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The Explanation Of Criminality Essay Research Paper

The Explanation Of Criminality Essay, Research Paper


From a sociological perspective, explanations for criminal-


ity are found in two levels which are the subculture and the


structural explanations.


The sociological explanations emphasize aspects of societal


arrangements that are external to the actor and compelling. A


sociological explanation is concerned with how the structure of


a society or its institutional practices or its persisting


cultural themes affect the conduct of its members. Individual


differences are denied or ignored, and the explanation of


the overall collective behavoir is sought in the patterning of


social arrangements that is considered to be both “outside”


the actor and “prior to him” (Sampson, 1985). That is, the


social patterns of power or of institutions which are held to


be determinative of human action are also seen as having been


in existence before any particular actor came on the scene.


In lay language, sociological explanations of crime place the


blame on something social that is prior to, external to, and


compelling of any particular person.


Sociological explanations do not deny the importance of


human motivation. However, they locate the source of motives


outside the individual and in the cultural climate in which he


lives.


Political philosophers, sociologists, and athropologists


have long observed that a condition of social life is that not


all things are allowed. Standards of behavior are both a pro-


duct of our living together and a requirement if social life


is to be orderly.


The concept of a culture refers to the perceived standards


of behavior, observable in both words and deeds, that are


learned, transmitted from generation to generation and somewhat


durable. To call such behavior “cultural” does not necessar-


ily mean that it is “refined,” but rather means that it is


“cultured”– aquired, cultivated, and persistent. Social


scientists have invented the notion of a subculture to describe


variations, within a society, upon its cultural themes. In


such circumstances, it is assumed that some cultural prescrip-


tions are common to all members of society, but that modifica-


tions and variations are discernible within the society.


Again, it is part of the definition of a subculture, as of a


culture, that is relatively enduring. Its norms are termed a


“style”, rather than a “fashion”, on the grounds that the former


has some endurance while the latter is evanescent. The quarrel


comes, of course, when we try to estimate how “real” a cultural


pattern is and how persistent.


The standards by which behavior is to be guided vary among


men and over time. Its is in this change and variety that


crime is defined. An application of this principle to crimin-


ology would find that the roots of the crime in the fact that


groups have developed different standards of appropriate


behavior and that, in “complex cultures”, each individual is


subject to competing prescriptions for action.


Another subcultural explanation of crime grows readily out


of the fact that, as we have seen, “social classes” experience


different rates of arrest and conviction for serious offenses.


When strata within a society are marked off by categories of


income, education, and occupational prestige, differences are


discovered among them in the amount and style of crime.


Further, differences are usually found between these “social


classes” in their tastes, interests, and morals. Its is easy


to describe these class-linked patterns as cultures.


This version of the subcultural explanation of crime holds


that the very fact of learning the lessons of the subculture


means that one aquires interests and preferences that place him


in greater or lesser risk of breaking the law. Others argue


that being reared in the lower class means learning a different


culture from that which creates the criminal laws. The lower-


class subculture is said to have its own values, many of which


run counter to the majority interests that support the laws


against the serious predatory crimes.


One needs to note that the indicators of class are not


descriptions of class. Proponents of subcultural explanations


of crime do not define a class culture by any assortment of the


objective indicators or rank, such as annual income or years of


schooling. The subcultural theorists is interested in pattern-


ed ways of life which may have evolved with a division of labor


and which, then, are called “class” cultures. The pattern,


however, is not described by reference to income alone, or by


reference to years of schooling or occupational skill. The


pattern includes these indicators, but it is not defined by


them. The subcultural theorist is more intent upon the variet-


ies of human value. these are preferred ways of living that


are acted upon. In the economist’s language, they are


“tastes”.


The thesis that is intimated, but not often explicated, by


a subcultural description of behaviors is that single or


multiple signs of social position, such as occupation or educa-


tion, will have a different significance for status, and for


cultures, with changes in their distribution. Money and


education do not mean the same things socially as they are more


or less equitably distributed. The change in meaning is not


merely a change in the prestige value of these two, but also


betokens changes in the boundries between class cultures.


