File - Yesenia King

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Chapter 6

Crime and Criminal Justice

What is Deviance?

“It is not the act itself, but the reactions to the act, that make something deviant.”

Howard Becker, 1966

The Problem in Sociological Perspective

Norms: rules and expectations by which a society guides the behavior of its members

Laws: the norms created through a society’s political system

Crime: The violation of laws enacted by federal, state, or local governments

Crime is culturally relative

Crime: The Extent of the Problem

Most people in the US think crime is a serious problem

Fear of crime is a social problem, because it limits the things people do and the places they go

The Problem in Sociological Perspective

Making acts criminal is a political process

Determining which behavior is criminal is a political process

Power: The capacity to achieve goals in the face of opposition

The universal nature of crime: No society exists without crime

Violent Crime: Patterns and Trends

Property offenses account for 88% of all serious offences, while violent crimes against persons account for 12%

Violent crime rose quickly from 1960 until the early

1990s

After that, the trend turned downward

 Stronger economy (may change due to recession that began in 2008)

 Drop in use of crack cocaine

 More police

 Tougher sentences

Aggravated Assault

Aggravated assault accounts for nearly 2/3 of all reported violent crime

Aggravated assault is very much a male crime, with the majority of both victims and offenders being men

Robbery

Robbery involves both stealing and threatening another person, which makes this both a property and a violent crime

This is the least likely of all violent crimes to result in an arrest

 victims usually don’t know a robber so that identification is difficult

National Map

The Risk of Violent Crime across the United States

Property Crimes: Patterns and Trends

Burglary

 only 11% of cases are cleared

Majority of those arrested are male (86%) and under

25 (59%)

Larceny-theft

 includes shoplifting, pick pocketing, purse-snatching

 the most common of all the serious crimes tracked by the FBI (account for 67% of total)

Property Crimes

Motor-vehicle theft

 only 11% of cases are cleared

50% of those arrested are under 25 and 82% are male

Arson

 the arson rate is holding steady

Only 27% are cleared

67% those arrested are under 25 and 84% are male

“Street” Crime: Who Are the Criminals?

Age

 for all offenses, there is a strong link between crime and youth

Gender

In 2007, males accounted for 67% of arrests for property crime

For violent crime, men are arrested in 82% of the cases

Women are more often arrested for larceny-theft, fraud, runaway youth and prostitution

For all serious crimes, the number of women arrested is increasing

“Street” Crime: Who Are the Criminals?

Social class

Research shows that people of lower social position are involved in most arrests for street crime

The link between class and criminality depends on the kind of crime one is talking about

“Street” Crime: Who Are the Criminals?

Race plays a large part in the crime picture several ways

 the deprivation faced by black youths may lead to hostility towards the police and various facets of the

“system”

 prejudice based on race may prompt people to suspect blacks on the basis of skin color

 research suggests that such biases may lead police to arrest African Americans more than whites

Symbolic Interactionism

Labeling theory views an act as deviant only if other people respond to it as if it were deviant; the view that the labels people are given affect their own and others’ perceptions of them, thus channeling their behavior either into deviance or conformity.

 Most people resist being labeled deviant, but some revel in a deviant identity.

 Practice that can set people on different paths in life

Self-fulfilling Prophecy

Refers to something that becomes true because one said it might come true

Crime and Class

Criminal Justice System: Agencies that respond to crime

Data comes from the Uniform Crime Report and

National Crime Victimization Survey .

Police Discretion

Deciding whether to arrest someone or to ignore a particular offense

Social class influences the authorities' reactions affecting who shows up in official statistics

Race, Ethnicity, and Crime

Statistics show that African Americans and Latinos are dealt with more harshly than Whites – from arrest through indictment, conviction, sentencing, and parole.

Even when criminal offense is the same, African

Americans and Latinos are more likely than Whites to be convicted and serve more time in prison than

Whites.

Functionalism

 Functionalists consider crime a natural part of healthy society.

 helps clarify norms & and affirms values

 increases social unity & brings about needed social change

Strain theory states that illegitimate opportunity structures encourage some people to commit crime and provide that others will not have the need to.

Robert Merton’s analysis:

Conformists

Innovators

Ritualists

Retreatists

Rebels

Innovation is most often the cause of criminal behavior

Innovators turn to illegitimate means

Cloward & Ohlin (1998) – refined strain theory to emphasize that deviant behavior is not an automatic response but must be learned.

 Illegitimate Opportunity Theory – Explains why social classes have distinct styles of crimes.

Social class and illegitimate opportunities

 Illegitimate Opportunity Structures

 Opportunities woven into the texture of life in urban slums

 Middle and upper classes are not free of crime

 Ponzi Scheme

 Occurs when high investment returns are paid to clients using other clients’ money—not real investment profit

Conflict Theory: Crime and Inequality

Conflict theorists stress that every society is marked by power and inequality.

The Ruling Class

The Working Class: three major groups

 Upper-level managers and professionals

White-collar and blue-collar workers

 Marginal working class

 Law is controlled by the ruling class

 Law is an instrument of oppression.

