5. Crime and Deviance.docx

CRIME & DEVIANCE: CONCEPTS AND THEORIES Date: February 15, 2024 Crime may be under-reported for a wide range of reasons Fear Confidence Trauma Personal Services Ignorance Minor Objectives At the end of the two-hour (2 hr.) presentation, the students will be able to: 1. explain the terms Deviance...

CRIME & DEVIANCE: CONCEPTS AND THEORIES Date: February 15, 2024 Crime may be under-reported for a wide range of reasons Fear Confidence Trauma Personal Services Ignorance Minor Objectives At the end of the two-hour (2 hr.) presentation, the students will be able to: 1. explain the terms Deviance and Crime in the society. 2. identify the types of crime. 3. explore the social distribution of crime. 4. discuss Social Control. 5. discuss the theories on crime. 6. examine the crime rate and statistics in Jamaica and the world. Introduction -In any particular social environment, people may have their own views about appropriate and inappropriate behaviour. In every society, some behavioural patterns are viewed as appropriate standards of role performance. These are known as norms. Once norms are developed, conformity is encouraged and enforced by agents of Social Control. -Norms set boundaries for acceptable behaviour and at the same time define behaviour that transgresses these boundaries. -Many people are likely to be the victim of a crime at some time in their life: phone theft, car theft, domestic burglary, or, in extreme cases, a rape or murder. Many of those who do not become victims-and some who do-will be the perpetrators of crime. Some crime seems to be the result of a long-term profession of crime. Much crime seems to have been motivated by drug use and the need to purchase illegal drugs. Deviance -Deviance is the term used by sociologists to refer to that action defined by society and its defenders to be outside the range of the acceptable. -Deviance is actually created by society, by REACTION to certain actions, rather than by the actor who does the acting. -It is society's rules and lines that create the boundaries between what is and what is not deviant. -Deviance is problematic because it disrupts; it is essential because it defines the confines of our shared reality - Deviance is nonconformity to social norms or expectations. For many people, the word 'deviance' is used only in relation to moral, religious, or political norms. -The 'deviant' is seen as someone whose behaviour departs from normal moral standards (for example, those concerned with sexual behaviour), or who deviates from a political or religious orthodoxy. -The sociological concept of deviance, however, takes a broader point of view and recognizes that there can be deviation from social norms of all kinds. -Along with sexual deviants and political deviants, religious deviants must be counted as those whose behaviour runs counter to legal or customary norms, more generally-criminals, the mentally ill, alcoholics and many others. What makes these people deviant is the fact that their behaviour seems to run counter to the norms of a social group. It is this that the homosexual, the prostitute, the child molester, the patients with schizophrenia, the suicide minded, the radical, the heretic, the Ecstasy user and the burglar all have in common. All of them seem to engage in behaviour that is not seen as normal in their society. -No form of behaviour is deviant in and of itself. To judge behaviour as deviant is to judge it from the standpoint of the norms of a particular social group. Aspects of Deviance -These are areas used to determine if an act is deviant. -Relevance of audience - anyone who witnesses the act or was aware of the act. The judgment of what is good or bad depends on those who observe and evaluate the act. The cultural practice differs among the people. -The dress, manner, occupation, social influence, demeanor and family background help to determine whether the individual's actions will be labeled deviant/criminal. -Relevance of Situation - the situational context is as important as the act itself. For example, a woman who kills her husband who has been abusing her and was in the act of abusing, will sometimes be found innocent of murder and it is called self-defense. -Relevance of Time - normative expectations change over time. The standards and expectations of conduct vary in the modern industrial society e.g., homosexuality, use of marijuana. -Relevance of Social Status - people will be perceived differently according to their social characteristics. The higher-status individuals are less likely to be labeled as criminals or receive harsh treatment in comparison to the lower-status individuals. Crime -A crime is a deviant act that breaks the law of the land. It includes anti-social conduct that is prohibited by law, with sanctions that commit offenders into custody. At the heart of crime is the concept of protecting not only the individual, but society. Punishment of crime was developed primarily as means of social control and as a means of protection for members of society. -While crime in and of itself, is often regarded as deviant activity, not all deviant activities are defined as crime. For example, people who follow a particular religious cult may be labeled or viewed as 'deviant', but such behaviour in itself is not criminal. -Crime statistics are sometimes manipulated in order to serve political ends. -Power structures in