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Explanations for Delinquency
A Brief Introduction to Sociological Theory
Theory Without Panic!A simple definition of theory:Theories
are nothing more than explanations for how 2 or more
phenomena are related to each other.We all apply theories every
dayFor example, we explain “getting wet” by the falling
rainScientific theory must be falsifiable:This means that it must
be stated in such a way that it can be tested with empirical
evidence;This evidence provides a litmus test--it either supports
the theory or it fails to support the theoryIf supported, or
verified, the theory gains credibility; if not supported, or
falsified, the theory must be revised.
What Causes Delinquency?What propels youths to commit
delinquency?Complex interplay of a variety of biological,
genetic, and environmental factors Further complicated by
various reactions to environmental factorsWhy do only a few
individuals who experience the same environments as many
others actually commit crime?
Criminological theories provide a scientific way to approach
and understand why people commit crime
Criminological ParadigmsClassical School TheoriesFocus on
individual free will and our ability to make choices as the
central explanation for committing delinquency/crime
Positive School TheoriesEmbraces determinism and scientific
method: Recognizes the role of forces that individuals cannot
control or may not be aware of on crime and the role of science
to discover what these factors areThe positive school has 3
basic approaches: biological, psychological, and sociological
Theories Within Classical School Deterrence
TheoryCertainty, severity, and celerityGeneral and
specificRational Choice TheoryDecision to commit crime
involves weighing the costs and benefits associated with that
crimeBounded rationalityRoutine ActivitiesFocuses on the
opportunity for crime to occurInteraction of the following:
suitable targets, absence of capable guardians, and presence of
motivated offenders
Positive School—Biological TheoriesGenetic transmission of
criminal tendenciesHormonal imbalancesNeurological
dysfunctionDevelopmental Theory (Biosocial Theories)
Positive School—Psychological TheoriesIntelligence—
--SomatotypesPsychodynamic
Theory (Freud & psychic
phenomenon)Underdeveloped/Overdeveloped SuperegoBasis for
Antisocial Personalities & ImpulsivityBehavioral Theory
(Skinner & measurable events)Used as basis for Social Learning
Theory
Positive School—Sociological Theories Social Structure
TheoriesSocial disorganizationAnomie/StrainSocial Process
TheoriesDifferential Association/Learning TheorySocial
Control TheorySocial Conflict Labeling and Stigma
What Do We Know About Offenders?Small group of offenders
(6-25%) are responsible for majority of crimeThere is a pattern
of offending that ultimately defines subgroups of offenders
Serious: Commit serious property crimeViolent: Commit serious
violent crimeChronic: Commit 4 or more offenses of any
typeSerious, Violent, Chronic OffendersPatterns of offending in
childhood and adolescence are related to adulthood offending
Patterns of offending can be identified through the
identification of behaviors related to offending pathways
Developmental & Life Course TheoriesThe Life-Course
PerspectiveHuman development viewed across the life
spanChildhood, adolescent and adult experiences are continuous
process of changeIndividuals progress within culturally defined
roles and social transitions that are age-gradedTrajectories or
pathways=the avenue of development over time; long-term
patterns of development in social institutions (e.g., educational
career)Transitions=short-term changes in social roles within
long-term trajectories (e.g., divorce)Developmental theories try
to account for offender careers and their relationship with
ageThis area or research began in criminology during the late
1980s and began to grow over the 1990s
Life TrajectoriesLife-course is a series of interlocking
trajectories Generally consistentImpact all domains of
lifeShort-term transitions (or life events) interrupt Transitions
can be consistent or disruptive“Off-age” transitions (e.g.,
teenage pregnancy) can produce disorder and change the
direction of a trajectoryKey: How individuals adapt to
changesPerson A may start a life of crime while person B
doesn’t get involved in crimeAttempts to explain the onset,
escalation, de-escalation, and desistence in offending careers
Various factors influence experience and change: individual
factors, family factors, school factors, peer groups, and
community factors
Research in this are requires longitudinal research and within-
individual changesPrevious research often relied on cross-
sectional studiesPrevious research largely defined by between-
group differences
Life Trajectories
Different TheoriesMany developmental/life course theories have
been developed, only three will be highlighted for this
class:Moffitt’s Dual TaxonomySampson & Laub’s Age-Graded
TheoryGottfredson & Hirschi’s General Theory of Crime
Moffitt’s Developmental TheoryClose inspection of crime rate
trends over the life-course indicate that there are two types of
offenders:Adolescent limited offenders: antisocial behavior is
temporary and situationalLife-course persistent offenders:
antisocial behavior is permanent and stable Timing and duration
of offending is critical aspect between the types of offenders—
stable v. unstable antisocial behavior
Defining the Life-Course Persistent OffenderUnderlying trait
that begins at very early age and continues throughout life and
underlies a variety of problem behaviorsAge 4: biting and
hittingAge 10: Truancy and shopliftingAge 16: Sell drugs/steal
carsAge 22: Robbery and rapeAge 30: Fraud and child
abusePersistence of other problem behaviors throughout life:
Drug addiction, homelessness, unstable relationships, domestic
violence, and mental illness
Factors Related to Life Course PersistenceDifference exists in
individual differences in neuropsychological functions of infant
nervous systemWhat can cause these differences to
occur?Disruption in fetal brain development/brain
injuryMaternal drug usePoor nutritionExposure to toxic
agentsBirth complicationsLack of stimulation and
affectionAbuse/neglectResults in neuropsychological deficits
(temperament, behavior development, and cognitive abilities)
LCP Interaction in EnvironmentReactive interaction-react to
environment with their styleProactive interaction-select or
create environment to support style (e.g., selecting similar
mate)Cumulative consequences-underlying trait sets downhill
path in motionContemporary consequences-impact of trait on
environmentWhy do LCP fail to desist in their offending?Fail to
learn conventional prosocial alternatives due to rejection and
lack of opportunitiesBecome ensnared in deviant lifestyle
InterventionUnderlying trait underlies deficiencies in
temperament, developmental milestones, and cognitive
abilitiesInteraction with environment creates the antisocial
personality and is fixed (according to Moffitt) before 18 years
oldTherefore, treatment is difficult after this point
Adolescent LimitedStatistically, it is rare for individual to
refrain from crime during adolescenceThe defining
characteristic for most adolescents, however, is the lack of
consistency in their offendingWhy do a few not get involved in
delinquency during adolescence?No maturity gap: Late puberty
or access to opportunitiesPersonal characteristics that exclude
from networks Few opportunities for mimicking
Explaining AL BehaviorMotivation: Duration of adolescence
has lengthened, forcing those in the 13-18 age group to delay
their entry into adulthoodSocial mimicry: When one species
adopts the social behavior of more successful species to obtain
access to a valuable resourceValuable resource=Mature status
and the power and privilege that comes with itLCP become
influential in the peer structure—delinquency that was
stigmatizing as a child is not normative group behavior because
it provides an avenue to the valuable resourceReinforcement:
The negative consequences that result from delinquency “fit”
with need and desire to rebel
Explaining AL DesistenceAt the end of adolescence, motivation
wanes because of the change in circumstance—entry into
adulthoodExempt from cumulative and contemporary continuity,
so opportunities and acceptance is not an issueDelinquency for
these adolescents is considered normative rather than
abnormalBest adjusted adolescents appear to be those who have
experimented and been responded to with consistent and
reasonable discipline
Sampson & Laub’s Age-Graded TheoryMain proposition=an
individual’s propensity to offend is dependent upon
involvement in conventional activitiesInformal social controls
are the main focus of this theoryAlthough trajectories are
influenced by early experiences, Sampson & Laub believe that
social factors (specifically informal controls) can modify
trajectories, reducing offending in adulthood—criminality is not
solely defined by traits rooted in childhood
“Turning points”=the mechanisms that alter the life course,
changing a risk pathway to a more adaptive one Life-course
development is dynamic regardless of ageThe role of transitions
within life trajectories generates turning points or changes in
one’s pathway
Influencing FactorsChildhood: Family dynamics including
erratic/harsh discipline, low levels of supervision, parental
rejectionAdolescence: Association with delinquent peer groups,
lack of attachment to school, involvement in the juvenile justice
systemYoung adulthood: Labor markets, marriage, prison,
military
A General Theory of CrimeLow self-control is ultimately the
cause of criminalityLow self-control results from parents failing
to:Monitor behaviorRecognizing problem behaviorPunishing
problem behavior properlyPeople with low self-control will
constantly be involved in delinquency and other problem
behaviorsLow self-control becomes “locked” for individuals at
a very young age (8 or 9 years old)
Developmental Pathways for FemalesRequires attention to the
gender-specific patterns in offender careers over the life course
(e.g., victimization)Although factors influencing offending may
be similar across gender, the intensity and role of these factors
may differKempf-Leonard suggests the following “stepping
stones” for females1st Stepping Stone: Child Abuse2nd
Stepping Stone: Mental health problems3rd Stepping Stone:
Running away 4th Stepping Stone: Youth gang involvement5th
Stepping Stone: Juvenile justice involvement & experiences
In sum…Early intervention is needed to most effectively
altering offending pathwaysIdentification of persistent
offenders is difficult and subject to inaccuracies because a small
proportion of individuals who exhibit signs of offending careers
actually become chronic offenders
INDIVIDUAL VIEWS OF DELINQUENCY
Biology
Rational Choice
Modern Individualism
Categories of TheoriesClassical/ChoiceBiosocialPsychological
Classical/ChoiceCesare BeccariaFree willPleasure-pain
principleProblems
More TheoriesRoutine ActivitiesRational choiceCrime
if:Suitable targetNo capable guardianMotivated offender
DeterrenceRisk/benefitGeneral v. specific
deterrenceAssumptionsWhat does the evidence show?
Biological TheoriesLombroso’s Atavism Theory“Born
criminal”Discredited
Modern Biosocial TheoriesMinimal Brain DysfunctionTraits
that heighten risk of delinquencyDietSchoenthaler research in
public schools2000 studyPhoenix studySchoenthaler study of
incarcerated juveniles
Modern Biosocial TheoriesFetal Alcohol SyndromeChildhood
developmentMedical problemsConnection to juvenile
delinquencyLearning disabilitiesWhat’s the connection with
juvenile delinquency?ADHD
GeneticsTwin studiesAdoption
% Adopted Juveniles with Criminal Record
Biological and adoptive parents
NO CRIMINAL RECORD13.5%BIOLOGICAL parents had
criminal record20%ADOPTIVE parents had criminal
record15%Biological and adoptive parents
BOTH HAD CRIMINAL RECORDS25%
Psychological TheoriesPsychodynamicFreud3 part
personalitySocial LearningHow do we learn?Violent
homeViolence in TV, video and the movies
Cognitive TheoryKohlberg’s moral development
theoryStagesPunishment and obedienceHedonistic
orientationInterpersonal concordanceLaw and orderSocial
contractUniversal ethical principlesWhich stages are
delinquents stuck at?
Antisocial Personality DisorderDefinitionConduct
disorderCharacteristicsWhat correlates with it?**Cannot assume
the role of another
Explanations of Female ViolenceBiologicalLombroso’s
masculinity hypothesisPollack’s theory Psychological
Social Theories of DelinquencySocial StructureSocial
ProcessSocial ReactionSocial Conflict
Structural Explanations for Delinquency
Defining Structural TheoriesCharacteristic features of structural
theoriesFocus on rates of crime rather than why individuals
commit crimeCrime rates are explained in terms of the
structural features of society Two broad types of structural
theoriesStrain TheoryCultural Deviance Theory
Structural Theories I:
Strain Theory
Strain Theory
Delinquency
Economic Inequality
Historical Foundation of
Strain Theory
The Legacy of Emile DurkheimTwo themes dominate
Durkheim’s work on crimeThe normality of crimeCrime and
anomie
Robert MertonRobert King Merton is one of the most influential
sociologists in the field of criminologyAt age 27, (1938) he
wrote a definitive article entitled “Social Structure and
Anomie”This article still serves as an anchor in our
understanding of delinquency
Social Structure and Anomie
Merton’s theory of “anomie” stressed two structural conditions:
The interaction of these conditions produce five adaptive
responses:
GoalsMeans
Conformist
+
+
Innovator
+
-
Ritualist
-
+
Retreatist
-
-
Rebel
-/+
-/+
Strain—Modes of AdaptionConformityAccepts cultural
goalAccepts institutionHighly unlikely JDRitualismRejects
cultural goalAccepts institutionUnlikely JDInnovationAccepts
cultural goalRejects institutionMost likely JDRetreatismRejects
cultural goalRejects institutionLikely JDRebellionRejects
cultural goalRejects institutionLikely JD
Differential Opportunity TheoryThis theory was developed by
Richard Cloward and Lloyd OhlinAgree with Merton that not
everyone has equal access to social rewards, producing
strainHowever, suggest that there is also an “illegitimate”
opportunity structure with differential opportunities there as
well.Failure to succeed in either the legitimate and illegitimate
opportunity structure results in “double failure.”
Lloyd Ohlin
Differential Opportunity’s Three Subcultural
ResponsesCriminal SubcultureOccurs in neighborhoods where
there are adult criminal role modelsHere, the delinquent youth
succeeds in the illegitimate opportunity structureConflict
SubcultureAdult role models are not available for successful
crimeDelinquent youth becomes angry and engages in violent
crimeRetreatist SubcultureAdult role models are not available
for successful crimeRather than angry retaliation, the youth
withdraws or retreats, typically into a world of drug use.
Cohen’s Subcultural Strain TheoryCohen suggests that one of
the central problems in life is conforming to social
expectations.Since these expectations are largely determined by
the middle class, Cohen calls these “middle class measuring
rods.”The lower class has a much more difficult time in
conformity than the middle class.For lower class youth, the
context for this difficulty is typically the school.Lower class
youth are confronted by “status frustration,” and turn to other
youth for solutions.For Cohen, this is the genesis of the
delinquent gang.
Cohen’s Adaptive Responses to Status FrustrationCorner Boy
ResponseYouth psychologically disengages from MC goals and
accepts more humble goalsThis is the most common lower class
responseCollege Boy ResponseLower class youth accepts the
MC challenge and competes for MC goalsInvolves a rupture in
his relationship with LC friends, a costDelinquent Subculture
ResponseInvolves a direct repudiation of MC values in the form
of delinquencyCharacteristics of the delinquent subcultureNon-
utilitarianMaliciousNegativistic
Structural Theories II:
Cultural Deviance Theories
Cultural Deviance Theories
Cultural Orientation
Delinquency
Historical Foundation of Cultural Deviance TheoriesIntellectual
roots of most cultural deviance theories are at the University of
Chicago--hence called the “Chicago School.”This school
stressed the need for empirical study of the issue of crime and
delinquencyChicago was a natural laboratory to be doing these
studies:It was a major urban center, drawing immigrants from
all walks of life;Many people were threatened by the changes
that were going on in cities like ChicagoIt was popularly
believed that foreign and minority immigrants were
inferiorCultural deviance theory emerged as a way to explain
rising crime rates in the context of this rapidly changing
environment
Robert Park
A founder of the
“Chicago School”
Social Disorganization TheoryThe Park-Burgess roots--
concentric zone theoryZone in transition--the geographical
center of crimethis was also an area of physical deterioration
and social disorganizationsocial disorganization was measured
by such things as homelessness, mental illness, crime and other
pathologiesThe relationship between social disorganization and
delinquency
Moreover, delinquent traditions are passed on from generation
to generation through delinquent gangs
Social Disorganization
Lack of Supervision
Delinquency/Gangs
Lower Class Focal ValuesWalter Miller suggests that
delinquency results, not from a disorganized lower class, but
from a united social class with their own distinctive values.The
values, or “focal concerns” of lower class youth are but
extensions of the focal concerns of adults in these
communities.6 focal concerns of the lower
class:TroubleToughnessSmartnessExcitementFateAutonomy
Social Process Theories for Delinquency
Historical BackgroundThese theories reached their zenith in the
1960’sSelf-report studies were revealing that crime was not
limited to lower classIt became necessary to develop a theory
that could account for middle class crime as well.
General AssumptionsBegin with the assumption that anyone is
capable of committing a crime.Argue that delinquency can be
explained by the nature of socialization experiences of
individualsHence, they tend to focus on the immediate social
milieu of the individual--e.g., family, peer group, etc.As such
they focus on the process of becoming delinquent
Types of Social Process TheoriesTwo broad types of process
theories:
Social Learning Theories
Social Control Theories
Social Process Theories I:
Social Learning Theories
Social Learning TheoriesGeneral FeaturesChildren are not born
with a tendency to want to do badDelinquency is a function of
learning the norms, values and behaviors associated with
delinquencyWithout opportunities to learn the values and
techniques associated with delinquency, individuals would not
become delinquent
Differential Association TheoryDeveloped by Edwin
SutherlandThe theory:Criminal behavior is learned in
interaction with other personsPrinciple part of learning takes
place in intimate personal groupsLearning includes: techniques
of committing the crime and the drives, values and
motivesDirection of drives and motives determined by relative
“definitions” (influences) favorable or unfavorable to law
violationOne becomes delinquent because of excess definitions
favorable to violating the lawDifferential associations vary in
frequency, duration, priority, and intensity.Process of learning
delinquency involves same process as any other learning
Edwin Sutherland
Differential Reinforcement TheoryDeveloped by Ron
AkersRepresents a synthesis between differential association
and operant conditioningThe theory:Behavior is reinforced with
positive rewardsRewards are given and evaluated in interaction
with significant othersHence, the kinds of behavior that are
reinforced depend on one’s differential associations
Ron Akers
Drift and Neutralization TheoryThe Drift
HypothesisDelinquents do not strictly adhere to delinquent
cultural values, but are affected by both criminal and
conventional valuesHence, delinquents find themselves in
“drift” between the two sets of valuesSubculture of delinquency
provides the delinquent with a vocabulary to neutralize the
demands of conventional societyTechniques of
NeutralizationDenial of responsibilityDenial of injuryDenial of
victimCondemnation of condemnerAppeal to higher loyalties
Gresham Sykes
Social Process Theories II:
Social Control Theories
General AssumptionsHuman beings are predisposed toward
maximizing self-interestHence, everyone has the capacity to
commit crimeMost people don’t commit crime because of
constraining influencesHence, what is to be explained is not
“Why do some people engage in delinquency?” but “Why do
most people not engage in delinquency?”
