Running Header: THE STUDY OF CRIME AND SOCIAL CONTROL The Study of Crime and Social Control Name Institution Date 1 Running Header: THE STUDY OF CRIME AND SOCIAL CONTROL ABSTRACT There are many theories about the causes of crime and how people learn to commit crimes. Some of the theories are psychological reasons, biological reasons, lack of parental supervision, and social reasons. After analyzing the possible causes it is necessary to find a solution. By addressing all the possible causes a person commits a crime, as a multidiscipline approach, we stand the best chance of getting to the source of the problem. Keywords: Mens rea, actus rea, social control, positivist, delinquent, criminal 2 Running Header: THE STUDY OF CRIME AND SOCIAL CONTROL The Study of Crime and Social Control Since crime has existed as long as we can trace records, people have been trying to determine why people commit crimes. Theories have been proposed all through the years, some quite bizarre to explain and to solve the problem of crime. According to the Classical Theory, there are two basic tenets to explain why people commit crimes. First is that people make the choice to commit a crime and second, they know exactly what they are doing when they do the offense. (Hollin, 2004, 3). This theory is based on the idea that people have a free will and generally are rational beings. When exercising this free will, any number of choices are possible, including “wrong” choices, selfish choices, and sometimes criminal choices. Crime is one of the outcomes of people’s rationality and free will. The Classical Theorists believe that punishment can be a deterrent for crime, if metered out in a graduated system where the punishment is increasingly harsher, depending on the level of crime committed. As the possible punishment looms as outweighing the benefits derived from the crime itself, then the inclination to offend will diminish. (Hollin, 2004, 2). In recent decades, of course, more modern theories have been developed to explain crime. And, as crime seems to increase over the years, the number of theories has grown exponentially. A short discussion of some of these modern theories follows. 3 Running Header: THE STUDY OF CRIME AND SOCIAL CONTROL Positivists use science and empirical data to try to uncover factors in each individual or group to explain criminal behavior. They are of the opinion that each person that commits a crime has his or her own “story to tell” and therefore, an explanation of reasons why they chose crime. Some of the positivist have psychological explanations, from personality traits to body dysmorphia. Each person, in this theory, has psychological factors which affect the rational thinking and following that, the rational thought processes. Psychological theories of crime point to individual differences in behavior which make some people just more likely to do criminal acts. These differences may arise from personality characteristics, biological factors, or social interactions. Sigmund Freud wrote that all humans have certain natural impulses that were hidden in the unconscious. He also wrote that all people have the tendency toward criminal behavior. But, he also said that these tendencies can be lessened by what is learned socially and through family interactions. (Freud, 1961) Biological explanations for criminal behavior, while considered one of the modern theories, and was actually one of the most studied and published theories, seems to read close to ridiculous to most scientists today. Yes, some of the earliest positivists absolutely believed that criminal behavior was a result of genetic defect, and had little to nothing to do with free will or rational thought. Earnest A. Hooten, a Harvard scholar, claimed to have discovered that criminals have significant biological differences from non-criminals. He went so far as to determine certain body types as more likely to commit certain crimes. (Hooten, 1939). 4 Running Header: THE STUDY OF CRIME AND SOCIAL CONTROL Another biological theory used three major body types (somatatypes) to explain criminal theory. Certain body types, which were termed mesomorphs— the more athletic, muscular builds, were allegedly more likely to commit crimes that the tall thin body types, or the soft, rounded types. (Sheldon, 1940) Though many feel that Sheldon’s theories were ridiculous, recent biological theories of crime research has replicated this believed link between criminal behavior and body type. Social control theory rests on the idea that social and cultural forces are the main contributor to criminal behavior. And this is the theory that will be more fully examined in this essay as it relates to the study of crime and the learned behavior of crime. It is important to set out the elements of a crime. There are actually only two. The first element is the “guilty mind”, and the second is the “guilty act.” These are often referred to as the “mens rea” and the “actus rea”. There is the exception of strict liability crimes, but this is a very small exception to the necessary elements. A guilty mind, or “mens rea” means that the actor has to be aware that he or she is doing something wrong. It is not necessary that the person appreciate the seriousness of the crime or the possible punishment if caught and convicted. It is only necessary that the person know the act is wrong. An example would be that if a person threw a rock at someone and it seriously injured the person, a very serious criminal charge might be brought. Although the perpetrator might not have considered or known the possible 5 Running Header: THE STUDY OF CRIME AND SOCIAL CONTROL outcomes, he or she knew that throwing that rock was wrong. Therefore, the “guilty mind” element was met. And since the rock was thrown, the “guilty act” was completed also. For another example, consider someone who spends a great deal of time planning someone’s murder down to the last detail. This person lives and breathes for the day he can carry out this crime. He knows it’s wrong and plans to do it anyway. He has not committed a crime because there has been no action in furtherance of the crime. Thinking, planning, and scheming to commit a crime does not meet the “guilty act” element. Though we often think of crime as destroying people or costing thousands or more in property, crimes often cost the victim very little and it follows then, that the criminal also gains little. But, no matter the cost, a crime still affects people and still requires that the criminal face the appropriate penalties. The emotional damage and psychological damage can never really be quantified yet is