society influence the decision as to what is considered criminal. Difference between Crime and Deviance -Criminal acts are those that have been defined as such formal agencies of social control, whereas deviance is defined as any violation of societal norms. -Crime involves breaking the law and may vary from minor or petty offences such as shoplifting to very serious crime such as murder. Decisions about what is criminal or not are made consciously by people in authority, such as police, members of the legal profession and the government. In most cases, such laws become formally enacted and documented. Deviance involves breaking of social norms and is determined in a more informal manner. Deviance is culturally determined; what is normal in one culture may be seen as deviant in another. Societal norms evolve as a social process, rather than as a decision-making process by people in society. -Crime is punishable by law, that is, by formal sanctions. Deviance, on the other hand, is punishable by informal sanctions such as peer pressure, ridicule and media reporting. All criminal acts are considered deviant but not all deviant acts may be considered criminal. Types of Crime Violent Crime Property Crime White Collar Crime Victimless Crime - Personal crimes - violent or nonviolent crimes directed against people e.g., murder, aggravated assault, rape and robbery. - Property crime - theft or change of property, without threat of bodily harm e.g., burglary, larceny, auto theft and arson. - Victimless crime - the willing exchange of illegal goods and services. Though victimless crimes violate the laws, they are not normally considered serious, since they do not have a victim or complainant as such. They include activities such as 'illegal' gambling (not sanctioned by the authorities), illegal drug use, pornography and prostitution (where these are illegal). -Hate crimes - assaults and other malicious acts (including crime against property) motivated by various forms of bias, including but not limited to those based on race, religion, sexual orientation, ethnic or national origin and disability. -Corporate Crime - the illegal actions of a corporation or people acting on its behalf. Not all crimes are committed by individuals. -Organised Crime - activity that appears, on the surface, to be acceptable, but is illegal, involving criminal groups that are well organised and provide illegal goods and services. Organised crime may include activities such as drug trafficking, gambling and prostitution. Such undertakings are organised like legitimate businesses. Organised crime today is often facilitated by information technology. - White Collar or Elite Crime - crime carried out by people of high social standing. According to Sutherland (1960 as cited in Mustapha, 2009), it refers to 'crime committed by a person of respectability and high social status in the course of his occupation'. Examples include embezzlement, insider trading, or unacceptable financial practices. In terms of dollars, white-collar crime is much more consequential for society than street crimes. -Many white-collar crimes are especially difficult to prosecute, because the perpetrators are sophisticated criminals who have attempted to conceal their activities through a series of complex transactions. It tends to be made up of complex, sophisticated and relatively technical actions. -When legitimate or conventional avenues make the attainment of goal difficult or impossible, many of us, whether as individual or as corporate actors, will resort to illegitimate or deviant avenues. -White-collar crime tends to be intermingled with legitimate behaviour. - Harm is not always conceptualised or identifiable as such, because it is usually distributed over a substantial number of victims. - The monetary sums involved tend to be quite large in most cases. White-collar crime is much more lucrative than ordinary burglaries, robberies and larcenies because: 1. White-collar criminals steal by manipulating symbols, which means that they can steal money they do not even have to pick up and carry away. 2. White-collar crime is not a 'one-shot deal'. It is made up of a number of interrelated actions that extend over a period of time - months, years even decades. 3. It is rarely condemned to the same degree as street crime. And there is little public stigma attached. 4. It may not be given the media coverage as street crime because it may make less sensational news. 5. The white-collar criminals rarely think of themselves as 'real criminals' because of its lack of stigma. They insist that, even though they engaged in the action of which they were accused, what they did was not a crime. Examples of white collar crime -Environmental damage, causing danger to life and loss of employment -Unsafe or unhealthy workplaces -Tax evasion -Defective and dangerous merchandise -Corporate fraud - Price fixing -Government bribery -Embezzlement, money laundering, and fraud. Other forms of Deviance -Mental illness - these carry powerful stigma. People are wary of an ex-mental patient as they are of ex-convicts. The major problem our society face with mental illness is how to treat the chronically mentally ill who have little or no money and find it difficult or impossible to hold a job. -Some view the mental institutions as a place for the unwanted. And when release they make up the population of street people and many stop