Containment TheoryDeveloped by Walter RecklessThe
Theory“Pressures” and “pulls” toward delinquency are
everywhereCounteracting these pressures and pulls are
“containments” of which there are two types:outer
containments--structural buffers, such as intact family, positive
discipline, etc.inner containments--internalized values, high
frustration tolerance, etc.Reckless identified a positive self
concept as the critical containment insulating against
delinquency.
Walter Reckless
Social Bond TheoryDeveloped by Travis HirschiThe
Theory:Assumes that all people have the capacity to be
delinquentPreventing most people from engaging in delinquency
is a “bonding” to conventional societyHirschi identifies 4
elements to the social bond (next slide)
The Social Bond
249.bin
250.bin
Societal Reaction Theories for Delinquency
Overview of Societal Reaction TheoryCentral focus of societal
reaction theory is society’s reaction to particular behaviorsTwo
broad streams of societal reaction theoryLabeling Theory
Conflict Theory
Historical Context of Societal Reaction TheoryThe recent
emergence of labeling and modern conflict theory occurred in
the tumult of the 1960’s and 1970’sViet Nam WarCivil
RightsYouth “Hippie” RebellionDuring this time many social
institutions were being challenged, and assumptions questioned
Societal Reaction Theory
Labeling Theory
Broad Mosaic of Labeling TheoryLabeling theory is a
composite of the work of many theorists, including:Howard
BeckerEdwin SchurEdwin LemertErving Goffman
Central Questions of Labeling Theory1. Why are certain
behaviors defined as delinquent?
2. Why are certain individuals labeled delinquent?
3. What is the effect of the label?
Why are certain behaviors defined as delinquent?This question
is largely addressed by Howard BeckerAssumes that behaviors
are not intrinsically delinquentSome behaviors are defined as
delinquentThis is done through a process called moral
entrepreneurship.
Howard Becker
Why are certain individuals labeled delinquent?William
Chambliss, among others address this questionChambliss
suggests 3 crucial factors in the labeling of
individuals:Visibility of delinquencyPersonal disposition of
offenderMobilization of community bias
William Chambliss
What is the effect of the label?Erving Goffman and Edwin
Lemert, among others, have addressed this questionprimary vs.
secondary deviance (Lemert)dramatization of evil
(Tannenbaum)stigma (Goffman)
Erving Goffman
Edwin Lemert
Societal Reaction Theory:
Conflict Theory
The Marxist FoundationThe Infrastructure and the
Superstructure
Economic Infrastructure
Law
Family
Religion
Education
Science
Marxist Foundation (cont.)The composition of the economic
infrastructureForces of ProductionRelations of
ProductionImportance of the relations of productionOwn the
means of production (bourgeoisie)Work for owners of
production (proletariat)These two classes in continual conflict
Marx and CrimeMarx said very little about crimeThe criminal
was a member of a third marginal class Marx called the
“lumpenproletariat”Marx’s contribution is tied to his analysis of
lawLaw is part of the “superstructure” of societyAs such, it is
controlled by the economic eliteIts content reflects ruling class
interestsIt is therefore the poor who will be victimized by law
Early Marxist CriminologistsFrederick EngelsWrote The
Condition of the Working Class in EnglandSuggests that crime
is a result of demoralization of proletariat caused by alienation
from means of productionWillem BongerWrote Criminality and
Economic ConditionsCapitalism encourages “egoism”, which in
turn encourages crime.Four types of crime encouraged by
capitalism:Economic CrimesSexual CrimesCrimes of
VengeancePolitical Crimes
Frederick Engels
Themes of Modern Conflict TheoristsLaw and JusticeModern
conflict theorists see the law as an instrument of the ruling class
to serve their interestsDemystification--exposing hidden power
relationships in societySocial Class and Delinquency
Reconsidered
Social Correlates of Delinquency
Gender
Our Knowledge Gap on Gender and DelinquencyIt is commonly
believed that girls engage primarily in status offenses; boys in
more serious delinquent offensesIssue of female delinquency
did not receive much scholarly attention until the 1960’sMost of
the classical theories, therefore, are based on observations of
male delinquency and may not be as appropriate to females
Nature and Extent of Male and Female Delinquency
Mr.
Streetman
Jason
1102 - 280 Bypass
Phenix City
AL
36867
Charles Bradshaw
Fall, 1999
Nature and Extent of Male and Female Delinquency
Nature and Extent of Male and Female Delinquency
Explaining Female (vs. male) Delinquency
Two Broad Categories of Explanations
“Trait” ViewsCenter on intrinsic biological and mental traits
attributed to being “female” or “male”
Sociological ExplanationsFocus on different social experiences
boys and girls
“Trait” Explanations for Female DelinquencyLombroso--The
Female OffenderWomen are lower on the evolutionary
scalePollack--The Criminality of WomenOnset of criminality
linked to menstruation, pregnancy and menopauseChivalry
Hypothesis accounts for lower rates of female
delinquencyFreud--Penis EnvyLack of penis unconscious sign
of punishment, resulting in inferiority complexFailure to
resolve penis envy might result in crimeGluecks--Precocious
SexualityEarly sexual experimentation by girls results in later
delinquencyHormonal ExplanationsTestosterone LevelsPre-
Menstrual Syndrome
Sociological Explanations for Female DelinquencyDifferential
Supervision of boys and girlsQuality of parental
relationsFeminist explanationsHagan’s “power-control”
theorySocietal Reaction explanations
Changing Gender PatternsOver the past 30 years, the gender gap
in delinquency has been gradually convergingFrom 1990-1994:
male arrest rate increased by 19%, while female rate increased
by 31%male arrest rate for serious violent crime increased by
23%, while female rate increased by 48%Self-report data also
suggesting that females are engaging in more typically “male”
offenses
Explaining Changing Gender PatternsFreda Adler--Sisters in
Crimefocus on impact of women’s liberationRita Simon--The
Contemporary Woman and Crimefocus on changing sex
rolesJoseph Weisfocus on changing school
influencesDifferential societal reaction
Social Correlates of Delinquency
The Family
Why Look at the Family as a Causal Context for
Delinquency?History of childhood and delinquency reveals that
the family has been charged with primary responsibility for
socialization of childrenIt is within the context of the family
that primary relations are first formedBasic values are first
formed hereWe have also seen that historical forces in America
disrupted family life
Family Variables Linked to Delinquency: The Broken Home
IVariable interest in the broken family as a cause of
delinquencyEarly research:Found that broken home had a
profound effectSeemed to affect girls more than boysSeemed to
affect whites more than other ethnic groupsSeemed to affect the
affluent more than poorHomes broken by divorce more
devastating than homes broken by death
Family Variables Linked to Delinquency: The Broken Home
IIThe broken home reconsideredMore recent studies have been
inconclusiveMany of early studies were conducted among
arrestees and in correctional institutions--possible bias in
samplesSelf-report studies suggest a less clear-cut
relationshipSome concluding thoughts:Divorce does seem to be
more correlated than deathBroken home probably affects status
offenses more than serious delinquencyRemarriage does not
mitigate effect of divorce on youthContinued contact with non-
custodial parent does not mitigateLittle evidence that behavior
of children in broken homes improves over timePost-divorce
conflict related to child maladjustment
Family Variables Linked to Delinquency: Family ConflictIntra-
family conflict and discord have long been associated with
delinquencyVarious factors operative:emotional disturbancelow
warmth and affectionlow social skillsDifficult to establish
whether family conflict causes childhood maladies or vice
versaRelative consequences of the broken home vs. family
discordRecent review of literature suggests that both situations
are deleteriousChildren of divorced parents probably fare better
than children of high-conflict families
Family Variables Linked to Delinquency:
Parental RejectionGenerally believed that children need warm,
supportive relationships to thriveMost studies have used boys in
their samplesEarly studies suggested that rejection by either
mother or father was related to delinquencyJoan McCord’s
research finds that mother’s rejection is more significant in
early years; father’s in later years
Family Variables Linked to Delinquency:
DisciplineGluecks--found that lax or erratic discipline was most
associated with delinquencyNye--found that very erratic, strict,
or very permissive discipline most associated with delinquency.
Strauss--found that physical punishment tends to be more
associated with delinquency.
Family Variables Linked to Delinquency:
Family Role ModelsGluecks--find discipline ineffective when
parental behavior is inconsistentHirschi--found that even
criminal parents espouse conventional values. Intimacy
between parents more important than role modelingLaub and
Sampson--find that parental deviance related to chronic
delinquencyRowe and Gulley--find that siblings have an impact
on delinquency if relationship is intimate
Family Variables Linked to Delinquency:
Family SizeSome evidence suggests that larger families may be
productive of delinquencysuggested that this may be due to a
“dilution of resources.”Relationship is usually seen as more
indirectresource dilution often leads to educational
underachievementfamily size also related to social class
A Special Case:
The Abusive FamilyDefining child abuse and neglect:Abuse--
historically defined as “any non-accidental physical injury
inflicted on a child by a parent…”has come to be used more
generically to include neglect as wellNeglect--more passive,
referring to the deprivations that children suffer at hands of
parents or guardians. Three broad types:Physical
neglectEmotional neglectMoral neglect
Extent of Child Abuse:
Reported CasesAll states have laws for certain professionals to
report child abuse, but these cases represent only a tip of the
icebergLeading organization in reporting is the National
Committee to Prevent Child Abuse (NCPCA)Reported 3.1
million cases in 1995 (up 5% from 1994, and up 50% from
1985)26% of these were physical abuse10% sexual abuse53%
neglect3% emotional maltreatment17% “other”NCPCA
estimates about 1,200 children killed each year because of
abuse
Extent of Child Abuse:
Unreported CasesResearch by Murray Strauss in 1980:between
1.4 and 1.9 million children abused annuallythe average number
of assaults for each child was 10.5 (median 4.5)Estimates are
that as many as 1 in 10 boys and 1 in 3 girls have been sexually
abused
The Abused and the AbusersMost likely to be abused:Infants
(especially premature infants)Illegitimate childrenHyperactive
childrenBoysCircumstantialMost likely to abuse (in
order)Natural parentsStep parentsParamoursOther
relativesBabysitters/non-relative caretakers
What Causes Child Abuse?Adults who have been abused
themselvesSocial isolation and alienationSubstance abuseSocial
ClassThis has been controversial, though most experts agree
that there is a higher incidence in the lower classPerhaps due to
financial stress
Relationship between Child Abuse and DelinquencyLogical
relationshipAbuse provides a role model for aggressionAbuse
leaves one more vulnerable to stress
Clinical HistoriesStudies of incarcerated delinquents reveal that
a substantial majority have been abused in some way as
childrenProblem with these studies is that they do not tell us
about the known population of abused children and the % of
them who are delinquentsAlso, it may be that child abused is
caused by the delinquency!
Abuse
Modeling of Aggression
Vulnerability to Stress
Delinquency
Cohort Studies on Abuse and DelinquencyThis method follows
up cohorts of children who have been abused and compares their
delinquency to non-abused youthA major study by Cathy
Widom found that 27% of abused youth (compared with 17% of
non-abused youth) later had criminal recordsCertain categories
more affected by abuse than others; older, black males most
affectedGeneral conclusions:Abuse increases likelihood of
juvenile arrest by 53%Abuse increases likelihood of adult arrest
by 38%In a follow-up, Widom found greater likelihood of
persistent offending over time by abused children
Social Correlates of Delinquency
The School
Significance of the School in the Study of
DelinquencyCompulsory school attendance means that all
children spend significant time in schoolHence, school is
playing an increasing role in the socialization of childrenThe
time spent in school also means that children are spending
significant time with peer groups
The School and Delinquency:
Proposed EffectsTwo contradictory predictions about the role of
the school in delinquency:The school causes delinquencySchool
experiences are frustrating, especially to underachievers and
others who don’t fit inHence, the more time spent in school, the
more frustration, and the more delinquency
The school prevents delinquencyHere, the argument is that the
school teaches children proper values, monopolizes their time,
and builds positive relationshipsHence, spending time in school
should reduce the delinquency
School Attendance
Frustration
Delinquency
School Attendance
Positive Values,
Relationships
Less Delinquency
Theoretical Basis for PositionsEach of these positions is
grounded in two theoretical perspectives examined
earlier:School produces delinquency:Strain theorySchool
prevents delinquencyControl theory
Testing the Theories:
Elliot Study
Hypotheses
Rate of delinquency greater for boys while in school than out of
school
Delinquents who drop out have higher rate while in school than
while out
Method
743 10th grade boys
Data gathered from 10th-12th grade
“Graduates”=those who graduated or were in school entire time
“Dropouts”=those who left school in the study period
Delinquency measured by official contact
Findings
SES
AREASIn School
Out-of School
Graduates
Drop Outs
Subtotal
Drop Outs
Lower
4.13
8.70
4.96
2.42
Higher
4.92
4.95
4.92
4.63
Total
4.34
8.03
4.95
2.75
Testing the Theories:
Thornberry et al. Study
Hypotheses
Strain Theory: Criminal behavior of dropouts should decline
more sharply than that of graduates after leaving school, and
rates for dropouts should converge quickly with those of
graduates
Control Theory: Natural decline during post-high school years
should be more gradual for dropouts than graduates, and will
not converge with decline for graduates
Method
Sample: 10% sample of Philadelphia Birth Cohort Study (N=567
boys)
Variables: Dropping Out, Criminal Involvement (arrests), Race,
Father’s Occupation, Marital Status, Employment Status
Testing the Theories:
Thornberry et al. Study
Findings
Social Correlates of Delinquency
Social Class
Traditional UnderstandingLower class is responsible for most
crime and delinquencyThis view comes from several
sources:Selective focus on “crime in the streets” (these are
crimes more characteristic of lower classWhen MC commits
these crimes, almost always presented as “the exception” (e.g.,
Columbine shooting)Police surveillance more close in lower
class areasEarly empirical studies which focused on lower class
Some Early Self-report Evidence:
Individual Social Class
Study by Empey and EriksonMethodologySelf-report data from
180 males 15-17 years old50 HS boys never in court (non-
delinquents)50 HS boys once in court (one-timers)50 HS boys
on probation30 HS boys incarceratedMeasuresSocial class
(father’s occupation)29% lower class55% middle class16&
upper classDelinquency--22 separate offenses; asked if (1) ever
committed; (2) how often committed; (3) ever caught; (4) how
often caught
Study by Empey and Erikson (cont.)
Overall Findings
Social Class
Percent of Sample
Percent of Delinquency
Upper Class
16
9
Middle Class
55
59
Lower Class
29
32
Study by Empey and Erikson (cont.)
Findings for Specific Offenses
OffenseLower Class
(29%)
% of viol.
Middle Class
(55%)
% of viol.
Upper Class
(16%)
% of viol.
Theft > $50
33%
59%
8%
Forgery
9%
90%
1%
B and E
24%
67%
8%
Vandalism
22%
70%
8%
Armed Robbery
12%
88%
0%
Driving w/o license
44%
51%
4%
Auto Theft
38%
60%
2%
Narcotics
64%
36%
0%
Skip School
46%
47%
7%
Some Early Self-report Evidence:
Community Social Class
Clark and Wenninger StudyFocus of studyCompares
delinquency rates across communities with social class
characteristicsAlso compares between social classes within the
same communityHypothesesWill be differences in delinquency
across communities of different social class compositionWill be
differences in delinquency among similar social classes in
different communitiesWill not be differences across social
classes in the same community
Clark and Wenninger Study (cont.)
Methodology
1154 children in grades 6-12 were given anonymous
questionnaires
Represented 4 different kinds of communities:
Rural farm--communities where farming was primary
occupation. Considered working class
Lower Urban--located in inner city Chicago
Industrial City--blue collar community
Upper Urban--wealthy suburb of Chicago
All respondents were asked if they had committed any or all of
a list of 38 specific offenses; and how many times they had
committed that offense
Offenses were then compared across the cities, and across social
classes within each city.
Findings
Industrial City
Lower Urban
Similar Delinquency
Patterns
Upper Urban
Rural Farm
Different Delinquency
Patterns
Some Early Self-report Evidence:
Rising Affluence
Study by Jackson TobyFocus of StudyObserved that
delinquency rates were increasing just as rapidly in affluent
societies as in poor societies. Sought to explain this
phenomenonMethodologyUsed as indicator of affluence:# of
radios/100 population# of TV’s/100 population# of cars/100
populationRanked countries from most to least affluent (USA
most, Pakistan, least)Ranked % increase in affluence from 1954
to 1964Measured delinquency through this time
Study by Jackson Toby (cont.)
Findings
rising affluence is directly associated with delinquency (linked
with rising expectations)
rising affluence results in less parental control (because of more
women in the labor force
as a mitigating factor, rising affluence results in greater
education, which is linked with lower levels of delinquency
Reassessing Social Class and Delinquency I: Criticisms of Prior
ResearchProblems with measures of delinquencyMuch of early
self-report studies used trivial offenses in addition to more
serious offenses. These sorts of offenses will be disbributed
more evenlyPrevalence rather than incidence figures were used
in early studies Prevalence refers to how many people have ever
engaged in delinquencyIncidence refers to the number of acts
committedEarly studies focused on delinquency over an entire
lifetimeProblems with measures of social classMost studies has
been measured with “status attainment” variables--parent’s
occupation, education, etc.Alternative measures, such as
unemployment or welfare status, are more likely to show a
relationship between social class and delinquency
Reassessing Social Class and Delinquency II:
Recent StudiesMethodologyUsed a portion of the National
Youth Study (from Seattle)Asked respondents how many times
(incidence) they had committed a delinquent actCompared
relationship between social class and delinquency in different
communitiesFindingsWeak associations between social class
and delinquency, regardless how either of these variables are
measured (strongest associations found when using parents
education as measure of SCNeighborhood comparisons did not
affect social class-delinquency relationship.