Generally speaking, whether one believes tendencies to be good


or bad, the point of emphasis should be simply that the


criteria of “social class” that have been generally employed-


criteria like income and schooling-may change meaning with


changes in the distribution of these advantages in a popula-


tion. “Class cultures”, like national cultures, may break


down.


A more general subcultural explanation of crime, not


necessarily in disagreement with the notion of class cultures,


attributes differences in crime rates to differences in ethnic


patterns to be found within a society. Explanations of this


sort do not necessarily bear the title “ethnic,” although they


are so designated here because they partake of the general


assumption that there are group differences in learned prefer-


ences-in what is rewarded and punished-and that these group


differences have a perisistence often called a “tradition.”


Such explantions are of a piece whether they are advanced


as descriptions of regional cultures, generational differences,


or national characteristics (Hirschi, 1969). Their common


theme is the differences in ways of life out of which differ-


ences in crime rates seem to flow. Ethnic explanations are


proposed under an assortment of labels, but they have in


common the fact that they do not limit the notion of “sub-


culture” to “class culture” (Hirschi). They seem particularly


justified where differences in social status are not so highly


correlated with differences in conduct as are other indicators


of cultural difference.


Thus many sociologists in this field argue that in the


United States “economic and status positions in the community


cannot be shown to account for differences [in homicide rates]


between whites and Negroes or between Southerners and


Northerners” (Freeman, 1983). In relevance, an “index of


Southerness” is found to be highly correlated with homicide


rates in the United States. Therefore, there is a measureable


regional culture that promotes murder.


The hazard of accepting a subcultural explanation and, at


the same time, wishing to be a doctor to the body politic is


that the remedies may as well spread the disease as cure it.


Among the prescriptions is “social action” to disperse the


representatives of the subculture of violence. Quite apart


from the political difficulties of implementing such an en-


forced dispersion, the proposal assumes more knowledge than


what is available. We, as a society, do not know what pro-


portion of the violent people would have to be dispersed in


order to break up their culture; and, what is more important,


we do not know to what extent the dispersed people would act


as “culture-carriers” and contaminate their hosts.


While sociologists acknowledge the plausibility of med-


leys of causes operating to affect crime rates, their atten-


tion has been largely diverted to specific kinds of social


arrangements that may affect the damage we do to each other.


Among the more prominent hypotheses stress the impact of


social structure upon behavior. These proposals minimize the


facts of subcultural differences and point to the sources of


criminal motivation in the patterns of power and privilege


within a society. They shift the “blame” for crime from how


people are to where they are (Sampson). Such explanations


may still speak of “subcultures”, but when they do, they use


the term in a weaker sense than is intended by the subcultural


theorist.


A powerful and popular sociological explanation of crime


finds its sources in the “social order”. This explanation


looks to the ways in which human wants are generated and


satisfied and the ways in which rewards and punishments are


handed out by the “social system”.


There need be no irreconcilable contradiction between


subcultural and structural hypotheses, but their different em-


phases do produce quarrels about facts as well as about


remedies. An essential difference between these two explana-


tions is that the “structuralists” assume that all the members


of a society want more of the same things than the “sub-


culturalists” assume they want (Herrnstein, 1985). In this


sense, the structural theses tend to be egalitarian and demo-


cratic (Herrnstein). The major applications of structuralism


assume that people everywhere are basically the same and that


there are no significant differences in abilities or desires


that might account for lawful and criminal careers. Attention


is paid, then, to the organization of social relations that


affects the differential exercise of talents and interests


which are assumed to be roughly equal for all individuals of a


society.


Modern structural explanations of criminogenesis derive


from the ideas of the French sociologist Emile Durkheim.


Durkheim viewed the human being as a social animal as well as


a physical organism. To say that a man is a social animal


means more than the obvious fact that he lives a long life as


a helpless child depending on others for his survival. It


means more, too, than that homo sapiens is a herding animal who


tends to live in colonies. For Durkheim, the significantly


social aspect of human nature is that human physical survival


also depends upon moral connections. Moral connections are, of


course, social. They represent a bond with, and hence a bond-


age to, others (Christiansen, 1977). Durkheim states that “it


is not true, that human activity can be released from all re-


straint” (Christiansen). The restraint that is required if


social life is to ensue is a restraint necessary also for the


psychic health of the human individual.


