General Approach to Crime Theories

General Approach to Crime Theories

Author: Tony

Tony’s Papers

General Approach to Crime Theories.

Introduction

This ad hoc committee was formed to analyze the possible causes of crime and recommend some measures to the policymakers working in the Department of Justice (DOJ). The committee is chaired by a retired superintendent of prisons and other committee members include members of the court workgroup, officers of correctional facilities and officers of the criminal intelligence unit of the law enforcement department. As an attorney general who has worked extensively with defense attorneys and law enforcement officers who have had initial contact with crime suspects, I have been able to analyze the overall trend of crime and its correlates. An attorney general serves the dual function of a top-ranking law enforcement officer and a government lawyer (and head of the DOJ). As such, I have been able to study the patterns and nature of crime that come before the courts; and I realized that the probable causes of crime can be explained by crime theories.

Members of the court workgroup, especially defense attorneys, do agree that crime is a pervasive disease affecting the society. Numerous attempts have been made to understand the causes of crime in order to manage it better. Empirical studies on the nature, causes, and extent of crime have led to the development of several crime theories which attempt to link the crime to its initial cause. A crime theory does have a bearing on the functioning of the criminal justice system. The theory provides the scientific framework for analysis of the nature, causes, extent, prevention and control of criminal or criminally-oriented behavior in individuals and the community. Thus, members of this committee need to familiarize themselves with all aspects and relations of crime theories. Of much importance, it is imperative to familizarize the chairmen with crime theories and all its related aspects.

A crime theory combines elements from behavioral psychology, sociology, anthropology and psychiatry. Crime is associated with a myriad of correlates. The linkage between the crime and its correlate is provided by a crime theory. Therefore, an understanding of any crime theory requires familiarization with the types of crime, correlates of crime and the criminal justice system (Newburn, 2013). Crime theories are used by members of the criminal justice system to study the causes and trends of crime. Also, crime theories can be used to predict crime patterns in specific settings. This study enables members of the justice system to formulate strategies of preventing crime and/or mitigating the effects of crime (Newburn, 2013).

This paper analyzes crime theories in relation to their applicability to the criminal justice system. To begin with, crime will be defined, and the various types of crime outlined. Thereafter, crime and its correlates will be discussed. This will be followed by an overview of the criminal justice system. This is then followed by a brief overview of the eight major crime theories. The paper will then discuss the social structure theories and their correlation to the criminal justice system, including their influence on policy formulation. Thereafter, there is an example of how control theories do apply in real-life situations. Then the paper is concluded with recommendations.

Crime

Crime is an act whose commission causes a violation of the set laws and basic values of the society.  The laws incorporate the accepted beliefs and esteemed values of the community. Laws have been grouped into two types: natural laws and statutes. Natural laws are shared core values that protect individuals against harm. On the other hand, statutes are enacted legislations which reflect the prevailing circumstances in the society. Statutes provide the basis for criminal laws due to their fluidity with emergent social changes. The critical, Marxists and conflict criminology posits that statutes are unrepresentative and inconsistent with the wishes, values, and beliefs of the public, and as such they end up criminalizing actions that would have otherwise been considered innocuous (Newburn, 2013).

Conventionally, crime has been classified into the following 8 types: blue-collar crime, white-collar crime, corporate crime, state-corporate crime, political crime, state crime, organized crime and public order crime (Newburn, 2013). Currently, criminologists who prefer specific crime theories have argued that the term crime should be replaced by the term harm since some types of crime do not qualify the definition of crime, for example, women arrested for demonstrating against the release from custody of a serial rapist (Newburn, 2013).

Crime and Its Correlates

            Crime has correlates, and these correlates have been categorized into 7 groups: biological, ethnicity, early life development, adult lifestyle, socioeconomic factors, psychological traits and sociocultural factors (Siegel, 2011). An overview of these correlates is provided below.

According to criminological studies, the biological correlates are age, gender, hormonal status, arousal and body types. This is demonstrated by the fact that most criminals are well-built males aged between 20-40 years old whose hormonal profiles do show a significant increase in testosterone levels. Also, most criminals are found to have committed crimes while they were in a state of arousal as evidenced by abnormal parameters of various biochemical markers such as increased serum levels of 5-hydroxyindolacetic acid, and reduced activity of monoamine oxidase (Siegel, 2011).

Studies have shown an association between ethnicity and crime. The results have shown that crime rates are higher in cosmopolitan areas and among specific immigrant populations. Also, studies have shown that there are higher crime rates in black neighborhoods as compared to white (Siegel, 2011).