Joseph Weis Study
Social Correlates and Delinquency
Juvenile Gangs
History of Gangs in AmericaAmerican society has a long
history of violent gang activityBoston Tea Party!Vigilante
groups on the frontierRioting farmersRacial riots“Youth” gangs
also have a long history, though not always equated with
delinquency
Defining “Gang”Problem with lack of consistent
definitionErikson and Jensen’s implied definition:2 or more
youth engaged in delinquent behaviorWalter Miller’s extended
definitionConducted interviews with 445 staff members in over
160 youth service agencies in 24 major citiesAsked them, “What
is your conception of a gang?”On bases of these responses,
developed definition and list of key characteristics (see next
slide)
Miller’s Characteristics and Definition of a
GangCharacteristics:OrganizationIdentifiable
leadershipIdentification with a territoryContinuous
associationSpecific purposeEngaging in illegal
activityDefinition (incorporating above):
“A youth gang is a self-formed association of peers bound
together by mutual interests, with identifiable leadership, well
developed lines of authority, and other organizational features,
who act in concert to achieve a specific purpose or purposes
which generally include the conduct of illegal activity and
control over a particular territory, facility, or type of
enterprise.”
Types of GangsGangs can be categorized on several
dimensions:Social Class (e.g., lower class vs. middle class
gangs)Type of activity:Cloward and Ohlin’s TypologyCriminal
gangsConflict gangsRetreatist gangsJeffrey Fagan’s
TypologySocial Gangs (alcohol and drugs)Party Gangs (heavy
drug use, some vandalism)Serious Delinquent Gangs (serious
delinquency; avoids drug use)Ethnic compositionType of
organization (see next slide)
Lewis Yablonsky’s TypologyYablonsky identified 3 types of
gangs, based on the sophistication of their
organizationInstitutionalized GangUsually very large gangs
which have become intricately involved in their
communitiesOften entail a “federation” of several local
gangsExamples include Black P. Stone Nation, Vice Lords and
possibly Crips, and BloodsOrganized ClubOrganized around
delinquency, but do not have the scale or organization of
institutionalized gangsNear Group (see next page)
Yablonsky’s “Near Group”According to Yablonsky, the “near
group” is the most common type of gang7 characteristics of near
groups:Diffuse role orientationLimited
cohesionImpermanenceMinimal consensus of normsShifting
membershipDisturbed leadershipLimited definition of
membership expectation3 levels of
membershipLeadersAffiliatorsPeripheral Members
Non-Sociological Theories of Gang FormationEarly theories--
that there was a natural propensity toward gang formation
among boysAnthropological view--gangs fulfill deep-seated
needs for tribal group process such as that which sustained our
ancestors over the milleniaPsychological view--gangs serve as
an outlet for psychologically diseased youthRational choice
view--gangs provide opportunities to realize goals. Such goals
include financial gain, protection, and social support.
Sociological Theories of Gang FormationFrederick Thrasher--
gangs arise out of spontaneous play groupsTannenbaum--gangs
fill a need for primary group involvementReview general
theories of Cloward and Ohlin, Cohen, Shaw and McKay
Extensiveness of Gangs
Extensiveness of Gangs
Researcher
Year
Number of Gangs
Number of Gang Members
Walter Miller
1975
55,000
Walter Miller
1982
98,000
National Gang Assessment
1992
4,881
249,324
National Gang Assessment/
Replication
1994
8,625
16,643*
378,807
555,181*
Malcolm Klein
1995
500,000
Extent of Gang DelinquencyErikson and Jensen study
Miller Study
Social Correlates of Delinquency
Drug Use
Types of Drugs UsedNarcoticsOpium, Morphine, Heroin,
Dilaudid, etc.DepressantsAlcohol, tranquilizers, most
inhalantsStimulantsCaffeine, nicotine, amphetamines, cocaine,
crackHallucinogensLSD, mescaline, peyote, nutmegMarijuana
How is Drug Use Measured:
Three National SurveysInstitute for Social Research (ISR)
SurveyAnnual survey of 50,000 students from in 8th 10th and
12th grades 400 public and private schoolsAsked about lifetime,
monthly, and annual use of 16 commonly abused drugs
(including alcohol and tobacco10-year follow-up done on about
2,400 studentsParents Resource Institute for Drug Abuse
(PRIDE)conducts annual surveys ofmore than 200,000 juniors
and seniors in 34 statesNational Household Survey
(NHS)annually interviews about 10,000 people in their homes
Trends in Drug Use:
ISR Statistics
Trends in Drug Use:
NHS Statistics
Drug Use and Crime:
Three Models
Drug Use: A Career Model
Career Patterns of Heroin Use
Drug
Availability Life Structure
HighLow
HighStable
Addict
Free-Wheeling Addict
LowOccasional
User
Street Junkie
The Juvenile Justice System
An Overview
Nineteenth Century Juvenile JusticeAmerican juvenile justice
(and criminal justice) is rooted in the English legal systemthis
system did not much discriminate between adult and child
offendersUnder age 7 (or 10) child was not considered
prosecutable at all; over age 10, could be prosecuted as an
adultTreatment was harsh, and children were often housed with
adult criminalsSome humanizing attempts were
introduced:Massachusetts introduced probation in 1841By mid-
century, special institutions introduced for children
Factors in the Development of the Juvenile Court
Industrialization and Urbanization19th century witnessed
massive population growth due to higher birth rates and
immigrationIndustrial economy resulted in massive relocation to
the cities
Child-Saving MovementThis name was given collectively to
those responding to the needs of primarily poor children in the
19th century.They engaged in various activities:lobbied state
legislatures to enact laws to commit wayward youthinstrumental
in development of the institutionlaunched propaganda
campaignsgenerally, brought into focus the concept parens
patriaeMost of the child savers were white, middle class
womenThe premiere organization to emerge was Society for the
Prevention of Cruelty to Childrenfirst established in New York
in 1874By 1900, 300 SPCC chapters were formed
The Juvenile InstitutionThis was a major contribution of the
child savers
Were called by various names, including Houses of Refuge,
Reform Schools, etc.
Initially, these were congregate living arrangements; later the
“cottage plan” was implemented
Establishment of the Juvenile CourtThe juvenile court was the
logical next step to the institutionIt was first established in
Cook County, IL, in 1899By 1917, all but three states had
adopted the juvenile courtThe Illinois invention a watershed:it
set the model for courts to comemade an official distinction
between neglected and abused children, and those who were
delinquentconsequently, for the first time, juvenile misconduct
was officially known as “juvenile delinquency.”
Twentieth Century ImplementationThe new juvenile courts
handled three types of cases:criminal (delinquent) cases“status
offense” cases (by about 1920)delinquent environment cases
The Illinois model went unchallenged until after WWIIMajor
challenges came in the 1960’s:In re Gault and other cases
challenged the lack of constitutional rights for children,
including right to attorney, etc.In 1962, New York created a
“family court:”included other family issues such as adoption
and support hearingsestablished a new category: Person in Need
of Supervision (PINS)
Contemporary OverviewMore than 3000 juvenile courts in the
U.S. About 6500 juvenile probation officersSome statistics on
juveniles:2.2 million juveniles arrested each year1.5 million of
these are petitioned to the courts500,000 children placed on
formal or informal probationjust under 100,000 held in
institutionsuntold number diverted into community work
Philosophical and Procedural Distinctions between Juvenile and
Criminal JusticePhilosophical differencesfocus on rehabilitation
(vs. punishment)concern for the welfare of the child (vs.
community)Procedural differenceseffort made to reduce stigma
attached to criminal courtsproceedings are much more
informalproceedings are usually kept privateonly recently have
lawyers and cross examination been allowed
Key Court Cases in Twentieth Century Juvenile JusticeKent v.
United States (1966)In re Gault (1967)In re Winship
(1970)McKeiver v. Pennsylvania (1971)Breed v. Jones (1975
Official Reaction to Juvenile Delinquency
Components of the Juvenile Justice System I:
The Police
History of Police Work with JuvenilesRoots are in the English
system of policing1st organized police force established in
England in 1829. Called “bobbies” Children recognized as a
special problem by mid-centuryPolice departments organized in
the US by mid-19th centuryDid not recognize special problems
of children until late 19th centuryDuring 1960’s, attention to
juveniles took on more importance with Supreme Court
decisionsBy 1980’s most dep’ts had special juvenile officers
and larger cities had entire juvenile units.
Common Perceptions of Policework
Typical Police Roles with JuvenilesOne study suggests only 5%
of police encounters with juveniles are for felonies; 60%
involve nothing more than rowdinessJuvenile work often
involves conflict for the officer because it does not conform to
stereotypical roles of law enforcement officer
Three Broad Types of Organization
Organization of Police Work with Juveniles
Juvenile cases handled by the regular police
This is the historic pattern
Only very small communities have this pattern today
Assignment of one or more officers to juvenile cases
Became a common strategy in the 70’s and 80’s
Officers were specially trained to deal with juveniles
Created morale problems as juvenile officers were stigmatized
Establishment of separate juvenile units
This is the practice of larger departments
Often there are subunits, such as drug education, child abuse,
crime, missing children, and gang units
Police Decision-MakingIdeally, officers should make decisions
strictly on legally-relevant factors
The reality is that they must often use personal discretion
Because many of their decisions are “low visibility” there is
great potential for bad decisions to be made
Factors Influencing Police Decision-Making
Included here are such factors as seriousness of the crime, prior
record of the juvenile, and any aggravating or mitigating
circumstances
Such factors include the general community’s tolerance of
youthful misbehavior; policies, practices and customs of the
local police department; and alternatives to arrest
Such factors include the attitude of the juvenile, attitude of the
complainant, perceived willingness of parents to cooperate, etc.
Racial and gender prejudices; and organizational biases
resulting from discriminatory police practices
Empirical Studies of Police Discrimination: Piliavin and Briar
For serious offenses, the nature of the offense itself was the
primary factor in police disposition
For less serious offenses (90% of all police encounters) it was
the officer’s assessment of the “character” of the offender.
This usually was assessed by demeanor (see table)
Demeanor
DispositionCooperative
UncooperativeTotal
Arrest
2 (4.4%)
14 (66.7%)
16
Citation
8 (8.9%)
5 (23.8%)
9
Informal Reprimand
15 (33.3%)
1 (4.8%)
16
Admonish and Release
24 (53.3%)
1 (4.8%)
25
Total
45
21
66
Empirical Studies of Police Discrimination: Black and Reissthe
“social distance” between offender and victim is greaterfamily
situations--45% arrestedfriends/neighbors--77%
arrestedstrangers--88% arrestedthe complainant prefers
arrestprefers--50% arrestedpreference unclear--16%
arrestedprefered no arrest--0%
Found that an arrest is most likely when:
Suspect fails to show deference
“very deferential”--22% arrested
“civil”--16% arrested
“antagonistic”--22% arrested
Official Reaction to Juvenile Delinquency
Components of the Juvenile Justice System II:
Pretrial
Elements Involved in Pretrial
IntakeRefers to the screening of cases by the juvenile court
systemDone by intake officers who are often probation
officersIntake results in one of the following:send youth home
with no further actiondivert youth to a social service
agencypetition to juvenile court and release until court
datepetition to court and hold in detentionwaive (transfer) case
to adult court
Juveniles at
intake hearing
*
Photo taken from Senna and Siegel Juvenile Delinquency, 7th
edition
DiversionRefers to screening children from the court without
judicial determinationAlso referred to as:nonjudicial
adjustmentinformal dispositionadjustmentCan be employed by
police departments or courtsEncourages the child to participate
in a specific program or activity with implied threat of further
prosecution
Pros and Cons of Diversion
Helps juvenile justice system run smoothly
Allows for reallocation of resources to other programs
Costs less than institutionalization
Helps children avoid being stigmatized
Results in “widening the net”
Many children who would have before simply sent home are
now formally in the system
DetentionRefers to the holding of children in secure facilities
until trialPretrial detention normally used only when:child
might be inclined to run away before trialchild might be
inclined to commit another serious crimechild is a violator from
another jurisdictionAlternatives to detentionsend the child home
(most common pre-trial procedure)send to shelter care--less
restrictive, normally for status offenderssend to foster care--
normally for abused and neglected children
Trends in DetentionIncreases in detention are increasing despite
decreases in delinquencyReasons include: rise in serious
crimeincreased link between drug use and delinquencyyounger
children becoming involved in serious crimes
Problems With and Recommended Changes for Detention
Seen by some as incarceration without a trial
Due to discretion in who is and is not detained, there tends to be
racial and class discrimination
May have a strong negative effect on child due to lack of
rehabilitative services
Some jurisdictions still detain children in adult facilities
Some suggest prohibiting detention altogether
Should be reserved for juveniles representing a major threat to
community
Should be some rehabilitative services provided
Transfer to Adult CourtAll states now have a provision to
transfer juveniles to adult courts when deemed appropriateThree
models for adult transfer. They are not mutually
exclusive:Concurrent jurisdiction--prosecutor is given total
discretionExcluded offenses--statutorily identifies certain
offenses as transferrableJudicial Waiver--the court (not
prosecutor) waives jurisdiction
Pros and Cons of Adult Transfer
Some suggest that repeat, hardened offenders are beyond
rehabilitation anyway
Need threat of tough punishment to deter them
Can you think of any other pros?
Opponents claim that that only half-hearted attempts have been
made at rehabilitation
Claim that the transfer is a copout and admission of failure
Can you think of any other cons?
The PetitionIf a child is not diverted or waived, he/she will be
petitioned to juvenile courtThe petition is the formal legal
complaint that initiates judicial actionA petition can be brought
by:a police officersocial service agencyfamily member or
guardianIf child admits to allegations, hearing is scheduled to
initiate a treatment planIf child does not admit to facts of
petition:hearing is scheduled to hear the factspredisposition
report is preparedparents are notified of hearing date
Official Reaction to Juvenile Delinquency
Components of the Juvenile Justice System III:
Trial and Disposition
Organizational Structure of the Juvenile Court
Three Organizational Models
Juvenile Court Organized as Part of a Lower CourtMost
common of all structuresMight be part of District CourtCity
CourtRecorders CourtBecause lower courts tend to have lower
prestige, juvenile courts in these jurisdictions also suffer in
importance
Juvenile Court Organized as Part of a Higher CourtThe higher
court is typically a circuit court or superior courtThese are also
courts that hear adult criminal casesJuvenile court generally has
more stature in these jurisdictions
Juvenile Court Organized as an Independent Court
SystemTypically, the independent court system is devoted to
family court mattersSome states organize this way on a state-
wide basis; others, such as Alabama, allow separate
jurisdictions to do so.Advantages of separate court:Can better
serve sparsely populated areas Permits judicial personnel to
deal exclusively with juvenile (and family) mattersMore
effective in obtaining legislative fundingProvides more
consistency in dealing with family mattersMajor disadvantages
is that restructuring costs can be substantial
Actors in the Juvenile Court
Actors in the Juvenile Court:
The JudgeFunctionsRule on pretrial motionsMake decisions on
continued detentionRule on plea bargaining agreementsHandle
all adjudicationsHold dispositional hearings and make
dispositionsHandle appealsCoordinate and gather information
from various agenciesProvide leadership in developing youth
servicesSelection of juvenile court judges--several
methodsGovernor appointmentPartisan or non-partisan
electionsState legislature appointmentsMissouri plan
Actors in the Juvenile Court:
Classical School
Criminology
CLASSICAL SCHOOLBEGAN IN MIDDLE OF 18TH
CENTURYASSUMPTION: INDIVIDUALS CHOOSE TO
COMMT CRIMES AFTER WEIGHING THE CONSEQUENCES
OF THEIR ACTIONSINDIVIDUALS HAVE FREE WILL &
CHOICEFEAR AS DETERENTSOCIETY CAN CONTROL BY
MAKING PAIN OF PUNISHMENT GREATER THAN
PLEASURE OF CRIMINAL GAINS
Historical ContextPrior to the French Revolution of 1789, there
was no discernable criminal justice system in Europe.Due
process did not existMany laws were not codified
Punishments included branding, burning, flogging, mutilating,
drowning, banishing, and beheadingPublic Punishments were
popular events
The Classical Scholars
Modern criminology is the product of two main schools of
thought: The classical school originating in the 18th century,
and the positivist school originating in the 19th century.
*
Pre-Classical Notions of Crime & Criminals
Prior to the eighteenth century, explanations
of a wide variety of phenomena tended to be
of a religious or spiritual nature.
*
Pre-Classical Notions of Crime & Criminals
Demonological explanations of crime began to wane in the 18th
century with the beginning of a period of historians call The
Enlightenment, which was essentially a major shift in the way
people began to view the world and their place.
*
Pre-Classical Notions of Crime & Criminals
Enlightenment thinkers focused on the dignity and worth of the
individual.
A view that would eventually find expression in the law & the
treatment of criminal offenders.
