marginalize. For example, the gender distinctions "men" and "women" exclude the differences within these categories and preclude connections between then1; so too with "black," "brown," "tan," and "white·' d15tinctiunv babel! on Hn::e that CXdULh: Qlb_crt>. At> rC.'t.ull/ f0:o>tmodernists point to the centrality of language in shaping social reality (Arrigo 2003). Postmodernists reject the beH-evident reality of distinctions. 'riley reject the idea that distinctions should be made between different kinds of .:l
Essential Crimillology
Criminologies for the Twenty-First Century
knowledge, especially between "scientific knowledge" and "commo _ sense knowledge." One of their principal tools of analysis is to expose Un soft, sociall~.constru~te~ "~elly" of privileg~d knowledge through Wh:~ they call cntIque. ThIs IS dIfferent from critIcism, which involves ar U _ ments against a particular position and policy suggestions to arrive solution. Critique is a continuous process of challenge to those who clain~ to know or hold the truth; it uses deconstruction (Derrida 1970, 1981) to expose the SOCIally constructed rather than real nature of truth claim Postmoder~ists adhere, to, all"lI aura of unmaking the old-decenterin~~ deconstructmg, demystifymg (Longstreet 2003). Deconstruction is a method of analysis that seeks tu /fundo" construc_ tions and demolish them, in a way that exposes how they are built and why they appear to be real (Rosenau 1992; Cohen 1990). As T. R. Young explained, "Wh~reas rn~dern sci~nce privileges objectivity, rationality, power, control, mequahty and hIerarchy, postmodernists deconstruct each theory and ead1 social practice by locating it in ils larger socia-historical context in order to reveal the human hand and the group interests which shape the course of self-understanding" (1995, 578~579). Arrigo says that deconstruction or trashing" of a text (or a discuurse whether it is written or spoken) involves a careful critical reading designed "to unveil the implicit assumptions and hidden values ... embedded within a particular narrative" (2003, LI8).
sake of brevity, it is helpful to distinguish two broad types of postmodernist thought: skeptical and affirmative (Rosenau 1992; Einstadter and Henry 1995). Skeptical postmodernism refers to the work of those who believe there is no basis for objectivity and no way truth either exists or can be discoverecl. They use deconstruction simply to undermine all claims to truth, revealing their underlying assumptions and disrupting their acceptance as fact. In some cases, skeptical postmodemists imply an extreme relativism that has no standards and accepts anything as valid. They do not believe in suggesting alternatives because they would themselves then be making tnlth claims and be subjed to H1eir own criticism (hence skeptics are also called nihilists). Affirmative postmodernism, in contrast, refers to those who believe deconstnlction also implies reconstnlction, or rebuilding: "Exposing how an edifice is built, and how it stands, in spite of opposition, also implies how it can be rebuilt or built differently" (Einstadter and Hemy 1995, 280-281). In deconstruction, affirmative postmodernists show how humans actively bllild their social world, rather than being passive subjects of external forces. They also show how people could invest their energies to build new sodal worlds. To understand the relevance of postmoclemism to criminology, we shall briefly illustrate how postmodemism has been applied in criminology through Henry and Milovanovic's (1996) affirrn<11ive version l"Tlown as constitutive criminology.
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If
Deconstruction shows us how certain truth claims are priVileged within a given story while certain others are disguised or dismissed altogether. Because dec~nstructionfocuses on the actual words people use to convey their thoughts, 1t attemp ts to uncover the unconscious intent behind the grammar people employ when writing or speaking. Thus language or entire systems of communication are put under the microscope for closer inspection. In a sense, then, trashing a text entails reading between the lines to ascertain the meanings (ideology) given preferred status in a particular language system.
(Arrigo 2003, 48) Part of the postmodern critiy'ue involves the "resurrection of subjtlg:lted know ledges," the excluded, neglected, and rnarginallulOwledges dlscountecl by dominant social constIuctions, It involves including other voices: "The postmodern challenge invites us to embrace articulatecl differences, making them part of the social fabric of ongoing civic interaction ... of evolving possibilities" (Arrigo 2003, 49).
Commentators have argued that tl1ere are numerous versions of postmodermsm (Schwartz and Friedrichs 1994). For example, Peter McLaren (1.9.94) offers resistance postmodernism, in which difference is the "recogmtlOn that 1u10wledges are forged in histories that are riven with differen~ tially constituted relations of power" (cited in Kraidy 2002, 15). For the
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COllstitutive Criminology According to its founders, "Constitutive Criminology is a broad sweeping, wide-ranging holistic perspective on crime, criminals and criminal justice ... whose objective is to help build a less harmful society" (Henry and 1v1i1ovanovic 2003, 57), The core of the constitutive argument is that crime and its control cannot be separated from the totality of the structUff'll and cultural contexts in which it is produced (Henry and Ivlilovanovic 1994, 1996, 1999, 2003). It rejects the argument of traditional criminology that crime can be separated from U1at process and analyzed and corrected <1part from it. Crime is an integral part of the total production of society, and insofar as societies are interconnected through globalization processes, crime is a global production, It is a coproduced outcome of humans and the social and organizational stnlctures that people devetoF i:.Il1d cTldlessly (re)build. Therefol"C, crilninolosical analysis of
crime must relate crime to the total social and ultimately global picture, rather than to any single part of it. This is not an easy task To l'1ccomplish their project, constitutive theorists start by redefining crime, victims, and criminals (Milovcmovic and Henry 2001; Henry and
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Lilnier 2(01). They argue that uneql1rd power relations; built on the Constructions of difference, provide the cOllditiOJ IS that define crime as harm. Thus constitutive criminology redefines crime as the harm resulting from humans investing energy in harm-producing relations of power. Humans suffering such "crimes" are in relations of inequality. Crimes are people being disrespected. People are disrespected in several ways; but all have 10 do with denying or preventing our becoming fully social beings (and in this the theory is similar to Marx's ll.ssumptions about human nature). What is human is to make a difference to the world, to act on it; to interact with others, and together to transform environment and ourselves. If this process is prevented, we become less than human; we are harmed. This is similar to the difference in the well-being of caged animals (e.g., rabbits) if allowed the freedom to engage their world and be stimulated by it <mel by their interll.ctlon with other animals. Thus Henry and rvIilovanovic define crime as "the power to deny others their ability to make a difference" (1996, 116). Constitutive criminologists find it helpful to identify crime in relation to power differentials and hierarchical relations. They distinguish between "crimes of reduction" and "crimes of repression." Harms of reduction occur when offended parties experience a loss of some quality relative to their present standing. They could have property stolen from them, but they could also have dignity stripped from them, as in hate crimes. Harms of repression occur when people experience a limit, or restriction, preventing them from achieving a desired position or standing. They could be prevented from achieVing a career goal because of sexism or racism or meet a promotional "glass ceiling." Considered along a continuum of deprivation; harms of reduction or repression may be based on any number of constructed differences. At present, in Western industrial societies harms cluster around the follOWing constructed differences: economic (class; property), gender (sexism), race and ethnicity (racism, hate), political (power, corrup li on), morality, ethics ("avowal of desire"), human rights, social position (status/prestige, inequality), psychological state (security, well being), self-realization/actualization; biological integrity; ("physically illiured"), and others (MiJovanovic and Henry 2001). Whatever the cOIlslnlction; actions are harms either because they move the offended away from a position or state they currently occupy or because they prevent them from occupying a position or state that they desire, whose achievement does not deny / deprive another. Constitutive criminology 'also hag <1 different definition of criminals FInd victims. The offender is viewed as an l'excessive investor" in the power to dominate others. Such "investors" put energy into creating and magnifying differences between themselves and others, in order to gain some advantagE' over others (again the dimensions of what qualities are
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Essf'1Jtial Criminology
differentiated range from physical appearance to race, ethnicity, abili~y, wealth, beauty, intelligence, morality, etc.). This inves~.~t of energy dISadvantages, disables, and destroys the human potentwhtIes of others. The victim is viewed as a "recovering subject," still with untapped human potential but with a damaged faith in humanity. Victims are more entrenched, more disabled, and suffer loss. Victi.ms "suffer the pain of being denied their own humanity, the power to make a difference. The victim of crime is thus rendered a non-person, a non-human, or less complete being" (Henry and Milovanovic 1996, 116).This reconception of crime offender, and victim locates criminality not In the person, structure ~r culture but in the ongoing creation of social identities through disc~urse and discursive distinctions that are reinforced by social actions and institutions. Not surprisingly, the constitutive analysis leads to a different notion of crime causation. To the constitutive theorist, crime is not so much caused as discursively constructed through human processes. Put sim~ly, crhne is tile coproduced outcome not only of individuals and tileir ~nvlYonment bu t of human agents and the wider, increasingly global SOCIety through its excessive even obsessive investment in crime through crime shows, crime dram;, crime documentaries, crime news, crime books, crime films, crime precautions, criminal justice agencies, crim~r:allawyers,.and, yes, even criminologists. All, as Marx noted, are paraSItic on the c:lme pro,blel1l, but as constitutive criminology suggests, they also contnbute to Its ongoing social and cultural production. They are the sustenance on which individual offenders feed and thrive. If conventionally understood linear causality is rejected, what takes its place to explain how crime happens? Constitutive theorists, due to their observations about the "indeterminacy of causal relations," look to chaos theory to help reveal alternative ways of knowing. Chaos theory (also kno\~n a5 "nonlinear dymunics") argues that "orderly disorder governs the behavior of all natural systems." While exhibiting patterned regularity, they are simultaneously random and u~lpredietab~e Arrigo 2003, ,50; Henry and Milovanovic 1996; Milovanovlc 1997; WJ1hams and Arngo 2001). Constitutive theorists argue that the compleXIty of ~oClal relatI~ns needs an explanation framed in termS of dialectical causalIty, such ,a~ terrelationships or coproduction rather than the "linear and deternull1stlc concept of single or multiple causality" (Henry and TvIilovanovic 2003,
5
u:-
65). Indeed, these processes comprise relationships that are not deterministic but dialeeti~ cal, a dialectic thal assumes nonlinear development and a movement, through human agency, toward instability of soc~al fo.nl~s .. :. Whether a particular situation or interrelationship will result In cnmlnahly cannot be determined with any precision since lhe dynamics of human relations are
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C'rhlliliolugy
indt'termilldtt:', can be altered by seemingly srildll events, and .:lrt' part (If d
historically situdted, ongoing process that is aJ.',;(J indetermindte_ (Colvin 1997,1449)
Given this interrelated yet indetenllinate natllre of sudal ::;lructures and humans, the CJuestion remains as to huw these affirmative postrnodernisls recommend reducing harms thaI are crime. COJLstitutive criminology calls for a justice policy of n~pla('eme1l1 discourse "directed toward the dual process of deconsLwcting prevailing strudure::; of meaning and displacing them 'with new conceptions, distindiulls, wllrd~ ;Jnd phrases, which convey alternative meanings.... Replacement disl"\ 'lirse, then, is not simply critical and oppositional, but provides both a tritique and all alternative vision" (Henry and Ivtilovanovic 1996, 20'::l:--2{)5). In terms of diminishing the harm experienced frulll all types of crime (::-.treet, corporate, state, hate, etc.), constitutive crillJinology talks oj "liberating" discourses that seek transformation 01 both the prevailing political economies and the associate::d practices of crime and social u:mtrol. Replacement discourse (an be irnplemented through attempts by con~ :-itilutive criminologisb tl.l reconstruct popular images of crime in lhe ruass media through engaging in newsmaking criminology (Barak 1988, 199Ll). 1L can also be induced through lldlTalive therClpy (Parry dnd DOeill 1994). Developed as part of family therapy, narrative tllerdpy- enables uf~ fenders (excessive investors in power) 10 construct more liberating life narratives and reconstitute tbt!Il1selves through thew. As we shall see later, another form of replacement discourse comes in the form of peacemaking approaches 10 conflict. Although narrative therapy dnd abolition1sln developed independently fr0111 postmodernisrn, they resunale.
Edgel/lork. Sf.Julies "Edge\vork" is the term c!.lined by Sleven Lyng (1990) to desLTibe and explain the high~risk behaviur of thU:-;l;' who engdge iii Cl varit:'ty of deviant activities such as skydiving, base-jurnping, hang-gliding, surlboarding, downhill skiing, ond other extreme sports. He is particularly interested in how and why these edgeworkers invoke a high degree of control dllli skill to avoid extreme danger, possibly death, i;l mder to redp the '·pledsures of sensation and emot:ion" ni the body. vVe senv in Chapters '::I: and 5 that: biological and psychologic,:l1 explanations for such behaviors describe thl:'111 ~s "SE:llsatiun seekill/S." The central i~Sl!e is \-vhat motivates people to pursue dJilgew!ls and riskv behaviors? Edgework thl:'or15t"5 reject biops)-:chological arguIlH:.>l1lS dltd rational dlOice e:-.planations. Instead they develop a nOIUltatl:'ricd (>:-.pldlldtiun for deviant motivation as an end in itself, as J place of freeeJulll from con-
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structeclllmit-s and borders, in which humans experience their own humanity enjo}'l:-.d near "the invitational edge" that most control systems prevent humans from approaching (Matza 1969). Katz (1988) explored the phenomenology of subjective experience and emotions in his book SeductiOl/s 0/ Crirne. He focused on the idea that a significant dimension oJ the person's experience was emotional excitement, the adrenaliJ1 rushes, the sensual, the visceral experienced through the body. Katz explained the illlraction to crime, from "sneaky thrills" to murder as an attempt to overcome wilell is perceived as an intolerable moral challenge/dilelTllllil, lypically a humiliation, in order to a reestablish a Sl"115e of hllmrlnisnl and self-respect. Paradoxically, murder becomes seen as "righteolls slaughter" '-'IS a subject attempts to reassert control over hjs or her own IllClral di lemma lhrough "moral transcendem'e, <, The subjecl regains their humanity though the sense of righteousness provided by rage fhat justifies the act, only to lose controllo tlle consequences of llll' ,let as he crosses the edge. Yel it is approaching the edgt" that altracts. The edge is the borderline of order and djsorcler. Here the body experiences the "rush," Hie sensation of intense bodily pleasures: "It is the play of being in and out of control at the edge that provides the moments for the expression of bodily desires" (TvIilovanovic 2003, 8). The edge may be a moment in lilllP, an even!., but it is experienced as more real than everyday reality. ExpC'riencing a Cilr wreck, fight.ing a house fire, high-speed lane splitting on a motorcycle, ,lIlll olher such f'VE'nts provide em example of this sensation. Lyng (1990) suggested lhallhe stnletural contexl' for such a search for meaning is the meaninglessness of the mundane, routine, alienCltedlife of capitansm, allhough this was not consistent in the research (Ferrell, Nli]o vanovic, fmel Lyng 20(1). O'Malley and Mugford (1994) related thesp ideas to the structural context of late capitalist society, seeing a "phenomenology of pleasure" roo led in the nineteenth-cenhHy Romantic period in history (evenlLwHy replaced by the IrJ
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(Ferrell, Milovanovic, and Lyng 2001; Milovanovic 2003) developed these ideas into a postmodernist informed study of desire that situates sensation seeking in the context of meaning construction, framed by wider cultural production, information technology, and mass media. The attempt by some postmodernist and constitutive theorists to locate the motivation for crime and deviance between the human desire for pleasure framed in a historical and cultural period illustrates again how this perspective seeks to show the connectedness of people to each other that transcends the simple rec1udionist accounts of earlier theories. Before we examine other approaches that work from within this interconnectedness perspective, we will review some of the many criticisms of postmodernist/constitutive criminology.
