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Society: the basics CHAPTER Eleventh Edition Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Deviance 7 This multimedia product and its contents are protected under copyright law. The following are prohibited by law: - Any public performance or display, including transmission of any image over a network; - Preparation of any derivative work, including the extraction, in whole or in part, of any images; - Any rental, lease or lending of the program.
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Deviance Why does every society have deviance? How does who and what are defined as deviant reflect social inequality?
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis What is Deviance? Deviance –The recognized violation of cultural norms –Crime The violation of a society’s formally enacted criminal law –All deviant actions or attitudes have in common some element of difference that causes us to think of another person as an “outsider”
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis What is Deviance? Can you give an example to demonstrate how deviance and criminal deviance is quite extensive and broad?
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Social Control How does society try to regulate the behavior of individuals? Social Control –Attempts by society to regulate people’s thoughts and behavior Criminal Justice System –A formal response by police, courts, and prison officials to alleged violations of the law
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Social Control Is deviance much more than a matter of individual choice or personal failings? –How a society defines deviance –Who is branded as deviant –What people decide to do about deviance
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis The Biological Context What does biological research add to our understanding of crime? Early interest in criminality focused on biological causes Cesare Lombroso (1835-1909) –Theorized that criminals are physically different
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis The Biological Context Sheldon, Glueck, and Glueck (1950) –Suggested body structure might predict criminality –A powerful build does not necessarily cause or predict criminality
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis The Biological Context Genetic research today seek links between biology and crime –Concluded that genetic factors (especially defective genes) together with environmental factors (especially early abuse) were strong predictors of adult crime and violence –These factors together were a better predictor of crime than either one alone
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis The Biological Context Based upon biological explanations of deviance, come up with an effective policy or strategy to control such behavior.
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis The Biological Context CRITICAL REVIEW –What are the limitations of the biological approach in explaining deviance? –Biological theories offer a limited explanation of crime –Most actions defined as deviant are carried out by people who are physically normal –Biological approach looks at the individual Offers no insight into how some kinds of behaviors come to be defined as deviant
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Personality Factors Psychological explanations of deviance focus on individual abnormality Some personality traits are inherited Most psychologists think personality is shaped by social experience –Deviance is viewed as the result of “unsuccessful” socialization
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Personality Factors Reckless and Dinitz (1967) –Research concluded that personality controls deviant impulses Containment theory Based upon containment theory, come up with an effective policy or strategy to control such behavior.
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Personality Factors CRITICAL REVIEW –Personality patterns have some connection to deviance –Most serious crimes are committed by people whose psychological profiles are normal –Wrongdoing has more to do with the organization of society Why do biological and psychological analysis not explain deviance very well?
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis The Social Foundations of Deviance All behavior – deviance as well as conformity – is shaped by society. –Deviance varies according to cultural norms. Can you give examples of how laws differ from place to place? –People become deviant as others define them that way. Should we define a person who takes a grape from the produce aisle without the intent on paying for it a criminal?
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis The Social Foundations of Deviance All behavior – deviance as well as conformity – is shaped by society. (continued) –Both rule making and rule breaking involve social power. Who makes and breaks the rules? What are the punishments handed out to the poor verse the rich? To whom do laws serve, the majority or the rich minority?
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis The Functions of Deviance: Structural-Functional Analysis Emile Durkheim –Deviance is a necessary element of social organization
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis The Functions of Deviance: Structural-Functional Analysis According to Durkheim, what are the functions of deviance? –Deviance affirms cultural values and norms. –Responding to deviance clarifies moral boundaries. –Responding to deviance promotes social unity. –Deviance encourages social change.
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis The Functions of Deviance: Structural-Functional Analysis Clarify your understanding of Durkheim’s four functions of deviance by considering how rock-n-roll in the 1950s and marijuana smoking today provide each of the functions.
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis The Functions of Deviance: Structural-Functional Analysis Keeping in mind Durkheim’s claim that society creates deviance to mark moral boundaries, why do we often define people only in terms of their deviance by calling someone an “addict” or a “thief”?
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Merton’s Strain Theory Some deviance might be necessary for a society to function Too much deviance results from particular social arrangements
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Merton’s Strain Theory The extent and kind of deviance depend on whether a society provides the means to achieve cultural goals –In the U.S., what are examples of culturally approved goals and the institutionalized means provided for people to achieve these goals? Are all people provided with these means? Conformity lies in pursuing cultural goals through approved means
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Merton’s Strain Theory Deviance innovation –Using conventional means to achieve a culturally approved goal Ritualism –The inability to reach a cultural goal prompts the deviance of ritualism Retreatism –Rejecting both cultural goals and means –Individuals “drop out”
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Merton’s Strain Theory Rebellion –Reject cultural dimensions of success and conventional means –Further step is forming a counterculture alternative Based upon strain theory, come up with an effective policy or strategy to control such behavior.