*
HISTORICAL CONTEXTThe Classical School aroseOUT OF
REACTION TO BARBARIC SYTEMPRIOR TO THIS CRIMES
AGAINST THE STATE, CHURCH, AND CROWN BUT NO
REAL SYSTEM OF CRIMINAL JUSTICESOME CRIMES
SPECIFIED BUT JUDGES COULD CONVICT FOR AN ACT
NOT EVEN LEGALLY DEFINED AS A CRIME
HISTORICAL CONTEXTLETTRE DE CACHET – ISSUED BY
MONARCHS UNDER WHICH AN INDIVIDUAL COULD BE
IMPRISONED FOR NO REASON AT ALLMANY LAWS
UNWRITTENDID NOT SPECIFY TIME OR TYPE OF
PUNISHMENTCRUEL/ARBITRARY SENTENCESENGLAND
OVER 200 DEATH PENALTY LAWS INCLUDING PETTY
THEFT
HISTORICAL CONTEXTPUBLIC PUNISHMENT
POPULARTORTURE TO ELICIT CONFESSIONSA MAN
WOULD SUFFER TORTURE TILL DEATH TO AVOID TRAIL
SO HIS FAMILY COULD RETAIN LANDS AND GOODSGAP
BETWEEN HAVES AND HAVE NOTS GREW AS INDUSTRY
GREW
HISTORICAL CONTEXTUPPER CLASS PROTECTED SELF
VIA RUTHLESS OPPRESSIONSOCIAL UNREST GREWAS
CRIME RATES ROSE SO DID BRUTALITY OF
PUNISHMENTVIOLENCE TO CONQUER
VIOLENCEGROWING EDUCATED CLASS SAW
INCONSISTENCY
HISTORICAL CONTEXTIF TERRIBLE TORTURE DESIGNED
TO DETER CRIME WHY WAS CRIME INCREASINGMID
18TH CENTURY SOCIAL REFORMERS SUGGEST MORE
RATIONAL APPROACHCECARE BECCARIA LAID
FOUNDATION FOR SCHOOL OF CRIMINOLOGY –
CLASSICAL SCHOOL
BasicsThere are two basic schools of thought in early
criminology
The Classical School
The positivist School
The Classical SchoolRuthless oppression of those beneath it
became the norm.The growing educated classes began to see the
inconsistency in these policies
Classical Criminology
Cesare BeccariaFounding Father of Modern CriminologyWrote
On Crimes and PunishmentEnlightened criminal justice system
that would serve the people rather than the monarchy
Cesare Beccaria and Reform
The father of classical criminology is generally considered to be
Cesare Bonesana, Marchese di Beccaria.
Dei Delitti e della Pene (On Crimes and Punishment) (1764):
This book is an impassioned plea to humanize and rationalize
the law and to make punishment more just and reasonable.
*
CESARE LOMBROSOMEDICAL DOCTOR/PROFESSOR OF
PSYCHIATRYLATER PROFESSOR OF CRIMINAL
ANTHROPOLOGYTHEORY – “BORN CRIMINAL” – LOWER
FROM OF LIFE NEARER APE-LIKE
ANCESTORSATATVISTIC STIGMATA – PHYSICAL
FEATURES OF CREATURES AT AN EARLIER STAGE OF
DEVELOPMENT, BEFORE FULLY HUMAN
LOMBROSOSTIGMATA – HUGE JAWS, STRONG CANINE
TEETH, GREATER ARM SPAN, ETC.ANY FIVE STIGMATA
IS “BORN CRIMINAL”PROSTITUTE “BORN CRIMINAL” IN
WOMANINSANE CRIMINALS – BECOME SO DUE TO
CHANGE IN BRAIN UNCTIONING LIMITING ABILITY TO
DISTINGUISH RIGHT FROM WRONGCRIMINOLOIDS –
HABITUAL, PASSIONATE, ETC.
LOMBROSOMOST SCIENTISTS WHO FOLLOWED
LOMBROSO DID NOT SHARE HIS VIEWPOINTWORK KEPT
ALIVE MORE BY CRITICISM THAN AGREEMENTHIS
THEORIES DO NOT STAND UP TO SCIENTIFIC
SCRUTINYHIS THOUSANDS OF MEASUREMENTS ON LIVE
AND DEAD CRIMINALS DID CHANGE THE NATURE OF
QUESTIONING
Beccaria did not question the need for punishment, but he
believed that laws should be designed to preserve public safety
and order, not to avenge crime.
To ensure a rational and fair penal structure, punishments for
specific crimes must be decreed by written criminal codes, and
the discretionary powers of judges severely curtailed.
The Classical School:
Cesare Beccaria and Reform
*
“Crime Problem”According to Beccaria the crime problem could
be traced to bad laws, not bad people.Beccaria assumed that
crime is a rational choice and individuals are responsible for the
consequences of their behaviorHis plan included the following
elements:
Beccaria’s Principles
Laws should be used to maintain the social contract
Only legislators should create laws
Judges should impose punishment only in accordance with the
law
Judges should not interpret the laws
Punishment should be based on the pleasure/pain principle
Punishment should be based on the act, not on the actor
Beccaria’s Principles Continued
The punishment should be determined by the crime
Punishment should be prompt and effective
All people should be treated equally
Capital punishment should be abolished
The use of torture to fain confessions should be abolished
It is better to prevent crimes than to punish them
Influential!Beccaria’s book had a huge impact in the field of
criminology.Beccaria’s plan was used as the foundation for
many penal codes in Europe, Russia and the United
StatesBeccaria’s work influenced the first 10 amendments to the
U.S. Constitution (the Bill of Rights).
Jeremy Bentham’s UtilitarianismBentham’s work was governed
by the utilitarian principlesUtilitarianism assumes all human
actions are calculated in accordance with their likelihood of
bringing happiness (pleasure) or unhappiness (pain)
Jeremy Bentham and Human Nature
Principles of Morals and Legislation (1789) is a philosophy of
social control based on the principle of utility, which prescribed
“the greatest happiness for the greatest number.”
Any human action at all should be judged moral or immoral by
its effect on the happiness of the community.
Hedonism: A doctrine with the central tenet that the
achievement of pleasure or happiness is the main goal of life.
*
Rational behavior is behavior that is consistent with logic.
Hedonism and rationality are combined in concept of the
hedonistic calculus, a method by which individuals are assumed
to logically weigh the anticipated benefits of a given course of
action against its possible costs.
Jeremy Bentham and Human Nature
*
Free will enables human beings to purposely and deliberately
choose to follow a calculated course of action.
If crime is to be deterred, punishment (pain) must exceed the
pleasures gained from the fruits of crime.
Jeremy Bentham and Human Nature
*
Calculation…Bentham proposed the “felicific
calculus”According to this reasoning, individuals are “human
calculators” who put all the factors into an equation in order to
decide whether or not a particular crime is worth committing.
Bentham hypothesized that the certainty of punishment
outweighs severity as a deterrent against crime.
Classical School is reform focusedBoth Beccaria and Bentham
advocated a new philosophy and a new system of legal and
penal reform.They believed the punishment should not be
inflicted for vengeance; rather, punishment should be for the
reduction or deterrence of crime.
The Legacy of the Classical School
All modern criminal justice systems in the world assume the
classical position that persons are free agents who deserve to be
punished when they transgress the law.
*
The Legacy of the Classical School
Many of the ideas championed by Beccaria in such rights as
freedom from cruel and unusual punishment, the right to a
speedy trial, as freedom from cruel and unusual punishment, the
right to a speedy trial, the prohibition of ex post facto laws, the
right to confront one’s accusers, and equality under law,
contained in the Bill of Rights and other documents at the heart
of Western legal systems today.
*
Weaknesses in the Classical SchoolThere was no need to ask
why people behave as they do, to seek a motive, or to ask about
the specific circumstances surrounding criminal acts.Factors
beyond their control were not taken into account when
explaining criminal behavior.
Neoclassicism: Rational Choice Theory
Rational choice theorists believe that factors such as poverty,
IQ, impulsiveness, or broken homes are not required to explain
crime.
The choice is made in context of personal and situational
constraints and the availability of opportunities.
Criminal acts are specific examples of the general principle that
all human behavior reflects the rational pursuit of maximizing
utility, which is the modern economists version of Bentham’s
principle of maximizing pleasure and minimizing pain.
*
Neoclassicism: Rational Choice Theory
Rational choice theory assumes a criminally motivated offender
and focuses on the process of the choice to offend.
Choice structuring: The constellation of opportunities, costs,
and benefits attaching to particular kinds of crimes.
Explanations of criminal events must be crime specific because
offenses have properties of their own.
*
Deterrence and Choice: Pain versus Gain
Deterrence: The prevention of criminal acts by the use or threat
of punishment.
Specific deterrence refers to the effect of punishment on the
future behavior of the person who experiences the punishment.
Recidivism: Committing another crime after previously being
punished for one.
*
There must be a relatively high degree of certainty that
punishment will follow a criminal act, the punishment will be
administered very soon after the act, and it must be quite harsh.
The affect of punishment on future behavior depends on the
contrast effect, which is the distinction between the
circumstances of punishment and the usual life experience of
the person being punished.
Deterrence and Choice: Pain versus Gain
*
General deterrence: the preventive effect of the threat of
punishment on the general population; it is aimed at potential
offenders.
Deterrence theorists tend to assume a more rational human
being than rational choice theorists, their models being full of
complicated mathematical models defining cost/benefit ratios.
Deterrence and Choice: Pain versus Gain
*
Figure 3.1
Summary and Comparisons of the Classical and Positivist
Schools Pertaining to Certain Issues
ClassicalPositivistHistorical Period 18th-century
Enlightenment, early period of Industrial Revolution 19th-
century Age of Reason, mid–Industrial RevolutionLeading
Figures Cesare Becarria, Jeremy BenthamCesare Lombroso,
Raffael Garofalo, Enrico FerriPurpose of SchoolTo reform and
humanize the legal and penal systemsTo apply the scientific
method to the study of crime and criminalityImage of Human
Nature Humans are hedonistic, rational, and have free will. Our
behavior is motivated by maximizing pleasure and minimizing
pain.Human behavior is determined by
psychological, biological, or social forces that constrain our
rationality and free will.
*
Figure 3.1
Summary and Comparisons of the Classical and Positivist
Schools Pertaining to Certain IssuesImage of Criminals
Criminals are essentially the same as noncriminals. They
commit crimes after calculating costs and benefits. Criminals
are different from noncriminals. They commit crimes because
they are inferior in some way.Definition of CrimeStrictly legal;
crime is whatever the law says that it is.Based on universal
human abhorance; crime should be limited to inherently evil
(mala in se) acts.Purpose of PunishmentTo deter. Punishment is
to be applied equally to all offenders committing the same
crime. Judicial discretion to be limited.Social defense.
Punishment to be applied differently to different offenders
based on relevant differences and should be rehabilitative.
*
Connecting Criminological Theory & Social Policy
Theories of crime causation imply that changing the conditions
the theory holds responsible for causing crime can reduce it and
even prevent it.
Policy: A course of action designed to solve some problem that
has been selected from among alternative courses of action.
Every theory has policy implications deducible from its primary
assumptions and propositions
A good theory should offer useful practical recommendations.
*
Policy and Prevention:
Implications of Neoclassical Theories
Rational choice and routine activities theories shift the policy
focus from large and costly social programs to target hardening
and environmental designs that might dissuade a motivated
offender from offending.
The policy recommendations of deterrence theory increase the
costs of committing crimes and there will be less of it.
*
Policy and Prevention:
Implications of Neoclassical Theories
Lombroso believed that punishment should be only determined
after a thorough assessment of offenders and their needs.
As a social defense, Lombroso recommended death or life
imprisonment for congenital offenders.
*
Classical and Neoclassical PerspectivesFrom theology to
scienceCauses of crime and deviance: gods and demonsAge of
reasonClassical school of criminologyRise of
positivismNeoclassical Perspectives:Rational Choice
TheoryDeterrence TheoryTypes of DeterrenceRoutine Activities
theory
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Neo Classical Theory
Classical and Neoclassical Perspectives
From theology to science
Causes of crime and deviance: gods and demons
Age of reason
Classical school of criminology
Rise of positivism
Neoclassical Perspectives:
Rational Choice Theory
Deterrence Theory
Types of Deterrence
Routine Activities theory
Neoclassical Perspectives
Rational-choice theory assumes people choose to commit crime
after calculating whether its rewards outweigh risks
Derek B. Cornish and Ronald V. Clarke
Rational choice perspective assumes that offenders choose to
commit crime because of the benefits it brings them
Neoclassicism: Rational Choice Theory
Rational choice theorists believe that factors such as poverty,
IQ, impulsiveness, or broken homes are not required to explain
crime.
The choice is made in context of personal and situational
constraints and the availability of opportunities.
Criminal acts are specific examples of the general principle that
all human behavior reflects the rational pursuit of maximizing
utility, which is the modern economists version of Bentham’s
principle of maximizing pleasure and minimizing pain.
4
Neoclassicism: Rational Choice Theory
Rational choice theory assumes a criminally motivated offender
and focuses on the process of the choice to offend.
Choice structuring: The constellation of opportunities, costs,
and benefits attaching to particular kinds of crimes.
Explanations of criminal events must be crime specific because
offenses have properties of their own.
5
Deterrence and Choice: Pain versus Gain
Deterrence: The prevention of criminal acts by the use or threat
of punishment.
Specific deterrence refers to the effect of punishment on the
future behavior of the person who experiences the punishment.
Recidivism: Committing another crime after previously being
punished for one.
6
There must be a relatively high degree of certainty that
punishment will follow a criminal act, the punishment will be
administered very soon after the act, and it must be quite harsh.
The affect of punishment on future behavior depends on the
contrast effect, which is the distinction between the
circumstances of punishment and the usual life experience of
the person being punished.
Deterrence and Choice: Pain versus Gain
7
General deterrence: the preventive effect of the threat of
punishment on the general population; it is aimed at potential
offenders.
Deterrence theorists tend to assume a more rational human
being than rational choice theorists, their models being full of
complicated mathematical models defining cost/benefit ratios.
Deterrence and Choice: Pain versus Gain
8
Evaluating Rational Choice Theory
Studies of active robbers, burglars, and other offenders
Offenders who plan vs. offenders who give very little thought to
their crime
Focus on the criminal event
Situational factors and opportunities that affect decisions to
commit crime
Situational crime prevention
Drugs and alcohol
Deterrence Theory
Neoclassical perspective
Assumes that potential and actual legal punishment can deter
crime
Rational choice theory and deterrence theory often considered
synonymous
Assumptions underlie the “get tough” approach, involving
harsher punishments and more prisons
Types of Deterrence
Marginal: The effect of increasing the severity, certainty, and/or
swiftness of legal punishment
General: Members of public decide not to break the law because
they fear punishment
Specific: Offenders already punished decide not to commit
another crime
Deterrence Theory
Deterrence Theory
Considerations that affect the size of any impact the criminal
law may have on deterrence:
Type of criminal offense
Instrumental offenses
Expressive offenses
Whether offenders have high or low commitment to criminal
behavior
Whether a crime tends to occur in public or private
Additional considerations
Research on Deterrence
Most research has focused on the certainty (likelihood of being
arrested) of punishment and on the severity (whether someone is
incarcerated and if so how long) of punishment
Is the Death Penalty an effective Deterrent?
Things to Consider…
Routine Activities Theory
Neoclassical perspective
Also known as routine activity theory
Focus on criminal victimization patterns
Rational choice assumptions of criminal decision-making
Assumes that crime is more likely when 3 factors are
simultaneously present:
Motivated offenders
Attractive targets
An absence of guardianship
Routine Activities Theory
1979: Lawrence E. Cohen and Marcus Felson
For crime to happen, offenders, targets, and the absence of
guardians must all converge at the same time and in the same
location
When people’s routine activities change, crime rates change as
well
There will always be a supply of motivated offenders
Routine Activities Theory
Focus on changes in the supply of attractive targets and in the
presence/absence of guardianship as key variables affecting
changes in crime rates
Criminal opportunity structure
Opportunity theory of crime
Routine activities inside or near one’s home result in less
victimization than activities that occur away from home
Routine Activities Theory
Crime results in part from the activities that so many people
ordinarily enjoy
“Rather than assuming that predatory crime is simply an
indicator of social breakdown, one might take it as a byproduct
of freedom and prosperity as they manifest themselves in the
routine activities of everyday life”
Evaluating Routine Activities Theory
Popular because:
It seems to explain important aspects of differences in crime
rates among different categories of people and among different
locations
It seems to explain important aspects of changes in crime rates
over time
Evaluating Routine Activities Theory
Certain studies have deepened the understanding of the factors
that contribute to target availability and the absence of
guardianship
Some researchers have used it to explain offending
May ignore factors that motivate offenders to commit crime
Situational Crime Prevention
Efforts in specific locations that aim to “reduce exposure to
motivated offenders, decrease target suitability, and increase
capable guardianship”
Examples:
Installing/increased lighting and camera surveillance on city
streets and in public parks
Providing/installing better security systems for motor vehicles,
commercial buildings, and homes
Hot-spot policing
Figure 3.1
Summary and Comparisons of the Classical and Positivist
Schools Pertaining to Certain IssuesClassicalPositivistHistorical
Period 18th-century Enlightenment, early period of Industrial
Revolution 19th-century Age of Reason, mid–Industrial
RevolutionLeading Figures Cesare Becarria, Jeremy
BenthamCesare Lombroso, Raffael Garofalo, Enrico
FerriPurpose of SchoolTo reform and humanize the legal and
penal systemsTo apply the scientific method to the study of
crime and criminalityImage of Human Nature Humans are
hedonistic, rational, and have free will. Our behavior is
motivated by maximizing pleasure and minimizing pain.Human
behavior is determined by psychological, biological, or social
forces that constrain our rationality and free will.
23
Image of Criminals Criminals are essentially the same as
noncriminals. They commit crimes after calculating costs and
benefits. Criminals are different from noncriminals. They
commit crimes because they are inferior in some way.Definition
of CrimeStrictly legal; crime is whatever the law says that it
is.Based on universal human abhorance; crime should be limited
to inherently evil (mala in se) acts.Purpose of PunishmentTo
deter. Punishment is to be applied equally to all offenders
committing the same crime. Judicial discretion to be
limited.Social defense. Punishment to be applied differently to
different offenders based on relevant differences and should be
rehabilitative.
