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7.2 : Crime a functionalist view

7.3 : Structural and sub-cultural theories of Crime 7.4 : Critical theoretical perspectives

7.5 : Radical Perspectives

7.6 : Summary

7.7 : Check your progress 7.8 : References

7.9 : Questions

7.0 OBJECTIVE:-

1) To develop an understanding among students in regards to Crime and deviant behaviour.

2) To acquaint students with different theories of crimes given by different school of thinkers.

7.1 INTRODUCTION – UNDERSTANDING CRIME:-

In terms of Clinard’s definition Crime & delinquency are the most obvious forms of deviance. Crime refers to those activities that break the law of the land & are subject to official punishment, delinquency refers to acts that are criminal or one considered antisocial which are committed by young people.

The concept of deviance suggested is fairly simple-deviance refers to those activities that do not conform to the norms & expectations of members of a particular society. As studied by sociologists, it usually refers to those activities that bring general disapproval from members of society.

The question is why do some people commit Crime? There are non sociological theories to answer. The two main non Sociological diagnoses of the deviant are ‘Physiological’ & causes of deviance. Physiological theories claim that deviants have some organic defect or pathology: in other words they are born with some defect, or they develop one during their lives. ‘Psychological’ theories claim that it is the deviants minds rather than their bodies

that are ill; some emotional disturbance in their past has left them mentally unbalanced. This mental imbalance causes or influences their deviance.

Most physiological or biological explanations or crime argue that particular individuals are more prone to deviance than others because of their genetic make up. Such theories are similar to ‘Common Sense’ nations that people whose eyes are close together, or whose eyebrows meet, cannot be trusted.

Cesare combroso, an Italian army doctor was one of the first writers to link crime to human biology. He argued that Criminals were a sort of earlier & more primitive from of human being. He claimed to have identified a number of genetically determined characteristics which were often found in criminals. There included large jews, high cheekbones, large ears, extra toes and fingers & insentivity to pain. According to Lombroso, there were some of the outward signs of an inborn criminal nature.

Some biological theorists also claim that chromosome abnormalities also cause criminal tendencies.

More recently, bio-chemical theorists of crime have been supported by some criminologists. Henry E. Kelly believes that chemical imbalances in the body can cause crime. Chemical imbalances are partly the result of inherited characteristics, but they may also be caused by environmental factors such as a poor diet.

Anne Moir & David Jessel in a ‘Mind to crime’ argue that low intelligence (as measured in IQ tests) is largely inherited and that it leads to impulsive behaviour. The impulsive person with a low IQ is unlikely to foresee the consequences of actions & is therefore more likely to commit crimes.

Some suggest that genes are also responsible. Modern supporters argue that biological factors predispose an individual to deviant behaviour. A criminal father’s son is more likely to show criminal tendencies.

Psychological theories see the deviant’s sickness and abnormality as lying in mental processes rather than physical differences. An extrovert, for example, for psychologists is more impulsive & hence is more likely to break the law than an introvert. John Bowlby maintained that children needed emotional security during the first seven years of their lives. If the child was deprived of motherly love, particularly during the early years, a psychopathic personality could develop, psychopathic tend to act impulsively, with little regard for the Consequences of their actions. They rarely feel guilt, & show little response to punishment or treatment.

Bowlby claimed that delinquent mostly suffered from maternal deprivation during their early years.

The word Crime comes from the Latin word ‘CRIME’ which means offence. It is an act which is forbidden by law or considered immoral. Accordingly to the prevailing moral standards it is believed to be socially harmful by society. It is an act which requires repression and punishment by the state.

Criminology is a study of crime. It is multidisciplinary in character. It is a field which borrows heavily from psychology and sociology. Criminology as a professional academic discipline has come into existence only after 1935. As a discipline it is greatly influenced by modern ideas of positivism. Positivism is a belief that social problems like crime can be studied, managed and controlled by human society. It also believes that criminal behaviour can be objectively measured through understanding the social psychological orbiological factors which produce it. This way it is possible to give an universal explanation of criminal behaviour. However, theorist on crime have not been able to arrive upon the unanimous explanation of criminal behaviour.

According to BRAITH WALTE there are 13 factors about crime which criminology needs to explain and which more common sense, knowledge can sometimes fail to appreciate.

• Crime is committed more by males.

• Crime is committed more by 13-25 years age group. • Crime is committed more by people in large cities.

• Crime is committed more by people with residential mobility. • Young people who are strongly attached to their schools are

less likely to engage in crime.

• Young people who have high educational and occupational aspirations are less likely to engaged in crime.

• Young people who are strongly attached to their parents are less likely to engage in crime.