still a cost of the crime. An elderly woman who has her purse snatched might only lose $5.00, yet might spend the rest of her life in fear of going shopping or even leaving the house. The “purse snatching” example also demonstrates a criminal event that takes little to no preparation by the perpetrator. This is an event that could be an impulse—where a person commits a crime really without even thinking. Impulsive actions can actually be more devastating that well thought out and planned burglary or other crime. These are called “crimes of opportunity”. We have all seen documentary shows on television that show someone just walk 6 Running Header: THE STUDY OF CRIME AND SOCIAL CONTROL up and rob an undercover cop acting as an impaired person. Another show films a “bait car” with the keys left in it, and waits for the inevitable passerby to jump in and drive it away. If the opportunity presents itself, a person who makes the split second decision may commit a crime. And, that crime could be devastating. What if the person who jumps in the stolen car, in his haste, hits a pedestrian? What if, in a hurry to rob a drunk, a knife comes out? We have previously discussed a number of theories of crime. But one of the most common explanations of the nature and causes of crime focuses on the explanation that it is a conscious response to the stressors of their life, to the social atmosphere where they live, and to the disintegration of the social order of the past. Cultures can be very different in their values and customs obviously. Most societies do have laws and a set of rules, written or unwritten. Certain behaviors are crimes no matter what the culture and no matter what the method of law enforcement. Those who study the origins of crime have found that certain offenders are simply born into a situation that lends itself to crime. They have found that those born into an element of extreme poverty are more likely to engage in criminal behavior. Poverty, itself, could be the impetus for some to steal, rob, or otherwise break the law to try to get necessities or even luxuries. Following that, the added stress of the environment and perhaps an all around 7 Running Header: THE STUDY OF CRIME AND SOCIAL CONTROL sense of despair, would only add to the problem. Others argue that if this were true, all poor people would be criminals and that, of course, is not true. Aside from poverty, many have blamed crime on the lack of parental supervision and the setting of boundaries. This would also include schools that have no control over the students. Neither of these things are definite roads to crime, but a lack of structure and of teaching any form of self control, would seem to be a problem. Drugs and alcohol pay an obvious role in the cause of crime. The need for a great deal of money to purchase the drugs push people into crime, from theft to prostitution and young people are as vulnerable as any group. (Hirschi T. , 1998) Those who are under the influence are known to have little to no judgment or could even be delusional, which opens the door to criminal activity. When a child grows up without goals, or with goals they feel they cannot legally achieve, they may turn to illegal methods instead, in desperation. Monetary goals are only one kind to consider. Jobs, homes, nice clothing, marriage, and other things can be goals not achieved. Society places demands on people to aspire to these goals, but only certain paths are legally available to achieve them. Peers can exert a force on young people that no other can even come close to emulating. Peers can form the “ideal” group to aspire to, or they can be a torturing, bullying group which drives a young person to crime or worse. From the time young people met up with each other and became friends, 8 Running Header: THE STUDY OF CRIME AND SOCIAL CONTROL attending school together and “hanging out”, peers have been a force in each person’s life. An extreme form of peer interaction is the gang culture. Young people consider their gang as their family. Loyalty to their gang is held above all else. Crimes are part of the gang culture, whether doing something to get in, or as part of the ongoing business of the gang. Bandura (1973) Elucidating the problems is the easy part. What then, can be done? Often the answer to a problem is a combination of proposed solutions. By looking at the various theories of the origin and causes of criminal behavior, a multidisciplinary approach may be the way to proceed. Every theory has some basis in truth, and some more than others. But, to exclude any of them and ignore a part of the make up of the criminal might be missing the opportunity to address and solve a problem. Social control, as a function of crime, is based on the existence of the law and law enforcement. Laws are the basis for social control in a developed and organized society. It is crucial to have crimes defined and to set out specific punishments, or at least parameters for the punishments to address the criminal activities. Everyone, oddly enough, even the criminals themselves, are in agreement that there should be some sort of a serious deterrent to crimes that affect everyone. Social control falls into four main types: 1. Formal control where punishment is applied by the police or army for breaking the law or a rule. 9 Running Header: THE STUDY OF CRIME AND SOCIAL CONTROL 2. Informal control where antisocial behavior is avoided because the person is influenced by conscience or education. 3. Internal control by using role models such as teachers, parents or mentors who exert a positive influence. 4. Control through the lack of need for committing crimes because the person is satisfied with the status quo. (Hirschi M. G., 1990) The existence of crime itself changes the “landscape” by driving certain parts of the population away, and drawing others into a neighborhood or community. 10 Running Header: THE STUDY OF CRIME AND SOCIAL CONTROL REFERENCES Bandera. (1973). Aggression: A Social Learning Approach. Freud, S. (1961). The Complete Works. London: Hogarth. Hirschi, M. G. (1990). A General Theory of Crime. CA: Stanford University Press. Hirschi, T. (1998). Causes of Delinquency. Berkeley: University of California Press. Hollin, C. R. (2004). Psychology and Crime: An Introduction to Criminological Psychology. Routledge. Hooten, E. A. (1939). The American Criminal. Cambridge: Harvard University Press. Powers, E. (2005). Local Institutions, Crime, and Social Control: A Mixed-Methods Approach. Sheldon, W. H. (1940). The varieties of human physique: An introduction to constitutional psychology. New York: Harper & Brotheres. 11