SOWK 349: Deviance and Social Control Lecture Notes PDF

 SOWK 349 DEVIANCE AND SOCIAL CONTROL LECTURE 1 The Concept of Social Deviance The concept of deviance is defined from many perspectives (Statistical, Legal, Pathological and Sociological). Societies make rules and enforce them. These rules guide and prescribe the behavio...

 SOWK 349 DEVIANCE AND SOCIAL CONTROL LECTURE 1 The Concept of Social Deviance The concept of deviance is defined from many perspectives (Statistical, Legal, Pathological and Sociological). Societies make rules and enforce them. These rules guide and prescribe the behaviours appropriate/acceptable within these societies….what actions are wrong and right (Abotchie, 2017) Generally, deviant behaviour.. “is said to violate important social rules and which is therefore strongly disapproved of” (Lofland, 1969:1). The Statistical Perspective Any conduct that varies from the average (the acceptable norm or behaviour). Statistically a deviant behaviour is seen as an abnormal act from the majority (Abotchie, 2017) Deviant behaviour covers those actions that are numerical minority (where only a few engage in that act). Thus, conformity is defined by the majority behaviour. Based on the premise that something that "everybody does" cannot be in violation of standard norms or conducts. Criticisms of the Statistical Perspective It is overly inclusive and makes everyone a deviant. Deviant behaviour is the act which the minority engages in, which could be law abiding The Legal Perspective Views deviance as any act that is in violation of laws. That act then becomes a crime. Crime refers to acts or omissions which violate the provisions of the criminal legislation (Abotchie, 2017). Any act the law prohibits is deviant, failure to perform an act required by the law is deviant. All acts permitted by the law are those consistent with conduct standards, or conforming. Criticism of the Legal Perspective Narrow and limited in its scope: the criminal code of any society forms just a small part of the norms of the society which includes both folkways and mores. The law is seen by others as an instrument by which the powerful maintain their elite positions and protect their privileges An act may be permitted by law, yet regarded as deviant by society The Pathological (Medical) Perspective In medicine, pathology is the study of the causes and effects of illness Sees abnormal acts as the manifestation of an illness. It sees the individual as the source of deviance. CRITICISM; It could enable criminals to claim diminished responsibility. Sociological Perspective Emile Durkheim, deviance is an inevitable aspect of how society functions or works. It lays the foundation for change and innovation and serves as one of the means for defining and clarifying social norms. Durkheim’s views spell out some of the functions of deviance to be as follows; clarifying norms and increasing conformity, leads to positive social change and strengthens the social bond among those who react to the Deviant. People engage in deviant acts as a result of society being in a state of anomie. Anomie is the social instability arising from an absence of clear social norms and values Sociological Perspective The sociological perspective in Durkheim’s view define social deviance as an act which offends the strong and definite dispositions of the collective consciousness, and which, as a consequence, evokes a punishment. Punishment is an emotional reaction of graded intensity which society exercises through the intermediary of a tribunal on those of its members who committed crimes (Abotchie, 2017) Punishment is the response to crime which involves a loss, administered when a law is broken by someone and used by an authority with a legal system ( Brooks, 2012) Sociological Perspective Robert Merton also views deviant behaviour as a conduct that departs significantly from the norms set for people in their social statuses… Deviant is relative in place, time and circumstances. 1. Time: what was considered deviant many years ago may not be considered as such today. 2. Place: what is acceptable or normal in one society may be deviant or abnormal in another. 3. Circumstance: an act considered deviant under one circumstance may not be considered as such under another. (Abotchie, 2017; 2013). Sociological Perspective From this perspective, deviance is both functional (advantageous) or dysfunctional (disadvantageous). Deviance as dysfunctional (some) Disorganizes society Costly (life, time, money, properties) Inspires negative sentiments Crimes not punished could negatively affect the morale of the law abiders. Sociological Perspective Crime/Deviance as Functional (some) Without crime, society becomes abnormal and risks stagnation. Clarify rules that are unclear. Could relieve emotional upheavals or disruptions Brings about group solidarity Conformists are able to appreciate the value of conformity Social Control The way norms, rules , structures and laws of society are used to regulate the behaviour of people. Social Control is key in ensuring order and conformity in societies. Without social control, society becomes chaotic and confusion becomes the order of the day. Through Socialization (fundamental and most important agency of social control), people are taught from birth the acceptable norms in society, how to think and behave appropriately (Cole, 2019) Types of Social Control There are two types; formal and informal. Formal: Enforced by the state officials (police, military, court, prison etc). Usually for crimes Informal: This is enforced by the family, teachers, colleagues, care givers and peers (Cole, 2019). Usually for folkways and mores Mechanisms of Social Control Persuasion: operated through sanctions which refer to the specific penalty attached by society to the violation of the code of