The Study of Crime and Social Control

advertisement
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
Download