The Limits of Pustmodemist Criminologtj Postmodernism has been sharply criticized by mainstream criminologists and even critici11 criminologists (Schwartz and Friedrichs 1994). It is criticized for being (1) difficult to understanct not least because of its complex language (Schwartz 1991); (2) nihilistic and relativistic, having no standards to judge anything as good or bact thus fostering an "ideology of dispair" (Melichar 1988, 366; Hunt 1990; Cohen 1990, 1993; Handler ]992); and (3) impractical and even dangerous to disempowered groups (Currie 1992; Jackson 1992). In one specific example of hmv the disempowered may need more than a change in the discourse to protect their interests, .wIiller found over fifty local organizations in Seattle opposed the federally funded Weed and Seed operation, since it had the potential to further empower police to target and harass minorities while also deflecting "attention from underlying economic issues" (1992, 177). At the same time Weed and Seed illustrates the way official agencies can replace the discourse of, say, "rehabilitation" with the more punitive concept of Weed and Seed (see Kappeler and Kraska 1999 on how this was also done with the concept of "community policing"). The criticism that disempowered groups are not helped in postmodernist thinking has been made by socialist feminists and radical feminists. For example, Jackson (1992) and Lovibond (1989) argue that deconstnlcting gender categories may result in women being denied a position from which to speak, allOWing men to continue to dommate through their control. Yet postmodernist feminists "insist that the challenge ,-,vomen confront is to constn.lct Cl contingent method of communicating feminine ways of knowing freed from the trappings of masculine logic, sensibility and discourse" (Anigo 2003, 52). Constitutive criminology offers a solution to these problems, but its ideas have not: yet with~ stood the test of critical assessment: and practical application.
('rilllilloll lsie8Io( 1111' 'I7I1fllfy,,·Firsl
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Finally, POsl1l1oclernism has not been well understood or received hy practitioners working in criminal justice. It has most often been applied 10 correctional issues, where it refers to the discursive l.r;:msformation of U·le penal process away from rehabilitation and toward a "new penology," designed to control lhe "risk society" through the use of actuarial lechniqlles to target offenders as social types whn represent different amounts of risk (Simon 1993; Feeley end Simon 1998; Garland ]996; Lucken 1998). Yet even in the correctioTls arena, "'postmodern penal lrencls rerlJain sub-· ordinate to modern penallrends that: are stiIl in place" (Hallsworth 2002, 14.5). It is less often mentioned with regnrd to law enforcement (but see Kappeler and Kraska 1999). Lisa MilleI' (2001) did provide an excellent yet Simple (simplicity is greatly needed in this aren of studyl) example of the critical power of postmoclenlisl criminology jn her analysis of the Seattle Weed and Seed progrclIll, which denls with crime, politics, law enforcement, and neighbors. Perhaps the greatest nrfinily of postrnodern rille! cOllstitulive theory is with the theorists who have developed an approach thal not only recognizes the general interconnection of people but seeks to redesign the crimlna] justice system to address this, This field comprises three felated humanitarian ideas: abolitionism, peacemaking, and restorative justice. In each case the idea is to develop a responsf' to crime Ihi'll brings offenders and victims together in a peaceful, comrnunHy~oriPllledcontext 10 resolve the conflict and mltignte the harm caused by their crillles.
Making Peace, Not War The theories considered in this section, like those of poshnndernism <'mel constitutive theory, take a holistic approach to the problems of crime, connecting crime, offenders, victims, the community, and the wider stnlCtural issues of societies in their global contexts. They include: 1) peacemaking, which advocates nonviolent approaches 10 resnlving tlw conflict of crime; 2) restorative justice, which ?lclvocatf'.s llc10pting prflc~ tiCf'S that integratf:' offenders with victims and thf'ir cOlllfmmity; and 3) left realism, which sees crime and its victims C01l1lPcled to the crimimil justicE' system and the structures of inequality in societ)'. There are severi11 common threads linking the I·henries covered here. First, each views the vietim(s) as an integral part (If the process of crime production and control. Crime is no longer ?In individuillized event with an ei1sily idenlifiE'cl victim.. Barak (2nOft xvi) h"s idenlificd crimc,;; of: domination, conlroL accommodation, interpersonal violence, resistance/rebellion, and crimes of survival. Each has il differenf type of victim. Some are raped. Others are l1ed allowed eqllal p;trticiplllloll in work, hnl11e, or society. ypi others arp denied <1 healthy Iiff'. f'vlnl1y are flol
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aware they are victims. Crim\?, by rillY dpfinition, hClS a victim or victims (exchJdillg crimes \ivithotlt victims). /\s we nrgued in Chapter 2, uncleI' cOI1t:empo;·ary Americ(lll crirnill,ll justin" practice the victim is often left out of the enforcement, judicial, and punishment processes (except to file a report or leslify). Each of these theories explicitly addresses that omission. Second, crime is a larger problem than the criminal justice system alone can address. Crime, like industry and disease, is now worldvvicle and part of globalization. In fact, opporltl1lities for crime are increasing dne to globalization. Barak found, "as p8rt of lhe process of globalizatioll, both ft'aitimate and illegitimate fields of 'crirnimtl enterprise' hilve been freed'"' . up for the greater e,'ploitation of htllllankind" (Barak, 2000, xvii). "Traditional" criminological theorjes ;lrE' ill equipped to address these modern changes. Peacem~king, restorcltive justice, and left reillism are able to provide solutions to t1HC' emergillg problems associated with globalization because they recognize its wider complexity and the interconnectedness of people globally. Third, the basic premises drawn on existing conceptualizations. For example, peacemaking grew flU t of the long-existing religious and philosophical traditions as \-ve11 as the justice practices of indigenous pllpulations, SllClJ as Native Americans. In the 1970s, victims' advocates and abolitionists proposed sinlilar models (see Chapter 111). Similarly, restorative justiCE' is bused on the Ci1r1y ilrguments of victim01ogists, Aboriginal people's justice, and rvlennonil(' traditions. In criminal justice il appeared under calls for restitution and reparation. Finally, leIt realism draws on similar rrinciplt's as 1930s strllin theory, hut franlPs this in a glohal context. Peace1l111killg ('rirnhlology
Vv'e began this chapler mentioning the problems facing the continent of AfriCil. Ironically and fittingly, a model of il solution came from Africa itself in the form of Nelson Nlandela. Jesus Christ, Mahatma Gandhi, Jvlartin Luther King Jr., and tVlandela were all l"f'sponsible for significant social change through the applicillion of what has come to be called "peacemaking." They [,Kilitatecl this social l'ltange wilhout the use of an ('lrmy or organized police presence--indeed they oft-en achieved their objectives despite hnv enforcement efforts. Clearly peacemaking is nothing IH"\V. Pe8cemilking, ilS articll]ilh"d in HlP k'<:lcllings of Buddhism, Chris-
ti;:mity, Juc1",isrn, [Sl,Ull, TilOisll1, (Inc! Native American religions, is thousands of years old, Yel fhew ;lj"f' intpresling parallels with the ide<1s of pnshllndernism,
CrilllilwlugiesFl1" till; '/¥pl:lll_!l- Fir:jt eelltllry
329
Scjence dnd the agL: ot enhghtellll\ent gener,-tlly relegated religion to a ::;econdary slatus as a means uf creating knowledge. Empiri~ism became the new god, with objectivity, determinism, and causalIty the new mantras, Postmodernism questioned Uiis and opened the door for a reconsideration, if not reconceptualization, of ancient IlleallS of dispute r~'s olution. According to Mason, "postll1odernism is a useful tool tor expanding our conceptualization and application of peace studies, 1~1 particular, as i:'l system of ideas that stresses the unavoidable ethllOcentnc ~lld nonnative character of Western assumptions about conflict resolutIon, postmodernism uffers us a means to adjust- plan~ing and expe~tations to different societal conditions" (1995), IVlason conSIders the connlct resolution measures used by several cultural groups to provide some insight. Contrasting the United SLates \-\lith Japan, for example, reveals that ~mer icans value individuality over age and even status. Americans are hIghly verbal, precise, and Jjbgiulls while the Japanese foc~s on expression an~ body language. The Hawaiian model of peacemak~ng focuse~ on a re~I gious context, conciliatioJl, and achieVing har11lonY;,rn rural ~hll1a the v_l1lage as a whole resolves conflic.t (Tvlason 1995) .. ~atJve.Alnenc~n~ rely t~n resturative justice grounded III cultural belJefs (vVrnfree 2ll~ ... J, Each method is culturally specific, yet, if adaptation is possible a~1d If th~ human state is malleable, then eclch offers lessons for peacemakmg. Yet If we are seriuus about respecting diversity, we may have to tolerate lhat which may offend our cultural or rt:ligiolls semiitivities. This would l~e d small price to pay for peace-much cheaper than the wars we wage. Call peacemaking replace the war on crime? _ _ . .. . Based on a spiritual humanistic critique ()[ Western CIVIlIzatIOlls, tile peacemaking crimillologist:::; Hal Pepinsky dlld ~{icha~d Quinney wan,Lto replace making war on crime with the idea ut lllaklI1!? peace 1.1I1 cnme (Pepinsky and QuilUley 1991). Like crimes, l~enal S31:ctlUIlS are llltended harmb and, 35 Harris noted, we "need to reject tJ1e Idea that those who cause injury or harm to others should suffer severance of the cO,mmon bonds of respect and concern that bind members of i:l communIty. We should relinquish the notion that it is acceptable to try to 'get r~d of' another person, whether through execution, banishment, Ol~ cagll:g .away people about whom we do not care" (1991: 93). Fe.dcemakmg cnm~nolo gists aroue that instead of escalating the VIolence III ourah'eddy VIOlent ~uciety °by responding to violencE' and confliL,t ~"'ith state .violence and conl1ict in Lhe form of penal sanctions such as death and prtSull, we need to l!e-e,calale violellce by re5pullding lO It tllruugn Ivn1l5 01 CVllcllwlllJII, mediation, and djspule settlement: "The only path to peace is peace Itself. Punishment merely adds heat. ... Rehd from violence requires people to indulge in democracy, in making musi(' together" (Pepinsky 1991b,
b::it!/Ifilll CrilJlirwlus,y
Crimilwlogies for the Twenty-First Celltllry
IU~ j Ill). By delilundcy, l\~pinsky rneans Cl genuine parlicipalion by all in life det:lsions tIldt is unly achievable in a decentralized, nunhierarchical stlcial structure. Bracewell (19\>U) articulates the central themes of peacemaking as (1) nlnllected!H~ss to eac!1 uther and tu our environment and the need for reconciliation; (2) caring for each uther in a nurturing way as a primary objedive in corrections; and (3) mindfulness, meaning the cultivation of inner peiKe. To promote such a vision of justice, according to Quinney (1991), it is necet:isary to recognize connectednet:is, or "oneness," with other being::> in the world, the inseparable connection between our personal sufferil\):!; dnd tht! suffering in the world. To change the world, we ITlusl first ch<:l1lgl' ourselves. This means not retaliating against others \vhen \ve are hurt by them and not classifying olhers in ways that deny tbetll freedom. In,spireJ by the wurk ot [Jepillsky and QUili[H~y, John Fuller (1998, 1()03) contrast::; th~ peacemaking perspective willi the war on crime perspective. rIe show~ hovv "peacenlaking criminology is part of a larger intellectual enterprise thal spanned tbe range frum interpersonal issues to global concerns, thus demonstrating the interconnectedness of criminal justice to larger areas of social justice" (Fuller 2.003, 86). In Criminal Justice: A PeacclJUlkillS Perspective Fuller (1998) outHnes six components: (1) Advocating nonvi{)lellce in criminal justice responses, particularly opposing Ih~ premeditated violence of the death penalty. (2) Social justice issues, ::iuch as sexisIlJ, racism, and inequality, need to be incorporated dnd currected in criminal justice responses. (3) Inclusion means that ev~ry stakehulder <.dfeded by and connected with a crime, such as victill1, fallliJie::-. ut vic!illl and oitencler, neighbors, and so on, need to be involved ill it::; solutiun, instead of restricting criminal justice to the offender alld the slille. (4) Correcll1leans involving the offenders in the sdtlenlent uf tlleir t:il::-.es, rather than havillg it imposed, and removing IIIed1dllislllS of ellhll\.'emL!nt, such as racial profiling, that contribute to further crimes rat.ller than thuse tllat reduce tensions. CS) Ascertainable criteria means tbell victirns, offenders, and communjty members fully understand the crimina! justice process that they pi.1rticipatl.:! ill, restricting the use of legalese and technical jargon. (6) Categorical imperative lucans lhat all participants in the criminal justice system should be treated with respect and dignity. Fuller argues:
conditions of society that foster crime and to addresslhe pwblents of the individual offender. Additionally the pedcemaking perspective seeks to understand and respond to the concerns of the victims. (Fuller 2003, 88)
3.3U
A:; ul-,posed tu the vV<.lr un crime perspective, the peacemaking perspective Ild::-. tile pntentL-l1 In pnwidlJ J3sting soht~joll$ to the prublems that Ieild inJividuaJs tu cUlnmit viu!atiolls of law. The ,",var on crime perspective, with its e01phasi,s on punbhment and retributiol! ensures that offenders will strive only to cummit t!leir crimes in a more efficient Jl\i-lnner so as not to get caught. The pedVl'Jlldking perspective on the other hand, seeks to dddress the
331
Tile Lilllils of Peacemakil1g Crilltil1010gy Not surprisingly, these ideas have met with con:;iderable criticism frolll conunentators who point out that "being nice" is not enough to stop others from conunitting harm, that peacemaking is unrealistic, iJnd that it can extend the power of the state, thus widening the net of social control (Cohen 1985). Others have suggested that its value lies in sensitizing us to alternatives to accepting violence (DeKeseredy and Schwartz 1996), One of the most extensive criticisms of peacemaking is offered by Akers (2000), who claims that the perspective is not open to empirical scrutiny, is contradictory to Marxist and feminist ideas that claim to inform it, offers nothing new that has not been offered by traditional mainstream criminology, and does not offer a solution to address wider structural causes of violence. Advocates such as Fuller (2003) accept that the theory needs to be developed to be testable and agrees that alUlough peacemaking policies "such as non-punitive treatment of offenders, mediation, restitution, offender reintegration, rehabilitation, and so on have been advocated by traditional criminology, unfortunately, with the war on crime mentality that dominates the criminal justice system t.oday, th~se policies have fallen into disuse.... The peacemaking perspective pruvides a coherent web to weave together all of these progressive policies" (2003, 94). Constitutive crinlinologisls have developed a way of peacemaking that avoids some of the more obvious pitfalls. It is called social judo: "Judo llleans 'gentle way' and is based on the seeming paradox thatlhe best defense is non-fighting and that one gains victory over an opponent by yielding-gentle turns away the sturdy opponent. It is a Inethod whereby the energy of the violent is redirected against the opponent to diffuse the violence" (Einsladter and Henry 1995, 315; Henry and Milovanovk 1996). As Buhlll (1997, 16) says, "the judo metaphor is apt here because, on the one hand ... using power to reduce the power of others only replaces one excessive investor with another. On the other hand, whel\ using judo as a means of self-defence, the power of the aggressor is turned back against the aggressor." Although thismodelllJight release us from the punitive tr8p, 3S yet it remains underdeveloped, purtklllurly t:lb to how in practice energy invested by uffenders can be turned back on them in peaceful ways. Gregg Barak suggests explicit ways of achieving peace (2003). In American society, for example, the Inedia plays a huge role in influencing per-
332
Criminologif'sfnr tJ1f' 770f'Ilt'y-First
EsselJtilll Cl'illlillUlogy
ceptions. Unfortunately, rather than a. positive force forIJedce . . • , UlgdllJZd_ tlOnally and managenally, mass medIa overemphasizes interl)er'-' _ IVIO_ ' . . _. ,-,una lence ... whde It Ign.o.res or downplays institutional and st t ." ,," '? _ . • ~ ruc ural vIOlence. (Barak -,-003, 11). .He contInues to make a- strong ~ - case for co n fl' - let reso I ut10n and peacemakmg based on mutuality, human rights d " nee db . , ,an a - ase'd'JustIce.' . ,averall., peacemakingappr~a.ches have one common theme [hat is COn_ sI~tent :VIth several of the crItlcal approaches that we have examined' COlUlectlOns and the socia.l nature of humans and the world we construct: All agree that the analytIcal approaches that separate individuals t' rom · . I tI11211' SOCIa context leave out much of what is important. The restor t' .. hI a lVe JustIce approac las been most developed in this regard. I, - .
