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Lec 9 If do an unlawful discharge of a gun, u can be charged. However, court can throw out that case. When you are object of assault, you do have right to defend yourself. But u can’t protect yourself vigorously. Muggings and carjacking is zero now. U are allowed to carry a gun. It is important to know that more guns on the street doesn’t mean more violence. In aggregative assault, damage is unprovoked. E.g first degree murdered (carefully planned the crime). Secondary degree murdered – u don’t plan out the murder ahead of time. E.g. a lot of spousal murders are second degree. It is not pre mediated. Man slaughter is a lesser degree crime – that is where someone dies bcz of ur negligence. Sexual assault – its most violent form is rape. Less severe form is molestation (still a crime but not as serious as rape). Biology to sociology In sociology there are many theories of crime. No theory has yet been proposed which is convincing enough to support widespread. Some pple subscribe to one some to the other. Dealing with crime is complicated. That is because u got nature and nurture interacted. Biological & Physical Theories Some say criminality is inherited meaning u will find the cause of crime inside pple. It is assumed to be part of genetic makeup. Cesare Lombroso - proposed this biological theory. Very few, if any, of his ideas are accepted today. In 1911, he wrote the book called “crime and its remedies”. Sometimes pple use bad seed to refer to inborn criminal behavior. Atavism is considered the cause of criminal deviance. This is wht distinguishes humans from animals. Humans have highly developed morality. Humans are moral creatures. Some criminal types are not fully evolved. Some criminals are atavistic type; meaning they have not developed human morality or they lack these high moral characteristics. Lambroso claims that criminal personality developed years ago in evolutionary history. Some have this criminal personality, some don’t! This is pure nature. He says a criminal is DeGenerous or morally insane. Lambroso thinks he is right bcz it is physically impossible to identify criminal. Criminal possess stigmata- “Receding hair line & shifty eyes” are signs that cause suspicion. Stigma lacks empirical support. Limitation of Lambroso’s research: He shud have compared a criminal sample with a non- criminal sample ( random). Sample of criminal and sample of non criminal are called matched sample. Englishman Charles Goring wrote a book called “The English convict” in 1913 where he tested the hypothesis by checking this matched sample. Empirical research can’t be identified with cesare lambroso. Key characteristic of sociopath and psychopath is that they can’t empathize bcz they can’t take the role of others. Criminals can’t read someone else emotions. These individual absolutely have no sense of remorse e.g. killing pple etc. They can objectify their victim. Can these sexual predators be cured of sadism? A psychiatrist said u can’t. You can watch them over but you can’t cure them. William Sheldon classifies three body types: 1) endomorph – someone who is non athletic 2) Ectomorph – tall thin, delicate & non athletic 3) Mesomorph – muscular, edgile & athletic. Eleanor Glueck (wife of Sheldon) – they wrote a book together called “physique and Identify” in 1956. They compared 500 delinquents with non delinquents. They find high proportion of mesomorph in delinquents and non delinquents. Two possible interpretation of blue X findings. 1) Biological explanation - someone genetic makeup makes them the mesomorph; it comes from inside pple. 2) A sociological interpretation - comes from outside pple. It may be that social forces interact with body language. E.g. Woody Ellen (movie director) is thin & short; if you are making a movie, u r not gonna pick him as your lead hero. Instead you want an action hero (like Rock etc). You will pick someone who looks mean. Same thing goes on in real life. In Gang environment, muscular guy generally gets selected to be the gang leader. Someone who can lead an illegal activity. Same thing goes on in outlaw biker group. So social forces in inner city gang environment selects muscular individual to be the leader in an illegal activity. This creates self fulfilling prophecy. This leader is most likely to be caught. He is most likely to be arrested. It is not nature producing a muscular frame & that has something criminal associated. Instead it is social forces that make these leaders take the high risk dangerous activity for which they are most likely to be prosecuted and convicted. SI type says pple are assigned script. So scripts are assigned to pple on the way society defines. Sociological Theories of criminal behavior These theories stresses role of social forces that makes pple criminal. Constraint theory: impose deviance and crime on pple. Motivational theory: Identify social factors that drive people to commit deviance and crime. Suthern’s theory, also called learning theory or differential association theory: pple learn criminal behavior just like we learn all behavior . Constraint theory comes from conflict theory. Labeling theory exist within the constraint theory. Labeling theory – deviance result not from deviant but the way pple label that individual or respond to that individual. Society puts label on pple. Individual start accepting that label. Constraint theory comes from conflicting theory – imposing norms on the poor. Conflict theory argues that bcz wealthy control society, they get to write the laws and laws are aimed @ underclass so they can be kept n line. These ideas comes from Edwin Lemert’s Social Pathology (1951) & Howard Becker’s outsiders in 1963. Becker wrote a paper called becoming marijuana user; in his days its use was more or less by musicians, especially jazz musician. He observed that pple on their first smoke don’t get high, instead these pple learn how to get stoned. When it comes to criminality, both of these authors claimed that criminality is social (it becomes apparent only when pple know about it). If pple don’t know it, then they don’t treat u as a deviant. When society applies this label that is when the person become deviant. There are two categories of deviance: primary deviance and secondary deviance. Primary deviance – no one knows about your criminal past except u. You go back over ur life and u think about wht criminal activity u were engaged in. The label is not applied in this case. Ex forging tax credit. Pple typically engage in this. But they are not caught. Some may have been engaged in shop lifting. In this case, pple don’t see themselves as deviant. Labeling theorists say that u don’t see urself as criminal bcz other pple don’t see u as criminal. All of us has involved in criminal activity at some point in life. Secondary deviance – this is when u get caught, convicted and labeled. A trial is a public affair. Labeling theorist call trial as degradation ceremony; the purpose of trail is to label someone as socially undesirable. So the person accused of the crime is expected to accept the moral superiority of the accusers. If convicted u must show remorse. It is expected from the pple who is convicted that they show remorse (when judge asks the offender near the end of the trial that “ would u like to say anything”) . In the past, pple were convicted of the crime & were send to prison for the crime that they weren’t not guilty. The dna tech was not available in those days. A lot of pple were convicted on eye witness testimony and in fact many were wrongly accused. Further, if u don’t show remorse u are looking at harsher punishment. The deviant become stigmatized. A stigma is socially neg. It is a deviant label. It is imposed by gud ppleon bad pple. When u r stigmatized by pple, self fulfilling prophecy become apparent – meaning u define the person as bad, the person ends up behaving bad. This is because person internalizes the label. Labeling theorist says that the application of stigma sets in motion the secondary deviance. Society ostracized (dislike) the deviant. The deviant or the criminal tends to hang out with other deviant. Pple who are stigmatized are rejected by society so they socialize with the pple who are like them. Labeling produce secondary deviance. Labeling theorist argue that criminal sanction has the opposition effect to wht is intended. Rather than eliminating future criminal behavior u encourages it. Sanction cause recidivism. Recidivism means repeat offence. Labeling pple cause recidivism. Sanctions and punishment cause recidivism instead of getting rid of behavior. It also encourages future criminal behavior e.g. prison. In the movie Blow by Johnny depp – he g
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