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Image Bank
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Deviant Subcultures Cloward and Ohlin (1966) –Deviance or conformity depends on the relative-opportunity structure that frames a person’s life
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Deviant Subcultures People are unable to find legal or illegal opportunities –Conflict subcultures Violence is ignited by frustration and a desire for respect –Retreatist subcultures Deviants drop out and abuse alcohol or drugs
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Deviant Subcultures Cohen (1971) –Criminality is most common among lower- class youths Least likely to achieve conventional success
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Deviant Subcultures Miller (1970) characterized deviant subcultures –Trouble-arising from frequent conflict –Toughness-value placed on size, strength, and agility –Smartness-ability to succeed on the streets –A need for excitement –A belief in fate-no control over their own lives –A desire for freedom-anger towards authority
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Deviant Subcultures Anderson (1994) –In poor urban neighborhoods, most people manage to conform to conventional values –“Street code” Lifestyle of some young men Neighborhood crime and violence Indifference or hostility from the police Parental neglect –High risk of jail
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Deviant Subcultures Why do you think many of the theories just discussed seem to say that crime is more common among people with lower social standing?
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Deviant Subcultures CRITICAL REVIEW –Durkheim pointed out the functions of deviance –Communities do not always come together in reaction to crime –Merton’s strain theory criticized for explaining some kinds of deviance better than others
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Deviant Subcultures CRITICAL REVIEW (continued) –Cloward and Ohlin’s theories assume everyone shares the same cultural standards for judging right and wrong –Structural-functional theories suggest that everyone who breaks the rules will be labeled deviant
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Labeling Deviance: Symbolic-Interaction Analysis Explains how people come to see deviance in everyday situations Labeling Theory –The idea that deviance and conformity result not so much from what people do as from how others respond to those actions
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Labeling Deviance: Symbolic-Interaction Analysis Social construction of reality is a highly variable process –Detection –Definition –Response
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Labeling Deviance: Symbolic-Interaction Analysis PRIMARY AND SECONDARY DEVIANCE Primary Deviance –Norm violations that provoke slight reaction from others and have little effect on a person’s self-concept
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Labeling Deviance: Symbolic-Interaction Analysis Secondary Deviance –Response to primary deviance by which a person begins to take on a deviant identity and repeatedly breaks the rules Does labeling theory focus on primary or secondary deviance?
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Labeling Deviance: Symbolic-Interaction Analysis Stigma –A powerfully negative label that greatly changes a person’s self-concept and social identity –Operates as a master status Person is discredited in the minds of others and becomes socially isolated
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Labeling Deviance: Symbolic-Interaction Analysis Retrospective and Projective Labeling –Retrospective Labeling A reinterpretation of the person’s past in light of some present deviance –Projective Labeling Using a deviant identity to predict future actions Does arrest, detention, and imprisonment, according to labeling theory, have a negative or positive effect on deviant behavior?
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Labeling Deviance: Symbolic-Interaction Analysis LABELING DIFFERENCE AS DEVIANCE –Treating behavior that is irritating or threatening not as “difference” but as deviance or mental illness –Too quick to apply the label of mental illness to conditions that amount to a difference that is not liked Enforces conformity to the standards of those powerful enough to impose their will on others
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Labeling Deviance: Symbolic-Interaction Analysis LABELING DIFFERENCE AS DEVIANCE (continued) –Important to think carefully about defining “difference” Mentally ill are not to be blamed for their problem Avoid applying such labels just to make people conform to our own standards of behavior
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis The Medicalization of Deviance The transformation of moral and legal deviance into a medical condition –Swaps one set of labels for another –Moral terms “Bad” or “Good” –Medical terms pass no moral judgment “Sick” or “Well”
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis The Medicalization of Deviance Can you think of any examples of behaviors that were once strictly treated as a matter of morality rather than defined as an illness?
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis The Medicalization of Deviance THE DIFFERENCE LABELS MAKE Three consequences –It affects who responds to deviance –How people respond –Most importantly: The two labels differ on the issue of the personal competence of the deviant person Right or wrong, we are responsible for our own behavior
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Sutherland’s Differential Association Theory Learning convention or deviant social patterns is a process that takes place in groups Sutherland’s theory of differential association –A person’s tendency toward conformity or deviance depends on the amount of contact with others who encourage or reject conventional behavior
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Sutherland’s Differential Association Theory How might Sutherland’s theory be applied to our understanding of white collar crime (a crime committed by a person of respectability and high social status in the course of their occupation)?