.
Restorative Justice Res~orayvejl:sti~e has its ro~ts in several different approaches, inclUding restItutIOn plactIces of the fIrst-century Anglo-Saxons, Native America ~nd Aboriginal justice, MelUl0nite activism, victim movements, ab01ition~ 1st and peacemaking criminology, and Braithwaite's ideas about reintegrative shaming (Sarre 2003). The term "restorative justice" was coined by psychologist Albert Eglash in writing about reparation (Eglash 1977, 95; Sarre 2003, 100~101), Like peacemaking, restorative justice is Concerned with rebuild.ing relationship.s after an offense, rather than driVing a wedge between o1fenders and theIr communities, vvhich is the hallmark ~f ,m?dern criminal justice systems (Sarre 2003). Restorative justice is a vIctIm-centered response to crime that allows the victim, the offender their families, and representatives of the community to address the harn~ caused by the crime" (Umbreil 2001). It focuses on "repairing the harm caused by the crime" (Daly 20UO) and, like restitution, "seeks to restore losses suffered by crime victims and facilitate peace" (Coward- Yaskiw 2002). Rather than impose decisions about winners and losers through an adversarial system, "restorative justice seeks a facilitate dialog between all agents affected by the crime, .. including the victim, offender, their supporters, and the community at large" (Brennan 2003,6). It involves "a process whereby all parties with a slake in a particular offence come together to resolve collectively how to deal with the aftermath of the offence and its implications for the future" (Marshall 2002, ll). In the process of coming togetheI~ Vic~ims speak of how ~he crime affected them; uffenders may be able lu explaIn ~vhy they commItted the offense, and community members can offer
n~rral1ves
on how l!le community may have been changed because of the
CrIme. Su~P?rters at, both the victim and offender may offer their stories as welL By gIvmg a VOICe to all parLies involved it may help the victim under-
eel/hlTV
333
5tand why the offense was committed (perhaps the offender had a substance ilbllse problem and needed money for drugs) and find the compassion to ior~ give and finclITP8Imt'llt. (Brennan 2003,7) According to one of the founders of this approach, "restorative justice is about healing rather than hurting, moral learning, community participation and community caring, respectful dialogue, forgiveness, responsibility, apology, and making amends." Moreover, it "mostly works well in grrtnting justice, closure, restoration of dignity, transcendence of shame, and healing for vidim" (Braithwaite 2002, 11, 69). The approach is well summarized by Sarrf': ;\ restorative system of criminal justice endeavors to listen to, and appease, aggrieved parties to conflict and to restore, as far as possible, right relation~ ships between antagonists. In restorative models crime is defined as a violation of one person by another, the focus is on problem solving, dialogue and restitution (where possible), mutuality, the repair of social injury and the possibilities of repentance and forgiveness." (2003, 98) In practice, restorative justice includes a whole host of forums that include family conferencing for juveniles (Braithwaite and Mugford 1994; Strang 2000), family violence court, victim-offender mediation conferences and programs (YOM, VORP), family group counseling, sentencing circles, healing circles, and "other practices such as 'reparation boards' in Vermont, services 10 crime victims, meetings between imprisoned offenderS and victims (or their family members)" (Daly 2000). Unlike conventiunal criminal justice that focuses on the offense to the state by individuals but does nothing to deal with the consequences of the harm to the victims and the community, restorative justice builds community trust and adds to a community's "social capital," thereby prOViding protection against future crimes (Coleman 1988). "Restorative justice builds on social capital because it decentralizes the offense from merely the act of I1n offender breaking the law, to a breadl in a community's trust in its members. This in turn allows the community along \vith the offender and victim to collectively look for a resoI-ution" (Brennan 2003, R). Many religious groups have long advocated for this type of solution.
The Limits of RestoraUl.lf ]l1stice Sarre (2003, 101-102) identifies several criticisms that have been leveled at restorative justice that he says explain a reluctance to adopt it mOTe widely. These include the views that it (1) is really rehabilitation in disguise, (2) excuses violence, particulnrly against women and children, (3)
Essential Criminology
Cril/lillulosies for the Twenty-First Cent1lry
contradicts the principle of public open justice and legal protections by use of private forums and cooplation teclmiques on participants, (4) is soft on crime and ignores public retributive attitudes, (5) undermines through comnumity justice and informal judgments, the standards of tra~ ditionlll legal reasoning, (6) contradicts the legal notion of equal treat_ ment nf like cases and the certainty and consistency of outcomes (Which under reslorntive justice are necessarily vi'lrlable), and (7) assumes the status qun is a desired outcome, rather than striving for a transformative outcome that changes the situation of those offending and those harmed. In addition, restorative programs deal with less serious offenses. At the same time, there is an emerging set of principles that mitigate against some of the problems that have been identified:
Left Realism
334
All parties arE' present voluntarily. Victims are Irea ted with sensitivity and have the control lost through the crime reslored. Offenders are sufficiently coerced to not use the system for selfpreservntion hut to help solve Ihe problems created by their offense. Trained and unbiased facilitators are lIsed. Ft-lcilitalors are flexible toward the solutions proposed by the participants. (Umbreit 2001; Urnbreit ancl Coatp, 1998)
There is grOWIng evidence that restorative justice approaches (lIe being increasingly adopted even for violent offenders. Ironically, Texas, one of the mas I punitive states, developed a victim-offender protocol for violent offenses in 1993 and similar ones have since been adopted by twelve other states (Umbreit, Coates, Vas, and Brown 2002). Umbreit and his collei'lgues suggest that "many of the principles of restorative justice can be applied in crimes of severe violence, including murder, \ViUl clear effectiveIlPss in supporting both the process of victim healing and offender ac~ count
In the final section of this chapler we examine left realism, a critical <1pproach th3L Jikfl pe:::lcelnaking and rcslorulivc juslit::e, seeks lo vvurk frOlll.
the assumption that crime is interconnected with lhe wider society, that victims i'lnd the harm clone to H1PTTl need to be taken seriously, and thClt crime nf'pds 10 he
335
Left realism took form in the 19805 ·when Jock YOlID?, one of the coauUlOrs of The New Criminology (Taylor et at. 1973), and Ius colleagues began to analyze the results of a local area victimization study (see, espeCIally, Jones, MacLean, and YOl-fig 1986; Matthews and Youn?, 198~,.1?92; Yo~n? , 1d Matthews 1992; MacLean 1991). Young had earher cntIC1zed crnnl:~lology "of the left" for being too idealistic and termed it "left i.dealism" (Young 1979; Lea and Young 1984). It was idealistic because It started frum abstract concepts rather than concrete realities (MacLean 1991, 11). Lea and Young (1984) argued Ulat left idealism's exclusive focus all. corporale and white-collar cr.irne, ~ts roman.tic celebr~tions of s~reet crimmal~ as working-class revolutlOnanes, and lis assertlOns about the ~eed fOI broad revolutionary policies ignored the feelings of most wOl~lun?-class Time victims~whomost feared crinlinal attack by members at theIr own L . class. By contrast, left realism takes victims seriously, arguing that cnme destroys Ule quality of urban community life (1\tIatthews 1987). But left realists are also acutely aware of the harm caused to victims suffering from crimes of inequality. . . . To complete the picture of eriIne, left realism argues that It IS essential to include both victims and offenders in Uleir relationships to each other, to the state's criminal justice agencies, and to the general public. Left realists call this set of relationships the "square of crime" (Young and fvlatthews 1992). More like strain theorists (discussed in Chapter 9) Ulan IVIarxists, they argue Ulal the capitalist system promotes competitive individualism and feeds off patriarchy and racism, creating inequalities among people that lead to relative deprivation (Young 1999). Those aL the bottom of the heap experience relative deprivation because they cannot afford the pleasures of life enjoyed by others: "These are 'people wl~o watch Ule same TV ads as everyone else and who are hustlIng to obtam products and status symbols such as color TVs, fanc? c~rs, ,?nd e:;pensive gold jewelry--desires created almost solely by capltalis~n (DeKeseredy and Schwartz 1996, 25D). Capitalisnl is the source of dIscontent. Young (1999) argues Ulat many Americans and Europeans now live in "exclusive societies" "where an alarming number of people are excluded from the formal labor market, where thousands of people have to live on the street or in dilapidated public housing estates, and where iJ.mer-city violence is endenlic" (DeKeseredy 2003, 39). These ghettos and ghost towns were pructuccl1 by capHal concentratiQn~ but wet'e abmHJ.oned i:l.5 il . . . "VVll.. .Ocd it':> way elsewhere" to new global locations "where l~bor was cheaper and expectations lower" (Young 1999,20). Since Ulose lsola.ted .at tl:e bottom of the heap are politically pOvverless to change theI~ sItu.aiton, t~ley become angry and violent and abuse each other, producmg Violent crune
CriJnillologirsjor the FII'f"l/ly-Firsf Cenfury
t:s::;t'nli,,1 {'ru/lil/o!lJgy
i,l~ciclt::'llts, Sume uf Ull~ir :IlUlllber i:Jbtl turn to stealing t1le very sYlllbuL
etc/ t,l~ey cal~not allord lu bu~.ll1 tl1i.~ ~o~lte~t, crime is an unjust in~ dlVldualIstIL sol utlOn to the expenc=nce u1: InjUstice amon~~ l1eopl" ,'I .. .. . f U J e \\ 10 j j egl~tlllate means 0 solving tilt' problem of relative depravdtin I,ac,,n (Young 1~~9; DeKeseredy 2003). R~ther th.a:1 protect then~ f~'om ~riJtll', police agencies lend tu reinforce the mequalltIes, and the cnrmnal JU~lice svstt::ll1 j)roduces its ll'vvn C·dSlia j . . , . _ . ' tIes WltJl1~ ~lr~ady lI]1poveri~hed neighburhoods. Thus the "e\cluded" becorr.le v~ctI.nl1z~d Jrom all dIrections, by their oppression in the societv, t~~e Crulles 01 tJ.l~Jr tdl~l,v oppressed, the crimes and injustices of corpor~_ llUns, and PWlJtlVi::' dctwns ot the criminal justice system. Le~t realislll, as its name suggests, is th('refurt' critiGd of capitalism fnr i..'re~lHlg and sustaillin.'? the inequaJitieb and divisions that turn peuple agamst line another,. Javoring instedd :;:iUllle forn1 of socialist society {hence the term "I~ft"): Fathi::'~' than \-vailing for the revolution, they pn;pose tu do sometlung lmmedldte, practical, and concrete to alleviate tJli::' suffering (this accounts for "reaIisrn"). Unlike the "left idealists" who romanticize the crimes of the poOJ~ (lr "prugressive minimalists" wh-o duwnplay the problems of the poor (Currie 1992; left realists Seem to like ~o negatively label (huse they oppose(), left realists do not believe in wailJl1~_fo:' a s~)ciali::;l fl:'volution before implementing policies that reduce Ihe sllJ~ef!ngfrc)l1l, :Tillle caused by the l.'apitaljst system alld its agencie::; PI' ~()craJ cOlltrol. Ill!:'y argue that to L1ll so is irresponsible beCilUse it alkllV& the sole voice in tlli::' policy debati::' 10 be the right realist "lenv and order" lobby (ivIatthews 1987). By contrast, right rt:'31ists tend to view crime as the result of ir.ldividuaJ choice ilnd include many of the ideas and policv recommencL_ltlOf1S we discussed in Chapter 3. 11~15tead of, tOllgh~r s~ntences ~nd more prisons, ldl realisls prefer allerlldllve pracllcal polley ml:ervenl:lOns, not dissirnilar to the (ltllers we Jldve seen in this chaJ;tL't~ (hat c!eal vvith bollt the immediacy of HIi::' crime prubI~m and ,p~ople s tear Of It (Lea and Young"] 984). These include preventlv.e polrcres that (J) mtroduce prublem sol vel's into 1-varking-class nelghborhoods tll defuse problems and to address residents' concerns through Iocul crime surveys, (2) lise alternative sanctions 8uch as rest1tuIi,on and cO:l1munity service ,to "demdrgindJize" offenders dlld integrate Ihem bdl:k Illio the COmlllU!1lty, and (3) encourage community involvt'll~~nt alld democratically accountable control of the polin' by c~mmunjty CItIzen,S. hI general, left realists ":,i::'ek short-term gains vvhile remaining l:,omulltled to 1011?-terll1 change. Thdt is vvhy fhey prop0::-.e pr.1dical injtia~ Irves that ~an .be l,:llplementcc! illtllU.:didtely and tllat 'chip away' al palri~~rchal ~apltallSI1l (DeKeseredy '2UIl3, 36). These include efforts aimed at reduC1.ng,poverty and unentplOylllenl, ctlrbing violence agailtsl: women, and bwldmg strong comlllunities" (2003, 37). III this regard, left reali.sts (1, V.s,'
.337
illcre{lsin~~lv acknowledging the value of "collective efficacy" or "so0, cial cl1pital" in which strong C01l1l1lUllil y networ!(s or social support and informal SOl'iill control ideas emerged from the E'cnlogy perspective (Chapter 8). while also paying attelltinn to meaningful employment and effective soci,,1 progrrnlls (2003, 39).