Social conditions may strengthen or weaken the moral ties


that Durkheim saw as a condition of happiness and healthy


survival. Rapid changes in one’s possibilities, swings from


riches to rags and, just as disturbing, form rags to riches,


may constitute an impulse to volutary death. Excessive hopes


and unlimited desires are avenues to misery (Christiansen).


Social conditions that allow a “deregulation” of social


life Durkheim called states of “anomie”. The word derives


from Greek roots meaning “lacking in rule or law”. As used by


contemporary sociologists, the word anomie and its English eq-


uivalent, “anomy”, are applied ambiguosly, sometimes to the


social conditions of relative normlessness and sometimes to the


individuals who experience a lack of rule and purpose in their


lives. It is more appropriate that the term be restricted to


societal conditions of relative rulelessness for our purpose.


When the concept of anomie is employed by structurlists


to explain behavoir, attention is directed toward the “strains”


produced in the individual by the conflicting, confusing, or


impossible demands of one’s social enviroment. Writers have


described anomie in our “schizoid culture”, a culture that is


said to present conflicting prescriptions for conduct (Ferr-


ington, 1991). They have also perceived anomie in the tension


between recommended goals and available means. It is import-


ant to keep the word “anomie” in mind to all explanations


discussed.


The American sociologist R.K. Merton has applied Durk-


heim’s ideas to the explanation of deviant behavior with part-


icular reference to modern Western societies. His hypothesis


is that a state of anomie is produced whenever there is a dis-


crepancy between the goals of human action and the societally


structured legitimate means of achieving them. The hypothesis


is simply, that crime breeds in the gaps between aspirations


and possibilities. The emphasis given to this idea by the


pattern of social arrangements. Its is “the structure” of a


society, which includes some elements of its culture, that


builds desires and assigns opportunities for their satisfac-


tion (Herrnstein). The emphasis given to this idea by the


structuralists is that both the goals and the means are


given by the pattern of social arrangements. It is “the


structure” of a society, which includes some elements of its


culture, that builds desires and assigns opportunities for


their satisfaction. This structural explanation sees illegal


behavior as resulting from goals, particulary materialistic


goals, held to be desirable and possible for all, that motive


behavior in a societal context that provides only limited


channels of achievement. It is a thesis that has appropriately


been named “strain theory” (Hirschi).


Sociologist R.K. Merton devised another theory dwelling in


delinquency. This type of explanation sees delinquency as ad-


aptive, as instrumental in the achievement of “the same kinds


of things” everyone wants. Its sees crime, also, as partly


reactive–generated by a sense of injustice on the part of


delinquents at having been deprived of the goof life they had


been led to expect would be theirs. This hypothesis, which may


with accuracy be described as the social worker’s favorite,


looks to the satisfaction of desires, rather than the lowering


of expectations, as the cure for crime. To be sure, it ap-


proaches the satisfaction of desires not directly but indirectly,


through the provision of “expanded opportunities” for legitimate


achievement (Herrnstein).


In closing on the oppurtunity-structure thesis, this thesis


as a whole sounds plausible, closer attention to its assumprions


lessens confidence in its explanatory power.


Finally, the proposal that differences in the availability


of legitimate opportunities affect crime rates is only one


version of the structural style of explanation. The weaknesses


of this particular hypothesis do not deny the validity of the


structural notion in general. There are features of the “struc-


ture” of a society that seem clearly and directly antecedent to


varying crime rates. “Culture conflict” i

s one such general


aspect of a society’s structure that seems to promote criminal-


ity. This theme locates the source of crime in some division


within a soicety that is associated with differential accept-


ance of legal norms. All sociological explanations, at bottom,


assume culture conflict to be the source of crime. Durkheim’s


anomie, the deregulation of social life, may be another such


feature, as yet inadequately applied to the explanation of


crime. Merton’s application of the idea of anomie to the pro-


duction of criminality seems plausible in general, particulary


if one avoids translating anomie into “opportunity”. This more


general use of the notion of anomie predicts that serious crime


rates will be higher in societies whose public codes and even


mass media simultaneously stimulate consumership and


egilitarianism while denying differences and delegitimizing


them (Herrnstein).