Conflict Theory: Crime and Inequality

Karl Marx: Class and Crime

Understood social problems in terms of class conflict

Crime was seen as a product of social inequality

Solution to the crime problem is to eliminate capitalism in favor of a more egalitarian system

White-Collar and Corporate Crime

White-Collar Crime:

Any crime committed by respectable and high-status people in the course of their occupation

When white-collar offenders are caught, their cases are usually heard in a civil court, and they rarely go to jail

Corporate crime – crime committed on behalf of organizations (e.g., environmental pollution and gross negligence)

Two major types:

Those committed by employees on behalf of a corporation

Those committed against a corporation

Most of these offenses are tried in civil courts so that no individual is charged with criminal behavior

Professional and Organized Crime

Professional Criminals

People who consider crime to be their occupation

Criminal Enterprise

Crime committed within a highly organized gang

Mafia

Famous organized crime group; made up only of Italians is a myth

Organized crime involves three main elements:

In-group loyalty

Scorn for the values of the straight world

Pride in specialized skills

Political Crime

Political Crime: crime motivated by a particular ideology

U.S. Constitution - First Amendment

Some view political actions of individuals as major social problems, while viewing similar acts by government as acceptable.

Crimes designed to maintain the social order

The Criminal Justice System

Due Process

The criminal justice system must operate within the bounds of law.

No person can be “deprived of life liberty or property without due process of the law”

The U.S. Constitution

Courts

In principle, the U.S. court system is an adversarial process by which the prosecutor presents the state’s case against the suspect and the suspect’s attorney presents a defense

Courts

The reality of justice, however, is something much different.

90% of criminal cases are settled through plea-bargaining, a negotiation in which the state reduces a defendant’s charge in exchange for a guilty plea even if innocent, for lesser charge ― encouraged by defense attorneys

While plea-bargaining saves the time and expense of a trial, efficiency doesn’t always produce justice

Poor spend months (even years) behind bars awaiting trial

 Threats of mandatory minimum sentences to get guilty pleas

Judges impose harsher sentences on those who insist on unnecessary trials

Age, employment, and the number of previous arrests affect sentencing

 Number of arrests, not the seriousness of those charges, influences a sentence

The Sting of Justice

Respectability, wealth, and power insulate many lawbreakers.

Assembly-line justice

Plea bargaining has become standard in U.S. criminal justice system.

 Vast majority of cases, people accused of a crime do not receive a trial

Criminal justice system is also slow and inefficient.

Plea bargaining and the inefficiencies of the court system subvert the Sixth Amendment to the Constitution.

Bias in the Criminal Justice System

African Americans are 12% of the U.S. population: 45% of prison inmates

Criminal conviction rates in U.S. vary greatly among different racial groups

Unclear why African Americans are most apt to be arrested and charged

Cannot conclude that the courts are biased for or against minorities or for or against Whites

The evidence is inconclusive.

Social Policy - Crime Control in the US

A criminal justice system may draw on four approaches to punishment:

 Deterrence – emphasizes intimidation, using threat of punishment to discourage crime.

 Retribution – criminals pay compensation equal to their offenses against society.

 Incarceration – removes criminals from society.

 Rehabilitation – attempts to resocialize criminals.

Does Punishment Work?

Some believe that it further brutalizes the society

Criminal recidivism

Subsequent offenses by people previously convicted of crimes.

Juvenile Crime

Juvenile crime refers to violations of the law committed by those less than eighteen years of age.

Juvenile offenders are the third largest category of criminals in the U.S.

Juvenile crime reached its lowest in a decade in

2001. Several factors account for this.

A decline in the demand for crack cocaine.

Gangs have reached truces.

Police have clamped down on illegal guns.

 Repeat juvenile offenders have been given stiffer sentences.

Global Crime

The United States has more violent crime than other industrialized countries – highest murder, rape, and robbery rates.

According to the United Nations Survey of Crime

(1996-2006):

 rape and robbery increased, assault increased, burglary decreased

 homicide declined

General trend in crime suggests that the world is becoming slightly safer.

Politics and Crime: Constructing

Problems and Defining Solutions

Conservatives believe that people raised in strong, law-abiding families are unlikely to commit crime

Most conservatives favor tougher laws, more aggressive policing, and harsher penalties as ways to combat the crime problem.

They believe the key to controlling crime is parents teaching children to make the right choices in a world of pressures

Politics and Crime: Constructing

Problems and Defining Solutions

Liberals believe that many people live in situations that pressure them to break the law

Crime is caused by a harmful environment, particularly living in poverty

To liberals, jobs are the key to a drop in the crime rate

Politics and Crime: Constructing

Problems and Defining Solutions

The radicals believes the real crime of society is tremendous economic inequality

The radical solution begins with a restructuring of the economic and political system toward a more egalitarian social order that can make a real claim to justice

According to U.S. Justice Department (2008):

 12,000 terrorist attacks against noncombatants occurred around the world in 2008.

 40% in the Near East

 35% in South Asia

Terrorism occurs under certain social conditions:

 in politically weak states or in nations that have undergone years of political violence

 in countries with a foreign occupier

 in countries with widespread racial or ethnic discrimination

 in the presence of extreme secular or religious ideologies

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