o Best exemplified by norms and common practices, feelings of whats right and wrong o More common and stronger in smaller, more homogenous areas o Comparing crime rates in a town in Uganda (developing nation), studies showed that areas with less crime showed greater social solidarity, more interaction and homogeneity. Neighbors felt they shared some responsibility for protecting their neighbors o Good example is the old lady network in China, where an old lady watches over ~20 families and helps resolves squabbles Formal Social Controls o More characteristic of complex, heterogeneous societies o Incorporated via institutions, characterized by the explicit establishment of procedures o Criminal Sanctions Most highly structured formal system used by society 3.3% of Americans behind bars in 2010, tons of overcrowding in federal prisons. 7% of people held in private prisons Spending on jails is huge: $57 billion in 2005 America has more people in prison than anywhere else, also has higher incarceration rate America spends more money constructing prisons than universities Sometimes public humiliation is used as an alternation to incarceration (TV show that broadcasts mug shots of prostitutes/men trying to buy sex) Punishment is supposed to have a deterrent effect. Individual deterrence may be achieved by intimidation o the person; general deterrence results from the warning offered to potential criminals by example of punishment of the wrongdoer
The effectiveness of deterrence threats is
measured by: the severity of the punishment for an offense, the certainty that it would be an applied, and the speed with which it would be applied Research shows that certainty is more important than severity Deterrence may only deter some crimes/criminals Instrumental offenses (i.e. embezzlement) are more likely to b deterred than expressive acts (i.e. rape, murder) Those who commit crimes less frequently (low commitment offenders) are more easily deterred o Discord over the Death Penalty Most severe form of punishment 47% of countries have abolished it by 1993 Still widely practiced in China, more than all other nations combined Ehrlich did econ study in favor of the death penalty, demonstrating that it deterred thousands of people from committing crimes. When certain data was omitted, however, relationship between murder rates and executions was not found to be statistically significant. Basically, we dont know if deterrence works with the death penalty. Most murders are low-commitment murders, often under the influence, who are unlikely to think rationally in this situation. Not a deterrent for female serial killers. Bunch of studies find that DP is not a more effective deterrent than long prison sentences DP is fiscally more expensive. At least, imprisoning an inmate for 50 years could cost less than $20k a year Another con of DP: executing innocent people DP more likely to affect poor and minority group members than more affluent whites Despite all the cons, theres growing advocacy for the DP in the US, yet, as a deterrent, it remains ineffective and expensive o Civil Commitment
Defining a behavior as a medical problem or
illnessdrug abuse, alcoholism, viewing violence as a genetic of psychological disorder Noncriminal process that commitments people to some sort of institution/rehabilitation center Crimes Without Victims o Drug Addiction Not until 1914 that the US regulated drug use Huge increase in people being imprisoned for drug use, comprised 1/3 of all person convicted of a felony in state courts Drug problem growing internationally, but the US had the highest substance abuse rate in 2010 Only a fraction of inmates undergo serious rehabilitation War on Drugs cost a lot of $$$$ o Prostitution Laws throughout the world discriminate against women In many European countries, and specifically in the Netherlands, prostitution is legal, and sex workers get basic labor rights, insurance, disability, etc. Decriminalization of prostitution would extend the practice of official tolerance and allow police agencies to deal with more important matters. Opponents think that prostitution may lead to drug addiction or even murder o Gambling 70% of Americans gamble Considered a consensual transaction and a plantifless crime Generally very low conviction rates for gambling Criminal law is ineffective in controlling and preventing people from engaging in illegal gambling Penalties tend to be light Illegal gambling provides the largest source of revenue to organized crime Attempts to control illegal gambling consume large amount of law enforcement time and resources
Most of the problems with gambling control