More concretely, the age distributions and sex ratios of


societies or of localities can be interpreted as structural


features and related to differences in crime rates. Thus it


comes as little surprise to learn and comprehend that situa-


tions in which sex ratio is greatly distorted result in dif-


ferent patterns of sexual offense. Homosexualality, including


forcible rape, increases where men and women are kept apart from


the opposite sex, as in prisons (Blumstein, 1979). Prostitution


flourishes where numbers of men live without women but with the


freedom to “get out” on occasion, as from mining camps or mili-


tary bases (Blumstein).


These more concrete features of the “social structure” seem


at once more obvious and less interesting, however, than the


“class structure” of a society by the way in which its wealth


and prestige are differentially achieved and rewarded. It is


among these differentials that sociologists and many laymen con-


tinue to look for generators of crime.


The opportunity-structure hypothesis is one way of attending


to class differences and attempting to show how they breed crime.


It views criminality as adaptive, as utilitarian, as the way de-


prived people can get what everyone wants and has been told he


should have.


There is yet another type of explanation that looks upon the


pattern of rewards in a society as causing crime. This theory


differs from the opportunity-structure theory in its emphasis.


It interprets crime as more reactive than adaptive to social


stratification.


Reactive hypotheses are related to other structural schema in


emphasizing the role of the status system of a society in producing


crime and delinquency. As one kind of sociological explanation,


these formulations also partake of some of the subcultural ideas


and may even speak of “delinquent subcultures”. The reactive


hypotheses, however, describe criminal subcultures as formed in re-


sponse to status deprivation. They see criminality as less tradi-


tional, less ethnic, and more psychodynamically generated


(Ferrington).


They interpret delinquency as a status-seeking solution to


“straight” society’s denial of respect. The reactive hypotheses


are, then, a type of structural theory that carries a heavy burden


of psychological implication (Ferrington).


The pure reactive hypothesis claims that the social structure


produces a “reaction formation” in whom its rules disqualify for


status. Reaction formation, or reversal formation, is a psycho-


analytic idea: that we may defend ourselves against forbidden de-


sires by repressing them while expressing their opposites


(Ferrington). In this tense, the behavoirs of which the ego is


conscious are psychoanalytically interpreted as a shield against


admitting the true urges that have been frustrated. For example,


if one says that if I can’t have it, it must be no good. Thus,


it is held, if one can’t play the middle-class game, or won’t be


let into it, he responds by breaking up the play (Ferrington).


The denial is proof of the desire and when put into the present


topic, this results in an unlawful act of criminality.


Where the subcultural theorists see delinquent behavior as


“real” in its own right, as learned and valued by the actor, and


where the social psychologists agree but emphasize the training


processes that bring this about, the proponents of reactive hypo-


theses interpret the defiant and contemptuous behavoir of many de-


linquents as a compensation that defends them against the ego-


wounding they have received from the status system (Ferrington).


In scientific work there is a criterion, not pointly adhered


to, which says that the simple explanation is preferable to the


complex, that the hypothesis with few assumptions is preferable to


the one with many. There are simpler explanations of criminal


hostility than the reactive hypotheses. One such theory holds that


violence comes naturally and that it will be expressed unless we


are trained to control it. Another theory calls envy a universal


and independant motive (Herrnstein).


Some social psychologists believe that children will grow up


violent if they are not adequately nurtured. Adequate nurturing in-


cludes both appreciating the child and training him or her to ac-


knowledge the rights of others. From this theoretical stance, the


savagery of the urban gangster for example represents merely the


natural outcome of a failure in child upbringing.