taking their drugs and become another challenge for the society. People care for their pets more than the mentally ill. The Social Distribution of Crime 1. Gender and Crime - both official statistics and several research studies indicate that males commit more crimes than females and are arrested more often. - These gender differences are quite pronounced for property crimes and violent crimes. The reasons include: - Men, partly because of more aggressive socialisation experiences, are more likely to commit violent crime. However, women's participation in crime has been increasing Society places more constraints on females' behaviour. Law enforcement officers tend to be more lenient toward females. -Age and Crime - criminal activity is more prevalent among younger people than among older people in most societies. One consistent finding of statistical and survey methods is the correlation between age and deviant behaviour; young people (the 10-24 age group in the UK) are more involved in crime and deviance than their older counterparts. -In the United States, people between the ages of 15 and 24 represents 39.1% of all arrests for violent crimes and 46.8% arrested for rape, robbery and arson (FBI, 2001 as cited in Mustapha, 2009). Age and Crime - The reasons for such trend include the following: -Young people are more likely to be unemployed or employed in low-paid jobs -Young people are more likely to be unattached to the traditional or established institutions of society -Young people tend to be adventurous and willing to take chances. -Ethnicity or Class and Crime - As we have seen in relation to age and sex, in relation to conviction rates, there is a clear relationship between crime and class, insofar as the majority of convicted offenders are drawn from the working classes. As might also be expected, there is a clear correlation between type of crime and social class. Ethnicity or Class and Crime - For example: -Crimes involving violence, theft from property, etc. are mainly associated with the working class. Fraud, embezzlement and so forth are mainly middle class crimes. -Corporate crime (involving such things as insider trading, environmental crimes, market-rigging) is mainly an upper class phenomenon. Factors giving rise to Crime and Violence -Destabilized family structure -Decline in values and attitudes - Urban drift - Economic instability -Inequality in income distribution -Drug culture High level of illiteracy -Political tribalism -Culture of violence, reinforced by organized crime Social Order -Social Order-a concept used but rarely defined- is a quality of all working organizations. The opposite of social order is easy to grasp: disorder, chaos, the absence of rules, disorganization. If there is no order, actors will act without taking one another into account or they will act without any concern for the cooperative effort. Action will be impulsive-uncontrolled-or it will be self- controlled without regard for the organization. Cooperation is made impossible. -Social Order is made possible by "social control" all the various ways a social organization attempts to control the individual actor. -Social Control and social order are necessary for the continuation of social organization. They are often good things, but we should not simply assume that they are always good. A society that oppresses people should not be supported simply because control and order are necessary. -Social Control - refers to the techniques and strategies for preventing deviant human behavior in any society (Schaefer, 2002). It is a process by which order is established and maintained in society, or obedience to the norms of the group or society by almost all people whether by internalization or sanctions. Social control and social order are necessary for the continuation of social organization. Why Social Control? -When social control fails there is social disorganization. It is said that man needs to live in a world of social control for protection from his own impulses and from being preyed upon by others Forms of Social Control. Social norms-group-shared expectations. A norm is passed on from one generation to another through the process of socialization. -They represent ways of acting and behaving which have been tried and tested over time and found to be beneficial in promoting group cohesion and reducing tensions and conflicts e.g., children are taught to say 'please' and 'thank you' Questions of Social Control -Why do people defy the norms of the society? -Why do they steal, or cheat or lie? -Who are the notorious men or women in our country? Our fear of and fascination with crime is a crucial indicator of the significance we give crime, one kind of deviance, in our society? Why individuals resist Social Control? -Most law violators do not believe that they will be caught and by the happenings in our society we agree. For some crimes there is a relatively low probability of being caught and punished e.g., white collar crimes. -Also crime in one country may not be called crime in another, may be a religious practice or just not wrong in the eyes of a people. Mechanisms of Social Control -Social control mechanisms are means by which society can influence people's behavior to conform to expectations Two main types of social control mechanisms -Internal Mechanisms as part of the socialization process, individuals internalize society's expectations -External