the norms (Abotchie, 2017). There are two aspects of sanctions; rewards and punishment. The rewards are attached to conformity or introduced when one conforms to the acceptable norms and acts (Prizes, state honors, medals, praise etc). Mechanisms of Social Control Coercion: Could be tangible or intangible. Tangible in the sense that the use of physical force or violence by for instance the police and other law enforcement agencies is exercised. Intangible: where certain economic, political, administrative privileges are withdrawn to ensure conformity. Informal controls: Traditional beliefs, taboos, ostracism, ridicule, stigma, witchcraft accusation often compel people to conform (Abotchie, 2017). Delinquency applied to all children who are involved in illegal and harmful acts. A Juvenile is any child who has not completed maturity age as stated in the law of any country. Juvenile delinquency is seen as an unwelcomed behaviour, omission or moral behaviour not socially permitted in any society.  SOWK 349 DEVIANCE AND SOCIAL CONTROL LECTURE 2 Theories of Crime and Deviance There is no single answer to ‘what causes crime’. Attempts have been made to theories the cause of crime. Each theory has its strengths and weaknesses and may be applicable to certain crimes but not others. These theories can be categorized into: Biological theories Sociological theories Biological theories of crime Who is more likely to commit a crime? Biological Positivism theory of crime Locates the cause of crime within the individual and suggests that there are identifiable differences between criminals and non- criminals Behaviour is determined by factors largely beyond individual control. One can determine a person’s character, disposition or behaviour by observing his/her physical characteristics an individual's characteristics and genetic disposition cause them to be criminals. 1. physiognomy/physical trait; 2. genetic/hereditary Physical trait (physiognomy) The evaluation of personality or character through examination of people’s outward physical appearance. Characteristics of the face to judge a person’s nature Giambattista della Porta published ‘On Physiognomy’ in 1586. concluded from research with his patients that “appearance and character were related”. Johann Lavater studied facial fragments in 1783 and concluded that one could detect criminal behaviour through examination of a person’s eyes, ears, nose, chin and facial shape.  Cesare Lombroso known as the father of criminology published ‘The Criminal Man’ in 1876 concluding that some people are “born criminals”. Born criminals have certain physical characteristics or abnormalities that make them different. He called these abnormalities ‘atavistic characteristics’ (from the latin word avatus – meaning ancestor) Offenders are the product of an earlier stage of human evolution where more primitive human existed. Offenders have primitive human physical and mental characteristics (degeneration) and they commit crime because of these biological abnormalities.  Kretschmer published ‘Physique and Character’ in 1925 in which he linked crime with some outwardly observable differences. He identified three body types associated with three personality types. His initial work about the link between different body types and mental disorders  Work later extended to crime and deviance Cyclothemic personality, associated with heavy, soft type of body, lacks spontaneity and sophistication. Commit mostly non violent property crimes Schizothemic (athletic body type) commit violent types of offenses Displastics (mixed group) are highly emotional, unable to control themselves, commit mostly sexual offenses and other crimes of passion. Body type and criminal behaviour Sheldon (1949) built on the ideas of Kretschmer body type can be linked to personality. Sheldon observed human bodies and temperaments. Based on his observations and interviews of hundreds of people, he proposed three body/personality types, which he called somatotypes  Ectomorphs - thin with a small bone structure and very little fat on their bodies. According to Sheldon, the ectomorph personality is anxious, self-conscious, artistic, thoughtful, quiet, and private. They enjoy intellectual stimulation and feel uncomfortable in social situations. Endomorphs - have narrow shoulders and wide hips, and carry extra fat on their round bodies. Sheldon described endomorphs as being relaxed, comfortable, good-humored, even-tempered, sociable, and tolerant. Endomorphs enjoy affection and detest disapproval. Mesomorph - falls between the ectomorph and the endomorph. Mesomorphs have large bone structure, well-defined muscles, broad shoulders, narrow waists, and attractive strong bodies. According to Sheldon, mesomorphs are adventurous, assertive, competitive, and fearless. They are curious and enjoy trying new things, but can also be obnoxious and aggressive.  Sheldon (1949) also conducted further research into somatotypes and criminality measuring the physical proportions of hundreds of juvenile delinquent boys in comparison to male college students, and found that delinquent youth were primarily mesomorphs. Why? - they are quick to anger and don’t have the restraint demonstrated by other body types (i.e. ectomorphs and endomorphs). - mesomorphic body type reflects high levels of testosterone, which may lead to more aggressive behaviour. Genetics or hereditary characteristics Assumes that certain acquired traits can be passed from generation to generation Francis Galton (1822-1911) was interested in finding out whether human ability was hereditary. He studied prominent people to chart their families’ abilities over several generations. Galton published Hereditary Genius in 1869 with the conclusion that human abilities were inherited. Richard Dugdale (1877) documented that crime was a family