• Young people who have friendship with criminals are more likely to engage in crime themselves.

• People who believe strongly in obeying the law are less likely to violate the law.

• Crime rates are high amongst people at lowest socio- economic level, or people living in very low socio-economic area. People who are unemployed in such areas and people belonging to oppressed racial minority.

• Crime rates have been increasing after the World War II in both developed as well as under-developed countries exceot Japan.

Approaches to Study Crime :

There are 3 major themes within criminological theory : 1) Behaviour of Criminals :-

• Classical criminology • Positivist criminology

(The focus of this theory is on the role of individual and individual differences in producing crime)

2) Criminality of state :- • Marxist Criminology • Radical Criminology • Critical Criminology

(The power and power relationships play a major role in in deciding criminality)

1) Behaviour of Criminals :-

This perspective directs our attention on the individual and the role of individual differences in producing crime. These were the early theories of criminology and can be further divided into two perspectives :-

• Classical Criminology :-

This view is based on into two main assumptions: Individuals have Free will

Individuals are guided by hedorism i.e. maximizing their pleasure and the minimization of pain.

This view further stated that criminals engage in a process of rational calculative decision making in choosing how to commit crime.

Classical ideas about crime and punishment can be found in the works of a number of different writers especially BECCARIA. Beccaria argued that there was a contractual relationship between the individual and the state. As a part of this contractual relationship an individual gave up some of their liberties in the interest of the common good. This was contained in the law. Thus the law should be written down so that people could make decisions on law to behave. Punishment should be according to the crime and should be certain and swift. Offenders were rational people who consciously chose to commit crime. The central concern of the law and the criminal justice should be served as adeterrent to the criminal in prevention of crime. These ideas were very influential in reforming criminal in prevention of crime. These ideas were very influential in reforming criminal codes and formulating legislative changes in France during the time of the French Revolution and in the Formulation of the American Constitution.

However, inspite of it’s major influences on legislative changes these approach could not resolve many issues like criminal behaviour and rising crime rate. As social conditions worsened for many many selections of different societies as a consequence of industrial revolution. The ideas of Indians being motivated by pleasure-pain principle lost it’s popularity. In it’s place a more determined image of human being was constructed. This image contributed to the birth of positivism in criminology.

• Positive Criminology :

Positivist criminology refers to a scientific commitment to the gathering of the ‘facts’ which cause crime. Unlike the classical theorist the positivist search for crime within individual biology rather than individual free will. LOMBROSO is often considered to be the Founding Father of this version of criminological thought. Lombroso’s ideas about crime were influenced by the work of Darwin. Lombroso advocated the law of bio-genetics. According to this every living organism as it develops, undergoes each stage of it’s own species. History which was termed as recapitulation. However, every individual member of a species didn’t always possess all the characteristic of that species in other words of abnormality were produced from time to time. This was explained through the concept of ‘avatism’. Lombroso assumed that the process of recapitulation usually produced normal individuals. In these who were abnormal and who became criminals were a throwback to an earlier stage of biological development of atavistic de-generation. According to Lombroso, such biological de-generations manifested themselves in peculiar physical attributes possessed by criminals like sloping foreheads, receding chins, excessively long arms, unusual ear size, etc. resulting in the view of born criminal.

Lombroso later on constructed a Four-Fold typology of criminals:- The born criminal (true atavistic types)

The insane criminal (including those suffering from a range of mental illnesses.)

The occasional criminal (opportunist criminals who commit crime because they posses inate traits which propel them in that direction.)

Criminals of passion (who commit crime as a result of some irresistible force)

For all of these criminal types, their behaviour is a result of their abnormality that is determined by forces out of their control rather than consequences of freely chosen action.

Lombrosion criminology had a progound impact on the later studies on criminology. Lombroso’s commitment to the society of a criminal and the search for a universal explanation of crime located within the individual laid the foundation for much of the criminological work which came after. These studies ranged from focusing on heredity, to the body type and to the notion of a criminal personality. Later these studies were developed into a more sophisticated form of biosocial theory. This theory with the help of advanced technology to construct images of brain came to the conclusion that these are mere negatives waiting to be developed. These new developments opened a whole new debate whether human beings have a free will and they consciously choose to commit a crime or their criminal behaviour is biologically determined.

Each of these versions explaining criminal behaviour classical and positive approach carry with them different policy implications. For the classical criminologist if individuals had a calculative hedoristic approach to crime than the purpose of the criminal justice system was to punish in order to determine them from committing crime. For the positivist, on the other hand if an individual’s criminal behaviour was to be understood as being determined by their biological or psychological make-up. The purpose of the criminal justice system is to rather incapacitate them or if appropriate, offer them treatment until they were no longer a treatment of society.