Studies have also indicated that early life events do predispose individuals to later criminality. During gestation, maternal smoking has been shown to predispose the child born to criminal behaviors. Also, implicated are perinatal trauma, low birth weight and complicated childbirth. Family life has also been implicated in causation of crimes. The implicated events are child maltreatment, family breakdown, absence of parent-child attachment, lack of parental supervision, alcoholism and drug abuse. Studies have also shown that criminals tend to come from large families. What is more, there is a positive correlation between bullying and later criminal tendencies. School problems such as academic underachievement, indiscipline and quitting of school are known to be associated with later criminal behavior (Siegel, 2011).

The following aspects of an adult lifestyle have been implicated in criminality: drug abuse, alcoholism, hyper-sexuality, irreligiousness, poor choice of friends and poor social skills (Siegel, 2011).

Studies on the relationship of psychological traits and criminality have shown a predominance of criminal behavior among individuals who have such psychological traits as antisocial personality disorder, attention deficit hyperactivity disorder (ADHD), conduct disorder, depression, schizophrenia, suicidal ideation, and impaired mentation. Also, most criminals tend to exhibit the following personality traits: low self-control, impulsivity, aggressiveness, psychoticism, apathy, self-centeredness and high sensation-seeking behaviors (Siegel, 2011).

Studies have shown that crime is more common in low SES (socio-economic status) areas than in affluent areas. Also, educational accomplishment and high income have associated with less crime with the converse being true. Likewise, high parental income is associated with incidences of low criminality rates among the children. However, frequent job changes and long period of unemployment led to increased incidence of crime (Siegel, 2011).

The main sociocultural factors that have been associated with increased incidences of criminality are gun politics, media depiction of crime, inappropriate drug use, illegitimacy, and unwanted pregnancies. Unwanted pregnancies lead to siring of illegitimate children who are likely to exhibit delinquency during childhood and overt criminality during adulthood (Siegel, 2011).

Overview of the Criminal Justice System.

The system is made up of legislative, adjudication, and corrections agencies. These three agencies are related, and they do operate together to maintain the rule of law in the society. The initial contact that a suspect has with the criminal justice system is with the law enforcement agency which apprehends suspected criminals. Moreover, it conducts criminal investigations and enforces warrants of arrest. Upon completion of investigations, the police either release the suspect or take him to court (Dammer, 2013).

Adjudication of criminal cases is carried out in courts. The courtroom workgroup ensures that the administration of justice is done in a fair and equitable manner. An adversarial system assists the courtroom workgroup to make a verdict. The offender is then handed over to the corrections department when the final verdict concludes that the offender is guilty (Dammer, 2013).

The corrections department enforces the sentence of the court. For criminal offences, the most common punishment is incarceration in prison. The prison term is determined by the gravity of the offence committed. Such incarceration prevents the accused from committing more crimes. The prison also provides rehabilitation for criminals (Laub, 2006). Minor criminal offences do attract such sentences as pecuniary fines, house arrests, community service and probation. Also, convicted criminals with chemical dependency or psychiatric issues are committed to the relevant institutions. Currently, the most severe sentence for a criminal offence is execution (Dammer, 2013).

Crime Theories.

            There is a need for members of this committee to familiarize themselves with crime theories. Below is a brief overview of crime theories.

Early schools of thought in criminology have been superseded by the eight crime theories outlined below (Marsh,2006).

1.      Classical School

      It postulates that human beings have freedom of choice and that this freedom extends into their choice of action. Thus, deterrence is considered to be a trait of a rational calculating mind. Such deterrence is determined by the severity of punishment. Thus, a severe punishment is more likely to deter a rational person from committing crime (Marsh, 2006). This theory is currently used in the criminal justice system to determine the punishment that certain crimes deserve. For example, the punishment for multiple homicides is execution in order to deter people from committing senseless murders. However, this theory does not consider the motivational factors that contribute to the commission of a crime.

2.      Positivist School

            It posits that both external and internal factors that are beyond an individual’s control do cause the individual to commit a crime. Its three segments are social, biological and psychological positivism. Biological positivism posits that the biological make-up of an individual does predispose a person to criminal tendencies. Sociological positivism postulates that societal determinants such as subculture, illiteracy and poverty do predispose an individual to crime. The differential association model postulates that crime can be learned via association and as such antisocial peer groups would lead one to acquire criminal behavior (Marsh, 2006). The postulates of this school can be applied in the criminal justice system when the attorney general recommends more law enforcement officers to be deployed in low SES regions.

3.      Chicago School

          It postulates that crime is preferentially located in the city’s zone of transition. It adopts social ecology in its approach to crime whereby the collapse of the social structure and a corresponding breakdown in vital social institutions do lead to social disorganization, which inhibits the ability of the society to control behavior. This then leads to deviant behaviors, criminal tendencies, and unchecked criminality (Marsh, 2006). The postulates of this school can be seen to apply in the criminal justice system when the attorney general recommends that more law enforcement officers in cities to be posted in the zone of transition areas or inner city neighborhoods.