Figure 3.1
Summary and Comparisons of the Classical and Positivist
Schools Pertaining to Certain Issues
24
Connecting Criminological Theory & Social Policy
Theories of crime causation imply that changing the conditions
the theory holds responsible for causing crime can reduce it and
even prevent it.
Policy: A course of action designed to solve some problem that
has been selected from among alternative courses of action.
Every theory has policy implications deducible from its primary
assumptions and propositions
A good theory should offer useful practical recommendations.
25
Policy and Prevention:
Implications of Neoclassical Theories
Rational choice and routine activities theories shift the policy
focus from large and costly social programs to target hardening
and environmental designs that might dissuade a motivated
offender from offending.
The policy recommendations of deterrence theory increase the
costs of committing crimes and there will be less of it.
26
Policy and Prevention:
Implications of Neoclassical Theories
Lombroso believed that punishment should be only determined
after a thorough assessment of offenders and their needs.
As a social defense, Lombroso recommended death or life
imprisonment for congenital offenders.
27
From PowerPoints, class discussion, and the textbooks as well
as your own reflection, please answer the following questions.
Feel free to write on the other side or to type answers.
1. How is criminological theory applied to juveniles?
2. Briefly explain the biological approach to explaining
juvenile delinquency.
3. Briefly explain the psychological approach to explaining
juvenile delinquency.
4. Based on your reading in chapter three of Whitehead, what is
the most useful theory in explaining juvenile delinquency?
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Explanations for DelinquencyA Brief Introduction to Soci.docx

  • 1. Explanations for Delinquency A Brief Introduction to Sociological Theory Theory Without Panic!A simple definition of theory:Theories are nothing more than explanations for how 2 or more phenomena are related to each other.We all apply theories every dayFor example, we explain “getting wet” by the falling rainScientific theory must be falsifiable:This means that it must be stated in such a way that it can be tested with empirical evidence;This evidence provides a litmus test--it either supports the theory or it fails to support the theoryIf supported, or verified, the theory gains credibility; if not supported, or falsified, the theory must be revised. What Causes Delinquency?What propels youths to commit delinquency?Complex interplay of a variety of biological, genetic, and environmental factors Further complicated by various reactions to environmental factorsWhy do only a few individuals who experience the same environments as many others actually commit crime? Criminological theories provide a scientific way to approach
  • 2. and understand why people commit crime Criminological ParadigmsClassical School TheoriesFocus on individual free will and our ability to make choices as the central explanation for committing delinquency/crime Positive School TheoriesEmbraces determinism and scientific method: Recognizes the role of forces that individuals cannot control or may not be aware of on crime and the role of science to discover what these factors areThe positive school has 3 basic approaches: biological, psychological, and sociological Theories Within Classical School Deterrence TheoryCertainty, severity, and celerityGeneral and specificRational Choice TheoryDecision to commit crime involves weighing the costs and benefits associated with that crimeBounded rationalityRoutine ActivitiesFocuses on the opportunity for crime to occurInteraction of the following: suitable targets, absence of capable guardians, and presence of motivated offenders Positive School—Biological TheoriesGenetic transmission of criminal tendenciesHormonal imbalancesNeurological dysfunctionDevelopmental Theory (Biosocial Theories) Positive School—Psychological TheoriesIntelligence— --SomatotypesPsychodynamic Theory (Freud & psychic
  • 3. phenomenon)Underdeveloped/Overdeveloped SuperegoBasis for Antisocial Personalities & ImpulsivityBehavioral Theory (Skinner & measurable events)Used as basis for Social Learning Theory Positive School—Sociological Theories Social Structure TheoriesSocial disorganizationAnomie/StrainSocial Process TheoriesDifferential Association/Learning TheorySocial Control TheorySocial Conflict Labeling and Stigma What Do We Know About Offenders?Small group of offenders (6-25%) are responsible for majority of crimeThere is a pattern of offending that ultimately defines subgroups of offenders Serious: Commit serious property crimeViolent: Commit serious violent crimeChronic: Commit 4 or more offenses of any typeSerious, Violent, Chronic OffendersPatterns of offending in childhood and adolescence are related to adulthood offending Patterns of offending can be identified through the identification of behaviors related to offending pathways Developmental & Life Course TheoriesThe Life-Course PerspectiveHuman development viewed across the life spanChildhood, adolescent and adult experiences are continuous process of changeIndividuals progress within culturally defined roles and social transitions that are age-gradedTrajectories or pathways=the avenue of development over time; long-term patterns of development in social institutions (e.g., educational career)Transitions=short-term changes in social roles within long-term trajectories (e.g., divorce)Developmental theories try to account for offender careers and their relationship with
  • 4. ageThis area or research began in criminology during the late 1980s and began to grow over the 1990s Life TrajectoriesLife-course is a series of interlocking trajectories Generally consistentImpact all domains of lifeShort-term transitions (or life events) interrupt Transitions can be consistent or disruptive“Off-age” transitions (e.g., teenage pregnancy) can produce disorder and change the direction of a trajectoryKey: How individuals adapt to changesPerson A may start a life of crime while person B doesn’t get involved in crimeAttempts to explain the onset, escalation, de-escalation, and desistence in offending careers Various factors influence experience and change: individual factors, family factors, school factors, peer groups, and community factors Research in this are requires longitudinal research and within- individual changesPrevious research often relied on cross- sectional studiesPrevious research largely defined by between- group differences Life Trajectories Different TheoriesMany developmental/life course theories have been developed, only three will be highlighted for this class:Moffitt’s Dual TaxonomySampson & Laub’s Age-Graded TheoryGottfredson & Hirschi’s General Theory of Crime Moffitt’s Developmental TheoryClose inspection of crime rate
  • 5. trends over the life-course indicate that there are two types of offenders:Adolescent limited offenders: antisocial behavior is temporary and situationalLife-course persistent offenders: antisocial behavior is permanent and stable Timing and duration of offending is critical aspect between the types of offenders— stable v. unstable antisocial behavior Defining the Life-Course Persistent OffenderUnderlying trait that begins at very early age and continues throughout life and underlies a variety of problem behaviorsAge 4: biting and hittingAge 10: Truancy and shopliftingAge 16: Sell drugs/steal carsAge 22: Robbery and rapeAge 30: Fraud and child abusePersistence of other problem behaviors throughout life: Drug addiction, homelessness, unstable relationships, domestic violence, and mental illness Factors Related to Life Course PersistenceDifference exists in individual differences in neuropsychological functions of infant nervous systemWhat can cause these differences to occur?Disruption in fetal brain development/brain injuryMaternal drug usePoor nutritionExposure to toxic agentsBirth complicationsLack of stimulation and affectionAbuse/neglectResults in neuropsychological deficits (temperament, behavior development, and cognitive abilities) LCP Interaction in EnvironmentReactive interaction-react to environment with their styleProactive interaction-select or create environment to support style (e.g., selecting similar mate)Cumulative consequences-underlying trait sets downhill
  • 6. path in motionContemporary consequences-impact of trait on environmentWhy do LCP fail to desist in their offending?Fail to learn conventional prosocial alternatives due to rejection and lack of opportunitiesBecome ensnared in deviant lifestyle InterventionUnderlying trait underlies deficiencies in temperament, developmental milestones, and cognitive abilitiesInteraction with environment creates the antisocial personality and is fixed (according to Moffitt) before 18 years oldTherefore, treatment is difficult after this point Adolescent LimitedStatistically, it is rare for individual to refrain from crime during adolescenceThe defining characteristic for most adolescents, however, is the lack of consistency in their offendingWhy do a few not get involved in delinquency during adolescence?No maturity gap: Late puberty or access to opportunitiesPersonal characteristics that exclude from networks Few opportunities for mimicking Explaining AL BehaviorMotivation: Duration of adolescence has lengthened, forcing those in the 13-18 age group to delay their entry into adulthoodSocial mimicry: When one species adopts the social behavior of more successful species to obtain access to a valuable resourceValuable resource=Mature status and the power and privilege that comes with itLCP become influential in the peer structure—delinquency that was stigmatizing as a child is not normative group behavior because it provides an avenue to the valuable resourceReinforcement: The negative consequences that result from delinquency “fit” with need and desire to rebel
  • 7. Explaining AL DesistenceAt the end of adolescence, motivation wanes because of the change in circumstance—entry into adulthoodExempt from cumulative and contemporary continuity, so opportunities and acceptance is not an issueDelinquency for these adolescents is considered normative rather than abnormalBest adjusted adolescents appear to be those who have experimented and been responded to with consistent and reasonable discipline Sampson & Laub’s Age-Graded TheoryMain proposition=an individual’s propensity to offend is dependent upon involvement in conventional activitiesInformal social controls are the main focus of this theoryAlthough trajectories are influenced by early experiences, Sampson & Laub believe that social factors (specifically informal controls) can modify trajectories, reducing offending in adulthood—criminality is not solely defined by traits rooted in childhood “Turning points”=the mechanisms that alter the life course, changing a risk pathway to a more adaptive one Life-course development is dynamic regardless of ageThe role of transitions within life trajectories generates turning points or changes in one’s pathway Influencing FactorsChildhood: Family dynamics including erratic/harsh discipline, low levels of supervision, parental rejectionAdolescence: Association with delinquent peer groups, lack of attachment to school, involvement in the juvenile justice systemYoung adulthood: Labor markets, marriage, prison, military
  • 8. A General Theory of CrimeLow self-control is ultimately the cause of criminalityLow self-control results from parents failing to:Monitor behaviorRecognizing problem behaviorPunishing problem behavior properlyPeople with low self-control will constantly be involved in delinquency and other problem behaviorsLow self-control becomes “locked” for individuals at a very young age (8 or 9 years old) Developmental Pathways for FemalesRequires attention to the gender-specific patterns in offender careers over the life course (e.g., victimization)Although factors influencing offending may be similar across gender, the intensity and role of these factors may differKempf-Leonard suggests the following “stepping stones” for females1st Stepping Stone: Child Abuse2nd Stepping Stone: Mental health problems3rd Stepping Stone: Running away 4th Stepping Stone: Youth gang involvement5th Stepping Stone: Juvenile justice involvement & experiences In sum…Early intervention is needed to most effectively altering offending pathwaysIdentification of persistent offenders is difficult and subject to inaccuracies because a small proportion of individuals who exhibit signs of offending careers actually become chronic offenders INDIVIDUAL VIEWS OF DELINQUENCY Biology
  • 9. Rational Choice Modern Individualism Categories of TheoriesClassical/ChoiceBiosocialPsychological Classical/ChoiceCesare BeccariaFree willPleasure-pain principleProblems More TheoriesRoutine ActivitiesRational choiceCrime if:Suitable targetNo capable guardianMotivated offender DeterrenceRisk/benefitGeneral v. specific deterrenceAssumptionsWhat does the evidence show? Biological TheoriesLombroso’s Atavism Theory“Born criminal”Discredited Modern Biosocial TheoriesMinimal Brain DysfunctionTraits that heighten risk of delinquencyDietSchoenthaler research in public schools2000 studyPhoenix studySchoenthaler study of incarcerated juveniles
  • 10. Modern Biosocial TheoriesFetal Alcohol SyndromeChildhood developmentMedical problemsConnection to juvenile delinquencyLearning disabilitiesWhat’s the connection with juvenile delinquency?ADHD GeneticsTwin studiesAdoption % Adopted Juveniles with Criminal Record Biological and adoptive parents NO CRIMINAL RECORD13.5%BIOLOGICAL parents had criminal record20%ADOPTIVE parents had criminal record15%Biological and adoptive parents BOTH HAD CRIMINAL RECORDS25% Psychological TheoriesPsychodynamicFreud3 part personalitySocial LearningHow do we learn?Violent homeViolence in TV, video and the movies Cognitive TheoryKohlberg’s moral development theoryStagesPunishment and obedienceHedonistic
  • 11. orientationInterpersonal concordanceLaw and orderSocial contractUniversal ethical principlesWhich stages are delinquents stuck at? Antisocial Personality DisorderDefinitionConduct disorderCharacteristicsWhat correlates with it?**Cannot assume the role of another Explanations of Female ViolenceBiologicalLombroso’s masculinity hypothesisPollack’s theory Psychological Social Theories of DelinquencySocial StructureSocial ProcessSocial ReactionSocial Conflict Structural Explanations for Delinquency Defining Structural TheoriesCharacteristic features of structural theoriesFocus on rates of crime rather than why individuals commit crimeCrime rates are explained in terms of the structural features of society Two broad types of structural theoriesStrain TheoryCultural Deviance Theory Structural Theories I: Strain Theory
  • 12. Strain Theory Delinquency Economic Inequality Historical Foundation of Strain Theory The Legacy of Emile DurkheimTwo themes dominate Durkheim’s work on crimeThe normality of crimeCrime and anomie Robert MertonRobert King Merton is one of the most influential sociologists in the field of criminologyAt age 27, (1938) he wrote a definitive article entitled “Social Structure and Anomie”This article still serves as an anchor in our understanding of delinquency Social Structure and Anomie Merton’s theory of “anomie” stressed two structural conditions: The interaction of these conditions produce five adaptive responses: GoalsMeans
  • 13. Conformist + + Innovator + - Ritualist - + Retreatist - - Rebel -/+ -/+ Strain—Modes of AdaptionConformityAccepts cultural goalAccepts institutionHighly unlikely JDRitualismRejects cultural goalAccepts institutionUnlikely JDInnovationAccepts cultural goalRejects institutionMost likely JDRetreatismRejects cultural goalRejects institutionLikely JDRebellionRejects cultural goalRejects institutionLikely JD
  • 14. Differential Opportunity TheoryThis theory was developed by Richard Cloward and Lloyd OhlinAgree with Merton that not everyone has equal access to social rewards, producing strainHowever, suggest that there is also an “illegitimate” opportunity structure with differential opportunities there as well.Failure to succeed in either the legitimate and illegitimate opportunity structure results in “double failure.” Lloyd Ohlin Differential Opportunity’s Three Subcultural ResponsesCriminal SubcultureOccurs in neighborhoods where there are adult criminal role modelsHere, the delinquent youth succeeds in the illegitimate opportunity structureConflict SubcultureAdult role models are not available for successful crimeDelinquent youth becomes angry and engages in violent crimeRetreatist SubcultureAdult role models are not available for successful crimeRather than angry retaliation, the youth withdraws or retreats, typically into a world of drug use. Cohen’s Subcultural Strain TheoryCohen suggests that one of
  • 15. the central problems in life is conforming to social expectations.Since these expectations are largely determined by the middle class, Cohen calls these “middle class measuring rods.”The lower class has a much more difficult time in conformity than the middle class.For lower class youth, the context for this difficulty is typically the school.Lower class youth are confronted by “status frustration,” and turn to other youth for solutions.For Cohen, this is the genesis of the delinquent gang. Cohen’s Adaptive Responses to Status FrustrationCorner Boy ResponseYouth psychologically disengages from MC goals and accepts more humble goalsThis is the most common lower class responseCollege Boy ResponseLower class youth accepts the MC challenge and competes for MC goalsInvolves a rupture in his relationship with LC friends, a costDelinquent Subculture ResponseInvolves a direct repudiation of MC values in the form of delinquencyCharacteristics of the delinquent subcultureNon- utilitarianMaliciousNegativistic Structural Theories II: Cultural Deviance Theories Cultural Deviance Theories Cultural Orientation Delinquency
  • 16. Historical Foundation of Cultural Deviance TheoriesIntellectual roots of most cultural deviance theories are at the University of Chicago--hence called the “Chicago School.”This school stressed the need for empirical study of the issue of crime and delinquencyChicago was a natural laboratory to be doing these studies:It was a major urban center, drawing immigrants from all walks of life;Many people were threatened by the changes that were going on in cities like ChicagoIt was popularly believed that foreign and minority immigrants were inferiorCultural deviance theory emerged as a way to explain rising crime rates in the context of this rapidly changing environment Robert Park A founder of the “Chicago School” Social Disorganization TheoryThe Park-Burgess roots-- concentric zone theoryZone in transition--the geographical center of crimethis was also an area of physical deterioration and social disorganizationsocial disorganization was measured by such things as homelessness, mental illness, crime and other pathologiesThe relationship between social disorganization and delinquency Moreover, delinquent traditions are passed on from generation to generation through delinquent gangs Social Disorganization Lack of Supervision
  • 17. Delinquency/Gangs Lower Class Focal ValuesWalter Miller suggests that delinquency results, not from a disorganized lower class, but from a united social class with their own distinctive values.The values, or “focal concerns” of lower class youth are but extensions of the focal concerns of adults in these communities.6 focal concerns of the lower class:TroubleToughnessSmartnessExcitementFateAutonomy Social Process Theories for Delinquency Historical BackgroundThese theories reached their zenith in the 1960’sSelf-report studies were revealing that crime was not limited to lower classIt became necessary to develop a theory that could account for middle class crime as well. General AssumptionsBegin with the assumption that anyone is capable of committing a crime.Argue that delinquency can be explained by the nature of socialization experiences of individualsHence, they tend to focus on the immediate social milieu of the individual--e.g., family, peer group, etc.As such they focus on the process of becoming delinquent Types of Social Process TheoriesTwo broad types of process theories:
  • 18. Social Learning Theories Social Control Theories Social Process Theories I: Social Learning Theories Social Learning TheoriesGeneral FeaturesChildren are not born with a tendency to want to do badDelinquency is a function of learning the norms, values and behaviors associated with delinquencyWithout opportunities to learn the values and techniques associated with delinquency, individuals would not become delinquent Differential Association TheoryDeveloped by Edwin SutherlandThe theory:Criminal behavior is learned in interaction with other personsPrinciple part of learning takes place in intimate personal groupsLearning includes: techniques of committing the crime and the drives, values and motivesDirection of drives and motives determined by relative “definitions” (influences) favorable or unfavorable to law violationOne becomes delinquent because of excess definitions favorable to violating the lawDifferential associations vary in frequency, duration, priority, and intensity.Process of learning delinquency involves same process as any other learning Edwin Sutherland
  • 19. Differential Reinforcement TheoryDeveloped by Ron AkersRepresents a synthesis between differential association and operant conditioningThe theory:Behavior is reinforced with positive rewardsRewards are given and evaluated in interaction with significant othersHence, the kinds of behavior that are reinforced depend on one’s differential associations Ron Akers Drift and Neutralization TheoryThe Drift HypothesisDelinquents do not strictly adhere to delinquent cultural values, but are affected by both criminal and conventional valuesHence, delinquents find themselves in “drift” between the two sets of valuesSubculture of delinquency provides the delinquent with a vocabulary to neutralize the demands of conventional societyTechniques of NeutralizationDenial of responsibilityDenial of injuryDenial of victimCondemnation of condemnerAppeal to higher loyalties Gresham Sykes Social Process Theories II: Social Control Theories General AssumptionsHuman beings are predisposed toward maximizing self-interestHence, everyone has the capacity to commit crimeMost people don’t commit crime because of
  • 20. constraining influencesHence, what is to be explained is not “Why do some people engage in delinquency?” but “Why do most people not engage in delinquency?” Containment TheoryDeveloped by Walter RecklessThe Theory“Pressures” and “pulls” toward delinquency are everywhereCounteracting these pressures and pulls are “containments” of which there are two types:outer containments--structural buffers, such as intact family, positive discipline, etc.inner containments--internalized values, high frustration tolerance, etc.Reckless identified a positive self concept as the critical containment insulating against delinquency. Walter Reckless Social Bond TheoryDeveloped by Travis HirschiThe Theory:Assumes that all people have the capacity to be delinquentPreventing most people from engaging in delinquency is a “bonding” to conventional societyHirschi identifies 4 elements to the social bond (next slide) The Social Bond 249.bin 250.bin
  • 21. Societal Reaction Theories for Delinquency Overview of Societal Reaction TheoryCentral focus of societal reaction theory is society’s reaction to particular behaviorsTwo broad streams of societal reaction theoryLabeling Theory Conflict Theory Historical Context of Societal Reaction TheoryThe recent emergence of labeling and modern conflict theory occurred in the tumult of the 1960’s and 1970’sViet Nam WarCivil RightsYouth “Hippie” RebellionDuring this time many social institutions were being challenged, and assumptions questioned Societal Reaction Theory Labeling Theory Broad Mosaic of Labeling TheoryLabeling theory is a composite of the work of many theorists, including:Howard BeckerEdwin SchurEdwin LemertErving Goffman Central Questions of Labeling Theory1. Why are certain behaviors defined as delinquent? 2. Why are certain individuals labeled delinquent?