Similarily, on a simple level of explanation, many sociolo-


gists and anthropologists believe that hostile behavior can be


learned as easily as passive behavior. Once learned, the codes


of violence and impatient tendencies of the mind are their own


positive values. Fighting and hating then become both duties and


pleasures. For advocates of this sociopsychological point of view,


it is not necessary to regard the barbarian whose words and deeds


“laugh at goodness” as having the same motives as more lawful per-


sons.


It needs no radical vision to agree that the school systems of


Western societies presently provide poor aprenticeship in adult-


hood for many adolescents. A poor apprenticeship for being grown


up is criminogenic.


In this sense, the “structure” of modern countries encourages


delinquency, for that structure lacks institutional procedures for


moving people smoothly form protected childhood to automonmous


adulthood. During adolescence, many youths in affluent societies


are neither well guided by their parents nor happily engaged by


their teachers. They are adult in body, but children in responsi-


bility and in their contribution to others. Now placed in between


irresponsible dependence and accountable independance, they are


compelled to attend schools that do not thoroughly stimulate the


interests of all of them and that, in too many cases, provide the


uninterested child with the experience of failure and the mirror


of denigration (Herrnstein). Educators are conceiving remedies.


This engages a dilemma–a dilemma of the democratic educators.


They want equality and individuality, objectives that thus far in


history have eluded societal engineers. Meanwhile, the metro-


politan schools of industrialized nations make a probable, but


measurable, contribution to delinquency.


Some crimes are rational. In such cases, the criminal way


appears to be the more effecient way of satisfying one’s wants.


When crime is regarded as rational, it can be given either a


structural or a sociopsychological explanation. The explanation


is structural when it emphasizes the conditions that make crime


rational. It becomes a sociopsychological explanation when it


emphasizes the interpretations of the conditions that make crime


rational, or when it stresses the training that legitimizes il-


legal activities. No one emphasis need be more correct–more use-


ful–than another. Conduct, lawful and criminal, always occurs


within some structure of possibilities and is, among normal


people, justified by an interpretation of that structure. Both


the interpretation of and the adaptation to a structure of


possibilities are largely learned. It is only for convenience


that we will discuss the idea that crime may be rational as one


of the structural, rather than one of the sociopsychological,


explantions.


The most obvious way in which a “social structure” produces


crime is by providing chances to make money illegally (Herrnstein).


Whether or not a structure elevates desires, it generates crime by


bringing needs into the view of opportunities.


This kind of explanation does not say that people behave


criminally because they have been denied legitimate opportunities,


but rather it says that people break the law, particulary those


laws concerning the definition of property, because this is a


rational thing to do. the idea of “rational crime” is in accord


with the common-sense assumption that most people will take money


if they can do so without penalty.


Obviously there are differences in personality that raise or


lower resistance to temptation. These differences are the concern


of those sociopsychological explantions that emphasize the


controlling functions of character. However, without attending


to these personal variables, it is notable that the common human


proclivity to improve and maintain status will produce offenses


against property when these tendencies meet the appropriate situa-


tion (Ferrington). These situations have been studied by crimin-


ologists in four major contexts. There are, first, the many


situations in civil life in which supplies, services and money are


available for theft. Theft is widespread in such situations. It


ranges from taking what isn’t nailed down in public settings to


stealing factory tools and store inventories to cheating on expense


accounts to embezzlement. Second, there are circumstances in which


legitimate work makes it economical to break the criminal law.


Third, there are “able criminals”, individuals who have chosen


theft as an occupation and who have make a success of it. These


expert thieves are sometimes affiliated with “musclemen” or


organizers in a fourth context of rational crimes, the context in


which crime becomes an economic enterprise fulfilling the demands


of a market (Ferrington).


Now specifically on these contexts, crime has been seen as a


preferred livelihood. The conception of some kinds of crime as


rational responses to “structures” indicates that in the struggle


to stay alive and in the desire to improve one’s material condi-


tion lie the seeds of many crimes. some robbery, but more


burglary; some snitching, but more boosting; some automobile


theft by juveniles, but more automobile “transfers” by adults


represent a consciously adopted way of making a living. All


organized crime represents such a preference. The organization of


large scale theft adopts new technologies and new modes of opera-


tion to keep pace with increases in the wealth of Western nations


and changes in security measures. Such businesslike crime has


been changing form craft crimes to project crimes involving big-


ger risks, bigger takes, and more criminal intelligence.