2) Criminality of state :- • Marxist Criminology:

According to this view the social relations in the society are not based on consensus but conflict. The conflict is mainly between the people who own the means of production and the workers i.e. between the haves and the have nots. The powerful in the society use the various resources available to them (including the law) to secure and maintain their dominant position.

The criminal law in the capitalist society. According to CHAMBLISS is not a reflection of custom or consensus but a set of rules laid down by the state in the interests of the ruling class criminal behaviour is thus the inevitable expression of class conflict resulting from the inherently exploitative nature of economic relations. In this sense then, crime is to be understood as a reaction to the general life conditions in which individuals find themselves as a result of their social class position.

Chambliss further argues that the underlying cause of crime does not lie with individuals, or their greater or greater or lesser acceptance of cultural norms and values lies with the state and the

political and economic interests which are necessarily served by the law and it’s implementation. Crime is a rational response to social conditions. For some individuals, it is a way of managing the material reality of their lives. The rational response is not the result of free will but dictated by the political-economy of social relations.

QUINNEY another Marxist criminologist who is influenced equally by Marxism argues that crime is not the result of poor socialization or a deficient personality but a political expression. It is not the behaviour which is criminal but who labels what activity as criminal. He classifies crime as following :-

Crime of domination (police brutality, white collar crime, government crimes.)

Crime of accommodation and resistance (theft homicide produced by the conditions of capitalism.)

Terrorism (a response to the conditions of capitalism.)

Thus according to Quinney the root cause of crime is a desire for social change which is a political act.

From the above discussion we can conclude that according to Marxist criminologists :-

Crime is the product of the behaviour of the authorities and not a product of the individuals. It is the state who decides who is a criminal and who is not.

Crime is a relative phenomenon. There is nothing inherently wicked or sinfulin criminal behaviour, it is simply behaved that it is so targeted.

These theories were helpful in drawing criminological attention to the role of law in defining criminality but it did not contribute in any policy implications in dealing with the criminals. The solution of crime lies not with dealing with criminals but changing the economic and social order.

• Radical Criminology :-

Radical criminology borrowed its ideas from the labeling theory and Marxism. They try to focus on the social construction of crime. They have identified seven aspects of crime and deviance which they have believe should be studied.

In order to understand crime it is important to locate that act in a wider social, political and economic context. The criminologist should first try to understand how health and power are distributed in society.

The criminologist should consider the particular circumstances surrounding the decision of an individual to commit an act of deviance (social psychology of crime)

It is necessary to consider the deviant act itself, in order to discover its meaning for the person concerned. For egs. Showing contempt for the material values of capitalism by taking drugs? (social dynamics of crime). In other words why did the individual choose to act in a particular way over the other?

What is the social reaction to crime? How do police or family members of the deviants respond to the discovery of the deviance?

The reactions then need to be explained in terms of the social structure. Attempts should be made to discover who has the power in society to make rules and explain why some deviant acts are treated much more severely than others.

The effect of labeling on the deviant should be studied. Labeling may have variety of effects. The deviant may bot accept the label. They may see their actions as morally correct and ignore the label as far as possible. This may lead to implication of deviance also.

Finally all the above factors should be seen as far as a whole and they must be studied together to understand the social reality of crime.

Radical criminology or new criminology as it is called succeeded in opening a new radical approach to criminology. It advocated greater tolerance of a wide variety of behaviour.

• Critical Criminology:

The major proponent of this theory is FOUCAULT. Proceeding on Marxian analysis he asserts that society is based on conflict and not consensus. The conflict is between the powerful and powerless. The power is in the hands of the state (government). Foucault was mainly interested in uncovering the relationship between power and knowledge and knowledge production in any society is controlled by state. Thus the knowledge is not objective as it is believed by the positivist but an ideology of the state. This ideology more or less supports the state and its practices.

Critical criminology seeks to explore the ways in which the variable of class, race and gender are played out in the criminal justice system. Each of these variables has a different structural relationship either the interest of the state. Critical criminologists are interested in finding out from where do discriminatory practices towards class, gender and race system from where they are perpetuated and institutionalized. Once institutionalized classism, sexism, hetrosexism and racism become systematic and structured they are taken for granted in society histories informing policies and

under writing practices which provide legitimacy to interpersonal discrimination.

Critical criminology then is mainly concerned to undo the ideas that support the state and state practices to marginalize and consequently criminalize some groups and not others. It has also pointed out the role of history in the development of these practices.

Critical criminology for the first time brought the issue of race, class and sex in the study of criminology.

These theories are individual centred. These risk portraying criminals as ‘Sick’ and therefore in need of a cure.