'" il f '-
L.ilnils of r.eli Rl'olislI1 Left reCilislll hilS heen subject to severa] criticisms, not least the charge that it lacks originality and takes us tittle further than previous theory with re-
gard to C<'llisation. As both Gibbons (lLJ94, 170) and Shoemaker (1996, 219) pointed ouL left realist policy klroposals.me similar to thos~ that emerg~c1 fn111l social ecology theory (discussed 111 Chapter R), stram theory (dIScussed in Chapter 9), and mainstream sociological criminology in general.rvJichalowski (1991) also cautioned that left realists use a loose concept of cnmmunlty that could resl1ltill right-wing populist and racist control of IIll" police. FIe warned of the contradictions in pursuing criminal justice reform WitlJOllt ilCcompanying structural ch;:mges from the capit;:llist system 1-0 a SOCiillisl form. Another major criticism of ldt realism is that it excludes feminist concerns, rem<.lining "gel1der blind" and "gender biased." It makes no attempt to explai~ women's experiences of crime, victimization, or justice (Carlen ]992). Some argue that its policies call for a strengthening of the power of the oppressive state and hi1ve the effect of strengthening palri-archy and defeating womeIl's interests (Schwartz and DeKeserecly 1991: DeKeserecly and Schwilrtz J991). Finally, l~ft- realists hi'lve been criticized for ignoring crimes of the powerhil, sl;ch as corpurntf or white-collar cri II If' (Henry 1999), and advocating so~callf'd progressive policies that include reinforcing the very structures uf capitalist oppression that they are critiquing, such as "joh crl:~'iltion programs," "entrepreneurial skills training in schools ann llnking schools nnd private businesses" (DE'Keseredy 2003, 37). l
Conclusion \lVe began this chapter by reviewing llliljor changes in the world that have OCCUlTed during the pClsl twenty years, which hilvE' involved a globalization of ecollorllics, politic.c;, anel social ,mel cuJtura I life. We showed hOI,.\1 thi5 change !IilS irnpacted produchon, com::umplion and dlshibulloH r comnumlcations, techno]ugy, and transportation. We showed how the worhJ's societies now face changing kinds of threats. Underlying these cllClnges is an increased interdependence with others in societies acros.s the world, \Np ilf}!,ued tllat ~r<1dihnJli'll crirninologicill (lpproaches that faJ!
338
Essential Criminologlj
to aclmDwledge this global interconnectedness, and crinlinal justice approaches that aclopt a waf mplaphor against crime, are inadequate to address the emerging problems, harms, and crimes of the tvventy-first century. We explored new approaches, postmodernism and constitutive theory, peacemaking climinology and restorative justice, and lefl realism that have in corrunon the view that criminology needs to take a holistic, integrative approach that brings offenders, victims, and the community back together. vVhile these hold much promise for the fUhlre, others believe that in order to fully comprehend the complexity of the individual's relationship with global society we need first to incorporate and integrate the divisions in criIninological thinking. In view of this, several criminologists have begun to examine the reconnection of climinology to itself under the umbrella term "integrated theory." We conclude with a discussion of this ITlOVement.
Summary Chart: Critical Criminologies 1. Pas/modem/Constitutive Human Nature and Society: Interrelated and coproductive of each other. Humans are socially conshl.1cted "subjects" whose energy and active agency build the very social structures that limit and channel their actions and transform them and thereby change society in an ongoing dialectical fashion. Both are so~ cially constructed, although treated as if real. Crime: Crime is harm produced through the exercise of power that denies others the ability to make a difference. Crimes of repression keep people from becoming what they might have been; crimes of reduction undermine what they already have become (e,g., by removing something from them, whether physically through violence; material assets Uuough theft; or status, identity, belief, etc.). Law: Law is myth: an exaggeration of one narrowly defined kind of rule to the ex~ elusion of others, such as informal norms, customs, and so on. Criminals: Criminals are "excessive inveslors" in the use of power to dominate others; expropriate the ability to make a difference by denying others. Victims are "recovering subjects" contingent on becoming fulfilled but never complet~ ing the process, damaged through having that progress interrupted. Causal Logic: Crime is not so much caused as coproduced by the whole society through its inveshnent in social construction of difference and expert knowl~ edge and in building pmver based on this, The process of crime production is manifest through symbolic and harmful discourse that imbues social construcnons with the etppearance of objeL:live r~a1ities and then treats tl1em as slIch. Criminal Justice Policy: Deconstruction of existing tmth claims through exposing their arbitrary constitution; reconstruction of less harmful discourses; work toward decentralized superJiberal democratic structure that accommodates a diversity of voices,
339
Crhni7U1lngies for the TWfufy-Firsf Cf'lJllIl~!
· ina} Justice Practice: Replacement discourse, through media; nonviolent setI· . C'1m tlement-directed talking; pencemaking alternativp,c; such a.':' IlIe( lf1l1on; reslorf1tive justice; and narrative thempy. Empowering ordin<1fy people through accepting their voice. , . . , Evaluation: Unclear ancl complex; excludes others through use of IH?~ly abst~f1et jargon; nihilistic, lacking standards; not open to convenlioT1ClI eHlr'Jrlcal lestmg: 'rumantic about possibility of trClf1.c,fnnnatinn.
2. Peacemaking/Restorative Human Nature: Humans are prnducts of power structures, repre~sed fr~m be~ll? their tme humanistic coopewlive selves and encouraged by hlerarclllClJlflking, hei'lling wrongs tl1nlllgl1 filech-a I-;c,n <>nd n"'501;<>[;011, v"; t1, "'<'InC linn",
,-,r colle-eliv •.., r""'''-' ,n",'",,,,
,-",d
,~l'''''''l'&_ Re
sponsibility for offense is shared with cOlllll\LLnilY., ' EVillualion: Seen as un testable and h,wing an air of consplrrtcy theory bv ll\~1Il' stream critics; seen as supporting r;:IUH:'r thrtn challenging SlillllS ql10 by rilr!Wi1J critics, but as pRrl or ,HI nveri111 Sultllil '11 hy modf'r
340
3. Lef! R.ealism Human Nature: Humans ME' shappc1 by hierarchical power structures of class, race, and gender, which produce differentinls in wealth and relative ciepriva~ tion. Humans ;lre repressed ilnd cllopled for the benefit of dOlninant interests. Society and the Social Order: Cilpitalist class hierarchy uses the sti1te h I resolve contradictions; gains legitimacy hy coopting the powerless. Crime: Crime is harm tu others; it is divisive and undermines community, which helps mainti1iIl the cilpil"list systPJ11. Law: Law is a system of rnaintnining power that- provides genuine protection against hann in order to gil in legitimo tion for wirier copilolist system. Law represents a history of vidories ovpr the pr)"werful curbing their cmde, arbit-rary, and coercive will. Criminals: Criminals iHlcratic apparatus. In supporting wnrkingclass victimology, it distracts frl.lrll crimes of the powerful. FC1('llS little different from mainstream criminology. Feminists argue it is gender b1illd, treating WOlllell flS vidims raHIPr llmJ1 {\dive hlllllall agents.
Conclusion:
Integrative Theory
The Future of Criminology? Stuart hdt:i d fifteen-year-old 'l'UyUld and lives in i'vlichigall. He like:-:; till:' design, convenience, ~md reliability uf the car (like US. soddy), but it has a serious rust problem (like crime). The rust is a real threat tu the GH, since it can lead to the rolling of fuel ur brake lines or even the driveshaft; it also makes the car and the author louk ,"vorn out! How will he deal with the rust problem? He could fill in the body vvhere the nlst comes through (resocialization, education, skills training), but the rust will shortly reappear (recidivism), He could use better filler materials, but then the rust would come through else\.\Jher~ (crime displacement). H~ could hire someone to continually perform bOLly repair work (the criminal justice system). He could replace broken and damaged parts \,vith new unes, but soon they too would wear and break. He cuuld take a broader approach and explore lhe f5lruc!urdl causes of this rust dnd luok to the environment. lvfichigan gets a lot of snow in winter and road crews use a lot of salt un the ruads, which corrodes steel when mixed -with melted snow. He could dlOose not tu drive the car on winter roads (routine activities) or keep it in the garage, hut tbal only seems to delay the problem. Why is it that other car owners in the state and Cdr I.l\vners in otlwr states du not seem to have the same rust problem (compdrative crime data)? Perhaps the problem it:; in the VI/hole concept of the car and in the details of its local use, storage, dnd so on. Car manufacturers in competilion \.vilh other manufadurers wanlto cutco::;ls but nol produd perfofmanct>; one W<J..)' of I..toil1 ::;U b tu reduu: thv O'-lulje at SLeel Lhill. i~ u:~..,d in b',,_ly 0 manufacture. Lighter-gauge steel, in dn environment of Welter VdjJur dilL! carbon monoxide, as Ol:curs in d garage, plus salt from the rUdds dnd jJ driver who takes little (dre III wash off the salt, combine lu produce rust. If we lived in a culture that emphasized longevity of products rather than consumption, and if we recycled,
342
EsselJtial Crilllillulug!J
were less hyped vii:! tbe media, we might design carti for d lifetime rather than for obsolescence. What causes rust (crime)? Clearly, a combination of each of the dimensions is included in this illustration. Since] 979, a tn~nd in criminology has emerged that many find exciting and fitting with our changing global situation, which we discussed in the previous chapter. Instead of develuping new theories that compete to superse_cle prt~ViUllti ones, some theorists have attempted to combine what they see as the best elements of these diverse positions (Johnson 1979; Elliott et al. J985). ThOBe engaging in integration have done so for a variety of reason::;, not least because of a desire to arrive at central anchoring notions in theory, to proVide coherence to a bewildering array of fragmented theorieb, to achieve comprehensiveness and completeness to advance sl:ientific progress, and to synthesize causation and social control (Barak ]998). In this conclusion, we want to briefly explore integration of criminological theories, beginning with a simple definition, critically expluring SOlne of the isSlll!S in integration, and then illustrating integrdlion.We provide t\V(l examples of different kinds of integration: Illudernist dnd holistic. Theoretical inte)-!,ratiol1 hati been defined dS the "combination of two or more preexisting theories, selected on the basis of their perceived commonalities, into d single refurmulated theoretical model with great-er cumprehensiveness and explanatory value than anyone of its cumponentthenries" (Farnvvorth 1989, 95). For example, one component of integrated thepry may fUCllS un the learning process, another on the impact of social cUl1trol, dnd a third on the effects on class structure or social ecology. This sounds relatively tilraightforward and logical; it may even be, as studentti uften tell us, plain common sense. But it is fraught with difficulty. Let us see why. First is the issue of what precisdy is integrated. Do we integrate theoretiedl concepts or propositions? Integrdting concepts involves finding thuse thal have tiimilar meanings in different theories and merging them into u CUlnllwn language, as WdS dtll\e in Akers's ([1977] 1985, 1994) con\~~ptlldl aGsnrption approach. Akers merged concepts from social learning dnd SOcidl cuntrol theory (dll1Ung others). For example, "belief," vvhiLh in cuntrul theory refers to Illoral convictions for or against delinquency, is eLlualt:J to "definitions favorable or unfavorable to crime," taken frum difierential association theory> and so on. Since this can reduce or absorb one or another concept io the other (Thornberry 1989; Hirschi (979), even Akers asks whether it is inl-egrat-ion or simply a "hostile takeover" (Akers 1994,186). Comprehensive attempts at conceptual integration can distort and even transform the original concepts, as in Pearson and Weiner's (1985) attempt to integrate every theory. Fur example, "commitment," which in cuntrol theory refers to the potential loss that Gime may produce to those
343
with whom one is bonded, is cumbined with more simplistic classical and learning ideas of rewards and punishment to become the new concept of "utility demand and reception." But if tile integrated concepts are not reduced, then simply induding all tile major concepts becomes impracticably cumbersome. If we do not integrate concepts, but merely their propositions, the problems can be worse. Propositional integration refers to combining propositions from theories or placing them in some causal order or sequence. As Shoemaker (1996, 254) observes in considering the integration of differential association and social control theories, "If one were to include all major components of these two theories in one comprehensive l1lodet there would be at least 13 variables, and most likely more than double that amount. If other theoretical explanations were included, such as anomie, social disorganization, psychological and biological lheories, the number of potential variables in the analysis would soon approach 50l" Testing such an integrated theory would be impractical on account of the difficulty of the large sample size required-that is, if we rely on positivistic principles of testing. Beyond what is integrated is the issue of how propusitiuns afe logicdlly related. Propositions may be related (1) end to end, which implies a sequential causal order, (2) side by side, which implies uverlapping influences, or (3) up and down, which suggests that the propositions from one can be derived from a more abstract form (Hirschi 1979; Bernard and Snipes 1996). A third related issue is the lldlure of Causality that is aStiumed in the formal structure of any integrated theory. Does the integrated theory use linear causality, which takes the form of a sequential chain of events? Does it employ multiple causality, in which a crime is the outcome of several different causes or a combination of them together? NEght interactive or reciprocal causality, in which the effects of one event, in turn, influence its cause(s), which then influence the event, be most appropriate? Alternatively, should the integrative theory use dialectical or reciprocal causality, such that causes and events are not discrete enoties but are overlapping and interrelated, being codetermining (Einsladter and Henry 1995; Henry and Milovanovic 1996; Barak 1998)? Clearly il,e interactive and dialectical models of causality suggest a dynamic rather than static form of integration (Einstadter and Henry 1995). Should different causalities be integrated, some dynamic and some static? i\. fourth issue is the:> level of conccFts "lnd lheQ r i c 5 Lhcll
dl:"C
inL'-'DXH!,:';;...\.