Conversations with successful criminals, those who use intel-


legence to plan lucrative acts, indicate considerable satisfaction


with their work. There is pride in one’s craft and pride in one’s


nerve. There is enjoyment of leisure between jobs. There is ex-


pressed delight in being one’s own boss, free of any compelling


routine. the carefree life, the irresponsible life, is appreciat-


ed and contrasted with the drab existence of more lawful citizens.


Given the low risk of penalty and the high probability of


reward, given the absence of pangs of guilt and the presence of


hedonistic preferences, crime is a rational occupational choice


for such individuals (Sampson).


On a level of lesser skill, many inhabitants of metropolitan


slums are in situations that make criminal activity a rational


enterprise. Young men in particular who show little interest in


school, but great distaste for the authority of a boss and the


imprisonment of a predictable job, are likely candidates for the


rackets. Compared to work, the rackets combine more freedom,


money and higher status at a relatively low cost. In some organ-


ized crimes, like running the numbers, risk of arrest is low.


the rationality of the choice of these rackets is therefore that


much higher for youths with the requisite tastes.


In summary, the structuralist emphasis on the criminogenic


features of a stratified society is both popular and persuasive.


The employment of this type of explanation becomes political.


If the anomie that generates crime lies in the gap between desires


and their gratification, criminologists can urge that desires be


modified, that gratifications be increased, or that some compro-


mise be reached between what people expect and what they are


likely to get (Christiansen).


The various political positions prescribe different remedies


for our social difficulties. Radical thinkers use the schema of


anomie to strengthen their argument for a classless or, at least,


a less stratified society. Conservative thinkers use this schema


to demonstrate the dangers of an egalitarian philosophy. At one


political pole, the recommendation is to change the structure of


power so as to reduce the pressure toward criminality. At the


other pole, the prescription is to change the public’s perception


of life.


Criminologists are themselves caught up in this debate. The


major tradition in social psychology, as it has been developed


from sociologists, emphasizes the ways in which perceptions and


beliefs cause behavoirs. Between how things are (the structure)


and how one responds to this world, the social psychologist


places attitude, belief, and definition of the situation. The


crucial question becomes one of assessing how much of any action


is simply a response to a structure of the social world, and how


much of any action is moved by differing interpretations of that


reality (Sampson). Social psychologists of the symbolic-inter-


actionist persuasion attempt to build a bridge between the struc-


tures of social relations and our interpretations of them and, in


this matter, to describe how crime is produced.


1. Blumstein, Alfred. 1979. “An Analysis.” Crime and


Delinquency 29 (October): 546-60.


2. Christiansen, K.O. 1977. “A Review of Studies of Crimin-


ality.” In Bases of Criminal Behavoir, ed. S.A.


Mednick and K.O. Christiansen, p. 641, 654-669 New


York: Gardner.


3. Ferrington, David P. 1991. “Explaining the Beginning and


Progress.” In Advances in Criminological Theory, ed.


Joan McCord, vol. 3, p. 191-199,New Brunswick, N.J.:


Transaction.


4. Freeman, Richard B. 1983. “The Relationship Between


Criminality and the Disadvantaged.” Ch. 6 In Crime


and Public Policy, ed. James Q. Wilson, p. 917-991.


San Francisco: ICS Press.


5. Herrnstein, Richard J. 1985. Crime and Human Nature. P.


359-374, New York: Simon and Schuster.


6. Hirschi, Travis. 1969. Causes of Delinquency. P. 30-31,


89-102, Berkeley: University of California Press.


7. Sampson, R.J. 1985. “Neighborhood Family Structure and the


Risk of Victimization.” In The Social Ecology of


Crime, ed. J. Byrne and R. Sampson, 25-46. New York:


Springer-Verlag.

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