4.      Symbolic Interactionism

        It postulates that there is a conflict between powerful groups and groups with less power. The powerful group is made up of the ruling elite, the state and the media, and due to the overall power invested in them, they are able to generate meanings which they impose on the weaker groups. Lack of acceptance of the imposed meanings by a member of the weaker group leads to such a member being labeled a criminal. Fear of such a label does lead to a state of moral panic in the society. Such a label induces the individual to engage in crime thus creating a self-fulfilling prophecy (Marsh, 2006). In the criminal justice system, this theory is thought to apply when law enforcement officers engage in ethnic profiling of members of minority groups.

5.      Individual Theories

       It is made up of three theories: rational choice theory, trait theories, and the routine activity theory. Trait theories postulate that childhood traits acquired at home do predispose an individual to criminal behavior during adulthood. The rational choice theory postulates that a commensurate punishment that is administered swiftly in response to crime does deter an individual from committing that crime (Laub, 2006). Such rational deterrents do induce individuals to abide by the law. Routine activity theory postulates that opportunities for crime occur on a daily basis and that the lack of effective restraining control does lead an individual to committing crime (Marsh, 2006). In the criminal justice system, these theories are applied when the court’s sentence is proportionate to the crime committed.

6.      Marxist Criminology

        It postulates that deviance to the law is the natural consequence to oppressive, manipulative or unjust laws. It also states that crime results from materialism rampant in society (Marsh, 2006). In the criminal justice system, this theory is applied when the government victimizes its opponents by labeling their activities as criminal, or when the legislature enacts and the police enforce a detrimental law that only suits the interests of particular wealthy lobby groups. Also, this theory is put into practice when the police arrest and court convicts members of civil groups protesting against social injustices.

7.      Biosocial Criminology

         It postulates that criminal behavior results from the interactions of psychological traits of the offender and the surrounding environment. It, thus, considers a genetic and neuropsychological contribution to criminality (Marsh, 2006). In real life situations, most of the convicted criminals have antisocial personality traits, and these traits do have genetic, psychological and neurophysiological components.

8.      Social Structure Theories

          It is based on sociology of crime and is discussed in detail below. This paper will focus on the social structure theories.

Social Structure Theories

            It comprises the social disorganization theory, strain theory, social ecology, control theories and the subcultural theory. It also incorporates aspects of the conflict theory, sociology and criminology. Thus, it has a broad perspective to crime and criminal behaviors (Einstadter & Henry, 2006).

The social disorganization theory was proposed by Clifford Shaw and Henry McKay who were adherents of the Chicago school. It postulates that economically-deprived areas have high population turnover rates which place significant strain on the existing social structures thus causing the collapse of such structures, and this leads to a breakdown in the social order. The population turnover rates lead to population heterogeneity, and this destroys the monolithic value system of the society thus causing family breakdown, rampant vices and insecurity. Therefore, this theory attempts to explain the rampant crime in poor multiethnic neighborhood, and also why many criminals incarcerated in prisons do come from such neighborhoods (Einstadter & Henry, 2006).

Social ecology is built upon the social disorganization theory. Studies in social ecology have shown that crime predominates almost exclusively in areas plagued by poverty, societal deterioration, social disorder and collapsing infrastructure. Such areas usually experience a flight of its middle-class residents, thus leaving behind the poor and the sociall undesirable to predominate in the areas (Laub, 2006). Such a flight leads to organizational and moral breakdown, which leads to isolation of the area from the mainstream society, thus making the area an ideal venue for hideouts of criminals who exert a negative influence on the behavior of the community. Social ecology explains why poor neighborhoods produce a disproportionate number of criminals. Based on this theory, one can forecast an increase in the number of criminal incidents in Detroit, due to the fact that the city is currently experiencing infrastructure breakdown and a flight of the wealthier residents to the suburbs, thus leaving a poor black majority to predominate in economically unviable inner city areas. For the criminal justice system, this would lead to a backlog of criminal cases (Einstadter & Henry, 2006).

Robert Merton is an American psychologist who proposed the social strain theory. The theory postulates that crime results from the failure of the majority to realize their ambitions due to an unfair and unequal social structure. This theory attempts to explain the predominance of crime in areas that experience high rates of corporate crime, state-corporate crime, political crime and state crime. This explains why the criminal justice system is overwhelmed by the number of criminal offenders in areas such as Detroit (Einstadter & Henry, 2006).

The subcultural theory is a derivative of the strain theory and the Chicago school. It postulates that cultural groups, which detach themselves from the society, do end up forming their own value systems and priorities in life. For the criminal justice system, this theory explains the genesis of gangs and gang culture which prioritizes on illegal acquisition of wealth. Thus, the attorney general, members of the justice system and law enforcement officers should expect an increase in the number of criminal incidents in areas where new gangs are emerging frequently (Einstadter & Henry, 2006).