Should Ihese be of Ihe same level or across levels? In other words, should only theories relating to the individual level be combined with others at the individual level (micro-level integration), as in VViison and Herrnstein's (1985) combination of biological and rational choice; and slructural cultural level with structural cultural (macro-level integration), as
'1 344
Esselltial Crilllillology
in Hagan and colIeagues' (1987) power-control integration of Marxism and feminism? Should integrationists cross levels (macro-micro integration), as in Colvin and Pauly's (1983) attempt to combine Marxist, conflict, strain subculture, social learning, and social control theories? Integration levels to be considered, then, include (1) kinds of people, their human agency, and their interactive social processes; (2) kinds of organization, their coIIective agency, and their organizational processes; and (3) kinds of culture, structure, and context (Akers 1994; Barak 1998). The level of integration may depend on what is to be explained, or the scope of integration, which is a fifth consideration. Is the integration intended to explain crime in general or a specific type of crime? Is it intended to apply to the population in general or only certain sectors of it (e.g., young, old, men, women, African American, Hispanic, etc.)? Some have argued that by combining theories we lose more than we gain-that f1theory competition" and "competitive isulation" are preferable to "integration." They point out that criminology shows a "considerable indifference and healthy skepticism toward theoretical integration" (Akers 1994, 195; Gibbons 1994). Yet others see "knowledge integration" as valuable (Shoemaker 1996; Bernard and Snipes 1996; Barak 1998; Robinson 2004). Clearly, these are complex issues to resolve. The result, as Einstadter and Henry (1995) argue, may be that the original goal of reducing competitive theories is replaced by competition between different types of integrative theory as integrationists argue for their particular model as the best combination: "Since each integration theorist may use different criteria to construct his or her own comprehensive approach, what emerges is integrational chaos" (1995,309). Indeed, there is a danger that all new developments in a particular tradition that draw on aspects of the earlier tradition are now labeled as "integrated." For example, Hunter and Dantzker (2002, 135) construct a typology of four types of mtegrated theories: (1) integrated classical theories~routjne activities (Cohen and Felson 1979), rational choice (Cornish and Clarke 1986), criminal personality (Yockelson and Samenow (1976); (2) integrated biological theories-bioconditioning (Eysenck and GUdjollsson 1989), human nature (Wilson and J-Ierrnstein 1985); (3) integrated psychological theories~delinquency development (Farrington 1988), age-graded (Sampson and Laub 1993), self-derogation (Kaplan ]975); and (4) integrated sociological theories. The last category is further divided into four subtype.">: (.'.1) inlcgr'J!E'd k"lrnin5-C0il1.pvocd of nelwork analysis theory (Krohn 1986) and interactional theory (Thornberry 1987); (b) inlegrated control theory-composed of control balance theory (Tittle 1995t social developmental theory (Weis and Hawkins 1981), and reintegrative shaming theory (Braithwaite 1989); (c) integrated strain theory~ composed of integrated theory (Elliott, Huizinga and Agerton 1985) and
I !
Conclusion: Integmtive Theory
345
general strain theory (Agnew 1985); and (d) integrated conflict theorycomposed of power control theory (Hagan, Simpson, and Gillis 1987) and integrated structural Marxist theory (Colvin and Pauly 1983). Hunter and Dantzker include fourteen different theories labeled "integrated." They go on to describe approaches beyond integration that they call "holistic theories" by which they mean general explanations of crime, which "combine multifactor perspectives" allowing "criminologists to see the entire panorama" rather than a one-dimensional picture (2002, 150). Here they include another seven theories (making 21 in all): bioenvironmental theory (Jeffrey 1977), conceptual absorption theory (Akers 2000), conceptual integration theory (Pearson and Weiner 1985), general paradigm theory (Vila 1994), self-control theory and integrative delinquency theory (Gottfredson and Hirschi 1990), and their own identity theory (Hunter and Dantzka 2003,155-157). In an effort to bring some clarity to the integrated picture, Einstadter and Henry (1995, 303) developed an analysis of the various "integrated theories" showing which original theories they explicitly drew together. Below we have extended and adapted this table, including only the theories that expIicit:ly attempt integration. We also include a brief description of the approach taken by the integrated theory, since space precludes a more extensive treatment. Although this table does not exhaust the range of integrative theories and it conflates similar ones, while leaving out others that are no more than developments of earlier theories, it indicates that the theories most frequently included in integrated paradigms are social learning and social control, followed by anomie, conflict, then Marxist, ecology, psychology I personality, and rational choice. With social learning most frequently incorporated, there is some justification to Aker's (2000) claim that all criminal behavior is based on social learning because almost all theories draw on social learning as a component. The relatively low number of inclusions of feminist theory does Ii ttle to challenge feminist views that gender has been left out of criminological theorizing. Regardless, the above analysis suggests that the array of integrated theories is now as vast as tl1e array of original theories, as Einstadter and Henry (1995) predicted, which leads to considerable confusion, Recently some have begun to suggest ways out of this theoretical quagmire: (1) identifying two broad approaches to integration: modernist and postmodernisl and (2) providing an integration of integrated theory. We rnighl call this hyperinlegralion. Baral( s book Integrating Crimil1ologies (1998) provides lhe most comprehensive review of integration to date, suggests that modernist integration, in all its different guises, really aims at the "questionable objective of delivering some lund of positivist prediction of 'what causes criminal behavior.'" In postmocIefnist integration, however, "everything,
TABLE C.l-lntegrative Theories
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ICapitalist market
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economy creates poor underclass, excluded from share of wealth, experience relative deprivation and subcultural conflict
Capitalism and patriarchy affect men and women in \vorkplace, resulting in differential control over girls and boys al home with different delinquency outcomes
~
I I
X
X
I X
X
X
X
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I. X II i I
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1
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Peatsonand Primarily considers Weirtel~ 1985 all the factors that can affect social learning andleadto crime
Hagan, Simpson, and Gillis, 1987
;:::u '\J
Q
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I
LIIx
I
Wilson and Humans·make Herrnslein, decisions shaped by biological, 1985 psychologicaC and environmental interactive factors
!
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l
Conceptual integration theory
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Mathews Left realist I exclusim and Young, 1986; Young tJ1eory 1999
5
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is
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iSocializationin pOOrlY bonded families reduces rresistance to Idelinquency via peer subculture
!
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Strain in family, Ischool,· comm uni ty Iweakens social bondS; .increases bonds with !delinquent peers
!Col~i~a-~~ l!caPitalist jIntegrated istructural 'paul y,1983;· .exploitation produces !Marxist theory I Colvin, 2000 coercive family I environment, strains differential coercion theory family; weakens . I ' , bonds,aggravated by "coercive school
I
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~.
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X
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I
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T-.\BLE Cl-Inte,ZI'ative TheoI'il;?"':' (Cllntll1ued
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Il,Interactional theory
i
.
IThornberry, 11987
I I
Adolescence ;veakens) 'conventional be'mis, I Feers in disorganized I communities become: influential. but dill1inish ;.vith \vork i and l1larriase
b:l --
s
-- '-
x
x
x
x
x
x
x
x
x
x
X
X
Net"vork analysisjKrohn. 1986~11 Di.fferent:ial , thel1r~' . . relllforcel1l12nt ot convention or deviant act.:; depending on extent and density of netwNk contactt=-
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,
Delinquency i Farrington, : PL~()r parental development .I 11988: Loeberl interactil1I1, poor role ' age-graded /Ii Ie ;and i models 5hape [ course LeBlanc Icriminal personality 1990; reinforced by . ! pathtNays ! criminal career. or /,Sampson j and Laub. !limited b)' social j1993 I ca pital
I
I
Reintegr,ltivt' Ii Braithwaite , IStrain affects shanling theory -19B9 jbonding, which if \ '\.veakened makes :labeling., shaming II 'and e.:xcludinl?; , process, ralh~-r than I reintegrating ,1nd in o r m a l i z i n g ,
X
X
['
!
Henry dnd IPower and inequality MilovanoVic,!bUild socially constmcted 1991, 1996 differences· through which harm deprivations imposed on the ,[subordinated Desire for resources interacts with sociocultmal &: ecological factors, in a ch
IX x I
X
X
X
x
IX I
I
i,
I I
I
I
I
I
X
iGeneral ecology Vila,1994 theory
X
'I
I
iConstitutive itheory
!
X <
II
X
X
x
r-I
,
conlilillt';; I
Cn/lrlllsj071: Jl1legmtive TIII"(wy
PellcemakiJzg Restorative
r'
Post'-11/odernist Feminist Marxist Radical Conflict Strain Anomie 5nbcllitural Ecalogy/ cultural Labeling/social cantructionion iS111 Control >< Social Bonding
'D
x >< ,
::::::
.
p""'--=="'--+----I--~-~-··- ----~
Learning
x
Psychological Perso1wlity
'D
Biological Classical! Rational Choice
x
351
at both the micro and macro levels, affects everything else, and where these effects are continuously changing over lime" (1998, 188). The clash between modernist and poslmodernist approaches is rpminiscent of the old criminological division between functionalist and conflict lheories (Henry and Milovanovic 1996; I\1ilovanovic 1995). This division is now applied to integration. Modernist integrntivE' schemes, of the kind discussed so far, whatever form they take, are propositional and predictive, use linear or multiple causality, and an" particularistic and static. Postmodernist integrative schemes, in contrast, are conceptual and interpretive, use interactive or reciprocal causalHy, and are holistic and dynamic. Barak argues that these holistic integrative models (e.g., "inter(lctional," "ecological," "constitutive") of crime and crime control hold out the most promise for developing criminology. But rather than stopping there, Barak's hyperintegration model attempts to integrate these integrations, arguing that bringing together both modernist and postmodemist sensibilities is necessary to capture the "wholE' picture" of the social reality of crime. The most recent advance in integrated theory by Nlatthew Robinson (2004) attempts to integrate all the factors from human "cell to society" (clustered in 22 groups) in a developmental interactive sequence to show how antisocial behavior is more or less likely. Robinson states, "The integrated systems theory of antisocial behavior attempts 10 advance the state of theories ... past its myopic state by illustrating how risk factors at different levels of analysis from different aCC'ldemic disciplines interact to increase the probability that a person will commit antisocial behavior" (2004, 271). Instead nf discussing theories in historir'al sequence (he believes criminology is "stuck in the pnst and instead of dividing them by di.3ciplines (which he says reinforces "artificial boundaries in knowledge about crime" and "limits our understanding of it and instead of discussing the merits of different theories (which he believes creates false divisions), he examines the meaningful (tested) contribution to ollr understanding of crime made by each discipline (20()4, x-·xi). }--Iow this theory stands up to empirical testing remains to he seen, but this is perhaps the most ambilious, comprehensivE' interdisciplinary attempt so folr to move integratinn of criminological theory to new heights. tl
)
lt
)
Core Idea
Conclusion ~
TheolY
" ~
(oreredby,!:l d year idea first ] c' introduced) :::: ~
'-
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]-:5 ~ ~ B 7.il
~ __ ~
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At Llle l'C'15.llllliJIj;; l)f Lh<:: l,\-yt:nllcth
ccnlury,
\.Tilllil101Ul:'), hull two
very
dif-
ferent pnradigms to rub togethel~ classical (free will) versuS positivism (determinism). As the twentieth century progressed, the number and diversity of theories proliferated and calls for integration were issued. As the twenty-first century begins, we are lnvited to reconslitute the criminological enlf'rprise anew from the pprspeclive of a posl-ro.strlloc!ernisl
352
Essfllfinl (ril/lil/oloS)!
hyperintegrative theory. How far this will take hold remains to be seen. As to what causes crimp, \ve leave that for you to pondel~ but each of the theories presented in this book makes iJ contribution. Now that you have read them, yOll will have rln enhanced underslanding of the complexity of crime and criminality. We do not conclude this bouk with a solution to the Crll11e problem. There is no single policy solution and therE' are no easy answers. As should be apparent from reading the often contradictory tl1Pories we have presenled, there is no consensus on how to address crime. Even if a consensus did exist, il wuuld he problematic, since without conflict and differences of opinion, evolutionary progress is not possible. This book is descriptive, not prescriptive. It is ultimately up to readers-the future criminological scholars and policymakers-to mrive at future crime solutions. Our goal has been tel show what has transpired and wherE' future direcfions in 11lPnry are leiKHng us. Cood lllck!