  • 22. 3. What is the effect of the label? Why are certain behaviors defined as delinquent?This question is largely addressed by Howard BeckerAssumes that behaviors are not intrinsically delinquentSome behaviors are defined as delinquentThis is done through a process called moral entrepreneurship. Howard Becker Why are certain individuals labeled delinquent?William Chambliss, among others address this questionChambliss suggests 3 crucial factors in the labeling of individuals:Visibility of delinquencyPersonal disposition of offenderMobilization of community bias William Chambliss What is the effect of the label?Erving Goffman and Edwin Lemert, among others, have addressed this questionprimary vs. secondary deviance (Lemert)dramatization of evil (Tannenbaum)stigma (Goffman) Erving Goffman Edwin Lemert Societal Reaction Theory:
  • 23. Conflict Theory The Marxist FoundationThe Infrastructure and the Superstructure Economic Infrastructure Law Family Religion Education Science Marxist Foundation (cont.)The composition of the economic infrastructureForces of ProductionRelations of ProductionImportance of the relations of productionOwn the means of production (bourgeoisie)Work for owners of production (proletariat)These two classes in continual conflict Marx and CrimeMarx said very little about crimeThe criminal was a member of a third marginal class Marx called the “lumpenproletariat”Marx’s contribution is tied to his analysis of lawLaw is part of the “superstructure” of societyAs such, it is controlled by the economic eliteIts content reflects ruling class interestsIt is therefore the poor who will be victimized by law Early Marxist CriminologistsFrederick EngelsWrote The Condition of the Working Class in EnglandSuggests that crime is a result of demoralization of proletariat caused by alienation
  • 24. from means of productionWillem BongerWrote Criminality and Economic ConditionsCapitalism encourages “egoism”, which in turn encourages crime.Four types of crime encouraged by capitalism:Economic CrimesSexual CrimesCrimes of VengeancePolitical Crimes Frederick Engels Themes of Modern Conflict TheoristsLaw and JusticeModern conflict theorists see the law as an instrument of the ruling class to serve their interestsDemystification--exposing hidden power relationships in societySocial Class and Delinquency Reconsidered Social Correlates of Delinquency Gender Our Knowledge Gap on Gender and DelinquencyIt is commonly believed that girls engage primarily in status offenses; boys in more serious delinquent offensesIssue of female delinquency did not receive much scholarly attention until the 1960’sMost of the classical theories, therefore, are based on observations of male delinquency and may not be as appropriate to females Nature and Extent of Male and Female Delinquency
  • 25. Mr. Streetman Jason 1102 - 280 Bypass Phenix City AL 36867 Charles Bradshaw Fall, 1999
  • 26. Nature and Extent of Male and Female Delinquency Nature and Extent of Male and Female Delinquency Explaining Female (vs. male) Delinquency Two Broad Categories of Explanations “Trait” ViewsCenter on intrinsic biological and mental traits attributed to being “female” or “male” Sociological ExplanationsFocus on different social experiences boys and girls “Trait” Explanations for Female DelinquencyLombroso--The Female OffenderWomen are lower on the evolutionary scalePollack--The Criminality of WomenOnset of criminality linked to menstruation, pregnancy and menopauseChivalry Hypothesis accounts for lower rates of female delinquencyFreud--Penis EnvyLack of penis unconscious sign of punishment, resulting in inferiority complexFailure to resolve penis envy might result in crimeGluecks--Precocious SexualityEarly sexual experimentation by girls results in later delinquencyHormonal ExplanationsTestosterone LevelsPre- Menstrual Syndrome
  • 27. Sociological Explanations for Female DelinquencyDifferential Supervision of boys and girlsQuality of parental relationsFeminist explanationsHagan’s “power-control” theorySocietal Reaction explanations Changing Gender PatternsOver the past 30 years, the gender gap in delinquency has been gradually convergingFrom 1990-1994: male arrest rate increased by 19%, while female rate increased by 31%male arrest rate for serious violent crime increased by 23%, while female rate increased by 48%Self-report data also suggesting that females are engaging in more typically “male” offenses Explaining Changing Gender PatternsFreda Adler--Sisters in Crimefocus on impact of women’s liberationRita Simon--The Contemporary Woman and Crimefocus on changing sex rolesJoseph Weisfocus on changing school influencesDifferential societal reaction Social Correlates of Delinquency The Family Why Look at the Family as a Causal Context for Delinquency?History of childhood and delinquency reveals that the family has been charged with primary responsibility for socialization of childrenIt is within the context of the family that primary relations are first formedBasic values are first formed hereWe have also seen that historical forces in America
  • 28. disrupted family life Family Variables Linked to Delinquency: The Broken Home IVariable interest in the broken family as a cause of delinquencyEarly research:Found that broken home had a profound effectSeemed to affect girls more than boysSeemed to affect whites more than other ethnic groupsSeemed to affect the affluent more than poorHomes broken by divorce more devastating than homes broken by death Family Variables Linked to Delinquency: The Broken Home IIThe broken home reconsideredMore recent studies have been inconclusiveMany of early studies were conducted among arrestees and in correctional institutions--possible bias in samplesSelf-report studies suggest a less clear-cut relationshipSome concluding thoughts:Divorce does seem to be more correlated than deathBroken home probably affects status offenses more than serious delinquencyRemarriage does not mitigate effect of divorce on youthContinued contact with non- custodial parent does not mitigateLittle evidence that behavior of children in broken homes improves over timePost-divorce conflict related to child maladjustment Family Variables Linked to Delinquency: Family ConflictIntra- family conflict and discord have long been associated with delinquencyVarious factors operative:emotional disturbancelow warmth and affectionlow social skillsDifficult to establish whether family conflict causes childhood maladies or vice versaRelative consequences of the broken home vs. family
  • 29. discordRecent review of literature suggests that both situations are deleteriousChildren of divorced parents probably fare better than children of high-conflict families Family Variables Linked to Delinquency: Parental RejectionGenerally believed that children need warm, supportive relationships to thriveMost studies have used boys in their samplesEarly studies suggested that rejection by either mother or father was related to delinquencyJoan McCord’s research finds that mother’s rejection is more significant in early years; father’s in later years Family Variables Linked to Delinquency: DisciplineGluecks--found that lax or erratic discipline was most associated with delinquencyNye--found that very erratic, strict, or very permissive discipline most associated with delinquency. Strauss--found that physical punishment tends to be more associated with delinquency. Family Variables Linked to Delinquency: Family Role ModelsGluecks--find discipline ineffective when parental behavior is inconsistentHirschi--found that even criminal parents espouse conventional values. Intimacy between parents more important than role modelingLaub and
  • 30. Sampson--find that parental deviance related to chronic delinquencyRowe and Gulley--find that siblings have an impact on delinquency if relationship is intimate Family Variables Linked to Delinquency: Family SizeSome evidence suggests that larger families may be productive of delinquencysuggested that this may be due to a “dilution of resources.”Relationship is usually seen as more indirectresource dilution often leads to educational underachievementfamily size also related to social class A Special Case: The Abusive FamilyDefining child abuse and neglect:Abuse-- historically defined as “any non-accidental physical injury inflicted on a child by a parent…”has come to be used more generically to include neglect as wellNeglect--more passive, referring to the deprivations that children suffer at hands of parents or guardians. Three broad types:Physical neglectEmotional neglectMoral neglect Extent of Child Abuse: Reported CasesAll states have laws for certain professionals to report child abuse, but these cases represent only a tip of the icebergLeading organization in reporting is the National Committee to Prevent Child Abuse (NCPCA)Reported 3.1 million cases in 1995 (up 5% from 1994, and up 50% from
  • 31. 1985)26% of these were physical abuse10% sexual abuse53% neglect3% emotional maltreatment17% “other”NCPCA estimates about 1,200 children killed each year because of abuse Extent of Child Abuse: Unreported CasesResearch by Murray Strauss in 1980:between 1.4 and 1.9 million children abused annuallythe average number of assaults for each child was 10.5 (median 4.5)Estimates are that as many as 1 in 10 boys and 1 in 3 girls have been sexually abused The Abused and the AbusersMost likely to be abused:Infants (especially premature infants)Illegitimate childrenHyperactive childrenBoysCircumstantialMost likely to abuse (in order)Natural parentsStep parentsParamoursOther relativesBabysitters/non-relative caretakers What Causes Child Abuse?Adults who have been abused themselvesSocial isolation and alienationSubstance abuseSocial ClassThis has been controversial, though most experts agree that there is a higher incidence in the lower classPerhaps due to financial stress Relationship between Child Abuse and DelinquencyLogical relationshipAbuse provides a role model for aggressionAbuse leaves one more vulnerable to stress
  • 32. Clinical HistoriesStudies of incarcerated delinquents reveal that a substantial majority have been abused in some way as childrenProblem with these studies is that they do not tell us about the known population of abused children and the % of them who are delinquentsAlso, it may be that child abused is caused by the delinquency! Abuse Modeling of Aggression Vulnerability to Stress Delinquency Cohort Studies on Abuse and DelinquencyThis method follows up cohorts of children who have been abused and compares their delinquency to non-abused youthA major study by Cathy Widom found that 27% of abused youth (compared with 17% of non-abused youth) later had criminal recordsCertain categories more affected by abuse than others; older, black males most affectedGeneral conclusions:Abuse increases likelihood of juvenile arrest by 53%Abuse increases likelihood of adult arrest by 38%In a follow-up, Widom found greater likelihood of persistent offending over time by abused children Social Correlates of Delinquency The School Significance of the School in the Study of
  • 33. DelinquencyCompulsory school attendance means that all children spend significant time in schoolHence, school is playing an increasing role in the socialization of childrenThe time spent in school also means that children are spending significant time with peer groups The School and Delinquency: Proposed EffectsTwo contradictory predictions about the role of the school in delinquency:The school causes delinquencySchool experiences are frustrating, especially to underachievers and others who don’t fit inHence, the more time spent in school, the more frustration, and the more delinquency The school prevents delinquencyHere, the argument is that the school teaches children proper values, monopolizes their time, and builds positive relationshipsHence, spending time in school should reduce the delinquency School Attendance Frustration Delinquency School Attendance Positive Values, Relationships Less Delinquency Theoretical Basis for PositionsEach of these positions is grounded in two theoretical perspectives examined earlier:School produces delinquency:Strain theorySchool
  • 34. prevents delinquencyControl theory Testing the Theories: Elliot Study Hypotheses Rate of delinquency greater for boys while in school than out of school Delinquents who drop out have higher rate while in school than while out Method 743 10th grade boys Data gathered from 10th-12th grade “Graduates”=those who graduated or were in school entire time “Dropouts”=those who left school in the study period Delinquency measured by official contact Findings SES AREASIn School Out-of School Graduates Drop Outs Subtotal Drop Outs Lower 4.13 8.70
  • 35. 4.96 2.42 Higher 4.92 4.95 4.92 4.63 Total 4.34 8.03 4.95 2.75 Testing the Theories: Thornberry et al. Study Hypotheses Strain Theory: Criminal behavior of dropouts should decline more sharply than that of graduates after leaving school, and rates for dropouts should converge quickly with those of graduates Control Theory: Natural decline during post-high school years should be more gradual for dropouts than graduates, and will not converge with decline for graduates Method Sample: 10% sample of Philadelphia Birth Cohort Study (N=567 boys) Variables: Dropping Out, Criminal Involvement (arrests), Race, Father’s Occupation, Marital Status, Employment Status
  • 36. Testing the Theories: Thornberry et al. Study Findings Social Correlates of Delinquency Social Class Traditional UnderstandingLower class is responsible for most crime and delinquencyThis view comes from several sources:Selective focus on “crime in the streets” (these are crimes more characteristic of lower classWhen MC commits these crimes, almost always presented as “the exception” (e.g., Columbine shooting)Police surveillance more close in lower class areasEarly empirical studies which focused on lower class Some Early Self-report Evidence: Individual Social Class Study by Empey and EriksonMethodologySelf-report data from 180 males 15-17 years old50 HS boys never in court (non- delinquents)50 HS boys once in court (one-timers)50 HS boys on probation30 HS boys incarceratedMeasuresSocial class (father’s occupation)29% lower class55% middle class16& upper classDelinquency--22 separate offenses; asked if (1) ever committed; (2) how often committed; (3) ever caught; (4) how often caught
  • 37. Study by Empey and Erikson (cont.) Overall Findings Social Class Percent of Sample Percent of Delinquency Upper Class 16 9 Middle Class 55 59 Lower Class 29 32 Study by Empey and Erikson (cont.) Findings for Specific Offenses OffenseLower Class (29%) % of viol. Middle Class (55%) % of viol.
