Deviance, Crime, and Social Control PDF
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Clark State College
Kabo Jameson
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These notes cover topics related to deviance, crime, and social control in sociology, as taught at Clark State College. The notes are in a presentation format, including diagrams. They look at various theories, case studies, and examples.
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lOMoARcPSD|34786144 Ch 7 Deviance Crime & Social Control Sociology 101 (Clark State College) Scan to open on Studocu Studocu is not sponsored or endorsed by any college or university Downloaded by Kabo Jameson ([email protected]) ...
lOMoARcPSD|34786144 Ch 7 Deviance Crime & Social Control Sociology 101 (Clark State College) Scan to open on Studocu Studocu is not sponsored or endorsed by any college or university Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 INTRODUCTION TO SOCIOLOGY 3E Chapter 7 DEVIANCE, CRIME, AND SOCIAL CONTROL PowerPoint Image Slideshow Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 FIGURE 7.1 Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 CORPORATE, FINANCIAL, OR “WHITE COLLAR” CRIME Wells Fargo committed fraud by opening up accounts and credit cards without customer consent. This resulted in thousands of people with improper fee charges, lowered credit scores, or even repossession of property. Many Wells Fargo employees lost their jobs (including 5,300 salespeople and CEO John Stumpf). Wells Fargo paid fines and agreed to new practices. However, no one was charged with a crime even though over 3 million customers were affected. Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 Q: WHICH OF THE FOLLOWING CRIMES SHOULD BE PUNISHED MOST SEVERELY? A. A burglary of an unoccupied home that took approximately $8000 in cash, jewelry, and electronics, and resulted in a broken window and door that cost $2000 to fix. B. A phone-based insurance scam that took $26,000 from a family. Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 Q: WHICH OF THE FOLLOWING CRIMES SHOULD BE PUNISHED MOST SEVERELY? A. A mugging that took $80 cash and a $700 cell phone from a person B. A string of nonviolent home robberies that took a total of $38,000 in property from three families. C. A ransomware attack that took $1.5 million from a mid-sized company. D. A corporate scam that took $200 from each victim, with a total of 70,000 victims. Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 DEVIANCE: DEFINITIONS AND CONTEXTS Deviance is a violation of contextual, cultural, or social norms. Deviance may be considered “in the eye of the beholder” or relative. Certain behaviors or actions are never acceptable, but many actions may be deviant in some environments and accepted in others. Speaking loudly and telling jokes during a religious service: Usually Deviant Speaking loudly and telling jokes at the gathering after the service: Usually okay. Deviance may or may not equate with laws or formal rules. Note: While the everyday connotation of “deviance” is generally negative, the sociological definition has less to do with judgment and right/wrong than it has to do with going against the norm. For example, some acts of courage may be considered deviant because they are different or uncommon – that doesn’t make them bad. Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 CHANGING PERCEPTIONS OF DEVIANCE Marijuana: Historically, not criminalized or significantly controlled in the U.S. With the arrival of immigrants from Mexico and other Spanish- speaking countries, the substance was associated with deviant behavior. Myths and rumors related marijuana use to crime and especially risk to American youth. It was widely criminalized by the 1930s; by the War of Drugs it led to prosecution and incarceration of many Americans. Now that it has been used by many people in power and is also known as a significant medical resource, marijuana is being approved for medicinal and/or recreational use in many states. Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 CHANGING PERCEPTIONS OF DEVIANCE LGBTQ people and relationships: Same-sex intimacy and sexual acts were criminalized by all states until the 1960s and 1970s. And such criminalization stood in some states until a 2003 Supreme Court decision. Other laws made it illegal for people to dress in a manner that didn’t align with their sex assigned at birth. These laws and institutional discrimination against LGBTQ people led to mistreatment and violations of rights. Gay men who had served in WWII were dishonorably discharged, leaving them ineligible for benefits and unable to build on their service for their careers. LGBTQ people were targeted by counterintelligence for being risks for Soviet infiltration. LGBTQ people, especially transgender people, were often brutalized and humiliated by police. For example, police would visually confirm someone’s gender in public. Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 CHANGING PERCEPTIONS OF DEVIANCE LGBTQ people and relationships: Despite that history of oppression, LGBTQ people and their allies continually pushed for rights. In 1973, the APA changed its classification of homosexuality so that it no longer is considered a disorder. More recently, the APA has been more supportive of LGBTQ rights, such as opposing “conversion therapy” for people and doing more to support the transgender community. The repeal of the Defense of Marriage Act made same-sex marriages legal across the U.S., and the 2020 Supreme Court decision effectively made it illegal to discriminate against LGBTQ people in the workplace. While LGBTQ people are generally far more included and accepted into U.S. society than in decades past, significant challenges remain. (These topics will be explored more deeply in chapter 12.) Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 SITUATIONAL PERCEPTIONS OF DEVIANCE: LEGALITY AND ACCEPTANCE OF GAMBLING Gambling in excess is typically seen as deviant and sometimes harmful. But gambling on a smaller scale is generally not seen as deviant. Many people – including public figures – are known to bet on sports, visit casinos, and undertake other forms of gambling. That level of gambling is not typically seen as deviant. However, until recently, gambling in many forms was severely restricted in the U.S. It was legal in certain geographic areas, and most of those had limitations and careful monitoring. So, while those laws were/are in place, many people engaging in gambling were essentially breaking the law. Were they deviant for gambling itself? Were they deviant for breaking the law (even though the act itself wasn’t deviant?) How does this apply to other laws and behaviors? Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 FIGURE 7.3 A hearse with the license plate “LASTRYD.” How would you view the owner of this car? (Photo courtesy of Brian Teutsch/flickr) Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 SOCIAL CONTROL Social Control is the regulation and enforcement of norms Social Order is an arrangement of practices and behaviors on which society’s members base their daily lives Sanctions are the means of enforcing rules Positive Sanctions are rewards given for conforming to norms Negative Sanctions are punishments for violating the norms Informal Sanctions are sanctions that occur in face-to- face interactions Formal Sanctions are sanctions that are officially recognized and enforced Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 FUNCTIONALISM – EMILE DURKHEIM: THE ESSENTIAL NATURE OF DEVIANCE Deviance can help society progress. It can challenge people’s current views. For example, participating in a protest that involves marching and showing signs outside of a business that mistreats its workers is a deviation from social norms, but it can bring awareness and improve the situation. It can reaffirm social norms through punishment. When someone is prosecuted and punished for committing a crime, it helps provide an example for others that crime is not tolerated. It can lead to societal cohesiveness through the “collective consciousness.” “A crime is a crime because we condemn it.” How would Durkheim respond to the gambling example – is it a crime if we don’t condemn it? Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 FUNCTIONALISM – ROBERT MERTON: STRAIN THEORY Strain Theory is a theory that addresses the relationship between having socially acceptable goals and having socially acceptable means to reach those goals Conformity: Those who conform choose not to deviate. They pursue their goals to the extent that they can through socially accepted means. Innovation: Those who innovate pursue goals they cannot reach through legitimate means by instead using criminal or deviant means. Ritualism: People who ritualize lower their goals until they can reach them through socially acceptable ways. These members of society focus on conformity rather than attaining a distant dream. Retreatism: Others retreat and reject society’s goals and means. Some people who beg and people who are homeless have withdrawn from society’s goal of financial success. Rebellion: A handful of people rebel and replace a society’s goals and means with their own. Terrorists or freedom fighters look to overthrow a society’s goals through socially unacceptable means. Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 FUNCTIONALISM – SOCIAL DISORGANIZATION THEORY Social Disorganization Theory is a theory that asserts crime occurs in communities with weak social ties and the absence of social control. Stresses nurture over nature: A person isn’t born as someone who will commit crimes but becomes one over time, often based on factors in their social environment. Robert Sampson and Byron Groves found that poverty and family disruption in given localities had a strong positive correlation with social disorganization. This is why many efforts to reduce crime and improve environments include education, community engagement, mental healthcare, and financial support. Sometimes, this can have negative consequences such as rising cost of living for residents (gentrification). It can also explain why some cities/states allow parents to send their children to school in other neighborhoods – for equity. Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 CONFLICT THEORY Marx’s Conflict Theory: social control is directly affected by the strength of social bonds and that deviance results from a feeling of disconnection from society C. Right Mills’ Power Elite: Decisions regarding deviance and crime are made small group of wealthy and influential people at the top of society who hold the power and resources. How does this theory relate to the example of corporate crime? The text provides and example of NFL players convicted of domestic violence. From 2000-2019, 51 NFL players were convicted of domestic violence. They were collectively sentenced to a total of 49 days in jail, which is thought to be far lower than the collective sentences of 51 other people convicted of the same crimes. In many cases, the NFL’s or teams’ penalties (suspensions or fines) were more severe than the legal system’s. Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 SYMBOLIC INTERACTIONISM: LABELING THEORY Labeling Theory is the ascribing of a deviant behavior to another person by members of society Primary Deviance is a violation of norms that does not result in any long-term effects on the individual’s self-image or interactions with others Secondary Deviance is deviance that occurs when a person’s self- concept and behavior begin to change after his or her actions are labeled as deviant by members of society Master Status is a label that describes the chief characteristic of an individual Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 TECHNIQUES OF NEUTRALIZATION Sykes and Matza (1957) studied teenage boys who had been labeled as juvenile delinquents to see how they either embraced or denied their labels: The Denial of Responsibility: Rejecting the label by denying responsibility for the action. The Denial of Injury: The person doesn’t see their actions as sgniifant because no one was hurt. The Denial of the Victim: If there is no victim there’s no crime. The Condemnation of the Condemners: An effort to “turn it around on” accusers or oversight by blaming them. Appeal to a Higher Authority: Claim that the actions were for a higher purpose. (Sykes & Matza, 1957) Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 FELONY DISENFRANCHISEMENT AND THE RIGHT TO VOTE Many states practice some form of disenfranchisement, which is the prohibition or restriction of people from voting after having committed certain crimes. Only two states allow everyone to vote no matter what their status regarding conviction or incarceration. Meaning that even people who are currently incarcerated can vote. Only two states completely permanently prohibit voting by every person with a felony conviction from voting. The other 46 states have something “in between”: Some states permanently disenfranchise people with some felony convictions. Some states allow voting once all aspects of the sentence are completed (including parole or probation) Some states disallow voting while incarcerated, but permit it once a person is no longer incarcerated (even if on parole). As discussed in Ch 17, these laws disproportionally prohibit people of color from voting. Downloaded by Kabo Jameson ([email protected]) ACLU MAP lOMoARcPSD|34786144 FIGURE 7.4 Functionalists believe that deviance plays an important role in society and can be used to challenge people’s views. Protesters, such as these PETA members, often use this method to draw attention to their cause. (Photo courtesy of David Shankbone/flickr). Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 FIGURE 7.5 Proponents of social disorganization theory believe that individuals who grow up in impoverished areas are more likely to participate in deviant or criminal behaviors. (Photo courtesy of Apollo 1758/Wikimedia Commons) Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 FIGURE 7.6 From 1986 until 2010, the punishment for possessing crack, a “poor person’s drug,” was 100 times stricter than the punishment for cocaine use, a drug favored by the wealthy. (Photo courtesy of Wikimedia Commons) Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 FIGURE 7.7 Should a former felony conviction permanently strip a U.S. citizen of the right to vote? (Photo courtesy of Joshin Yamada/flickr). Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 FIGURE 7.8 Both underage smoking and underage vaping are either illegal or highly regulated in every U.S. state. If vaping is a crime, who is the victim? What is the obligation of the government to protect children, and in some cases adults, from themselves? (Credit: Vaping360/flickr) Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 CRIME AND THE LAW Crime is a behavior that violates official law and is punishable through formal sanctions Legal Codes are codes that maintain formal social control through laws Distinguishing between deviance and crime: Walking to class backward is a deviant behavior. Driving with a blood alcohol percentage over the state’s limit is a crime. Remember the relativism: Earlier we noted that not all deviance is bad. Some crime, as well, may not be necessarily “bad”: Civil Rights activists violated both norms and laws, but did so at risk to themselves and to improve society. Some laws themselves may be considered deviant by some members of society. For example, when women vote in certain countries, others think it is a violation of customs or religious values. Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 TYPES OF CRIME Violent Crimes are crimes based on the use of force or the threat of force Nonviolent Crimes are crimes that involve the destruction or theft of property, but do not use force or the threat of force Street Crime is crime committed by average people against other people or organizations, usually in public spaces Corporate Crime is crime committed by workers in a business environment or sometimes by people acting in a similar manner or on their behalf. Some corporate crime is committed against individuals (e.g customers or workers), some against other companies (such as rivals or business customers), and some in violation of government regulations designed to protect others. Victimless Crimes are activities against the law, but that do not result in injury to any individual other than the person who engages in them Some people view low-stakes illegal gambling as a victimless crime. Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 HATE CRIMES IN THE U.S. In the United States, there were 8,336 reported victims of hate crimes in 2009. This represents less than five percent of the number of people who claimed to be victims of hate crimes when surveyed. (Graph courtesy of FBI 2010) Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 CRIME STATISTICS 17,000 individual law enforcement organizations, such as city and town police departments, capture their own data. They report “up” to other organizations, with the culmination of these reports going to the Federal Bureu of Investigation in the Uniform Crime Reports. States are now also required to provide data for the National Incident- Based Reporting System (NIBRS), which captures more detailed information on each crime, including time of day, location, and other contexts. All of these reports are based on police-reported crimes. They do not capture all crime, because many crimes go unreported due to fear of retaliation, shame, distrust of police, or unlikelihood of prosecution. National Crime Victimization Survey is a self-report study, which captures voluntary information through surveys and related methods. Self-report studies usually indicate much higher incidence of crime. Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 THE CRIMINAL JUSTICE SYSTEM The Police and Law Enforcement Agencies are a civil force in charge of regulating laws and public order at a federal, state, or community level. The U.S. has no federal police force, but national agencies such as the FBI, Drug Enforcement Agency, Bureau of Alcohol, Tobacco, and Firearms (ATF), and other orgs investigate and mitigate crime. State and local forces coexist with specific jurisdiction, and also mix in sheriff’s departments, park police, and other entities. Some other agencies have investigative but not enforcement jurisdiction: For example, the Security and Exchange Commission regulates financial dealings and investigates crimes and other issues. But they need to team up with the FBI or another org for arrests and criminal proceedings. Some agencies’ powers aren’t always clear. For example, Immigration and Customs Enforcement and the Border Patrol were used as crowd control and civil unrest enforcement agencies during 2020 protests, despite not being trained for the role. Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 THE CRIMINAL JUSTICE SYSTEM A court is a system that has the authority to make decisions based on law. Federal court judges are appointed by the president and approved by the Senate. They deal with federal crimes, trade issues, interstate issues, and also the proper application of law itself. State courts handle in-state matters and are divided into several levels. Tribal courts (and tribal justice systems) manage and decide legal disputes and criminal matters on Native American tribal lands. The Supreme Court takes cases mostly dealing with matters of interpreting the Constitution and other laws, after other court levels have been exhausted. In criminal cases, the Court typically interprets whether an agency or a law violates the Constitution, such as the guarantee regarding due process or equal protection. Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 THE CRIMINAL JUSTICE SYSTEM The corrections system supervises individuals who have been arrested, convicted, and sentenced for a criminal offense, plus people detained while awaiting hearings, trials, or other procedures. Consists of local facilities (such as jails), as well as state and federal facilities. People involved with the corrections system include people who are incarcerated (meaning they are forced to remain in a facility), as well as people who have parole or probation status. Parole usually refers to people who are released from incarceration and must accept supervision and refrain from certain activities. Probation is often an alternative to incarceration. The number of people in the U.S. correctional system began a steady rise in the 1970s and 80s until peaking in 2007 at a total of 7.3 million people. As of 2018, the total was 6.4 million, with 2.3 people who are incarcerated. Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 FIGURE 7.10 Figure 7.10 Police use a range of tools and resources to protect the community and prevent crime. As a part of K9 units, dogs search for explosives or illegal substances on trains and at other public facilities. (Credit: MTA/flickr) Downloaded by Kabo Jameson ([email protected]) lOMoARcPSD|34786144 POLICING AND RACE During the era of slavery, the Civil War, and Reconstruction, law enforcement was a core part of oppressing African Americans and maintaining White authority. Particularly (but not only) in the South, laws were passed to limit the rights of Black people. For example, restrictions on gun ownership were rare in the U.S. until gun control laws were passed to prevent Black people (both enslaved and free) from owning firearms. In the 1980s, laws were passed that increased penalties for possession of certain drugs (like crack cocaine) and removed judges’ jurisdiction in sentencing. Civil forfeiture laws, racial profiling training and practices, and other incentives encouraged aggressive policing of people of color; the resulting mass incarceration devastated communities. Police use firearms and other deadly tactics against Black people at a much higher rate than against other races. This OpenStax ancillary resource is © Rice University under a CC-BY 4.0 International license; it may be reproduced or modified but must be attributed to OpenStax, Rice University and any changes must be noted. Downloaded by Kabo Jameson ([email protected])