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or
Index
Abbutt, Jack llenry, 170-18U Aboliliunisl1l, 27"1-275, 3:27··320 Abortion, 23, 123 Abuse, 139-140. See llisu Spllu::"JI abust! Academy of fists, 73 Actlls rellS (volunlary parlicipaliun), ·Io~
"'
Adaptation, 240-2'12 ADD. See Attention deficit disorder Adler, Alfred, 135 Adoption studies, 110-113 AHedionless character, 134, 183 Affirmative paslmodernism, 321 African Americans arrest rate, 52 biosucialiheory, 119· Ill) Clmcentric ZOlle theory, 211 conflict appruach to defining crime, 24-25 crimes of the puwerle}is, '10 heredity theories of criminal behavior, 109 institutional strain thl'I'I'Y
allli alJIIse
'1 'he AI/lt'rilwi Cril/lillJd: /\/1 A1ltinu]Julu::;iclll :iludy ([ hkl!UII),
lU8 A merican Dream, 233, 230-24U, 252-256 Analogous social injury, 26-27 Andrchism. 13-1'1,271-273,274 Anderson. Scott, 1.57--1.59 Animal rights, 26 Anomie. See Strain tht:ory / dllumit' Anthrupology, criminal, 104-105, lUa Anti-social character, 13,1 Antisocial persunality disurdef, ]29, 137-138 Archer Danids Ivlidland Company. 2 Architecture, 216-217 Arrigo, Brtlct', 320 Asbestos, 27 Ascertainable critericl, 330 Aspirations. 255 Assimilation as l'espoll:-3e to culture cunflict.. 225-226 Asylwils (Coffman), 19f:\ Atavism tIH~ory, 105-lOb Attachment theory, 132(talJle). 134, 183, 184-185,188 Attention deficit disonler (AIJl>t 115-116 Attenuated culture, 2UH Authority, 27J-273, 281-282 Autonomic nervous system, J 15
.
Alienatiun, 244-246, 279, 325-326 Allpurt, Gordon, 136
Altered Egos: How the Brain t-'reates tht' Self (Feinberg), 148-149 AIllt'rican Civil War, 107, 259-26U
Bakullin, IvIikllait 271-272 Balkaniza!ion, 312 Bandura, Albert, lU, 14,1, 164 Barak Gregg, 21. 331-332, 3,15, 352 Bath, rvlichigan, 126
414
Indl!x
I3I2CI.:dricl, (:ebiJi"I2, b, b9, 73-76, 1)7 BecL, Aaron, 146--1010
Bed;er, Howard, 12, ]01.195, 197 Beechnut Cllrporalhm, 'l'J Beggary, 71-72 Behavioral and SilUdUuIldJ learning, 132(t,ble), 136, H3, 145-146, 165-166 eehaviorism. S.:t ()IJl~rdllt l:unJitiuning Belief, 185, 342 Bellail~ Paul, '1.05, '2 J ~I Bentham, Jeremy, 6, bY, 76 -77 Bhopal, India, 312-3J3 Bianchi, l-Jerman, 275, 327-32tl Biggs, Gregory, 292 Bill of Rights, 74 Biuguvernance, lUI Biological theories, llll-125, 113(table) biosucial criminu!l)gy, 113·-J 15, 117-119 "born criminal" concept, 105-1U7 chromosomes, nervuus system, ADD, and hormones, 115-116 cognitive theories, 148-149 early biulogical theories of criminology, 6-8 early views of psychnses, I2l) eJgework, 324-325 family-type and budy,type theuries, Ifl7-109 gt:'nder and crilllt:', 2':11.-1Y3. 2':16-2lJ7, 299-300 gene theory, IJU--113 integrated ecology and, 2[1) integration with other thl'::'llrJes, 343 limitations and policy implications, ]21~123
positivist tndhud, J U3·-105 trait-based pertjunaliLy tbeuries, 137 J)iosocial theories of crime, 101-125, 140 Blumer. ('ferbt:orl. 191 195
BUJlgel~ WillelIl, J2-13, 280 Bouth, Charles, 206 "Burn t:riminal" oJt1cepC 105-107 BOrll tll CriJlle: The. GelleliL: Causes uf Criminal Bellilviof (Ta yIod, J22-123 Bougainville Revolutionary Army, 316 BOllrgeoisie (capitalist power holders), 278 Bowlby, Jolm, 13'1, 133 Braithwaite, John, 199 Branch Davidians, 49 British Crime Survey, 2"1 Broken bond theory, 182 Broken windows thesis, 22J-222 Bronnel~ Augusta, 7 Brutalization thesis, tl7-89 Buckley, Walter, 219 Bureau of Justice Statistics (BJS), 51 Burgess, Ernest, 195, 209 Burgess, Roberl, 165-167 Burglary, 89-90, 93 Bursik, Robert, 219, 221
California Psychological Inventory (CPJ), 139 Calley, William, 156-157, 159, 161, 189 CAP. See Chicago Area Project Capitalism, 259-291 left realism, 335-337 Marxist theory, 261-262, 275-280, 302-303 radical criminology, 261 ~262, 281-291 socialist feminism, 304--305 sociological conflict and radical theory, 12~]J strain theory, 8-9, 234, 238, 255, 256 LapitalisJ1t, Patriarchy, alld Crime (Messerschmidt),304 Capital punishment. See Death penalty Cd.drn. Pidel. '1(,1
Binned boundaries clincel't, 2'15
Caldlel' i11lhe Rye (Salinger), 127
B'lbbilt, Lorena, 127 Body.type theory, IlJ7-I()Y Buesky, IVdJI, 37 Bunding t!leury. Set: SuLicll t:unLrol theory
CatE!gorical imperative, 330-331 Causality, 318, 323-324, 3'13 Chambliss, William, 12 Chan, Julius, 316 Chaos theory, 323-324
Chapmdll, Mark David, 127,1:21) Cheater theory, 119 Chicago Area Project (CAP), 215 Chicago School Ecological Theory, 8, 206-207,209~215,242,24
Chivalry hypothesis, 298 Choice structuring, 90 Christiansen, Karl, 110-111 Christie, Nils, 274, 327-328 Chromosomes, 115-116 01ronic offenders, 5, 77 Civil rights issues, 122 Clarke, Ronald, 89, 9I(fig.) Classical conditioning, 143 Classical theory, 6-7, 68-100 the classical reaction to rising crime, 72-78 integration with other theories, 352 Italian School criminulogists, 104 justice theory, 79-8] limitations of, 77-78 neoclassicism, 78-89 preclassical era, 70-72 rise of rational choice lheory, 8~--100 Class issues crimes of the powerless and powerful, 24--27, 48 during the prec1assical era, 70-72 Marxist theory, 263-264, 276-278, 302-303 measuring crime, 57-58 racial profiling, 259-261 radical theory and, 282 school tracking, '13 women and crime, 297 See also Strain theory / anomie "Cleared by arrest," 52 C1eckly, Hervey, 137 Clinton, Bill, 222 Cloward, Richard, lU, 233, 244~24b Cognitive theories, 132(table), ]46-150, 16·J
Cohen, Albert, 10,233,242-243 Cohort studies, 63-64 Cold War, 315-316 Collective act:ion, 242-246 Columbine High SchooL Littldull, Colorado, 192
415
Commitment, 184-J85, 189,342--343 Common Cause, 35 COllllllunications, globalization of, 313 Communislll, 271, 2S6~287 Community, 151, 152, 326. See also Social ecology theory Competition, 279 Competitive isola lion, 3'14, Concentric zone theory, 209-2]2 Conceptual absorption, 342 Conceptual integration, 342-343 Condit Gary, 39-40 Conditional freewill, 114-lJ5 Conflict, global, 315-316 Conflict resolution, 46-'17, 328-332 Conflict subculture, 246 Conflict theory anarchism, 271-273 assumptions, 262-264 contemporary perspectivt'b, 269,,·27lJ Dahrendorf's dialectical conflict, 266-267 defining crime, 24-27 group conflict lheory, 26lJ, 26tl-2bY historical roots of, 265 interest groups, 285~286 policy implications, 273-275 Quinney's social reality of crime, 270-271 radical and Marxist. theories, 260-261 See also Marxist theory; Radical theory Conformity, 240-241, 241(table) Consensus theory, 22~24, 43 Consentino, Michael, 97 Constitution, U.S., 74, 85 Constitutive criminology, 14,27, 321-326 Consumption, culture of, 253~254, 255, 341-342 Cuntainment theury, 183-18'1
Control theory. See Social control theory Cooley, Charles Horton, ]92-193 Cooper, Dana, 157-159 Cornish, Derek, 89, 91 (fig.) Corporate crime, 1-3
416
Corporate crime, (COI/tilllled) Beechnut Corporation, 29 cohort studies, 63-64 crimes of the powerful, 49-50 data availability all, 61 Ford Motor Company fraud cas~, 96-97 left realism, 337 Marxist criminology, 286 militia groups, 316 psychological profiling, 12t1 public awareness of crime, 33 racial issues, 120 radical theory, 261 rational choice theory, 92 sensation seeking/ arousal theory, 118 seriousness of response lo, 34-35 social response lO, 36-37 strain theory and, 232-233, 235-236 Union Carbide leak in Bhopal, India, 312-313 See also White-coHar crime CPI. See California Psychological Inventory Craniology, 102 Cressey, Donald, 9, 161, 16t)~169 Crime, defining, 18-67 abolitionism, 275 anarchism, 272-273 Beccaria's definitions, 75 consensus and conflict approacht:s, 22-28,269-270 constitutive criminology, 321-322 govemment measures of crime, 50-60 Hagan's pyramid of crime, 28-40 independent measures of crime, 62~65
legal definition of, 20-22 measuring crime, 50
Crime, Shmue, alld lnfegl'atiull (Braithvvaite), 199 Crime displacement, 90, 92 Crime rate, 52-53 concentric zone theory, 213 gender and crime, 2%-297 UCR and NCVS findings in l:rime trends, 58-60 ·women and, 291) Crime trends, 58-6U Criminal anthropology, 104-:105,108 Criminal intent, 127 Cl'imilUllily and the Legal Order (Turk), 269-270 CrimiJlal Justice: .A Peacemakillg Perspective (Fuller), 330 Criminal justice and crime prevention, 4,75-76 biological theory, 121-123 Chicago School theory, 213-215 classical strain theory, 246-248 cognitive theories, 149-150 conflict theory, 273-275 control theory, 190-191 crime prevention through environmental design movement, 217 cultural theory, 225~226 death penalty, 68, 77, 82, ~6-89 differential association and socidl learning theory, 168 ecological psychology, 152 Ferri's substitution concept, 106-1U7 labeling theory, 199-202 learning theory, 145-146 left realism and, 336 Marxist and radical theories, 285-288 neutralization theory, 174-176 peacemaking criminology, 330 postmodernism, 318 fn::>JH'-'ll'-' <.In<.l1yoio of "dllJVl
radical theory, 264, 282-283 social reality of crime, 270-271 strain theory's assumptions aboul, 234-235 Crime: Its Causes and Remedies (Lombroso), 106
417
Index
Index
violence; 46-47 psychoanalytical tlleory, 135-137 rational choice and routine activities theories, 94-96 revised strain theory, 250-252 systemic ecology theory, 221-223
Criminal justice and crime prevention, (coll/inllen)
trait-based and evolutionary psychology, 141-142 The Criminal fdan (Lombroso), lOS-HI/) Criminaloid; 106 Criminal personality theory, 11, 130 Criminal thinking patterns theory, 1\ Criminology, defining, 3-6 criminological theory, 6-15 expanding the scope of, 1-3 victimology, 15-16 Critical ecology, 217-218 Critical theory, 14, 287-288, 290~292. See also Conflict theory; Feminist theory; MClrxist lhenry; Radical theory Critique, postmodernist, 320 Cruel and unusual punishment, 85 Cults, 156,157-159,225 Cultural context of crime, 20-22, 25 Cultural influence on crime, 239-240 Cultural theory, 206, 218, 223--226 Cultural values, 235 Culture Conflici and Crime (Sellin), 224 Culture conflict theory, 9-10, 224~225 Dahmer, Jeffrey, 127-128 D"hrendorf, Ralf, 266-267 Danvin, Charles, 104 Death penalty, 68, 77, 82, 86-89 Decarceration, 200-201 DeconstlUcnon, 320, 321 Decriminalization, 200-201 Degenerative thenry, 107-108 De Haan, Willem, 327-328 Delinquency subculture, 169-172, 242-243 Denial, 172-173, 176 Denno, Debor"h, 113 Depression, 116-117 n.~,,~&r> e ....'..,to~. ~h,.,.ory. 'J.lf;_217
D~fefminate gentencing, 82-84 Determinism, 115, 147, 170. See also Positivism Deterrence. See Criminal justice and crime prevention f)pviance. 3R, 194-1 Q5, 195-196, 234
Deviancy amplification, 197 Dialectical conflict, 266-267, 269 Differential association theory, 9, 160-168,180,244,342-344 Differential identification theory, 165-167 Differential opportunity theory, 10, 238-242,244-246 Differential psychology, 129-130 Differential reinforcement theory, 165-167 Direct control, 183 Direct individual crimes, 55 Discourse, postmodemist, 319-320 Disease, globalization of, 314-315 Disrespectable poor, 72 Distributive justice, 252 Diversion, 200-201 DNA data, 101 DO). See U.s. Department of )ustice Domination/ subjugation, 2671 283-284,303-304 Dopamine, 116-117, 118 Douglas, Mary, 226-227 Dramatization of evil, 193 Dramaturgical interviews, 65 Drift theory. See Neutralization "Driving while black," 260 Dropollts, 246 Drug trafficking gang economies, 205 mandatory sentencing laws, 82-83 strain theory explaining, 232 three-slTikes laws, 84-85 Drug use and abuse as defense for violence, 292 connection to crime, 165 criminalization of drug use, 21, 24 defining crime, 26-27 neurotransmitters in cocaine users, 117 5t\lctlCS on, 63 vampire killings, 158-159 Dugdale, Richard, 107-108 Durham Rule, 155 Durkheim, Emile, 8-9, 22, 233, 234, 237-238
self-report
418 Eclectic integrated theory, 136-137 Ecological psychology, 8, 132(table), 150-152, 244-247, 246 Economic Opportl1nit}~ Office of, 24R F.conomic structures Bonger's crimimd thought, 2RO gJobalizCltion, :3 t1
Ectomorphs, 109 Edgework, 324-326 Education, 8-9 ADD in students, ] 15-116 a.s means to economic success, 2l:i3 control theory intervent1(lll programs, 190-19J in capitalist societies, 278 sUDterranenJ1 values, -171 See also School vinlpl1ce
Eglash. Albert, 332 Ego, 132, 1.15
Ehrlich, JSflac, 87 Ellis, Lee, ]]7-118, 140 EmancipMion thesi.<;, 2q7-298 Embezzlement, 16q Empiricism, 329 Enclosure, J\cls of, 70 Endomorphs, 108-109 Endorphins, ] /8 Engels, Friedrich, 276, 278-279, 286-287 England, classicism and, 70-78 Enlightf'llment philosophy, 6, 68-69 EnviwIllllenlal crimes, 33 EnvirollmentAI factors of crime,lnl biosoci<11 crime prevention techniqnes, /23 ecologJc