  • 38. Upper Class (16%) % of viol. Theft > $50 33% 59% 8% Forgery 9% 90% 1% B and E 24% 67% 8% Vandalism 22% 70% 8% Armed Robbery 12% 88% 0% Driving w/o license 44% 51% 4%
  • 39. Auto Theft 38% 60% 2% Narcotics 64% 36% 0% Skip School 46% 47% 7% Some Early Self-report Evidence: Community Social Class Clark and Wenninger StudyFocus of studyCompares delinquency rates across communities with social class characteristicsAlso compares between social classes within the same communityHypothesesWill be differences in delinquency across communities of different social class compositionWill be differences in delinquency among similar social classes in different communitiesWill not be differences across social classes in the same community Clark and Wenninger Study (cont.) Methodology 1154 children in grades 6-12 were given anonymous
  • 40. questionnaires Represented 4 different kinds of communities: Rural farm--communities where farming was primary occupation. Considered working class Lower Urban--located in inner city Chicago Industrial City--blue collar community Upper Urban--wealthy suburb of Chicago All respondents were asked if they had committed any or all of a list of 38 specific offenses; and how many times they had committed that offense Offenses were then compared across the cities, and across social classes within each city. Findings Industrial City Lower Urban Similar Delinquency Patterns Upper Urban Rural Farm Different Delinquency Patterns Some Early Self-report Evidence: Rising Affluence Study by Jackson TobyFocus of StudyObserved that delinquency rates were increasing just as rapidly in affluent societies as in poor societies. Sought to explain this phenomenonMethodologyUsed as indicator of affluence:# of radios/100 population# of TV’s/100 population# of cars/100 populationRanked countries from most to least affluent (USA most, Pakistan, least)Ranked % increase in affluence from 1954 to 1964Measured delinquency through this time
  • 41. Study by Jackson Toby (cont.) Findings rising affluence is directly associated with delinquency (linked with rising expectations) rising affluence results in less parental control (because of more women in the labor force as a mitigating factor, rising affluence results in greater education, which is linked with lower levels of delinquency Reassessing Social Class and Delinquency I: Criticisms of Prior ResearchProblems with measures of delinquencyMuch of early self-report studies used trivial offenses in addition to more serious offenses. These sorts of offenses will be disbributed more evenlyPrevalence rather than incidence figures were used in early studies Prevalence refers to how many people have ever engaged in delinquencyIncidence refers to the number of acts committedEarly studies focused on delinquency over an entire lifetimeProblems with measures of social classMost studies has been measured with “status attainment” variables--parent’s occupation, education, etc.Alternative measures, such as unemployment or welfare status, are more likely to show a relationship between social class and delinquency Reassessing Social Class and Delinquency II: Recent StudiesMethodologyUsed a portion of the National Youth Study (from Seattle)Asked respondents how many times (incidence) they had committed a delinquent actCompared
  • 42. relationship between social class and delinquency in different communitiesFindingsWeak associations between social class and delinquency, regardless how either of these variables are measured (strongest associations found when using parents education as measure of SCNeighborhood comparisons did not affect social class-delinquency relationship. Joseph Weis Study Social Correlates and Delinquency Juvenile Gangs History of Gangs in AmericaAmerican society has a long history of violent gang activityBoston Tea Party!Vigilante groups on the frontierRioting farmersRacial riots“Youth” gangs also have a long history, though not always equated with delinquency Defining “Gang”Problem with lack of consistent definitionErikson and Jensen’s implied definition:2 or more youth engaged in delinquent behaviorWalter Miller’s extended definitionConducted interviews with 445 staff members in over 160 youth service agencies in 24 major citiesAsked them, “What is your conception of a gang?”On bases of these responses, developed definition and list of key characteristics (see next slide) Miller’s Characteristics and Definition of a GangCharacteristics:OrganizationIdentifiable
  • 43. leadershipIdentification with a territoryContinuous associationSpecific purposeEngaging in illegal activityDefinition (incorporating above): “A youth gang is a self-formed association of peers bound together by mutual interests, with identifiable leadership, well developed lines of authority, and other organizational features, who act in concert to achieve a specific purpose or purposes which generally include the conduct of illegal activity and control over a particular territory, facility, or type of enterprise.” Types of GangsGangs can be categorized on several dimensions:Social Class (e.g., lower class vs. middle class gangs)Type of activity:Cloward and Ohlin’s TypologyCriminal gangsConflict gangsRetreatist gangsJeffrey Fagan’s TypologySocial Gangs (alcohol and drugs)Party Gangs (heavy drug use, some vandalism)Serious Delinquent Gangs (serious delinquency; avoids drug use)Ethnic compositionType of organization (see next slide) Lewis Yablonsky’s TypologyYablonsky identified 3 types of gangs, based on the sophistication of their organizationInstitutionalized GangUsually very large gangs which have become intricately involved in their communitiesOften entail a “federation” of several local gangsExamples include Black P. Stone Nation, Vice Lords and possibly Crips, and BloodsOrganized ClubOrganized around delinquency, but do not have the scale or organization of institutionalized gangsNear Group (see next page)
  • 44. Yablonsky’s “Near Group”According to Yablonsky, the “near group” is the most common type of gang7 characteristics of near groups:Diffuse role orientationLimited cohesionImpermanenceMinimal consensus of normsShifting membershipDisturbed leadershipLimited definition of membership expectation3 levels of membershipLeadersAffiliatorsPeripheral Members Non-Sociological Theories of Gang FormationEarly theories-- that there was a natural propensity toward gang formation among boysAnthropological view--gangs fulfill deep-seated needs for tribal group process such as that which sustained our ancestors over the milleniaPsychological view--gangs serve as an outlet for psychologically diseased youthRational choice view--gangs provide opportunities to realize goals. Such goals include financial gain, protection, and social support. Sociological Theories of Gang FormationFrederick Thrasher-- gangs arise out of spontaneous play groupsTannenbaum--gangs fill a need for primary group involvementReview general theories of Cloward and Ohlin, Cohen, Shaw and McKay Extensiveness of Gangs Extensiveness of Gangs Researcher Year Number of Gangs Number of Gang Members Walter Miller
  • 45. 1975 55,000 Walter Miller 1982 98,000 National Gang Assessment 1992 4,881 249,324 National Gang Assessment/ Replication 1994 8,625 16,643* 378,807 555,181* Malcolm Klein 1995 500,000 Extent of Gang DelinquencyErikson and Jensen study Miller Study
  • 46. Social Correlates of Delinquency Drug Use Types of Drugs UsedNarcoticsOpium, Morphine, Heroin, Dilaudid, etc.DepressantsAlcohol, tranquilizers, most inhalantsStimulantsCaffeine, nicotine, amphetamines, cocaine, crackHallucinogensLSD, mescaline, peyote, nutmegMarijuana How is Drug Use Measured: Three National SurveysInstitute for Social Research (ISR) SurveyAnnual survey of 50,000 students from in 8th 10th and 12th grades 400 public and private schoolsAsked about lifetime, monthly, and annual use of 16 commonly abused drugs (including alcohol and tobacco10-year follow-up done on about 2,400 studentsParents Resource Institute for Drug Abuse (PRIDE)conducts annual surveys ofmore than 200,000 juniors and seniors in 34 statesNational Household Survey (NHS)annually interviews about 10,000 people in their homes Trends in Drug Use: ISR Statistics Trends in Drug Use:
  • 47. NHS Statistics Drug Use and Crime: Three Models Drug Use: A Career Model Career Patterns of Heroin Use Drug Availability Life Structure HighLow HighStable Addict Free-Wheeling Addict LowOccasional User Street Junkie
  • 48. The Juvenile Justice System An Overview Nineteenth Century Juvenile JusticeAmerican juvenile justice (and criminal justice) is rooted in the English legal systemthis system did not much discriminate between adult and child offendersUnder age 7 (or 10) child was not considered prosecutable at all; over age 10, could be prosecuted as an adultTreatment was harsh, and children were often housed with adult criminalsSome humanizing attempts were introduced:Massachusetts introduced probation in 1841By mid- century, special institutions introduced for children Factors in the Development of the Juvenile Court Industrialization and Urbanization19th century witnessed massive population growth due to higher birth rates and immigrationIndustrial economy resulted in massive relocation to the cities Child-Saving MovementThis name was given collectively to those responding to the needs of primarily poor children in the 19th century.They engaged in various activities:lobbied state
  • 49. legislatures to enact laws to commit wayward youthinstrumental in development of the institutionlaunched propaganda campaignsgenerally, brought into focus the concept parens patriaeMost of the child savers were white, middle class womenThe premiere organization to emerge was Society for the Prevention of Cruelty to Childrenfirst established in New York in 1874By 1900, 300 SPCC chapters were formed The Juvenile InstitutionThis was a major contribution of the child savers Were called by various names, including Houses of Refuge, Reform Schools, etc. Initially, these were congregate living arrangements; later the “cottage plan” was implemented Establishment of the Juvenile CourtThe juvenile court was the logical next step to the institutionIt was first established in Cook County, IL, in 1899By 1917, all but three states had adopted the juvenile courtThe Illinois invention a watershed:it set the model for courts to comemade an official distinction between neglected and abused children, and those who were delinquentconsequently, for the first time, juvenile misconduct was officially known as “juvenile delinquency.” Twentieth Century ImplementationThe new juvenile courts handled three types of cases:criminal (delinquent) cases“status offense” cases (by about 1920)delinquent environment cases The Illinois model went unchallenged until after WWIIMajor challenges came in the 1960’s:In re Gault and other cases challenged the lack of constitutional rights for children,
  • 50. including right to attorney, etc.In 1962, New York created a “family court:”included other family issues such as adoption and support hearingsestablished a new category: Person in Need of Supervision (PINS) Contemporary OverviewMore than 3000 juvenile courts in the U.S. About 6500 juvenile probation officersSome statistics on juveniles:2.2 million juveniles arrested each year1.5 million of these are petitioned to the courts500,000 children placed on formal or informal probationjust under 100,000 held in institutionsuntold number diverted into community work Philosophical and Procedural Distinctions between Juvenile and Criminal JusticePhilosophical differencesfocus on rehabilitation (vs. punishment)concern for the welfare of the child (vs. community)Procedural differenceseffort made to reduce stigma attached to criminal courtsproceedings are much more informalproceedings are usually kept privateonly recently have lawyers and cross examination been allowed Key Court Cases in Twentieth Century Juvenile JusticeKent v. United States (1966)In re Gault (1967)In re Winship (1970)McKeiver v. Pennsylvania (1971)Breed v. Jones (1975 Official Reaction to Juvenile Delinquency Components of the Juvenile Justice System I: The Police
  • 51. History of Police Work with JuvenilesRoots are in the English system of policing1st organized police force established in England in 1829. Called “bobbies” Children recognized as a special problem by mid-centuryPolice departments organized in the US by mid-19th centuryDid not recognize special problems of children until late 19th centuryDuring 1960’s, attention to juveniles took on more importance with Supreme Court decisionsBy 1980’s most dep’ts had special juvenile officers and larger cities had entire juvenile units. Common Perceptions of Policework Typical Police Roles with JuvenilesOne study suggests only 5% of police encounters with juveniles are for felonies; 60% involve nothing more than rowdinessJuvenile work often involves conflict for the officer because it does not conform to stereotypical roles of law enforcement officer Three Broad Types of Organization Organization of Police Work with Juveniles Juvenile cases handled by the regular police This is the historic pattern Only very small communities have this pattern today Assignment of one or more officers to juvenile cases Became a common strategy in the 70’s and 80’s
  • 52. Officers were specially trained to deal with juveniles Created morale problems as juvenile officers were stigmatized Establishment of separate juvenile units This is the practice of larger departments Often there are subunits, such as drug education, child abuse, crime, missing children, and gang units Police Decision-MakingIdeally, officers should make decisions strictly on legally-relevant factors The reality is that they must often use personal discretion Because many of their decisions are “low visibility” there is great potential for bad decisions to be made Factors Influencing Police Decision-Making Included here are such factors as seriousness of the crime, prior record of the juvenile, and any aggravating or mitigating circumstances Such factors include the general community’s tolerance of youthful misbehavior; policies, practices and customs of the local police department; and alternatives to arrest Such factors include the attitude of the juvenile, attitude of the complainant, perceived willingness of parents to cooperate, etc. Racial and gender prejudices; and organizational biases resulting from discriminatory police practices Empirical Studies of Police Discrimination: Piliavin and Briar For serious offenses, the nature of the offense itself was the primary factor in police disposition For less serious offenses (90% of all police encounters) it was the officer’s assessment of the “character” of the offender.
  • 53. This usually was assessed by demeanor (see table) Demeanor DispositionCooperative UncooperativeTotal Arrest 2 (4.4%) 14 (66.7%) 16 Citation 8 (8.9%) 5 (23.8%) 9 Informal Reprimand 15 (33.3%) 1 (4.8%) 16 Admonish and Release 24 (53.3%) 1 (4.8%) 25 Total 45 21 66
  • 54. Empirical Studies of Police Discrimination: Black and Reissthe “social distance” between offender and victim is greaterfamily situations--45% arrestedfriends/neighbors--77% arrestedstrangers--88% arrestedthe complainant prefers arrestprefers--50% arrestedpreference unclear--16% arrestedprefered no arrest--0% Found that an arrest is most likely when: Suspect fails to show deference “very deferential”--22% arrested “civil”--16% arrested “antagonistic”--22% arrested Official Reaction to Juvenile Delinquency Components of the Juvenile Justice System II: Pretrial Elements Involved in Pretrial IntakeRefers to the screening of cases by the juvenile court systemDone by intake officers who are often probation officersIntake results in one of the following:send youth home with no further actiondivert youth to a social service agencypetition to juvenile court and release until court datepetition to court and hold in detentionwaive (transfer) case to adult court Juveniles at intake hearing
  • 55. * Photo taken from Senna and Siegel Juvenile Delinquency, 7th edition DiversionRefers to screening children from the court without judicial determinationAlso referred to as:nonjudicial adjustmentinformal dispositionadjustmentCan be employed by police departments or courtsEncourages the child to participate in a specific program or activity with implied threat of further prosecution Pros and Cons of Diversion Helps juvenile justice system run smoothly Allows for reallocation of resources to other programs Costs less than institutionalization Helps children avoid being stigmatized Results in “widening the net” Many children who would have before simply sent home are now formally in the system DetentionRefers to the holding of children in secure facilities until trialPretrial detention normally used only when:child might be inclined to run away before trialchild might be inclined to commit another serious crimechild is a violator from another jurisdictionAlternatives to detentionsend the child home (most common pre-trial procedure)send to shelter care--less restrictive, normally for status offenderssend to foster care-- normally for abused and neglected children
  • 56. Trends in DetentionIncreases in detention are increasing despite decreases in delinquencyReasons include: rise in serious crimeincreased link between drug use and delinquencyyounger children becoming involved in serious crimes Problems With and Recommended Changes for Detention Seen by some as incarceration without a trial Due to discretion in who is and is not detained, there tends to be racial and class discrimination May have a strong negative effect on child due to lack of rehabilitative services Some jurisdictions still detain children in adult facilities Some suggest prohibiting detention altogether Should be reserved for juveniles representing a major threat to community Should be some rehabilitative services provided Transfer to Adult CourtAll states now have a provision to transfer juveniles to adult courts when deemed appropriateThree models for adult transfer. They are not mutually exclusive:Concurrent jurisdiction--prosecutor is given total discretionExcluded offenses--statutorily identifies certain offenses as transferrableJudicial Waiver--the court (not prosecutor) waives jurisdiction
  • 57. Pros and Cons of Adult Transfer Some suggest that repeat, hardened offenders are beyond rehabilitation anyway Need threat of tough punishment to deter them Can you think of any other pros? Opponents claim that that only half-hearted attempts have been made at rehabilitation Claim that the transfer is a copout and admission of failure Can you think of any other cons? The PetitionIf a child is not diverted or waived, he/she will be petitioned to juvenile courtThe petition is the formal legal complaint that initiates judicial actionA petition can be brought by:a police officersocial service agencyfamily member or guardianIf child admits to allegations, hearing is scheduled to initiate a treatment planIf child does not admit to facts of petition:hearing is scheduled to hear the factspredisposition report is preparedparents are notified of hearing date Official Reaction to Juvenile Delinquency Components of the Juvenile Justice System III: Trial and Disposition Organizational Structure of the Juvenile Court Three Organizational Models Juvenile Court Organized as Part of a Lower CourtMost common of all structuresMight be part of District CourtCity
  • 58. CourtRecorders CourtBecause lower courts tend to have lower prestige, juvenile courts in these jurisdictions also suffer in importance Juvenile Court Organized as Part of a Higher CourtThe higher court is typically a circuit court or superior courtThese are also courts that hear adult criminal casesJuvenile court generally has more stature in these jurisdictions Juvenile Court Organized as an Independent Court SystemTypically, the independent court system is devoted to family court mattersSome states organize this way on a state- wide basis; others, such as Alabama, allow separate jurisdictions to do so.Advantages of separate court:Can better serve sparsely populated areas Permits judicial personnel to deal exclusively with juvenile (and family) mattersMore effective in obtaining legislative fundingProvides more consistency in dealing with family mattersMajor disadvantages is that restructuring costs can be substantial Actors in the Juvenile Court Actors in the Juvenile Court: The JudgeFunctionsRule on pretrial motionsMake decisions on continued detentionRule on plea bargaining agreementsHandle all adjudicationsHold dispositional hearings and make dispositionsHandle appealsCoordinate and gather information
  • 59. from various agenciesProvide leadership in developing youth servicesSelection of juvenile court judges--several methodsGovernor appointmentPartisan or non-partisan electionsState legislature appointmentsMissouri plan Actors in the Juvenile Court: Classical School Criminology CLASSICAL SCHOOLBEGAN IN MIDDLE OF 18TH CENTURYASSUMPTION: INDIVIDUALS CHOOSE TO COMMT CRIMES AFTER WEIGHING THE CONSEQUENCES OF THEIR ACTIONSINDIVIDUALS HAVE FREE WILL & CHOICEFEAR AS DETERENTSOCIETY CAN CONTROL BY MAKING PAIN OF PUNISHMENT GREATER THAN PLEASURE OF CRIMINAL GAINS Historical ContextPrior to the French Revolution of 1789, there was no discernable criminal justice system in Europe.Due process did not existMany laws were not codified
  • 60. Punishments included branding, burning, flogging, mutilating, drowning, banishing, and beheadingPublic Punishments were popular events The Classical Scholars Modern criminology is the product of two main schools of thought: The classical school originating in the 18th century, and the positivist school originating in the 19th century. * Pre-Classical Notions of Crime & Criminals Prior to the eighteenth century, explanations of a wide variety of phenomena tended to be of a religious or spiritual nature. * Pre-Classical Notions of Crime & Criminals Demonological explanations of crime began to wane in the 18th century with the beginning of a period of historians call The Enlightenment, which was essentially a major shift in the way people began to view the world and their place.