Control theories are derivatives of the social control theory. Travis Hirschi ascertained that four main factors do determine the propensity of an individual to engage in crime. These factors are confidence in the moral validity of laws, participation in normal activities, attachment to others, and a commitment to achieve. An individual who has confidence in the laws, participates in normal activities, has a commitment to achieve and also has no strong attachment to others is less likely to participate in criminal behavior (Einstadter & Henry, 2006).

Social Structure Theories and the Criminal Justice System

            The influence of social structure theories on the criminal justice system is illustrated below. The criminal justice system would have to commit more resources in terms of law enforcement personnel who would be stationed in inner city neighborhoods since the social disorganization theory posits that crime predominates in dysfunctional low SES areas. It may also be necessary to build more courts and place more court officials in such areas. This fact is considered during policy formulation of the criminal justice system.

Also, social ecology is considered during policy formulations concerning city areas experiencing economic collapse; for example, the policymakers should consider committing more resources to Detroit as it can be predicted that violent crime would increase in the near future. This measure would enable the justice system to avert a backlog of cases. Policymakers should also consider committing more resources to areas where there is a wide gap between the rich and poor, especially if the wealthy do disproportionately exert control over the economic output of the area. This is informed by the social strain theory which predicts increased criminality in such areas.

The subcultural theory would inform the policymakers to lay down strategies to be used by the police to identify, monitor and dismantle groups that espouse a different set of value systems from the universally accepted values. This theory postulates that such groups could mutate into criminal gangs, which would later on bear weight on the criminal justice system.

Real-Life Scenario.

Mr.Simmons is a corporation accountant, lives in Hoodsville, an inner city neighborhood. He strongly desires the latest version of a Ferrari, but his financial situation does not allow him to make the purchase. However, his desire is overwhelming to the point that it overpowers his self-control, and he decides to defraud his company of its finances. He reasons that the punishment for fraud is minor compared to the benefits he would get from the crime. Moreover, his conviction will elevate his social status in the community. Furthermore, he had recently been accepted as a member of a group Spookies. This group espouses the need for people to repossess the wealth deprived from them by corporations. He committed the fraud and he was sentenced to 4 months of community service by a judge who was brought up in the same neighborhood.

This case Mr.chairman is an appropriate example of how social structure theories can be used to analyze for the cause of crime and even offer possible solutions. According to the social structure theories, Mr.Simmons was motivated to execute his crime due to lack of social inhibition and a need to repossess what the corporation stole from his community (subculture theory). According to the social disorganization theory, the judge who presided over his case sympathized with him since they both grew up with the same disorganized set of values and they may also share the feeling of being victimized and discriminated against by the wealthier members of society (social strain theory). Thus, Mr.Simmons’ case should be retried by a judge who was brought up to value integrity in the discharge of his duties, and probably one who was brought up in a stable segment of the society. Such a judge will give Mr.Simmons a fair hearing. In this example, the social structure theories explain how the court system becomes dysfunctional in communities where the criminals are tried by judges who share similar value systems as them. This leads to an increase in crime rates as a weakened and dysfunctional adjudication system is unable to restore a measure of social stability.

Conclusion and Recommendations

 The attorney general, Law enforcement officers and defense attorneys do appreciate the social cost of crime. Crime theories enable one to understand the causes of crime, and this leads to better crime management. Crime theories are used by members of the criminal justice system to study the causes and trends of crime. Also, crime theories can be used to predict crime patterns in specific settings. This study enables members of the justice system to formulate strategies of preventing crime and/or mitigating the effects of crime. The following recommendations were made on the basis of the postulates of the social structures theories:

1.      There is a need to increase the number of defense attorneys and law enforcement officers in economically deprived areas.

2.      There is a need to prioritize on assigning defense attorneys dealing exclusively with violent crime to such areas.

3.      There is a need for the office of the attorney general to set up legal education centers in the poor areas of the city in order to educate people on the importance of respecting the law and avoiding gangs.

4.      There is also a need to vet judges in order to ensure that the integrity of the court system is not compromised.

References.

Dammer, H. (2013). Comparative Criminal Justice Systems (5th Ed.).New York, NY: Cengage Learning.

Einstadter, W & Henry, S. (2006). Criminological Theory: An Analysis of Its Underlying Assumptions. New York, NY: Rowman & Littlefield.

Laub, J. (2006). The Craft of Criminology: Selected Papers. New York, NY: Transaction Books.

Marsh,I. (2006). Theories of Crime. New York, NY: Routledge.

Newburn, T. (2013). Criminology. New York, NY: Routledge.

Siegel, L. (2011). Criminology: Theories, Patterns, and Typologies(11th Ed). New York, NY: Cengage Learning.