Index Epistemology, 306-307 Ethnicity concentric zone theory, 211-212 crimes of the powerless, 48 cultural deviance theory, 223-226 family-type and body-type theories of crime, 107-109 globCllizntion, 311-317 l(lbeling, 200 Ethnography, 64-65 Eugenics, 107, 122 Evolutinnary biology, 104-105 Evolutionary ecology, 218 Evolutionary psychology, 132(table), 140-141,300 External control, 183-184 Extroversion, 136, 138-139, 142 EySf'llck, Hans, It 136, 138-139, 142 r-i1illlre~fn-b(lnd theory, 182-183 F<1tllily dlild-rearing affecting socialization, 183,186-187 role in social ecolngy theOly, 207-208 socialist feminist view of, 304-305 twin and adoption studies, 110~]]3 women and crime, 2911-295 Family socializlltion theory, 7-8 Family-type tlwory, ]07-]09 Fantasy games, 159-160 Faulty mind theories, 11 Federal Bureau of Investigation (FBT), 51-57,128 Feinberg, Todd, 148-]49 Feminist lheory, 13 basic assumptions ot 292-296 evolutionary psychology theory of rape, 141 explaining patterns of beh
Index
Idlional cboice and routine activities theories, 93, 96 socialist feminism, 304-305 Ferrell, Jeff, 272 Ferrelt Roderick "Rod," 157-159 Ferri, Enrico, 7, 104, 105, 106 Feudalism, 70-72 Fixations, 133 Ford Motor Company, 2, 96-97 Founding fathers, 73-7<1 Free will, 104, 114-115, 235. See also Classical theory French Code (179]), 78 French Revolution, 78 Freud, Sigmund, 131-134 Frustration-aggression theory, 132(table), 13'1-135, 245 Fulier, John, 330 Functionalism, 233 Gall, Franz Joseph, 102 Galton, Francis, 122 Gambling, ]71-]72 The Gallg (Thrasher), 212 Gangs adaptation behavior, 242 alienation leading lo gang formation, 244-246 as answer to social disorganization, 212 determinate sentencing, 83 neutralization theory, 170 reaction formation, 243 social ecology, 205 strain theory explaining, 2'16 sub cuI ture of crime, 226-227 Garofalo, Raffaele, /1, 6-7, 104, 107 Geek profiling, 192 Gendered theory, 305-306 Gender issues control theory and, 189
419
gender rabo of offending, 295 media portrayal of crime, 34 postmodernist discourse, 319-320 psychoanalysis, 135 See also Feminist theory Gender socialization, 13 Generalizability approach to criminology, 295 General strain theory, 249-252 Gene theory, 110-116, 120-121 Geographical space. See Social ecology theory The German Ideology (Marx and Engels),286-287 Globalization, 311-317 Glueck, Elinor, 109 Glueck, Sheldon, 164-165 Goal achievement, 232-235, 240-242, 2'11(table),244-246 Goffman, Erving, 12, 197-198 Gold, Martin, 62 Goth cults, 156, 157-159 Gotlfredson, Michael, 186-188 Government Marxist view of, 284-285 measures of crime, 50-60 radical feminist view of, 301-302 See also Capitalism Government crime, 1-2 crimes of the powerful, ·:19-50 data availability on, 61 incidence of reporting, 55-56 public awareness of cdme, 33 Grasmick, Harold, 187,219,221 Great Depression, 233 Glid-group analysis, 227-228 Grossman, Dave, 144 Group conflict theory, 266, 268-269 Guerry, Andre Michel, 106, 206 Guilt, personal, 133-134
crirnes of the powerless, ,18
Hagan. John, 28----10
data on offenders, 62
HagadS pyramid of crime, 28-J8 Harm, individual and societal constructive criminology's redefining crime, 322-324 crime prism, 38--40 crimes of the powerful, 49-50
defining crime, 23-24 discrimination in education, 41 gender bias in laws and norms, 290-292 gender bias of left realism, 337
no
IlIill'\
11l1ft'.1
Harm Illdividual and :;ucielaJ fllllllillued) Hagan's measure of, 37
peacemaking criminology, 32.9~330 result of terrorism, 38 school violence, 41~42, 45 Hate crimE's, 148 Hathaway, Starke, "] 39 Hedonistic or relicitv calcuhb, 76 Hegel, Georg, 276 . Heisenberg's uncertainty prilll:iple, 318 I !t:!faclitus, 3IH Heredity, 101, J40 Heredity and cUIlslittiLional type
theory, 7 Hidden crime, 39--JO, 53-54, 56 Hinckley, John, 127 Hirschi, Travis, 11-12, 180, 18;]-J,'),5 Hispanic Americans, 205, 259-260 I--[istorital nl<:lterialism, 276
[Iolden Caulfil::'!d, 127 J loJislic integration, :l12, 345 Ilomeland security, 1 Homelessness, 194 Homicide African Americans versm; w!Jile::;, 58 edgework, 325 effect of death penalty 011, ,')7-09 Ford lvlolor CunqJany, 97 Freud on, 133 gender involvement ill, 292-292, 29,1 in a cultural context, 22b institutional strain theory, 25,1 My Lai massacre, 156-157 personality traits of homicidal juveniles, 139-140 restorative justice and, 334 University of Texas sniper IlltJrders, 101-102 vampire cult killings. JSh, 1-57-159 HOoker Chemical Corpordtioll, 33 Hooton, Ernest, 7, 108 fiormonal theories, 115-116 Hostile framing, J;J7-148 Household crime, 57 Hughes, Everett, 195
}-llJIlld11
JldIIHI~,
'2b3 HUJIldJl physiugnoIll)', 1\)2 Human rights, 26, ·11 Human services, 106-107 Huyck, Emory, 126
LILULca, Lee, 96-07 ILl,132 Idealism, 335 Identity transformaliClll, IlN--195 tdeology, IVIarxist vil:'W !II, 271:\ Imitation theory, 10 Immigrants and immigratiun, 198, 224-216 I mperial chicken plant, 2, 3,1 Incapacltatinll,85-86 Inclusion, 330 Index crimes, 35, 51 Indirect control, 183 Individual, cult of the, 233 Individualization, 70, 3H Individui:ll sovereignty, 7'J-75 Induslri, 230 Institute for Social Researdl Mthe University uf Michig<.H1 OSR'j, 6:.'> Institutional anulllic, 252':"'251.1 Institutionalized LTime, 39-40 Instrumental anolnie, 23S-242 Instrumental Marxism, 28,1~2t:15 Integrated Cultural Attenuation System IVIodel, 221(fig.) Integrated ecology, 218- 21 ~J IJltegratillS Criminologies (HaraL), :H5, 352
fntegrative Iheorv, 342-353 Inf:cfligenc~' thcu;'Y' 11')-12\1, 139 lnleraetionisltheurv, 12-13, 195~197 Interdisciplinary rlc~ttlre uf criminnillgy, S-h Interes! groups, 2b3-:264, 2bb, 268-269, 281-282,285-286 Internal contrul, 183-18·1
International ruWics. :'-3 fllten'entioll, cUlltrr11 theory and, 190-191 Interviews for crime study, 6!!---6S 111 the Bel/yo( the Rell.<;{ I Abhn!'l l, 179-lBO Introversion, 133-139
Invisible crimes,;:'>'1 Involvement, II34-1.'lS Irdq, war on, 23 iSK SCC' Institute for Social Research ;:It the University of tvlichig'\D lIali(ln Schnnl criminologists. 1(l4 James, William, 146 Japan, 286 Jeffersr1l1, Thomas, 73-74 Jeffer')-" C, l\ay, 122, Hi5-Hi7 J\Jhn~-ManviIle, 27 Johnson, I,yndon, 2"18 Joint C!)IlHnissioll Oil t'vIental Health, 151 Judicial intf'rpretalinll of crime, 21-22. See also Criminal Juslir:p (mel crime prevention Judicial reform, 68-69 The lllkes: A Study in CrimI', l'lIl1rerisTIl, lind Heredity (Dugdale), W7-10B
)ung, Carl, 138 Jusl deserts principle. 76, 81 Justice Programs, Office oL 222 justice theory. 79-81 Juvenile [)elinqLH~ncy Prevention ;:Ind Control Act (1961), 2,n-248 Kaczynski, Theodore, 12R Keating, Charles, 36-37 Keesee, Charity Lynn, 15(" 157-159,
161 Kehoe, Andrew, 126 Kennedy, John F, lSI, 247
Kornhauser, Ruth, 184 Kropotkin, P' etc 271 l.abeling as parenting skill, 187 l,<1heling theory, 12-13, ]60, 179-182, 191-202 l."nipt~ Mark, 157, 180-lS1, 191 L,1\' <11£-1", JOh811 ('Clspaf, 102 LLlIV
capitalism's shaping of, 283-284 "unflict, Marxist and radical theories, 262-263 in capitalist societies, 277-279 law dnd order concept 79, 81-82 legal cod es, 171 I,parned behavior theory, 9, 156-178 differential association thpnry,
162-168 My Lai maSsacre and vClIllpire
killings, 156-160 neutralization theory, 168-176 trait-based and evolutinnary psychology, 142 Left idealism, 286, 336 LefJ- realism, 334-337 Legal reform, 68-69 Lell1ert, Edwin, 181, ] 94-195 Lennon, John, 127 Levy, Chandra, 40 Liberal feminism, 296-299 Liberatinn thesis, 2q7-298 Limited rationality, 90 Littleton, Colorado, J 92 Lombroso, Cesare, 6-7, 104, 105 L.ombroso- renaro, Gina, 105 Looking glass self, 193 Love CanaL 33 LWI/pen prolet(lrinl (surplus populationt 277-278, 2043 Lyng, Steven, 324-326 !vlacKinnon, CCltharine, 301
Kennedy, Robert, 247
Mala
KilJo!ogy, 1,]4
Nlaln prohibita (legislated crimp."l, 3q MalI<1rd, Chan Ie, 292 M,llldela, Nelson, .'=\28 iv1clrihuana Tax Acl ("1937),24 M,lrs, GerClld. 226-227
King, Martin LLllher~ 261 Klein, Calvin.:ilJ l(!ock;lrs, Carl, 1:1.285 !
;11 51!
(bad in and of ilselfJ,3R
Index
422 Marx, Kart 261 Marxist theory, ]2-13, 260-261 assumptions, 262-26<1 conflict theory <:lnd defining crime, 25-26 clitical criminology, 287-288 historical roo Is of, 275-280 instrumental versus structural, 284-285 Marxist feminism, 302-303 revolution as necessity, 286-2S7 !vInsk of Insanity (Cleddy), 137 Materialism, 275-277 Maternal bonding, 183 Mathiesen, Thomas, 274, 327-328 Ivlatza, David, 11,169-170.171, 172 Maudsley, Henry, 129 Mayhew, Henry, 206 McKay, Henry D., 8, 209. 212-213 McLlren, Peter, 320-321 Mead, George Herbert, 193 Measuring crime, 50-60, 62-65 Media, 2-3 advertisement <:lnd the culture of consumption, 255 delivering policy, 168 differential association theory and, 164 peacemaking criminology and, 331-332
portrayal of seriollsness of crime, 34 social response 10 crime, 43-J4 Mendelsohn, Benjamin, 14 Mens Tea (guilty mind), 127, ]7] Mental illness. See Psychiatric and psychological theories Medon, Robert, 8-9, 213, 233, 23.5, 238-242 Mesomorphs, 108-]09 Messerschmidt, James, 304, 306 Meta-anal ysis, 188 Middle range, theory of, 234 Military, ]56-157, 315-316 Militia groups, 242, 316 Milken, Michael, 37 Miller, Jody, 292 Miller, Walter, 9-10, 226
Minangkabau people, 301 Minnesota Multiphasic Person
lndl'X
Norms. See Vahlf's Nye, r:. 1van,IS3 Occupational culture, 226-228 Official Clime statistics, 5:1 Ohlin, Lloyd, la, 233, 24/1~2118 On Crimes al1d PZ/Ilishmrlli (Rec(";'lri<:lJ. 73-75 On the Origill of Species (Darwin), ]04 Operant conditioning. ]0, J 3h. J 43, 165-167 Organized crime, 232~233, 24n. 2R6 Outsidcrs(Becker), lq,S Packwood, Bob, 40 PACT Project, '1 7 2 Pain-avoidance behavior, 249 Papua New Guinea, 316 Parental atlachment, J8R Parenting techniques, sociillization and, 186-187 Park, Robert, 209 Participant observation method of measuring crime, 6tJ~65 Paternoster, Ray, 88 Patriarchy, 299-300, 302-3113, 306 Pavlov, Ivan, 136, 138, 143 Peacemaking criminology, 276, 328-332 Peer influence, 165, 183 -"184, 2113 People magazine, 3 Pepinsky, HCll, 272, 27~ Personal crime, 57 Personality dlanges in, 101~Hl2 cognitive theory, ItJ7 spoiled identities, ]97-198 traits comprising. ],18-140 Peyote cults, 224 Phrenology, 102 Physiological theories, lOS-lOQ. Spp also Biological thenrie", Pia get, Jean, 146-147
Plea bargaining, 83-8 1J rlvIS. See Premenstrual syndrome Pnlicymaking. See Criminal justice and crime prevention Political forcps, 2---,1, 217-218, 28]
42,)
PositivisIll_, 103-105, :107, ?>1l2 PostindustriaJisnl,277 Postmodern feminism, 30G-307 Paslmodernism, 27, .117-2l27,12Q. 1:11). 352 Potential offende ...s, I!in Poverty, 70-72 Power conflict, Ivlarxist and rmlicnl theories, 262-26'1 constntctive criminology's redefining crime, 322-323 ('rimes of powerful and powerless people, 41-/!3, 47-!'iO, 70-72, 9(,-JI7 dinleclical mnflkl perspective, 266-267 gender relations and ITli'linstrf'iHll criminology, 293 radical feminism and, 300-301, 301-302 radical theory and, 281-282 role in conflict theory, 262 ~eriousness of response to crime, 34
Weber's theol)' of inequality. 2hS Power~control theory, 297, 2qq Practical socialism, 286 Preel assical era, 70~72 Predestination, 74 Premenstrual syndFlIJlP (PMS), 1]0 Prestige, 265 Prevention. See CrimiIl<:l1 justice imel crime prevention Primal thinl
System, 95(fig.l decarceration. 200-·201 determinate sentencing, 82-83 ffliled socialization leading In incarceration, 179-180 incapilcitalinn pnlicy, 85-8h
424
Il1dl'x
Prisons (con tin lied) overcrm,vding lllrPlIgll lhrep·slrikps laws, 85 Pritchard, Joseph.J'29 Privatizatiun, ,=\ J"J Process PS\,Chl.l]llgy, 129-1'10 Profiling . oD crimillo]r-,ov pencelllakin -n'l 33U ' n . , ,-, I.•
psychologicaL 128,192 rClcia],259-261 Progressive minimalism, 336 Project PACT (Pulling America's Communities Together). 222 Propositional integration, :1LLT ..344 Proudholl, Pierre-Joseph, 271-·272 Pseudo-criminal, 106 r'sychiatric and psychnlogiCcd tlwnrips 126-155 ., abnormal behilvipf alld illnpss. 129-130 hehavioraL sillliltiOllat ant! sod;,!1 learning Ihronries, L12(IClhle}, 143-146 cognitive Ihenries, 1.12(IClble) 146-1511 ' ecological psychology, 132(lable} 150-152 ' ' , evolutiDnary rsych'.1log\,. 112UClhlpl. 140-1/1] general strAin thenry, 250 integra tion with uther theorips 3,13 "
psychoanalysis, 131-137
psydlologi~al and suciilllei',rniny theory, 10-] 1
,~
rsychol~gical Theories Cornrilred
!32(tab!el ' socialization and develnprnel1lnl processes, 130-131 trait-based and f>VOllltionnry psychology' lheories, 1.17-]'1') f't,;ydlOt1f1lllysls, 7-0, L31~]3J P-",ychological personality Ilwnrv, J I Psychopaths, 129, 137-BS r.<;ycholicism, 138-119. 14-2 l'ubllc i.HVareness of crime, ,i2-IJ() Pllblic safely, 1
II/de.\.