  • 61. * Pre-Classical Notions of Crime & Criminals Enlightenment thinkers focused on the dignity and worth of the individual. A view that would eventually find expression in the law & the treatment of criminal offenders. * HISTORICAL CONTEXTThe Classical School aroseOUT OF REACTION TO BARBARIC SYTEMPRIOR TO THIS CRIMES AGAINST THE STATE, CHURCH, AND CROWN BUT NO REAL SYSTEM OF CRIMINAL JUSTICESOME CRIMES SPECIFIED BUT JUDGES COULD CONVICT FOR AN ACT NOT EVEN LEGALLY DEFINED AS A CRIME HISTORICAL CONTEXTLETTRE DE CACHET – ISSUED BY MONARCHS UNDER WHICH AN INDIVIDUAL COULD BE IMPRISONED FOR NO REASON AT ALLMANY LAWS UNWRITTENDID NOT SPECIFY TIME OR TYPE OF PUNISHMENTCRUEL/ARBITRARY SENTENCESENGLAND OVER 200 DEATH PENALTY LAWS INCLUDING PETTY THEFT
  • 62. HISTORICAL CONTEXTPUBLIC PUNISHMENT POPULARTORTURE TO ELICIT CONFESSIONSA MAN WOULD SUFFER TORTURE TILL DEATH TO AVOID TRAIL SO HIS FAMILY COULD RETAIN LANDS AND GOODSGAP BETWEEN HAVES AND HAVE NOTS GREW AS INDUSTRY GREW HISTORICAL CONTEXTUPPER CLASS PROTECTED SELF VIA RUTHLESS OPPRESSIONSOCIAL UNREST GREWAS CRIME RATES ROSE SO DID BRUTALITY OF PUNISHMENTVIOLENCE TO CONQUER VIOLENCEGROWING EDUCATED CLASS SAW INCONSISTENCY HISTORICAL CONTEXTIF TERRIBLE TORTURE DESIGNED TO DETER CRIME WHY WAS CRIME INCREASINGMID 18TH CENTURY SOCIAL REFORMERS SUGGEST MORE RATIONAL APPROACHCECARE BECCARIA LAID FOUNDATION FOR SCHOOL OF CRIMINOLOGY – CLASSICAL SCHOOL BasicsThere are two basic schools of thought in early criminology The Classical School The positivist School The Classical SchoolRuthless oppression of those beneath it became the norm.The growing educated classes began to see the inconsistency in these policies
  • 63. Classical Criminology Cesare BeccariaFounding Father of Modern CriminologyWrote On Crimes and PunishmentEnlightened criminal justice system that would serve the people rather than the monarchy Cesare Beccaria and Reform The father of classical criminology is generally considered to be Cesare Bonesana, Marchese di Beccaria. Dei Delitti e della Pene (On Crimes and Punishment) (1764): This book is an impassioned plea to humanize and rationalize the law and to make punishment more just and reasonable. * CESARE LOMBROSOMEDICAL DOCTOR/PROFESSOR OF PSYCHIATRYLATER PROFESSOR OF CRIMINAL ANTHROPOLOGYTHEORY – “BORN CRIMINAL” – LOWER FROM OF LIFE NEARER APE-LIKE ANCESTORSATATVISTIC STIGMATA – PHYSICAL FEATURES OF CREATURES AT AN EARLIER STAGE OF
  • 64. DEVELOPMENT, BEFORE FULLY HUMAN LOMBROSOSTIGMATA – HUGE JAWS, STRONG CANINE TEETH, GREATER ARM SPAN, ETC.ANY FIVE STIGMATA IS “BORN CRIMINAL”PROSTITUTE “BORN CRIMINAL” IN WOMANINSANE CRIMINALS – BECOME SO DUE TO CHANGE IN BRAIN UNCTIONING LIMITING ABILITY TO DISTINGUISH RIGHT FROM WRONGCRIMINOLOIDS – HABITUAL, PASSIONATE, ETC. LOMBROSOMOST SCIENTISTS WHO FOLLOWED LOMBROSO DID NOT SHARE HIS VIEWPOINTWORK KEPT ALIVE MORE BY CRITICISM THAN AGREEMENTHIS THEORIES DO NOT STAND UP TO SCIENTIFIC SCRUTINYHIS THOUSANDS OF MEASUREMENTS ON LIVE AND DEAD CRIMINALS DID CHANGE THE NATURE OF QUESTIONING Beccaria did not question the need for punishment, but he believed that laws should be designed to preserve public safety and order, not to avenge crime. To ensure a rational and fair penal structure, punishments for specific crimes must be decreed by written criminal codes, and the discretionary powers of judges severely curtailed. The Classical School: Cesare Beccaria and Reform *
  • 65. “Crime Problem”According to Beccaria the crime problem could be traced to bad laws, not bad people.Beccaria assumed that crime is a rational choice and individuals are responsible for the consequences of their behaviorHis plan included the following elements: Beccaria’s Principles Laws should be used to maintain the social contract Only legislators should create laws Judges should impose punishment only in accordance with the law Judges should not interpret the laws Punishment should be based on the pleasure/pain principle Punishment should be based on the act, not on the actor Beccaria’s Principles Continued The punishment should be determined by the crime Punishment should be prompt and effective All people should be treated equally Capital punishment should be abolished The use of torture to fain confessions should be abolished It is better to prevent crimes than to punish them
  • 66. Influential!Beccaria’s book had a huge impact in the field of criminology.Beccaria’s plan was used as the foundation for many penal codes in Europe, Russia and the United StatesBeccaria’s work influenced the first 10 amendments to the U.S. Constitution (the Bill of Rights). Jeremy Bentham’s UtilitarianismBentham’s work was governed by the utilitarian principlesUtilitarianism assumes all human actions are calculated in accordance with their likelihood of bringing happiness (pleasure) or unhappiness (pain) Jeremy Bentham and Human Nature Principles of Morals and Legislation (1789) is a philosophy of social control based on the principle of utility, which prescribed “the greatest happiness for the greatest number.” Any human action at all should be judged moral or immoral by its effect on the happiness of the community. Hedonism: A doctrine with the central tenet that the achievement of pleasure or happiness is the main goal of life. *
  • 67. Rational behavior is behavior that is consistent with logic. Hedonism and rationality are combined in concept of the hedonistic calculus, a method by which individuals are assumed to logically weigh the anticipated benefits of a given course of action against its possible costs. Jeremy Bentham and Human Nature * Free will enables human beings to purposely and deliberately choose to follow a calculated course of action. If crime is to be deterred, punishment (pain) must exceed the pleasures gained from the fruits of crime. Jeremy Bentham and Human Nature * Calculation…Bentham proposed the “felicific calculus”According to this reasoning, individuals are “human calculators” who put all the factors into an equation in order to decide whether or not a particular crime is worth committing. Bentham hypothesized that the certainty of punishment outweighs severity as a deterrent against crime.
  • 68. Classical School is reform focusedBoth Beccaria and Bentham advocated a new philosophy and a new system of legal and penal reform.They believed the punishment should not be inflicted for vengeance; rather, punishment should be for the reduction or deterrence of crime. The Legacy of the Classical School All modern criminal justice systems in the world assume the classical position that persons are free agents who deserve to be punished when they transgress the law. * The Legacy of the Classical School Many of the ideas championed by Beccaria in such rights as freedom from cruel and unusual punishment, the right to a speedy trial, as freedom from cruel and unusual punishment, the right to a speedy trial, the prohibition of ex post facto laws, the right to confront one’s accusers, and equality under law, contained in the Bill of Rights and other documents at the heart of Western legal systems today. *
  • 69. Weaknesses in the Classical SchoolThere was no need to ask why people behave as they do, to seek a motive, or to ask about the specific circumstances surrounding criminal acts.Factors beyond their control were not taken into account when explaining criminal behavior. Neoclassicism: Rational Choice Theory Rational choice theorists believe that factors such as poverty, IQ, impulsiveness, or broken homes are not required to explain crime. The choice is made in context of personal and situational constraints and the availability of opportunities. Criminal acts are specific examples of the general principle that all human behavior reflects the rational pursuit of maximizing utility, which is the modern economists version of Bentham’s principle of maximizing pleasure and minimizing pain. * Neoclassicism: Rational Choice Theory Rational choice theory assumes a criminally motivated offender and focuses on the process of the choice to offend. Choice structuring: The constellation of opportunities, costs, and benefits attaching to particular kinds of crimes. Explanations of criminal events must be crime specific because offenses have properties of their own. *
  • 70. Deterrence and Choice: Pain versus Gain Deterrence: The prevention of criminal acts by the use or threat of punishment. Specific deterrence refers to the effect of punishment on the future behavior of the person who experiences the punishment. Recidivism: Committing another crime after previously being punished for one. * There must be a relatively high degree of certainty that punishment will follow a criminal act, the punishment will be administered very soon after the act, and it must be quite harsh. The affect of punishment on future behavior depends on the contrast effect, which is the distinction between the circumstances of punishment and the usual life experience of the person being punished. Deterrence and Choice: Pain versus Gain * General deterrence: the preventive effect of the threat of punishment on the general population; it is aimed at potential offenders. Deterrence theorists tend to assume a more rational human being than rational choice theorists, their models being full of
  • 71. complicated mathematical models defining cost/benefit ratios. Deterrence and Choice: Pain versus Gain * Figure 3.1 Summary and Comparisons of the Classical and Positivist Schools Pertaining to Certain Issues ClassicalPositivistHistorical Period 18th-century Enlightenment, early period of Industrial Revolution 19th- century Age of Reason, mid–Industrial RevolutionLeading Figures Cesare Becarria, Jeremy BenthamCesare Lombroso, Raffael Garofalo, Enrico FerriPurpose of SchoolTo reform and humanize the legal and penal systemsTo apply the scientific method to the study of crime and criminalityImage of Human Nature Humans are hedonistic, rational, and have free will. Our behavior is motivated by maximizing pleasure and minimizing pain.Human behavior is determined by psychological, biological, or social forces that constrain our rationality and free will. * Figure 3.1 Summary and Comparisons of the Classical and Positivist Schools Pertaining to Certain IssuesImage of Criminals Criminals are essentially the same as noncriminals. They commit crimes after calculating costs and benefits. Criminals are different from noncriminals. They commit crimes because they are inferior in some way.Definition of CrimeStrictly legal;
  • 72. crime is whatever the law says that it is.Based on universal human abhorance; crime should be limited to inherently evil (mala in se) acts.Purpose of PunishmentTo deter. Punishment is to be applied equally to all offenders committing the same crime. Judicial discretion to be limited.Social defense. Punishment to be applied differently to different offenders based on relevant differences and should be rehabilitative. * Connecting Criminological Theory & Social Policy Theories of crime causation imply that changing the conditions the theory holds responsible for causing crime can reduce it and even prevent it. Policy: A course of action designed to solve some problem that has been selected from among alternative courses of action. Every theory has policy implications deducible from its primary assumptions and propositions A good theory should offer useful practical recommendations. * Policy and Prevention: Implications of Neoclassical Theories Rational choice and routine activities theories shift the policy focus from large and costly social programs to target hardening and environmental designs that might dissuade a motivated offender from offending. The policy recommendations of deterrence theory increase the
  • 73. costs of committing crimes and there will be less of it. * Policy and Prevention: Implications of Neoclassical Theories Lombroso believed that punishment should be only determined after a thorough assessment of offenders and their needs. As a social defense, Lombroso recommended death or life imprisonment for congenital offenders. * Classical and Neoclassical PerspectivesFrom theology to scienceCauses of crime and deviance: gods and demonsAge of reasonClassical school of criminologyRise of positivismNeoclassical Perspectives:Rational Choice TheoryDeterrence TheoryTypes of DeterrenceRoutine Activities theory * * *
  • 75. * * * * * Neo Classical Theory Classical and Neoclassical Perspectives From theology to science Causes of crime and deviance: gods and demons Age of reason Classical school of criminology Rise of positivism Neoclassical Perspectives: Rational Choice Theory Deterrence Theory Types of Deterrence Routine Activities theory Neoclassical Perspectives Rational-choice theory assumes people choose to commit crime after calculating whether its rewards outweigh risks Derek B. Cornish and Ronald V. Clarke Rational choice perspective assumes that offenders choose to commit crime because of the benefits it brings them
  • 76. Neoclassicism: Rational Choice Theory Rational choice theorists believe that factors such as poverty, IQ, impulsiveness, or broken homes are not required to explain crime. The choice is made in context of personal and situational constraints and the availability of opportunities. Criminal acts are specific examples of the general principle that all human behavior reflects the rational pursuit of maximizing utility, which is the modern economists version of Bentham’s principle of maximizing pleasure and minimizing pain. 4 Neoclassicism: Rational Choice Theory Rational choice theory assumes a criminally motivated offender and focuses on the process of the choice to offend. Choice structuring: The constellation of opportunities, costs, and benefits attaching to particular kinds of crimes. Explanations of criminal events must be crime specific because offenses have properties of their own. 5 Deterrence and Choice: Pain versus Gain Deterrence: The prevention of criminal acts by the use or threat of punishment. Specific deterrence refers to the effect of punishment on the future behavior of the person who experiences the punishment. Recidivism: Committing another crime after previously being
  • 77. punished for one. 6 There must be a relatively high degree of certainty that punishment will follow a criminal act, the punishment will be administered very soon after the act, and it must be quite harsh. The affect of punishment on future behavior depends on the contrast effect, which is the distinction between the circumstances of punishment and the usual life experience of the person being punished. Deterrence and Choice: Pain versus Gain 7 General deterrence: the preventive effect of the threat of punishment on the general population; it is aimed at potential offenders. Deterrence theorists tend to assume a more rational human being than rational choice theorists, their models being full of complicated mathematical models defining cost/benefit ratios. Deterrence and Choice: Pain versus Gain 8 Evaluating Rational Choice Theory Studies of active robbers, burglars, and other offenders Offenders who plan vs. offenders who give very little thought to their crime Focus on the criminal event
  • 78. Situational factors and opportunities that affect decisions to commit crime Situational crime prevention Drugs and alcohol Deterrence Theory Neoclassical perspective Assumes that potential and actual legal punishment can deter crime Rational choice theory and deterrence theory often considered synonymous Assumptions underlie the “get tough” approach, involving harsher punishments and more prisons Types of Deterrence Marginal: The effect of increasing the severity, certainty, and/or swiftness of legal punishment General: Members of public decide not to break the law because they fear punishment Specific: Offenders already punished decide not to commit another crime Deterrence Theory Deterrence Theory Considerations that affect the size of any impact the criminal law may have on deterrence: Type of criminal offense Instrumental offenses Expressive offenses Whether offenders have high or low commitment to criminal behavior Whether a crime tends to occur in public or private Additional considerations
  • 79. Research on Deterrence Most research has focused on the certainty (likelihood of being arrested) of punishment and on the severity (whether someone is incarcerated and if so how long) of punishment Is the Death Penalty an effective Deterrent? Things to Consider… Routine Activities Theory Neoclassical perspective Also known as routine activity theory Focus on criminal victimization patterns Rational choice assumptions of criminal decision-making Assumes that crime is more likely when 3 factors are simultaneously present: Motivated offenders Attractive targets An absence of guardianship Routine Activities Theory 1979: Lawrence E. Cohen and Marcus Felson For crime to happen, offenders, targets, and the absence of guardians must all converge at the same time and in the same location
  • 80. When people’s routine activities change, crime rates change as well There will always be a supply of motivated offenders Routine Activities Theory Focus on changes in the supply of attractive targets and in the presence/absence of guardianship as key variables affecting changes in crime rates Criminal opportunity structure Opportunity theory of crime Routine activities inside or near one’s home result in less victimization than activities that occur away from home Routine Activities Theory Crime results in part from the activities that so many people ordinarily enjoy “Rather than assuming that predatory crime is simply an indicator of social breakdown, one might take it as a byproduct of freedom and prosperity as they manifest themselves in the routine activities of everyday life” Evaluating Routine Activities Theory Popular because: It seems to explain important aspects of differences in crime rates among different categories of people and among different locations It seems to explain important aspects of changes in crime rates over time Evaluating Routine Activities Theory Certain studies have deepened the understanding of the factors that contribute to target availability and the absence of
  • 81. guardianship Some researchers have used it to explain offending May ignore factors that motivate offenders to commit crime Situational Crime Prevention Efforts in specific locations that aim to “reduce exposure to motivated offenders, decrease target suitability, and increase capable guardianship” Examples: Installing/increased lighting and camera surveillance on city streets and in public parks Providing/installing better security systems for motor vehicles, commercial buildings, and homes Hot-spot policing Figure 3.1 Summary and Comparisons of the Classical and Positivist Schools Pertaining to Certain IssuesClassicalPositivistHistorical Period 18th-century Enlightenment, early period of Industrial Revolution 19th-century Age of Reason, mid–Industrial RevolutionLeading Figures Cesare Becarria, Jeremy BenthamCesare Lombroso, Raffael Garofalo, Enrico FerriPurpose of SchoolTo reform and humanize the legal and penal systemsTo apply the scientific method to the study of crime and criminalityImage of Human Nature Humans are hedonistic, rational, and have free will. Our behavior is motivated by maximizing pleasure and minimizing pain.Human behavior is determined by psychological, biological, or social forces that constrain our rationality and free will. 23 Image of Criminals Criminals are essentially the same as
  • 82. noncriminals. They commit crimes after calculating costs and benefits. Criminals are different from noncriminals. They commit crimes because they are inferior in some way.Definition of CrimeStrictly legal; crime is whatever the law says that it is.Based on universal human abhorance; crime should be limited to inherently evil (mala in se) acts.Purpose of PunishmentTo deter. Punishment is to be applied equally to all offenders committing the same crime. Judicial discretion to be limited.Social defense. Punishment to be applied differently to different offenders based on relevant differences and should be rehabilitative. Figure 3.1 Summary and Comparisons of the Classical and Positivist Schools Pertaining to Certain Issues 24 Connecting Criminological Theory & Social Policy Theories of crime causation imply that changing the conditions the theory holds responsible for causing crime can reduce it and even prevent it. Policy: A course of action designed to solve some problem that has been selected from among alternative courses of action. Every theory has policy implications deducible from its primary assumptions and propositions A good theory should offer useful practical recommendations. 25 Policy and Prevention: Implications of Neoclassical Theories Rational choice and routine activities theories shift the policy
  • 83. focus from large and costly social programs to target hardening and environmental designs that might dissuade a motivated offender from offending. The policy recommendations of deterrence theory increase the costs of committing crimes and there will be less of it. 26 Policy and Prevention: Implications of Neoclassical Theories Lombroso believed that punishment should be only determined after a thorough assessment of offenders and their needs. As a social defense, Lombroso recommended death or life imprisonment for congenital offenders. 27 From PowerPoints, class discussion, and the textbooks as well as your own reflection, please answer the following questions. Feel free to write on the other side or to type answers. 1. How is criminological theory applied to juveniles? 2. Briefly explain the biological approach to explaining juvenile delinquency. 3. Briefly explain the psychological approach to explaining juvenile delinquency. 4. Based on your reading in chapter three of Whitehead, what is the most useful theory in explaining juvenile delinquency?