trait. He published ‘The Jukes: a study in crime, pauperism, disease and heredity’. Traced descendants of Ada Jukes and found that most of the Jukes family members were criminals. Critique of biological theories Rejected as biased and flawed. Unscientific methods used. Many authors in later years retracted their conclusions. Promoted eugenics - “breeding out” so-called undesirable characteristics from the human population. Sociological Theories of Crime and Deviance Sociological Theories on Crime and Deviance crime is shaped by factors external to the individual: their experiences within the neighbourhood, the peer group, and the family. Major sociological theories on crime and deviance include: 1. Anomie/Strain Theory (Functionalism) 2. Differential Association and social disorganisation (Structuralism) 3. Labeling theory (symbolic interactionalism) the theories complement each other as none can provide a holistic explanation on crime and deviance. Anomie/Strain Theory (Durkheim, and Merton) According to Durkheim, society is a system with different components (i.e., individuals). As a system, society must be able to control its components (that is the individuals) to maintain its existence and stability. Durkheim believed that there is nothing inside the individual that can set the limit for our cravings or desires. “[The] more one has, the more one wants to have… (Durkheim 2006: 271). Durkheim stated that there must be something from outside to restrict the desires and control the appetites of the individual. only society can create that external mechanism to restrict the desires of individuals. In his words: “Only society …can play this moderating role, because it is the only moral power superior to the individual whose superiority the individual accepts” (Durkheim, 2006: 272). Pre-modern society - Durkheim In pre-modern society, the focus was on common values, collective conscience and solidarity. Credit: ClipartKey  Credit: Applied Credit: Spiritual blog of Pramod k unification Modern Society : Rapid social change and Individuality Credit: 123RF modern society: - Durkheim The relationship between members of society or the various parts of society become unregulated. individual aspirations become central in society: it will get to a point where there are not sufficient moral constraints in society and the individuals will not have a clear concept of what is acceptable or appropriate (Ritzer 1992:85) According to Durkheim, this is known as a state of anomie. Anomie, or normlessness, is the breakdown and blurring of societal norms which regulate individual conduct.  According to Durkheim, in such a society, many individuals find themselves in a state characterized Anomie in by: Lack of purpose Society Emotional emptiness and Hopelessness.  Robert Merton used the term anomie to describe differences between socially accepted goals and the legitimate means to achieve those goals. According to Merton, society has cultural and Merton and social structures. Anomie The cultural structure defines goals that should be desired by every member of society. It also describes the legitimate means of achieving them  The social structure determines the distribution of established means and decides whether individuals can realistically and lawfully achieve the culturally desired goals. Merton and For instance, most individuals with low status or who occupy lower class in society also share in Anomie: the cultural goals for success. However, such people have limited means to attain the goals for success due to lack of education and job opportunities.  people at the lower levels of society experience a strain or become constrained. Merton and In the end, the strain or constrain may translate into deviance or deviant Anomie behaviour to meet the cultural goal. Anomie occurs because of an imbalance between cultural goals and the legitimate means to obtain these goals.  In every society, it is difficult to say that there is total equality of opportunity since individuals have different socio-economic conditions. What’s the reality? The different socio-economic conditions often lead to inequalities regarding different positions on the path to achieving the cultural goals of success. Adaptations How do people adapt when they experience anomie? to anomie Merton’s five (5) general adaptations to anomie. Conformity Innovation Ritualism Retreatism Rebellion.  Conformists are people who have accepted the cultural goals of attaining wealth or success and they try to achieve it through legitimate means. For instance, the individual who studies hard to obtain a degree or learn a trade, goes through the appropriate Conformity channel to obtain a job, works very hard to upgrade him or herself and later becomes successful in attaining wealth fits into Merton’s definition of a conformist. According to Merton, conformity is the only non-deviant means of adaptation to anomie or strain.  This is the adaptation for those who have accepted the cultural goals of success or attainment of wealth. However, for this category of people, Innovation they try to attain wealth or success through illegitimate means. Examples include robbers, thieves, drug dealers, and people who embezzle funds or deal in bribery and corruption. Ritualism Ritualism – this is the category for people who have abandoned the cultural goals of success or attainment of wealth but continue to use legitimate means to make a living. In other words, these are people are not interested in becoming ‘rich’ but continue to engage in legitimate activities to make ends meet. For instance, the dedicated worker who works tirelessly to contribute to company vision. In most cases, such dedicated workers never advance to management level yet, provide services with a passion without the motive of attaining wealth.  