stem from corruption of police and the courts in related to these offense (i.e. Canadian cop rigging evidence to put suspects behind bars in Toronto) Serious gambling problems amongst senior citizens (~11%) and those under 21 (as high as 15%) Strong arguments that legalizing gambling could bring jobs and capital development, however activities thought to be associated with pathological gambling, like excessive borrowing and crime, would probably increase White-Collar Crime o Crimes of privilege o Usually committed by people of high status o Some think these crimes constitute a more serious threat than traditional types of crime o Examples include stock manipulation, copyright infringement, false advertising, and outright swindling o Recent example of white collar crime is Robert Madoff, who developed networks across Jewish charities, universities, etc. and managed to steal billions o Incorporate both occupational and corporate crimes Occupational: connection with their occupation, generally benefit the individual (i.e. doctor giving out illegal prescriptions for narcotics) Corporate: benefit usually for the organization (i.e. executive bribes a public official to secure favors for his corporation) In the 2010s, corporate crime is on the rise, thought that CC through corruption, faulty goods, etc. costs the consumer over $65 billion annually CC impose an enormous financial burden on society, and some workers are exposed to dangerous chemicals because of corporations not following safety laws CC controlled by a variety of agencies May be prospective, when control is exercised before deviant acts occurred Processual, as in inspection thats continuous
Retrospective, when a lawsuit is brought
or damages after deviance has occurred Generally, penalties imposed on corporations are lenient in compared with the penalties of ordinary offenders. Few members of corporate management ever go to prison, even if convicted, and if they do, its usually for a short amount of time. White collar crime Social Control of Dissent o Universal and pervasive government activity o Example: In Islamic countries, fundamentalists regularly ban books o One way of controlling dissent is through the various selection processes used to place people in desirable social positions (i.e. government influencing budgets and examinations reduce total # of people going to college squash student moment and population of unemployed graduates) o Manipulation of the structure of material benefits (i.e. welfare programs as a social control mechanism) o Coercive social-control apparatus to deal with crime, enforce the law, etc. (i.e. CIA screening letters, illegal break-ins; FBI; IRS, which can seize the assets of any taxpayer suspected of contemplating flight, became an instrument for social control, making its own judgments about what political views and cultural preferences were acceptable) o Army intelligence and NSA o Ex of social control: state legislation committee spied on 20,000 Californians, document their social lives Administrative Law and Social Control o Law isnt just criminal and civil law, theres law that deals with everything o Licensing Requiring and granting licenses to perform certain activities is a classic control device (license for several different occupations, i.e. pilot, Hawaii licenses tattoo artists, in DE, bowling-alley operators) Control exerted through the revocation or suspense of a license, too o Inspection
Inspection is a way of monitoring ongoing
activities. Inspections determine whether cars can move, planes can fly, etc. U.S. FDA finds botulism in soup Primary tool of administration supervision and control o Threat of Publicity Can have significant effect on changing behavior, especially in small communities Power not confined to public officials 1970s federal air-pollution legislation, told the public which car manufacturers complied with the standards set by the government, government informing the public of impure food Firms that have a monopoly on their products are not likely to be hurt by adverse publicity
Vago Chapter 7
Reciprocity between Law and Social Change
o Controversial o One view states that law is determined by the sense of justice and the moral sentiments of the populations, and legislation can achieve results only by staying relatively close to prevailing social norms (Social norms law) o Second view: Law, and especially legislation, is a vehicle through which a programmed social evolution can be brough about (Lawsocial change) o In big, urbanized societies like the US, law plays a big part in social change and vice versa. For example, as a result of technological change, the relation of personal property owners to other individuals has become more personal and frequently more likely to lead to injury. As a result, there have been alterations in the legal definition of fault, which in turn has changed the American insurance system. o Its a reciprocal relationship Social Changes As Causes of Legal Changes (Social Change Law) o Big example is technology Technology moves so quickly we cant keep up with it
Automobile is an example of an intense