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Hirschi’s Control Theory Control Theory –Social control depends on people anticipating the consequences of their behavior Conformity is linked to four different types of social control –Attachment –Opportunity –Involvement –Belief
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Hirschi’s Control Theory CRITICAL REVIEW –Labeling theory ignores the fact that some kinds of behavior are condemned just about everywhere –Research on the consequences of deviant labeling does not clearly show whether deviant labeling produces further deviance or discourages it –Not everyone resists being labeled as deviant; some actively seek it
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Deviance and Inequality: Social-Conflict Analysis Links deviance to social inequality Who or what is labeled deviant depends on which categories of people hold power in a society
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Deviance and Power People labeled as deviant are typically those who share the trait of powerlessness
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Deviance and Power Do you agree or disagree with the three social-conflict explanations listed below? If you agree, can you provide examples of how deviance and criminality is linked to social power? –All norms and especially the laws of any society generally reflect the interests of the rich and powerful
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Deviance and Power Do you agree or disagree with the three social-conflict explanations listed below? If you agree, can you provide examples of how deviance and criminality is linked to social power? (continued) –Even if their behavior is called into question, the powerful have the resources to resist deviant labels
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Deviance and Power Do you agree or disagree with the three social-conflict explanations listed below? If you agree, can you provide examples of how deviance and criminality is linked to social power? (continued) –The widespread belief that norms and laws are natural and good masks their political character
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Deviance and Capitalism Deviant labels are applied to the people who interfere with the operation of capitalism
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Deviance and Capitalism Four reasons: –Capitalism is based on private control of property – threats are labeled as deviant –Capitalism depends on productive labor – cannot or will not work – labeled deviant –Capitalism depends on respect for authority figures – resist and be labeled deviant –Anyone who directly challenges the capitalist status quo is likely defined as deviant
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Deviance and Capitalism Society positively labels whatever supports the operation of capitalism Capitalist system tries to control those who do not fit into the system Social welfare and criminal justice systems blame individuals, not the system, for social problems
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Deviance and Capitalism How would a Marxist analysis explain the fact that hundreds of miners have died in coal mines in West Virginia and other states in recent decades without anyone being charged with any crime?
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis White-Collar Crime Crime committed by people of high social position in the course of their occupations –White-collar criminals use their powerful offices to illegally enrich themselves or others Cause considerable harm
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis White-Collar Crime Crime committed by people of high social position in the course of their occupations (continued) –White-collar offenses typically end up in a civil hearing rather than criminal courtroom Civil law regulates business dealings between private parties Criminal law defines a person’s moral responsibilities to society
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis White-Collar Crime What are the most common types of white-collar crimes? Further, how are white-collar offenders treated by our criminal justice system? Civil case losses pay for damage or injury but are not labeled “criminal” When white-collar criminals are charged and convicted, they usually escape punishment
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis White-Collar Crime Corporate crime –The illegal actions of a corporation or people on its behalf Organized Crime –A business supplying illegal goods or services
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis White-Collar Crime CRITICAL REVIEW –Approach suggests that laws and other cultural norms are created directly by the rich and powerful Oversimplification because the law also protects workers, consumers, and the environment Sometimes the law opposes the interests of the corporations and the rich
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis White-Collar Crime CRITICAL REVIEW (continued) –Argues that criminality springs up only to the extent that a society treats its members unequally Deviance exists in all societies, whatever the economic system
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Hate Crimes A criminal act against a person or a person’s property by an offender motivated by racial or other bias Can you provide examples of hate crimes?
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis The Feminist Perspective: Deviance and Gender Women have been socialized to define success in terms of relationships How does gender figure into the following theories? –Strain Theory –Labeling Theory Despite focus on inequality, social conflict analysis does not address the issue of gender
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Crime The violation of criminal laws enacted by a locality, state, or the federal government All crime have two distinct elements –The act itself A failure to do what the law requires –Criminal intent Mens rea or “guilty mind” Ranges from willful conduct to negligence
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Types of Crime Crimes against the person (violent crimes) –Crimes that direct violence or the threat of violence against others Crimes against property (property crimes) –Crimes that involve theft of property belonging to others
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Types of Crime Victimless Crimes –Violations of law in which there are no obvious victims –Illegal drug use, prostitution, gambling
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Image Bank
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Criminal Statistics Why should one read crime statistics with caution? How much more crime do victimization surveys suggest there actually is in the United States? Include only crimes known to the police Researchers check crime statistics –Victimization surveys –Demonstrates that the overall crime rate is twice as high than official reports indicate
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Image Bank
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis The Street Criminal: A Profile Which categories of people are most likely to be arrested for violent and property crimes? –Gender Men are arrested more than twice as often as women for property crimes Higher four-to-one ratio for violent crimes –Age Criminal activity rises sharply during adolescence, peaks in late teens, falls with age
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis The Street Criminal: A Profile Social Class –Street crime is more widespread among people of lower social position –Most violent crimes in inner-city communities are committed by a few hard-core offenders –Majority of people in inner-city neighborhoods have no criminal record
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis The Street Criminal: A Profile Social Class (continued) –If we expand our definition of crime beyond street offenses to include white-collar crime, who may the “common criminal” now be in our society?