those who have both rejected the cultural goals of society (materialism) and the legitimate means of achieving them. These people are “in the society but not of it” (Merton, 1957). Retreatism E.g. Religious monks/Catholic priests, Nuns and Sisters  those who attempt to change a societal system to their own liking. Rebels replace the dominant cultural goal — such as wealth attainment — with another goal and create their own means of doing so. For example, a terrorist group could use violence to achieve a political goal Rebellion Revolutionists – Taliban, communist Critique of strain theory Focuses on materialism and does not explain why people commit non-material crimes e.g. rape, murder it overemphasizes the role of social class in crime and deviance (Brym and Lie, 2007:197). The theory best applies to lower classes as they struggle most with the lack of resources to reconcile their goals. It does not explain the prevalence of white-collar crimes among the middle and upper-classes. strain theory assumes that people are inherently good; people are driven by social factors to crime and deviance. However, control theory counteracts that all people are bad; people will commit crime and deviant acts unless social controls such as policing were in place (Brym and Lie, 2007:198). Social Learning Theories 1. Social disorganisation theory – Shaw and McKay (1942) Focus on neighbourhood ecological factors (i.e. location matters) a person's residential location is a substantial factor shaping the likelihood that the person will become involved in crime or other deviance affluent areas offered an atmosphere of social controls, whereas areas of low affluence produced an environment conducive to delinquency because of the diversity of the residents. Shaw and McKay studied the association between urban ecological characteristics and juvenile delinquency. physical status economic status population status (1) population change, (1) the number of The diversity of people (2) vacant and families receiving living in an area. More condemned housing, social assistance, diverse with foreign and (2) the median rental born and Blacks, higher price of the area, rate of delinquency (3) proximity to industry. and (3) the number of homes owned rather than rented  Further research evidence on social disorganisation theory Sampson and Groves (1989) tested social disorganization theory using data from a survey of 10,905 residents in 238 localities in Great Britain. They also concluded that “low economic status, ethnic heterogeneity, residential mobility, and family disruption lead to community social disorganization, which in turn, increased crime and delinquency rates” (p. 775). Gaines and Miller (2010) state in their book Criminal Justice in Action that "crime is largely a product of unfavourable conditions in certain communities". high school dropouts, unemployment, deteriorating infrastructures, and single-parent homes.  2. Differential association theory – Sutherland (1947) and Differential Association Reinforcement theory – (Burgess and Akers, 1966) People learn to engage in crime, primarily through their association with others. They are reinforced for crime as they learn beliefs that are favourable to crime, and they are exposed to criminal models. Consequently, they come to view crime as something that is desirable or at least justifiable in certain situations. three mechanisms by which individuals learn to engage in crime from others: 1. differential reinforcement, 2. beliefs, and 3. modelling/imitation. Differential reinforcement of crime. Individuals learn to engage in crime through the reinforcements and punishments they receive for behaviour. Reinforcements may be positive or negative. In positive reinforcement, the behaviour results in something good.(e.g. money, increase in status, high feeling with drug use etc) In negative reinforcement, the behaviour results in the removal of something bad. (e.g. removal of shame, acceptance into a group etc). Crime is more likely to occur when it is: (a) frequently reinforced and infrequently punished; (b) results in large amounts of reinforcement (e.g., a lot of money, social approval, or pleasure) and little punishment; and (c) is more likely to be reinforced than alternative behaviours. Beliefs favourable to crime individuals may not only reinforce crime, they may also teach beliefs favourable to crime. People are taught that crime is bad or wrong, and they "internalize" this belief. some people hold certain values that are conducive to crime, and others learn such values through association with them. When people learn beliefs that are favourable to crime, they are more likely to engage in crime. The imitation of criminal models People’s behaviour are also influenced by the behaviour of others around them. For example, individuals are more likely to imitate others' behaviour if they observe them receive reinforcement for their acts. Individuals often imitate or model the behaviour of others when they have a reason to believe that imitating that behaviour will result in reinforcement. behaviours imitation is determined in large part by the “characteristics of the models, the behaviour observed, and the observed consequences of the behaviour” (Akers and Sellers, 2004: 88). Critique of social learning theory flawed premises that increased associations with deviant peers increases the likelihood that an individual will adopt attitudes and values favourable to criminal conduct through the mechanism of rewards and punishments. Delinquent behaviour or attitudes favourable to it are established before group contact (Akers and Sellers, 2004) Impractical measurement methodology. Crime occurs when associations favourable to crime outweighs associations favourable to conforming. How is this ratio measured? (Matueda and Heimer, 1987) References Akers, R.L. and C.S. Sellers. (2004) Criminological Theories: Introduction, Evaluation, and Application (4th ed). Los Angeles: Roxbury Publishing. Brym, J and Lie, R. J. (2007) Sociology Your Compass For a New World, (2nd Edition). Thomson Wadsworth Gaines, L. K and Miller, R.L (2010) Criminal Justice in Action. Wadsworth Publishing. Matueda, R.L and Heimer, K (1987) Race, Family structure and delinquency: a test of differential association and social control theories. American Sociological Review, 47, 489-504 Shaw, C. R. and McKay, H. D. (1942) Juvenile delinquency and urban areas. Chicago: University of Chicago Press. Labelling theory of crime and deviance  Social construction of crime  meaning arises in social interaction through communication, using language and symbols. interaction between individuals in society is the basis for meanings within that society.  