Mechanisms-externally imposed by others, in the form of rewards and punishments The rewards and punishments used in external control are called sanctions Social Deviance -It is impossible to ensure total conformity to organization, nor is that ever desirable. Society needs thinkers, not robots; problem solvers, not sleepwalkers; creative, self-directing persons, not simple conformists. -Everyone breaks the established rules occasionally, and some break the rules much of the time. As children, we learn to test adults: We bend the rules of authorities, they act back, we test again. In real life, everything is dynamic and involves conflict. Deviance and Social Control Three types of social control will be looked at. 1. Internal Mechanism (Socialization Process) - individuals are taught what is proper according to their society so they internalize those beliefs and can then control their own behaviour. They become self governing through internalization and it is ingrained in them or second nature. 2. External Mechanism further divided into Informal social control - individuals controlled by the group to which they belong and by the reactions of others to their perceived behaviour. They use ridicule, hostility, ostracism, cold shoulder, raised eyebrows and other informal actions to keep them in line. Even among strangers we may fear social embarrassment. Formal social control - in this case society sets up a system of laws and attempts to induce conformity through the threat of institutionalized punishment. The threat of being caught by the police, being publicly tried and convicted, paying fine, prison or death sentence is a deterrent used. Sanctions -Sanctions are rewards or punishment used to establish social control - that is to enforce the norms in a society. It may range from use of physical force to symbolic means such as flattery. -Basic purpose of sanctions is to bring about conformity, solidarity and continuity of a particular group or larger society. Sanctions -May be physical, psychological, positive or negative. Positive involve ego-bolstering or manipulating the minds of those to be controlled, while negative involve derision or the threat or actual use of physical and emotional pain. Sanctions become norms when a society decides that a much used manner of teaching a norm is the 'right' way. A Typology of Sanctions smile , pats on the back, thumbs up, encouraging word , (informal and positive) Frowns, Avoidance,  Obscene,  gossip , (informal and negative) Awards, Promotion in job, Recognition ceremony, "Teacher of the year" , (Formal and Positive) Fines, Fired from job, Imprisonment, Demotion, (formal and negative) Theories of Crime and Deviance Biological Theories, Psychological Theories, Sociological Theories Biological Theories of Deviance -Cesare Lombroso believed that criminals are evolutionary throwbacks to a more ape-like being ⚫E.A. Hooten, also suggested that criminals were "born" inferior -William Sheldon identified body types- ectomorph, mesomorph and endomorph. Delinquents are more likely to be mesomorphs-a muscular body type -XYY Chromosome Theory attributes criminality to an extra "Y" chromosome in some males -More recent biological theories identify genetic, hormonal and neurological sources of deviance Psychological Theories of Deviance -Psychoanalytic theory is based on the work of Sigmund Freud -Freud suggested that much deviance results from the inability of the ego and superego to control the urges of the id -Behavioral theory suggests that people respond to stimuli, and seek to maximize rewards and punishments -Rational choice theory also emphasizes rewards and punishments, but suggests that people act rationally on the basis of perceived consequences. Sociological Theories of Deviance Anomie and Strain Theory Control Theory Cultural Transmission Theory Labeling Theory Sociological theories on Deviance - Robert Merton's Anomie theory - refers to a societal condition where people feel blocked from achieving the socially defined goals of success through approved means of achieving success e.g., owning a car, house etc. would mean getting an education and a good job. -Strain theory, developed by Robert Merton, builds on Durkheim's ideas - Merton suggested that society holds out universal goals of material success; however, society does not hold out the legitimate means to attain this success equally across the population. -This results in certain "strain" which can be resolved in one of several way Merton's Mode of Adaptation: -Conformity - people accept legitimate goals set by society ad have access to approved means. They continue to accept goals and means, even though failure is the likely outcome -Innovation - the response when a person accepts goals set by society but rejects socially acceptable means, e.g., finding another (legal) way of making money or commiting crime -Retreatism - a person rejects both means and goals and 'drops out of the rat race' e.g., alcoholics, drug users, the homeless, suicide Sociological theories on Deviance -Rebellion - rejection of both means and goals by people who wish to replace socially approved goals and means with an alternative system (for example political radicals or terrorists) they challenge the system. -Ritualism - people conform to society's means, but may lose sight of own goal and becomes obsessed. Merton's Typology of Adaptation to Strain Mode of Adaptation  