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis The Street Criminal: A Profile Race and Ethnicity –Strongly linked to crime rates
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis The Street Criminal: A Profile Race and Ethnicity (continued) –What are the reasons for disproportionate arrests among African-Americans? In U.S., race is linked to social standing Single-parenting has two risks Prejudice prompts white police to arrest black people more willingly leading to over-criminalization The official crime index does not include arrests ranging from drunk driving or white-collar violations Some categories of the population have unusually low rates of arrest
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Crime in a Global Perspective What may be some factors that contribute to the U.S. having such a high crime rate by world standards? –Crime arises from culture’s emphasis on individual economic success –Extensive private ownership of guns
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Crime in a Global Perspective Crime is high in some of the largest cities of the world –Traditional character of low-income societies and strong family structure allows local communities to control crime informally Globalization also extends to crime –Demand issue of the drug trade in the U.S. –Supply side in South America At least 20% depend on cocaine for their livelihood
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Crime in a Global Perspective Different countries have different strategies for dealing with crime –Death penalty Do you think that the United States should abolish the death penalty? Why or why not?
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Image Bank
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis The U.S. Criminal Justice System A society’s formal response to crime –Police –Courts –Punishment
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Due Process The criminal justice system must operate within the law Grounded in first 10 amendments to the U.S. Constitution –Offers protection to any person charged with a crime
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Due Process Due process limits the government’s power –Eye towards nation’s cultural support of individual rights and freedoms
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Police Serve as point-of-contact between people and the criminal justice system –708,569 full-time police across U.S. monitor more than 300 million people. Do you believe that the U.S. needs more police patrolling the streets? Would this help reduce the rate of crime?
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Police To act quickly, police must size up a situation in terms of six factors –More serious they think the situation, the more likely they make an arrest –Take account of the victim’s wishes in an arrest –Odds of arrest increase with uncooperative suspects
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Police To act quickly, police must size up a situation in terms of six factors (continued) –More likely to arrest someone who has been arrested before –Presence of bystanders increases the chance of arrest –All else being equal, police are more likely to arrest people of color than whites
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Courts Relies on an adversarial process involving attorneys –Defense, state, and judge
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Courts Plea bargaining –A legal negotiation in which a prosecutor reduces a charge in exchange for a defendant’s guilty plea –What are the pros and cons of plea bargaining? Spares the system time and expense of trial Sometimes pressures the innocent to plead guilty Undercuts the adversarial system and the rights of the defendants
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Punishment Why does society punish wrongdoers? Does sending a person to prison successfully accomplish any of the below goals? Explain. Retribution –The act of moral vengeance by which society makes the offender suffer as much as the suffering caused by the crime
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Punishment Deterrence –The attempt to discourage criminality through the use of punishment Rehabilitation –A program for reforming the offender to prevent later offenses
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Punishment Societal protection –Rendering an offender incapable of further offenses temporarily through imprisonment or permanently by execution
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Punishment CRITICAL REVIEW –Despite extensive use of punishment –High recidivism rate Later offenses by people previously convicted of crimes –Most crimes go unpunished –General deterrence is difficult to investigate scientifically
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Punishment CRITICAL REVIEW (continued) –Growing controversy over the use of the death penalty –Prisons provide short-term societal protection but do little to reshape attitudes or behavior
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Community-Based Corrections Correctional programs operating within society rather than behind prison walls What are the advantages of community- based corrections? –Reduce costs –Supervision of convicts while eliminating hardships of prison life and stigma of jail –Not so much to punish as to reform
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Community-Based Corrections What are some examples of community- based corrections? Probation –A policy of permitting a convicted offender to remain in the community under conditions imposed by a court
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Community-Based Corrections Shock probation –A policy by which a judge orders a convicted offender to prison for a short time, then suspends the remainder of the sentence in favor of probation Parole –A policy of releasing inmates from prison to serve the remainder of their sentences in the local community under supervision of a parole officer
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Copyright ©2011 by Pearson Education, Inc. All rights reserved. Society: the basics, Eleventh Edition John J. Macionis Community-Based Corrections CRITICAL REVIEW –Research suggests that probation and shock probation do not significantly reduce recidivism –Levels of crime among individuals on parole are high –Criminal justice system alone cannot eliminate crime
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