Punishment abolilionist view of, 274-27.5 BCLTilria's perspective, 75~76 behilviura I learning theory,] iL'1 Bf>nlham'.<; views nn, 77 curporall' nimo, 263 crimiJ1il1 anfhropology, 122 d~~termil~ate sentencing, B2-84 (hfferenl~al reinforcement theory, 166-167 incapacHation policy, 85-8fi justice theory, SO-81 law anti I ,rder approach, 81-R2 <:IS parenting technique, 187 peaeenwking criminology, 329 -.130 predassical era, 7 J -72 psychoanalytical theory, 1?Ill three-strikes laws, 84-8S women, 298~299 See also ('riminal justice and crime prevention; Prisons PYJ'ilmid of crime. See Hngan's pyramid of crime .
Qualitntivc siudies of crime, Gil-fl,r:; Quetelet, Adolphe, 106, 206 Quinney, RichClrd, 12,26,270-271,275 2R7
'
and racism crimes of the powerless, 48 family-type and body-type theories of crime, 107-109 int:lIigence theory of crime, 119-'120 NCVS findings on victims of violenl crimes,5R r,'lelal plnnling, 259-261 nxent biological theories on raef! and crime, 119 school tr
HilC!"
Radlcol feminism, 299-307 326 Radical nonintervention, 2()()-201 H.aclical tlleory. 260-2M, 275-29] Rape cheiltf']" l'heory, 119 ddillfllg crime, 2,1-2iJ
4 _r0
Eepurling erlIne, 53-5b, 5-l{lig.), evulutiunary p~ydlulugy dllJ, 5~(fig.) 140-14! Repression, 133, 136 feminist stance on consensual ::;e.\., ReproductiI1ll,IJ8-U9 290-292 evolutionary psychology theory Itl incidence of reporlin~ vrimes, 53, 55 rdpt~, 140-1'11 Marxist feminist view ot, 3l'l2-3U3 rddical ternini:::;t view of, 300-3U1 wdical feminist view of, 300 socialist ieminist view of, 304-305 tt'
Judex l
:iell-CUlltrol, BO,
I~ll, ISb~JgLJ
Self-defense plea, 171 Self-esteem, 140, ] 86 Self-fulfilling pruphl!\.y, 199 Selfish genes, 114,111)-1]9 Self-mutilation, ]57, ]58, 15:,1
I Illlt:x
Seli-report t;luLlies 011 crime, 62-63, 11 1, 2H, 2:,14 Sellin, Thorsten, 9-1(), 224··-225 SeJlsation seeking I arousal tl1eory, n 8, 120~12l, 123, 137~139, 171, 324-326 Sentencing, determinate, 82-84 Sentencing Project, 85 Separatist feminism, 301 September 11, 2001, 2-3, 259, 316-3]7 Serioutiness of crimes, 30-32, 33,43 Serotonin, 116-117 Sexism, 39-40,119. See also Feminist theory; Gender issues Sex uffenders, 139 Sexual assault. See Rape; Spousal abuse Sexuality cheater theory, 119 defining crime through social context, 23-24 radiccli ft'llIillistview of crime, 300 radical theory, 13 social harm of sexual pradices, 38 Sbaw, Clifford 1\., 8,209,212-215 Sheldon, William, 7, 108-109 Sick society. See Strain theory I anomie Simmel, Georg, 261, 266 Simpson, 0.]., 15 Situational dlOice theory, 90 Skateboarding, 193 Skeptical postrllodernism, 321 Skinne,; B.P., II!, 136, 143, 16S Skogan, Wesley, 208 Smart, Carol, 29c1, 291:) Social agr~ernellt un crime, 35-36 Social bonds theory, 93,179-182 Social capital, 219-220 Social contract, 74 Socia! control theory, 11-]2, ]60 .'llienZlrion and delinquency sub.:ull ure5 /245 dnomie anee 23'1, 237 brnktm bunJ and failure to bund thclJries, 182-184 Hirschi's sucial control theury, 1~4~186
illtegrclUon with other theorle.s, 3'12~344
labeling theory, 179-182, 191-202 limitations and policy implications of of, 188~191 self-control theory, 186-188 Social disorganization theory, 163, 211~21S, 343 Sucial ecology theory, 2U5-2:12 Chicago School, 209-215 critical ecology, 217-218 cultural deviance theory, 223-226 design ecology, 215-217 grid-group theory, 226-228 integrated and systemic ecolugy, 218-223 Social engineering programs, 247-248 Social harm. See Harm, individual and societal Socialism founders of, 13 left realism and, 336 !VIa rxist feminism and, 3U3-3U4 revolution as forerunner to, 286-287 socialist feminism, 304--305 Socialist feminism, 304--305, 306, 326 Socialization, 179-182 control theory, ]82-191 gender and crime, 296-297 interactionist theory, 195-197 labeling theory, ]91-202 Lemert's deviance studies, 194-195 reintegrative shaming, 199 spoiled identities and total institutions, 197-198 Social judo, 331 Social justice, 330 Social learning theury, 10, 93, 132(table), 143~146, 167, 21~
Socidlmasculinization of women, 297
Social organization, 220~22J Social process theories, J56~178. See also Learned behavior theory Social psychological diHerential association theory. Sec Differential association theory Social reality of crime, 270-271
Sodal responst.:! to crillle, 34, 36-37, 39~4lJ,43~44
Sodal science, 108 Social structures Bonger's criminal thought, 280 gender and crime, 296-297 globalization, 311-317 peacema1dng criminology, 332 radical theory and, 282, 286 See also Conflict theory; Felllinbt theory; Marxist theory; I\cldical theory; Strain theory I anomie Social transformation, 2'16-248, 255, 260~261, 263 Suciobiology: The New Synthesis (Wilson), 102, 113~n4 Socioeconomic status. See Class issues Sociological structural theory, 8-9 Sociological theory of criminology, 8, 261-262. See also Strain tl1eory I anomie Sociopaths, 129, 137-138 Soft determinism, ] 7U Somatyping, 108-109 Sourcebook of CriJl1inal JrQjticc Statistic~, 20 Spoiled identities, 197-198 Sports, gender anJ, 296 Spousal abuse, 119, 127, 145,295,303 Square of crime, 335 Stake in conformity, 184, ]89 Standpoint epistemology, 306-307, 319 Stark, Rodney, 207 Status frustration theory, 10, 242-243 Sterilization of the unfit, 122, 123 Stigma (Goflman), 197~198 Stigmatization, 197-198, 199 Stop Teaching OUf Kids to Kill: A CIIl to Action Agai1'lst Ti: Movie, Ilwl Video Game Violellce (Grossman and DeGaetano), 1'14 Strain theory / anomie, 8-9. 213 Agnew1s genera! strain theory, 249-252 assumptions DC 234-236 differential opportunity structures and alienated yuuths, 244-246 Durkheim's anomie, 237-238
428 Strain theory / anomie, (UmtilllledJ histOly of, 232-233 institutional anomie, 252-25b instrumental anomie and differential opposite structures, 238-2'12 integration with other theories, 343 limitations of, 2'16-248 Merton's instrumental anomie and differential opportunity structures, 238-2'12 status frustration and delinquent subcultures, 242-243 Stratified multi-state cluster sample, 57-58 Straw man, 71 Street crime, 48 crimes of place, 205-206 psychological profiling, 128 racial implications of, 119-120 strain theory and, 232-233 subculture of crime, 226-227 Structuralism, 264Structural Marxism, 284-285 Structured action theory, 306 Subcultural theory, 10, 170-172, 226-228 Sublimation, 133 Substance abuse. See Drug use and abuse Substantial Incapacity Test, 155 Substitution concept, 106-107 Subterranean values, 170-171, 189 Suite crimes. See Corporate crime; White-collar crime Sullivan, Dennis, 28,272,275 Superdelerminism, 286 Superego, 133, 134 Supermale, 115 Supreme Court, U.s., 85, 127 Surfing, 3 Surplus population, 277~2781 253 Surveillance as parenting skill, 187 Sutherland, Edwin, 9, 20, 161, 162-168, 165,212 Swaaningen, Rene van, 275, 288, 327-328 Switzerland, 286
index Sykes, Gresham, 11, 169-170 Symbolic inleracLionism, 148, J 92-1 Y3 Syphilis experimenl, 2, 49 Systemic crime mudd, 21:J(fig.) Systemic ecology, 218-223 Tannenbaum, Frank, 193 Tarde, Gabriel, 10, 1'13-l4cl Taylor, lan, 12,281-282,286 Taylor, Lawrence, 122-123 Techniques of neutralization, J 72-173 Technology, 279, 319. See also Scientific metJ10d Television, 144-145 Terrorism, 1,2-3, 18,3'1,38,259-260, 316-317 Testoslerone, 116 Theoretical Cri1llinology (VoId), 267-268 TheOl}' competition, 344 Thinking styles, 149 Thomas, W.L, 211-212 Thrasher, Frederick, 212 Three-strikes laws, 84-85 Tifft, Larry, 28, 272, 275 Toby, Jackson, 18'! Total institutions, 198 Toxic culture, '16 Tracking in schools, 113 Traditional strain theory, 235 Trait~based personality theories, 132(table), 136, 137-142, 1<11-142 Transference, 136 "Transformation Versus Revulution and I\eformism: Policy Implications of Conflict Theory" (Turk),273 Tridl, individual's right to, 75 Triplet repeat mutations, 120 Turk, Austin, 269-270, 273-274 Tuskeegee syphilis study, 2, 49 Twin studies, 110-113 Unabomber, 128 Uniform Crime Report:> (UCR), 51-·57,
58-60,292 Union Carbide, 3] 2-313 United Nations, 315 Universal woman COllLl=pt, 295
Index University of CaliforniOi at Berkeley, 28]
University of Chicago. See Chicago School Ecological Theory Urban communities. See Social ecology theory us. Air Force Academy, 292 U.s. Bureau of the Census, 57 U.s. Department of Justice (DO}), 51, 57,222 U.S. News and World Report, 11:1 Utility demand and reception, 343 Values crime as n reminder ot 237 cults and the military.. 159 cultural values causing anomie, 239-240 differential opportunity stmetures, 244-246 differential reinforcement theory, 167 differential social nrganization, 163-164 loyalty to conventional values, 189 reaction fonnation, 242-243 social control theory, 185 social status determining values and norms, 269-270 subterranean values, 170-17] Vampire cults, 156, lS7-159 'i,1nrielies of Delinquent YOl/th (Sheldon), 108-109
Verri, Alessandfll, 7.1 Verri, Pietro, 73 Vicarious strain, 250 Victimization conslllutive criminology,321-322 constructive criminology's redefining crime, 322-323 data collflctjnn prnbll?mf:, 61 Hagan's mei1sure of harm, 37-38 hidden crime, 53, 55 left realism, 335-336 Likelihood of Victimization by Age, Race, and Sex, 60(fig.) NCVS findings, 57-50S
429
public awareness of crime and the prism of crime, 29-40 routine activities leading to crime, 93 testing the Chicago School theory, 214 Why People Fail to Report Crimes to the Police, 54(fig.) ofvvomen, 290-292,294 Victimless crimes, 29, 43, 61 Victimology, 15-16 Video games, 144 Vietnam War, 156-157 Violence measuring crime, 50 NCVS findings, 57-58 restorative justice and, 333-334 school crime, 40-47 subculture of violence, 226-228 women and, 292, 293, 298 XYY males, 115 Void, George, 225, 267-269 Wallerstein, James, 62 Walton, Paul, 12, 281-282, 287-288 War, 310-311, 315-316 Warner, Barbara, 221 War on Poverty, 248 Weber, Max, 261, 265-266 Weed and Seed operation, 326 Welfare slate, 255 Wendorf Heather, 157-159 White-collar crime, 1-3 crimes of the powerful, 49-50 differential social organization, 163-164 inclusion in UCR, 55 index crimes, 51 labeling theory, 199-200 left realism, 337 legal definition of crime, 20 localion on I--T"'5"n J s pyr"u"lid, -17~tB
sensation seeking / arousal theory, 118 severity score and offense of various crimes, 31-32{table) stake in conformity, 189 See also Corporate crime
l1111rx
430 Whilmflll, Charles]., 101-102 Whitney, CI
290-292 strain theory, 2116 as victims of violent crime, 58 Sec also [<erninisl" thpory; Gender issues Wmkrlace injuries, 2
World Health OrganizaLion, 137 Wundt, WilhelmI 14h Wyle, Clernent, 62 XYY m(lles, 115
Yoche[sol1, Samuet 11, 147, 149-1S0 Young, Jock, 12, 281-282, 28n, 287-2R8, 33.5 Young, T.R., 320 Znaniecki, florian, 211-212