The notion of social reaction, response by others to the behaviour or individual, is central to labelling theory. Negative reaction of others to a particular behaviour is what causes that behaviour to be labelled as “criminal” or “deviant”.  deviance is a social creation. labelling theorists are interested in how certain acts come to be defined or labelled as criminal in the first place.  Howard Becker (1963) puts it – “Deviancy is not a quality of the act a person commits, but rather a consequences of the application by others of rules and sanctions to an ‘offender’. Deviant behaviour is behaviour that people so label”  ‘Moral entrepreneurs’ - powerful individuals and the agents of social control create crime by labelling some behaviours as such.  people react differently to the same act depending on the social context and this influences the label that is placed on the act.  Some examples  Drug use (cocaine and cannabis)  Prostitution  Homosexuality  Murder  self concept is how we see ourselves. Becker argues that this is created by recognising how others see us (i.e. being aware of how we are labelled).  Label reinforced - being labelled as deviant can lead to deviance amplification. Lemert (1951) on primary deviance and secondary deviance. Lemert postulated that after someone carries out an act (primary deviance) the reaction of others can lead to further (secondary) deviance.  master status: the deviant label overshadows all other characteristics of the person. They experience blocked opportunities. In this way, people can become career criminals.  the effects of labelling on those labelled is self-fulfilling prophecy - labelling certain people as criminal or deviant, society actually encourages them to become more deviant (i.e. deviance amplification) through stigmatization and rejection  labelling theory implies that ‘naming and shaming’ should be avoided since it can create a perception of people as evil and, by excluding them from mainstream society, push them into further deviance.  However, John Braithwaite (1989) identifies a more positive role for the labelling process. He distinguishes between two types of shaming:  Disintegrative shaming - where not only the crime, but also the criminal, is labelled as bad and the offender is excluded from society.  Reintegrative shaming - labels the act, but not the actor – as if to say ‘he has done a bad thing’ – rather an ‘he is a bad person’.  Criticisms of Labelling Theory  It tends to be deterministic, but not everyone accepts their labels and continues further deviance  It assumes offenders are just passive and being victimised. It actually ignores the actual victims of crime.  It tends to emphasise the negative sides of labelling (i.e. stigmatizing) rather than the positive side (i.e. reintegrative)  Structuralists reject the idea that there is no such thing as an inherently deviance act. Crime isn’t all just a product of labelling and interactions. There are structural explanations of crime.  Rational Choice Theory  first posited in 1987 by Ronald Clarke and Derek Cornish.  The fundamental concept within rational choice theory is rationality (the role of reasoning in human behaviour)  Rational Choice Theory views crime as the outcome of an individual thinking through the possible rewards and downsides of a criminal act.  No one is coerced into a life of crime. There is a clear conscious choice in becoming an offender (Clark & Cornish, 1987). “Legitimate and illegitimate opportunities are considered and the “best” choice for that individual is made. Sometimes, the rational choice is to offend” (Andresen, 2010, p. 30).  In short, Crime is calculated and deliberate  Criticisms of Rational Choice  too little attention to factors like emotion and impulsivity. criminal behaviour is driven by factors that may even be called irrational at times.  it doesn’t account for non-self-serving criminal behaviour, where there’s a cost but no reward to the individual.  References  Becker, H. S. (1963) Outsiders: studies in the sociology of deviance. New York: The Free Press  Braithwaite, J. (1989) Crime, Shame and Reintegration. Cambridge: Cambridge University Press  Lemert, E. M. (1951) Social pathology: A systematic approach to the theory of sociopathic behaviour. New York: McGraw-Hill. Theories of Social Control  social control is the collective term for those processes planned or unplanned by which individuals are taught, persuaded or coerced to conform to the usages and life values of groups. Social control theories focus on techniques and strategies that regulate human behaviour and lead to conformity or obedience to societal rules. Unlike other theories that seek to explain why people engage in deviant behaviour, control theories take the opposite approach, questioning why people refrain from offending (Akers and Sellars, 2004).  