Conformity - culture’s goal ( accept), Institutionalized means ( accept) Innovation - culture’s goal (accept), Institutionalized means (reject) Rituals - culture’s goal (reject), Institutionalized means (accept) retreatism - culture’s goal (reject), Institutionalized means (reject) Rebellion - culture’s goal (reject, replace with alternative), Individualization means ( reject, replace with Alternative) Edwin Sutherland Differential Association - people learn norms, values etc. through associations and interactions with others. So therefore if the individual who you associate lie, cheat and kill you will become like him or her. It may depend on specific variables: frequency, duration, priority and intensity. It is not necessarily an expression of needs and values. Not all homeless people, for example, steal in order to eat. Social Control Theory Control theory maintains that we all have the capacity to commit deviant acts; however fear deters most people don't commit deviant acts, because of a "bonding" to conventional society. Travis Hirschi identifies 4 elements to this social bond: -Attachment to others-e.g., emotional attachments to parents, teachers -Commitment to conformity-investment of time in conforming behavior such as school, sports -Involvement in conventional activities-leaving little time for deviant activities -Belief in validity of social rules-acknowledging the moral authority of law and rules Sociological theories on Deviance -Cultural Transmission - this is similar to differential association because it is theorized that one is becomes a criminal because that is the culture in which they grew up in. -The culture of crime and violence is deeply entrenched and pervasive. Criminal activities are supported and facilitated in far too many communities. Criminals are supported in their communities; the popular music glamorises criminal activity and the wider society condones many activities not normally accepted in modern, civilised societies. Labeling Theory -Labeling theory shifts the focus from why people engage in deviant acts to: -how and why certain acts are defined as deviant in the first place -how and why certain individuals are labeled deviant the impact of the label on future behavior -Labeling a primary deviant as a criminal may lead to secondary deviance. In other words, labeling may stigmatise a person, and the person's response, may be to commit further acts of deviance, thereby leading to a self-fulfilling prophecy. Crime & Violence- The Jamaican Perspective -The study of crime must take account of the broad definition and not only offences against the person -Offences against the Person are critical but in some instances these crimes are linked to other breaches of the law -The correlation between different types of crimes committed must also be analysed -The objectives of the analysis of crime data are to provide information that will assist in defining and implementing strategies that will lead to behaviour modification. (STATISTICAL INSTITUTE OF JAMAICA) Classification of Crimes Committed Offences Against the Person Murder Shooting Rape & Carnal Abuse Robbery Manslaughter Infanticide Suicide Felonious wounding Offences Against Property Burglary Hose Break-in Other break-in Larceny or person Praedial larceny Larceny of Motor vehicles Larceny from Motor vehicles Larceny from dwellings Other types of larceny Miscellaneous Breaches of the Firearm Act Fraud Arson Dangerous Drugs Act Other offences Jamaica's Crime Rate & Statistics -Jamaica: homicide rate 2014-2022 Jamaica is one of the most violent countries in the Caribbean. -In 2022, there were approximately 52.9 homicides per 100,000 inhabitants in the island nation. This was highest homicide rate in Latin America and the Caribbean that year. (JCF, Nov 2023) The Gleaner: Published,Thursday | October 8, 2015 | 9:48 AM More than 11,000 Jamaicans were deported from the United States, the United Kingdom, Canada and several other countries between 2010 and 2014. Amid the controversy over the proposed prisoner transfer deal between Jamaica and the UK, data from the Economic and Social Survey of Jamaica show that 11,886 Jamaicans were deported for various criminal and immigration violations over the 5-year period. Some Related Factors -Home & Community There is the need to understand the contributory factors that lead to criminal and other violent behavioural practices: -The role and impact of the family and the wider community need to be understood; -The dominance of young males as the victims and the perpetrators of major crimes; -The correlation between crime and the other social indicators, e.g., education, skills level, health -Motor vehicle accidents and the fatalities associated therewith are affecting the same population age group - young males. Politics, Crime and Dons It is well known that in some communities in Jamaica gunmen and dons have aligned themselves to political parties. It was fashionable for politicians to attend the funerals of dons and gunmen. This practice may have stopped, but there is still a strong association between criminal elements and the political parties. It may be difficult for the political parties to prevent infiltration of its ranks by criminal elements, as these are real people who live in our communities. However, the parties must make a greater effort to dissociate themselves from criminal elements Crime Statistics - Source and