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SOC101Y1 (985)


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Jeffrey Kopstein

SOCIAL AGENTS AS DEVIANTS - Individuals engaged in crime have low social control, HIRSCHI AND GOTTFREDSON, even if them stop commiting crime they will demonstrate it in other ways - Business execs engage in white collar crime have low self control, following monetary desires, etc. - white corporate offenders are good at avoiding prosecution, more likely to get lenient sentences even if tried because they can afford the best defence lawyers, pretty good at avoiding severe criminal sanction - two strategies are used to control white corporate crime o compliance: self-policing within business community, buttressed by economic sanctions and civil penalties; e.g. US food and drug administration that have penalties if you violate their rules, or business caught will not be receiving government resources....try to create a market incentive for doing the right thing, that is you will loose money etc., if you do the wrong thing, create a market incentive for following the proper laws and regulations, always follow the actions and come after the crime has occurred, if you haven’t complied therefore these consequences will happen...compliance follows the actions, but even if companies do get penalized they pass it onto to the customers (increase prices, etc.) o deterrence: general deterrence notion tries to prevent you from doing something, specific deterrence is the punishment you encounter yourself will prevent you from engaging in that behaviour again. Specific deterrence is really effective when you talk about a certain class of crime, not very effective when it comes to crimes of passion, the rational calculation in crimes of passion that you need for specific deterrence doesn’t occur. Specific deterrence works when it comes to cost calculation (e.g. speeding tickets), cost-benefit actor calculation is effective. - White collar offenders, specific deterrence can be effective, cost-benefit calculation - Some evidence that attempts are made to give severe penalties to wealth people convicted of white-collar type of offences, this is clearly a case for general and specific deterrence, e.g. Martha Stewart, sending her to prison will prevent her from insider trading in the future, - A survey conducted by bureau of justice in the USA of enforcement practices in 9 states find that white collar offences only account 6% of all arrests (not sure if its more difficult to detect, prosecuting attorneys put less resource in these crimes, etc.), 88% of those arrested for white collar crime were prosecuted (high rate of prosecution), and 74% were convicted in criminal court, even though small likelihood of arrest, but high likelihood of prosecution and conviction...but only 18% of convicted served prison terms, which is relatively less severe (maybe has to do with better representation) - White collar crime, “stings” do not refer to what police officers do, in white collar crimes stings and swindle refers to getting your money through a jam SOCIAL CONTROL AGENTS AS DEVIANTS - how do we trust police officers, cjs to do the right thing?  ways in which social control can contribute to deviance generally - Gary Marx, begins with a critical proposition that comes from labelling theory, he notes that social control creates the problem it is designed to eliminate. Related to labelling theory, because the processes in cjs is suppose to deter, but its because of going through primary and secondary deviance which leads you to internalize and start acting like a criminal, even though CJS it is to sanction and deter, but it is creating further criminality. Social control creates sanctioning system that creates problem it is designed to eliminate. 3 situations where social control contributes to rule breaking 1) Escalation; process of control triggering violations...e.g. car chase o Consider ecalation on two levels; 1) initial enforcement esculation: cjs no longer the only formal control system, not directly hired by the state, companies that hire private security, are an example of quasi-law enforcement, gated communities, hidden security cameras...all these tools can result in expanded criminal population this expansion created a number of businesses to ensure a steady flow of offenders in the population  e.g. California, different businesses for prison, e.g. catering, uniform, etc., California Correctional Peace Officer’s Association, organization grown beyond belief in size and wealth in past few decades, had 5000 members in 80s, joined with youth authority and parole officers later and built lots of prison...they became the most powerful and influential group in the state the lobby for the most Draconian 3 strikes law, once rd st you have 2 strikes against you, the 3 strike can be for anything and you get prison in life, in the 21 century when under order to decrease the prison population because of almost bankruptcy, they wanted an intiative that won’t get you prison for technical violations *missing parole officer, drug], the CCPOA paid to have commercials that scared the public and voters, suggests the importance of how ex-offenders are handled and the way in which social control create obstacles that are the odds to subsequent deviance, having been identified as rule violater can set of reactions from authorities that will create more criminality, id of inmate, etc., you get released from prison and on parole and you can’t get into public housing, jobs you can’t get because of criminal records which becomes the inducement to get back into offending, the ability of people to get jobs with a criminal records is more hard because of criminal background checks where companies or people have paid private investigators for criminal history, employers have become more and more vigilant of backgrounds of individuals. 2) Post-apprehension escalation  There are new development in social control that escalates crime, such as DNA technology, increase the extent of racial profiling, most scientists agree that human beings are 99.9%r alike, and race is of little scientific utility, a small group of scientists have looked at genetic markers, there are more genetic variationwithin categories of race than between, USA passed a bill that allowed FBI to establish a national dna database, they all contribute to it, but not just from convicted offenders, but also arrestees,
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