The planned and unplanned processes represent the formal and informal mechanisms of control. There are two categories of social control – the macro and micro- social mechanisms. The macro-social theories explain the formal mechanisms that society as a whole puts in place to ensure conformity and solidarity of its people in order to ensure its continuity. The micro theories focus on the informal mechanisms that induce conformity Macro (formal) mechanisms The legal system – police and court system through the laws enacted and codified by parliament, with the main emphasis on conformity to the laws. Law Enforcement - the implementation of decisions, laws or regulations, enacted by government or a legislative authority. To be able to carry out these decisions requires power. Power is the ability to attain one’s will or goals even against the resistance of others (Max Weber)  Power could be exercised either legitimately or illegitimately. The exercise of legitimate power is known as authority. people accept it as right and less likely to resist Coercion is the illegitimate exercise of power. (An armed robber can use the power of his gun to force a victim to give something away. Micro (informal) mechanisms The micro theories focus on the informal mechanisms that induce conformity. Containment Theory – Walter Reckless it is focused on what stops people from engaging in crime— or rather, what “contains” people. According to Reckless, previous theories of crime and deviance failed to account for youth that did not engage in delinquency in spite of being confronted with pushes and/or pulls toward delinquent ways. Social Bonds Theory – Travis Hirschi 1. Containment Theory (Walter Reckless) containment theory assumes that people are very prone to deviance. Therefore individuals must be controlled or contained from committing delinquent and criminal acts. Reckless argued that interplay between inner self-controls and outer social controls was in part responsible for whether or not an individual would engage in delinquency and criminality. Inner containment and Outer containment (reinforcing each other)  Inner containment (personal controls) - involves the self-controls over behaviour. Reckless believed that these included a good self-concept, ego strength, and developed superego. These qualities serve as inner regulators against delinquent behaviour. self-concept is an important internal buffer against delinquency. Reckless assumed that good and poor self-concept is a reflection of the internalization of favourable and unfavourable socialization. A good self-concept provided youth with a protective shield and/or insulation against delinquency. A poor self-concept had the opposite effect, rendering an individual susceptible to delinquency. Ego and developed superego - one’s conscience and the incorporation of parental values serve to regulate behaviour.  Outer containment (social controls) - deals with the structural buffers in people's proximal, social environment that serve to restrain them. These immediate social constraints included such things as “a consistent moral front to the person, institutional reinforcement of his norms, the existence of a reasonable set of social expectations, effective supervision and discipline, provision for reasonable scope of activity (including limits and responsibilities) as well as alternatives and safety valves, opportunity for acceptance, belongingness” (Reckless, 1961:45). Moral front is based on the fact that people form expectations of each other’s behaviour and when these expectations are not fulfilled there is an expression of disapproval; This serves as indirect control on behaviour - wouldn’t want to disappoint meaningful others by deviant behaviour (i.e. ‘not lose face’) Institutional reinforcement - the fear of punishment or a desire for societal rewards influence the behaviour of people. 2. Social Bonding Theory (Travis Hirschi) Hirschi asserts that ties to family, school and other aspects of society serve to diminish one’s propensity for deviant behaviour. without such bonds, crime is an inevitable outcome (Lilly et al., 1995). Everyone has the potential to at least act in deviant ways, but most people do not do so due to their bonds to society. He proposed four social bonds that promote conformity. These are attachment, commitment, involvement and belief. The stronger these bonds are, the less likely the occurrence of delinquency. In a study of over 4,000 High School students in California, Hirschi found that any weakness in any of the bonds brought about delinquent behaviour.  Attachment - a sense of love and belonging to those both within and outside of the family, including friends, teachers, and co-workers; commitment to activities in which an individual has invested time and energy, such as educational or career goals; involvement in socially approved activities that serve to both further bond an individual to others and leave limited time to become involved in deviant activities; belief in wider social values. These interact to insulate an individual from criminal involvement (Siegel and McCormick, 2006). Attachment The first bond, attachment takes three forms: attachment to parents, to school (teachers), and to peers. According to Hirschi, young men who have formed a significant attachment to a parent refrain from delinquency because the bond of relationship between parent and children becomes a primary deterrent to criminal activities. The parent child bond is greatly enhanced by: A. The amount of time the child spends with the parents, particularly the presence of a parent at times when a child is tempted to engage in criminal activity. The amount of time involved does not refer to the duration but rather the quality of the time spent. B. The intimacy of the communication between parent and child. Intimacy involves encouraging children to discuss issues which they may consider private with their parents. Commitment the commitment of children to their investment in - conventional activities that tie the individual to the society’s moral or ethical code, promotes conformity. These include commitment to educational excellence, or to vocational aspirations and expectations. The greater the aspiration and the expectation, the more likely the individual will avoid delinquency. Involvement involvement refers to the preoccupation of individuals with activities that promote personal interests and the interests of society. The logic of this argument is that a person who is doing conventional things has little or no time for deviant activities. ‘Idle hands are the devils workshop’. Involvement emphasises the need to keep people busy doing conventional activities Belief Belief involves the extent to which an individual considers society’s rules and laws to be important and the violation of these as wrong. The value system of any society entails respect for its laws and for the people and institutions that enforce them. if young people no longer believe that laws are fair and fairly enforced, their bond to society weakens, and the probability that they will commit delinquent acts increases. Individuals who respect society’s value system conform References Akers, R.L. and C.S. Sellers. (2004). Criminological Theories: Introduction, Evaluation, and Application (4th ed.). Los Angeles: Roxbury Publishing. Lilly, J.R., F.T. Cullen and R.A. Ball. (1995). Criminological Theory: Context and Consequences (2nd ed.). Thousand Oaks, Ca: Sage Publications. Siegel, L.J. and C. McCormick. (2006). Criminology in Canada: Theories, Patterns, and Typologies (3rd ed.). Toronto: Thompson. Social Control in Ghana  social control ―the system of maintaining law and order in society and ensuring that members of society conform to the accepted ways of behaviour (Nukunya, 2016) Two systems of social control - formal or Western and informal or traditional exist in Ghana. The introduction of formal social control challenged and weakened informal social control. In all societies, there are three main processes involved in social control namely: Socialization Persuasion Sanctions Informal/traditional social control agents Family and Lineage - Among many tribes in Ghana, the family or the lineage punishes deviants through shame, fines, and hocking (Abotchie, 1997; Ameh, 2001) Chiefs - traditional authorities such as chiefs serve as agents of the informal social control system in traditional settings (Ame, 2018; Chereji & Wratto, 2013; Nukunya, 2016). Chiefs used to pronounce capital punishment.  Religion is an informal social control measure in most traditional African societies for the maintenance of law and order (Chereji & Wratto, 2013; Nukunya, 2016). The belief in the spiritual world such as the belief in the gods and ancestors has been found to keep people from deviating from the values and norms of society. How does religion ensure conformity? Taboos - taboos are also informal social control measures for ensuring societal peace and order (Nukunya, 2016; Onyeozili & Ebbe, 2012). Taboo is anything considered holy, sacred and forbidden. Examples of taboos?  charms - are used as informal social control measures for the maintenance of law and order in traditional African societies. Sunday and Adeokin, (2018) stated that various charms are utilized in African communities as a social control mechanism. charms protect lives and properties of people and ensure social control (Ayuk et al., 2013; Onyima, 2015). The use of charms deters criminals and potential criminals which leads to social order in communities. Examples of charms?  Songs can also play an important informal social control role. Saved from suicide through music  Proverbs and folktales (the famous ananse stories) are used to socialize the young into conforming to acceptable patterns of behaviour Examples of proverbs and folktales Formal social control agents Legal system Parliament – pass laws to regulate behaviour Police – law enforcement to maintain social order Court – pronounce judgement and sanctions for violations of laws Prisons – enforce pronounced sanctions Social control process 1. socialization In all human societies people are taught from early childhood to internalize the norms and values of their society It is expected that through socialization, people can distinguish between right and wrong and do the right things [religion, charms, taboos, proverbs and folktales, music, family/lineage, chiefs/traditional authority – agents of socialization] 2. Persuasion Despite the elaborate system of socialization found in human society, there are still breaches of norms There are always people who do not do what is expected of them as well as what they are not expected to do, hence the need for persuasion Persuasion involves the process of influencing someone or causing someone to re-think about certain deviant behaviours and make a decision to change and conform to acceptable pattern of behaviour 3. Sanctions Reactions of society to behaviours that contravene accepted norms and regulations of the society are sanctions Sanctions are procedures and mechanisms to deal with behaviour that are contrary to the accepted rules of the society or outstanding conformity to the accepted rules Formal system – fines, compensation, imprisonment, retraction and apology, death sentence Informal system – fines, pacification, banishment, compensation, retraction and apology  sanctions can be: Repressive Sanctions: Meant to punish an offender for them to feel some pain (physical or otherwise) so as to serve as a deterrent to others e.g. large fines, imprisonment, death sentence Retributive Sanctions: These are meant to repair or restore damaged relationships among members of the society e.g. pacification, retraction and apology, community sentence  Next week [Juvenile justice in Ghana – children and youth in conflict with the law] Children and Youth in conflict with the law  SDG 16 PEACE, JUSTICE AND STRONG INSTITUTIONS 12 Targets but most relevant to juvenile justice: – End or reduce all types of violence and related deaths – End abuse, exploitation, trafficking, and torture of children – Develop effective, accountable, and transparent national institutions (e.g. juvenile justice institutions) – Strengthen relevant national institutions to prevent violence and combat terrorism and crime – Ensure equal access to justice for all – Promote and enforce non-discriminatory laws Ghana Justice for Children Policy adopted in 2015.  