amount of new law: traffic rules, drunk driving, etc. Brazilian Senate allowing consensual divorces to be filed and resolved on the Internet New devices in crime detection (DNA use) and their admissibility in court Cybercrime Space law (space tourism?!) o Change in law may be induced by a gradual shift in community values and attitudes People thinking poverty is bad and laws should be created to reduce it in some way o Alterations in social conditions, technology, knowledge, values, and attitudes may induce social change o Law is reactive and follows social change But depending on the situation/how you look at it, can be considered reactive and proactive. Talk about proactive next. Law as an Instrument of Social Change (Law Social Change) o In the US, the law has been used as the principal mechanism for improving the political and social position of blacks o Eastern bloc countries used law as an instrument to transform society after WW2 from a bourgeois society to a socialist one o Law exerts an indirect influence on social change in general by influencing the possibilities of change in various social institutions o Social change through litigation is an American phenomenon California Supreme court destroyed the legal basis for the system of financing schools in the state o The Efficacy of Law as an Instrument of Social Change The extent to which the law can provide an effective impetus for social change varies according to the conditions present in a given situation (i.e. must emanate from a prestigious source) Other factors that affect the efficacy of law: amount of info available to the public, clear
legal regulations, and the responsiveness of
enforcement agencies (i.e. During Prohibition law enforcement werent too willing to enforce the rules so it didnt have as much of an effect)
Advantages of Law in Creating Social Change
o Attributed to the fact that law in society is seen as a legitimate, o Legitimate Authority Following Max Weber, there are 3 types of legitimate authority Traditional: bases its claims to legitimacy on an established belief in the sanctity of traditions and the legitimacy of the statues of those exercising authority Charismatic: bases its claim on the devotion to the specific and unusual sanctity, heroism, or character of an individual and the normative patterns that are revealed or ordained (i.e. Moses, Jesus) Rational-legal: bases its claims to legitimacy on a belief in the legality of normative rules and in the right of those elevated to authority o issue commands under such rules Acceptance of LA can minimize the possibility of cognitive dissonance. The law, consequently, not only represents accepted modes of behavior but also enforces and reinforces those accepted modes of behavior o The Binding Force of Law Because most people in society consider it to be so Can be seen as a compelling obligation, the law to command obedience Even when laws go against morality, theyre often obeyed (Holocaust) Another possibility: people might prefer order over disorder o Sanctions One of primary reasons that laws have binding force In primitive societies, take the form of cruel punishments or social ostracism In developed legal systems, can be punishment by fine or imprisonment, etc.
Positive policy making usually involves
negative sanctions as well as positive rewards (federal subsidies) Limitations of Law in Creating Social Change o Individuals with the control of ownership of material goods are generally favored by laws o Powerful tend to use the law to protect their position in society o Many times, those who are supposed to be coerced or oppressed by a system of laws dont realize it o Law as a Policy Instrument o Morality and Values If a laws enacted, it is probable that certain changes will follow, but the degree in which it proceeds is contingent on circumstances In general, when the law is used as instrument of social change, it needs support of society. Issues arise when laws try to deal with what may be called moral issues in society, like prohibiting adultery. Similarly, laws against homosexuality and prostitution have been relatively ineffective. Marijuana laws Resistance to Change o Social Factors Vested interests: people who fear loss of power, prestige, wealth, etc. may resist change. (Physicians opposing various forms of socialized medicine) Social Class: Rigid class patterns tend to hinder the acceptance of change (middle and upperclass tend to oppose govt intervention) Ideological resistance: good example is Catholic Church and abortion Organized opposition: organizations like the NRA o Psychological Factors Habit Motivation Ignorance Selective Perception Moral Development o Cultural Factors Fatalism:
Ethnocentrism: ppl who feel like theyre better
are more unreceptive to the ideas used by other groups Incompatibility Superstition o Economic Factors Limited economic resources constitute a barrier to changes that might otherwise be readily adopted When costs and benefits are widely distributed (like social security), there is minimal resistance to programs Although a particular change through the law may be desirable, limited economic resources often act as barriers to change such efforts (universal healthcare)