Crime and Violence

Chapter 5

Introduction

• Americans consistently rank crime among the most serious social problems.

• It is extremely difficult to measure actual rates of crime.

• The early 1970s showed a rapid increase in crime, followed by a leveling off in the 1980s and substantial decrease in the 1990s.

• The extent of the nation’s crime problem is measured by the crime index.

The Nature of Crime

• Definition of the term crime» Crime is any act or omission of an act

for which the state can apply sanctions• The difference between criminal and civil law

» Criminal law: the prohibition of acts and sanctions for their violation

» Civil law: laws that deal with non criminal acts

Police Discretion

• Police discretion and crime» Police discretion in the enforcement of

law is a factor in understanding the nature of crime in society

• Bureaucratic structure of police departments has an impact on police discretion

» Small departments are less likely to formally apply the law in minor situations

» Large departments are more likely to apply the law in minor situations

Police Discretion

• William Chambliss’ study of police discretion of juvenile delinquents in a Midwestern town

• Police bias affects how the police treat youth from the lower-class differently than youth from the middle-class

» Saints - middle class youth» Roughnecks - lower class youth

• Social class and demeanor of the two groups was related to how the police reacted

Problems of Accuracy

• Sources and factors in determining the validity of crime data from police reports

» Not all crimes are reported or known to the police

» Police department policies on policing and the reporting of crime impact the validity of the data

Problems of Accuracy

• Major sources of data on crime» UCR – Uniform Crime Report major

source of official statistics on crime» Self report studies » Victimization reports

Types of Crimes and Criminals

• Violent Personal Crimes» Assault» Robbery» Various types of homicide

• Types of Criminal homicide• Murder - unlawful killing of a human being with

malice and aforethought• Manslaughter - unlawful homicide without malice

and forethought

Types of Crimes and Criminals

• Criminal homicide• Murder rate is higher in large metropolitan areas• Murder rate is higher in the South than in other

regions of the country» Function of a culture that has

legitimized violence and the use of weapons

• Most murderers are male• Most murderers are young, between the ages of 17

and 34

Types of Crimes and Criminals

• Criminal homicide• Most victims of homicide are young• Murder is an intra-racial crime• Most murders are committed by someone a person

knows» Family member» Friend » Acquaintance

Types of Crimes and Criminals

• Criminal homicide• Most murders occur during a quarrel or argument

among people

Types of Crimes and Criminals

• Mass Murderers and Serial Killers• Mass murders are distinguished from other types

of killing by the number of people killed at the same time or over a short period of time usually four or more

• Most serial killers have deep emotional problems concerning sexuality and describe the act of violence itself as thrilling and compelling

Occasional Property Crimes

• Types of occasional property crimes» Vandalism» Check forgery» Shoplifting» Some types of auto theft - joy riding

• Occasional offenders commit crime on an irregular basis

» Occasional offenders do not identify strongly with criminal roles

Occupational (White-Collar) Crimes

• Edwin Sutherland pioneered the research into the study of white-collar crime

» Differential association-white collar criminality is learned in frequent association with other people who are engaging in crime

Occupational (White-Collar) Crimes

• Embezzlement - theft from one’s employer• Donald Cressey’s study of embezzlers identified

three conditions that motivated the embezzler» 1. Unshareable financial problem» 2. Opportunity to steal» 3. Rationalization for conducting the

crime

Occupational (White-Collar) Crimes

• Fraud - obtaining money or property under false pretenses

» Computer crime is on the rise

Corporate Crimes

• Some types of corporate crimes» Environmental » Credit card manipulations» Illegal business practices» Illegal labor practices» Defrauding pension plans» Falsifying company records» Bribing public officials» Computer crime

Public-Order Crimes

• Public order offenses constitutes the largest category of offenders

• Public order offenses include» Prostitution» Gambling» Use of drugs» Drunkenness» Vagrancy» Disorderly conduct» Traffic violations

Public-Order Crimes

• Public order offenders do not identify with criminal roles

• Public order offenses are often crimes without victims - victimless crime

• Enforcement of public order offenses may lead to unsavory policy practices like entrapment

• Public order offenses and the legalization debate

Organized Crime

• Organized crime - crimes committed by a criminal organization

• Large and diversified regional or national criminal organizations

• Rationally planned national and international criminal activities

• Organized crime supplies illegal goods and services that are demanded by a large segment of the public

Organized Crime

• Organized crime• Major sources of organized crime activity are

» Gambling» Loan sharking» Pornography and prostitution» Drug trafficking

• Organized crime can only survive through the corruption of public officials

Conventional and Professional Crimes

• Some conventional crimes are:» Robbery» Larceny» Burglary» Gang theft

• Conventional offenders tend to be young adults» Begin their criminal career early» For some, crime is as a form of thrill

seeking behavior

Conventional and Professional Crimes

• Professional criminals identify strongly with criminal roles and activity

• Criminal activity and crime as a career

• Professional offenders come from the upper strata of criminals

• A rapidly growing area of professional crime is cybercrime: the use of computers and the Internet in fraudulent activities

• The vast increase in the use of credit cards has resulted in an explosion in the crime of identity theft.