Philosophies of youth justice intervention Interventions have often centred on either a welfare or justice philosophy. welfare philosophy – crime results from family dysfunction, poverty and other psycho-social problems. Intervention is aimed at rehabilitation to meeting the needs of young offenders instead of punishing them for their wrong deeds (Muncie, 2004).  Justice philosophy – based on rational choice theory of crime. People are believed to possess the capacity to distinguish between right and wrong, and should therefore be legitimately punished for crimes committed. It is focused on holding offenders accountable for their crime and punished accordingly irrespective of age. Advocates of the justice philosophy argue that crimes must be proportionately punished to serve as deterrence to others.  Age of criminal responsibility ‘Doli Incapax’ - maxim that persons below the set age of maturity are deemed “incapable of committing a criminal offence” The age at which a person can be held liable and prosecuted for offences. In Ghana – 1960 criminal code set age of criminal responsibility at 12 years. Capacity to consent to crime. Sexual consent is however set at 16 years.  The law differentiates juvenile offenders from adult offenders. Juvenile is under 18 years and in conflict with the law. Criminal prosecution against young people 12-18 years are different from adults. Their matters are handled by specialized panels under the Juvenile Justice Act, 2003.  Arrest and detention When a suspected juvenile is arrested, the police is to try to determine his or her age. If there is reason to believe that the accused is under the age of 18, then the accused must be dealt with differently than adult offenders. The juvenile is not to be kept in the same cell as an adult offender and must be taken to a remand home within 48 hours. The juvenile must be brought to juvenile court within that time.  Bail and Remand Juvenile Justice Act (Section 21) permits granting bail to juveniles. If bail is approved, a surety may be required of a parent or guardian to ensure that the juvenile will return to court. The amount of bail that is fixed shall not be excessive or harsh. Bail may be refused if it is satisfied that the juvenile (a) may not appear to stand trial, or (b) may interfere with a witness, the evidence or hamper police investigations, or (c) may commit a further offence when on bail.  If bail is not approved, the juvenile is sent to the nearest remand home or remanded to the care of parents, guardian or other fit persons. Remand order can only be made for a maximum period of 7 days. After this time, the juvenile must be brought back to court and be present for the extension of the remand warrant. The entire stay at the remand home must not exceed 3 months except if the offence is punishable by death, then remand shall not exceed 6 months.  The Juvenile Court The may divert minor offence cases to child panels and try serious offence cases. The juvenile court is made up of a panel of three comprising a magistrate, a social welfare officer, and a lay person who must be sworn in before the High Court in the Region before being allowed to start work ( Judicial Service of Ghana, 2018).  Juvenile Court proceedings are usually informal and held in private. The complainant and accused will stand and the charge sheet will be read. A plea is taken and recorded. If the accused pleads guilty, the judge will order social worker to prepare a Social Enquiry Report before sentencing.  If the accused pleads not guilty, then a trial begins. All applicable parties must be present for the trial: the police prosecutor/the investigator, the complainant, any witnesses, and the accused and his lawyer. During the trial – questions and cross- examinations. According to the Juvenile Justice Act, the entire case cannot go beyond 6 months. Is this timeframe usually achieved amid Adjournments/No shows? What happens after 6months?  If the accused is found guilty, a Social Enquiry Report must be completed before sentencing. In most cases, the court accepts the recommendations in the social enquiry report. However, in some cases, the court may reject the recommendations. If this happens, the judge must provide a written reason why the recommendations in the social enquiry report are not being followed.  Custodial Sentences Juvenile Justice Act 2003 has laid out maximum sentences at a correctional centre. JCC – 12-17 years; SCC – 18-21 years 3 months for a juvenile under the age of 16; 6 months for juveniles between 16 and 17 years of age; 24 months for a younger offender over the age of 18; 3 years for a serious offence. If a juvenile has committed a serious offence then they may be sentenced to time at a Senior Correctional Centre even if they are 16/17 years of age. serious offences include: murder; rape; defilement; indecent assault involvement unlawful harm; robbery with aggravated circumstance; drug offences; and offences related to firearms.  Non-custodial sentences Payment of fines Supervision by probation or fit person Discharge (conditional or unconditional) Where determination exist failure can not dismantle the flag of success. ADUHENE EMMANUEL(ATENTEBENHENE) 0542544913 [email protected]