Issues -Crime Statistics are gathered from the administrative records of the Police system island wide & published by the Police Statistics Unit: -The issue of coverage needs to be addressed - not all crimes are reported, particularly those that occur within the home and when reported, the victim and or the witness is not always forthcoming. -There are no standards for the collection and retrieval of crime the data. -The system is largely manual - efforts are being made to go electronic. Crime Rate Statistics -According to the United Nations Office on Drugs and Crime (UNODC 2010), the homicide rate remains the highest in the world. -Crime in Jamaica is exacerbated by the entrenchment of organised crime and drug trafficking which have a debilitating effect on the country. -In a context of high unemployment and widespread poverty, the absence of the governance in many inner-city communities has created a vacuum allowing organised criminal leaders and drug traffickers to run an alternative system of local governance. In a 2010 report by the United Nations Office on Drugs and Crime (UNODC) titled, "Crime, Violence and Development: Trends, Costs and Policy Options in the Caribbean," the region was shown to have the highest murder rate in the world. The rate, at 30 per 100,000 population annually, is unfortunately on an upswing. The highest homicide rates internationally were in countries such as Guatemala, Venezuela, Jamaica, Belize, Trinidad and Tobago and Honduras - Increasing rates in these countries may be linked in particular to the challenges of organized crime, drug trafficking and gang activity. The Justice System The inadequacy of the justice system to cope with the increasing number of cases has resulted in: -Cases not being disposed of in a timely manner and there is a growing backlog; - Because of the delays in trial, some persons are detained for inordinately long periods; Citizens loose confidence in the system and are inclined to apply "vigilante justice" in some instances e.g., praedial larceny & carnal abuse; - Witnesses are not always willing to come forward to give evidence & some have no confidence in the witness protection system - the trial of some cases are compromised. The Penal System -The Correctional Institutions are all overcrowded. -The buildings and the operating systems are old and in need of refurbishing. -The rehabilitation programmes are being upgraded to offer life skills and earning skills. Impact of Crime & Violence -Areas are feared and there usually is steady migration out of these areas -The infrastructure is underutilised -Growth of informal land settlements, mainly the urban centres, with high population densities provide a haven for criminal activities and make policing difficult -In violence prone communities, economic and social activities have been considerably reduced, schools are under-populated and when there is a "flare-up" of violence businesses and schools close. Impact of Crime & Violence -Persons who reside in these communities do not provide their correct addresses when seeking jobs - the fear of being discriminated against in the selection process; -The social fibre of the families are being affected as the perpetrators and the victims of crime are mainly young males; -Growth in private security companies and "gated" communities; -Greater difficulty in data collection - concerns for safety of interviewers and the communities. challenge of gaining access to gated communities. Recommendations - Other Areas -The Judiciary -The system needs to be strengthened so that cases can be heard and resolved in shorter periods -The laws need to be reviewed - particularly in relation to application of sentences where there is conviction. -The Penal System - -The system needs to be modernized and the overcrowding reduced. Recommendations - Other Areas The Society- -The social and cultural factors that contribute to aggression, violence and criminal tendencies within the society have to be studied. Gender issues must be studied and understood; gender inequalities addressed. -The strategies used by the Police and the Military in crime management & apprehension need to be reformed. Recommendations - Other Areas -Legislative - -Legislative reform in respect to offences against the person need to be gender neutral to address the growing problem being experienced by males - e.g., issues of rape, carnal abuse and indecent assault. There is the need for legislation that will allow for monitoring, over a specific period of time, of "deportees" with criminal records. Recommendations - Other Areas The International Community is required to - Develop a standard classification for crime statistics; -Develop and provide guidelines for the collection and analysis of crime statistics; -Develop and provide guidelines for the conduct and analysis of victimisation surveys; -Set targets and direct strategies for intervention at the national level in the same way that the MDGs were developed to address poverty reduction. Conclusion -Social Control has to be reemphasized in the society to bring order and maintain standards and discipline. The break down of the family unit has greatly influenced way of life and socialization which must be addressed urgently. -The impact of urbanization must be used in a positive manner; as knowledge increases, people ought to be wiser and use the new knowledge and technology to make society better.