Juvenile Delinquency

• Juveniles and criminal intent» Juveniles are held to a lower standard

of intent• There is a separate family court system to handle

juvenile crime» Criminal offenses - behaviors in

violation of criminal statutes» Status offenses - crimes that apply

only to juveniles because of their age, such as running away

Hate Crimes

• Hate crimes - crimes motivated by racial, sexual, national origin or religious hatred

» Sixty-one percent of hate crimes are based on race, 13 percent on sexual orientation, and 10 percent on ethnicity or national origin

Gangs, Guns, and Violent Death

• Violence has been related to:» Increase in gang activity and violence in the

1980s and early 1990s» Drug trafficking in urban areas» Gang related offenses with the use of

weapons» Increased availability of handguns» Economic deprivation of urban areas» The gang problem seems to be worsening

Conditions and Causesof Crime and Violence

• Biological Explanations of Crime• Cesare Lombroso, a nineteenth-century Italian

physician and the born atavist» Concept criminal atavism» Criminals could be identified by

physical stigmata• Genetics and crime

» XYY theory

Conditions and Causesof Crime and Violence

• Biology, Violence, and Criminality• Aggression and violence are part of human nature

» Inherent and instinctual» Neurological or biological

• Biology is not destiny - biological theories fail to take into account the role of environment

Gender and Crime

• Males are two to five times more likely to be arrested as females for various types of crimes

• The gender gap is closing between men and women and crime

» Function of the changing roles of women and greater opportunities to commit crime

Age and Crime

• Age is strongly correlated with crime• Young adults accounted for over 44 percent of

arrests in 2005• Violent Youth Crime• Violent youth crime has gone up at the same time

that overall violent crime has declined in society• The overall decline in violence is in part a

function of the aging of our population

Sociological Explanations of Crime

• Conflict Approaches to the Study of Crime• Conflict theorists focus on the role of inequality

and its relationship to crime• Inequality and crime• Inverse relationship between class status and

crime• Cross-cultural studies indicate there is a

relationship between a rapid increase in inequality and crime

Sociological Explanations of Crime

• Race and Crime• Crime rates vary by race and ethnicity• Overrepresentation of African Americans in

official crime statistics is a function of:• 1. Greater surveillance by law enforcement of

African American communities – racial profiling• 2. Higher rate of African American victimization• 3. Higher concentration of African Americans in

poverty• 4. Social isolation of African American

communities

Sociological Explanations of Crime

• The Functionalist View: Anomie Theory• Robert Merton’s Strain Theory Of Deviance

– Cultural goals & institutionalized means– Deviance is caused by conditions that lead to a

disjuncture between cultural goals and the legitimate means to achieve them

– Merton called that disjuncture anomie or a state of normlessness

Interactionist Approaches: Differential Association and Delinquent Subcultures

• Differential Association – Edwin Sutherland• Criminal behavior is a result of a learning process

that occurs chiefly within small, intimate groups

Delinquent Subculturesand Conflicting Values

• Albert Cohen• Delinquent subculture is based on non-utilitarian

values: • Short run hedonism• Maliciousness• The search for thrills and excitement

• Delinquency is a response to adapting to failure when judged according to middle-class standards

Delinquent Subculturesand Conflicting Values

• Walter Miller - lower class focal concerns and crime

• 1. Trouble • 2. Toughness • 3. Smartness • 4. Excitement • 5. Fate• 6. Autonomy• Focus on lower class

Controlling Crime

• Social Control - is the capacity of a social group to regulate itself according to social standards

• Criminal Justice system and types of social control• Retribution-Deterrence• Retribution is based on the principle that someone

that violates the law needs to pay back society• Deterrence focuses on how punishment deters

crime

Controlling Crime

• Rehabilitation - involves programs designed to change the behavior of offenders

• Recidivism is high among offenders that have been incarcerated

• Rehabilitation programs are hampered by» 1. A maze of rules and regulations» 2. Prison system and the effect of

deprivation

Controlling Crime

• Prevention - preventing crime before it occurs• Crime prevention is based largely on three

approaches• 1. Influencing the development of non deviants

» Improve housing and job opportunities

• 2. Improve people’s environment» Differential association

• 3. Increase services and programs to prevent crime

Social Policy

• In their efforts to reduce crime, governments at all levels experience more frustration than success

• In 2005, the U.S. Supreme Court struck down the federal mandatory sentencing law

• In 2005, about 10 million violent and property crimes were committed in the United States and only about 20 percent were cleared by arrest

• One of the most controversial yet widespread strategies is plea bargaining

Social Policy

• The Prison Paradox: As crime rates have decreased over the past few years, rates of imprisonment of Americans have increased

• The racial disparities in sentencing in the United States are dramatic: one out of every eight African American males is incarcerated

• Alternatives to Incarceration: The costs of imprisonment are soaring, and probation, parole, and community corrections are becoming more viable options

Social Policy

• Occupational and Corporate Crime• Increase penalties and fines • Legal reform and more rigorous enforcement of

laws• Organized Crime• Increase in FBI personnel to fight organized crime• Surveillance technology and use of informants

Social Policy

• Public-Order and Juvenile-Justice Reforms• Tougher penalties• Community based programs• Gun Control• Stricter gun control legislation• Liability laws