crime and deviance - social groups Flashcards

Question

Explain the marxist perspective on social class crime statistics

Answer 1

Marxists fully address the relationship between class and crime - the theory is based on explaining this They believe that crime is not confined to the WC, people from all different social classes commit crime, however, in a capitalist society, crime is successfully presented as a WC phenemon They seek to illuminate the reasons for this and at the same time, expose the nature and extent of crimes committed by the powerful.

Answer 2

According to HEIDENSOHN (1996) the most significant feature of recorded crime is that most crime appears to be committed by males. She believes that gender is the best indicator of criminality. There are striking gender differences in the patterns of recorded crime. Females appear to: (a) commit fewer crimes than males and when they do offend, (b) females tend to commit different kinds of crimes from males

Answer 3

4 out of 5 convicted offenders in England and Wales are male; By the age of 40, 9% of females had a criminal conviction compared to 32% of males; A higher proportion of female than male offenders are convicted of property offences (excluding burglary); A higher proportion of male than female offenders are convicted of violence or sexual offences; Males are more likely to be repeat offenders, to have longer criminal careers and to commit more serious offences. For example, men are about 15 times more likely to be convicted of murder.

Answer 4

1. Do females really commit fewer crimes or do the figures underestimate and provide an invalid picture of crime? 2. If females do commit fewer crimes why are they more conforming than males? 3. How can we explain why those females who do offend commit crimes? 4. Why do males commit more crimes than females?

Answer 5

Traditionally male-dominated criminology neglected female criminality, both because females were seen as being less criminal and because their behaviour was seen as less in need of controlling. However over the last couple of decades feminists have focused their attention on the patterns and causes of female criminality. Furthermore, more recently sociologists have also turned their attention to the causes of male criminality, in particular there has been considerable interest in the relationship between masculinity and crime.

Answer 6

The CHIVALRY THESIS supports the view that the statistics underestimate the amount of female offending as a result of greater leniency within the criminal justice system (CJS).

Answer 7

POLLACK (1950) argued that the official statistics on gender and crime are highly misleading and seriously underestimate the extent of female criminality. He argued that the police, magistrates and other law enforcement officials tend to be male – brought up to be chivalrous, they are usually more protective and thus more lenient with female offenders and therefore as a consequence, fewer females appear in the statistics. This in turn gives an invalid picture that exaggerates the extent of gender differences in the rates of offending.

Answer 8

Evidence to support the chivalry thesis: Court statistics provide some support for the chivalry thesis. For example, females are more likely than males to be released on bail rather than remanded in custody; they are more likely to receive a fine or a community sentence and less likely to be sent to prison and when they are their sentences tend to be shorter. FLOOD-PAGE et al (2000) found that, while 1 in 11 female self-reported offenders had been cautioned or prosecuted, the figure for males was over 1 in 7. REINER (1992) also supports the ‘chivalry thesis.’ He claims that the reaction of the police is critical in determining whether female offenders are defined and labelled as criminal. He states that police work and police culture strongly emphasises masculinity which leads them to be more lenient towards females due to chivalry. As a result, cautioning is much more widely used for female than male offenders. Furthermore, according to the Ministry of Justice (2009), 49% of females recorded as offending received a caution in 2007, whereas for males the figure was only 30%. Similarly, HOOD’s (1992) study of over 3000 defendants found that women were about one-third less likely to be jailed in similar cases.

Answer 9

Evidence against the chivalry thesis: However, there is considerable evidence against the chivalry thesis. FARRINGTON and MORRIS’ (1983) study of sentencing of 408 offences of theft in a magistrates’ court found that women were not sentenced more leniently for comparable offences. Additionally, BOX‘s (1981) review of British and American self-report studies concludes that women who commit serious offences are not treated more favourably than men. He argues that the lower rate of prosecutions of females may reflect the reality that the crimes they engage in are often less serious and less likely to go to trial. Female offenders are also more likely to show remorse and this may help explain why they are more likely to receive a caution instead of going to court. Furthermore, drawing on evidence form self-report studies, HALES et al (2009) found that males were significantly more likely to have been offenders in all major categories. Additionally the chivalry theses ignores the fact that many male crimes go unreported. For example in 2012, only 8% of females who had been the victims of serious sexual assault reported it to the police and YEARNSHIRE (1997) found that a woman typically suffers 35 assaults before reporting domestic violence. Crimes of the powerful are also under-represented in the official statistics and these are more likely to be committed by men

Answer 10

many feminist sociologists and criminologists point out that in many cases women are treated more harshly by the CJS than men – it is biased against rather than in favour of them. HEIDENSOHN (1996) argues that the courts in particular, treat females more harshly than males when they deviate from gender norms. For example: (a) Double standards – courts punish girls but not boys for premature or promiscuous sexual activity: SHARPE (2009) found from her analysis of 55 youth workers records, that 7 out of 11 girls were referred for support because they were sexually active, but none out of 44 boys. ‘Wayward’ girls can end up in care without ever having committed an offence. (b) Women who do not conform to accepted standards of monogamous heterosexuality and motherhood are punished more harshly: According to HEIDENSOHN the CJS is influenced by attitudes to gender in society as a whole. They are based on dual and confused assumptions about women, which see women as a ‘virgin or whore, witch or wife, Madonna or Magdalene.’ This is known as the virgin/whore dichotomy.

Answer 11

(a) Double standards – courts punish girls but not boys for premature or promiscuous sexual activity: SHARPE (2009) found from her analysis of 55 youth workers records, that 7 out of 11 girls were referred for support because they were sexually active, but none out of 44 boys. ‘Wayward’ girls can end up in care without ever having committed an offence.

Answer 12

Women who do not conform to accepted standards of monogamous heterosexuality and motherhood are punished more harshly: According to HEIDENSOHN the CJS is influenced by attitudes to gender in society as a whole. They are based on dual and confused assumptions about women, which see women as a ‘virgin or whore, witch or wife, Madonna or Magdalene.’ This is known as the virgin/whore dichotomy.

Answer 13

Supporting this, STEWART (2006) found that magistrates’ perceptions of female defendants’ characters were based on stereotypical gender roles. CARLEN (1997) put forward a similar view in relation to custodial sentences. She argues that when women are imprisoned, it is less for the ‘seriousness of their crimes and more according to the court’s assessment of them as wives, mothers and daughters’. She found that Scottish judges were much more likely to jail women whose children were in care than women they saw as ‘good’ mothers.

Answer 14

Feminists argue that these double standards exist because the CJS is patriarchal. Nowhere is this more evident than in the way the CJS deals with rape cases where male offenders are sometimes treated more sympathetically than their female victims. SMART (1989) argues that rape trials frequently celebrate notions of male sexual need justifying such crimes by reference to masculinity and a critique of inappropriate female behaviour. There are too many cases of male judges making sexist, victim-blaming remarks, a few she quotes are included below: * ‘It is well known that women in particular and small boys are likely to be untruthful and invent stories’ (Sutcliffe 1976) * ‘Women who say no do not always mean no. It is not just a question of how she says it, how she shows and makes it clear. If she doesn’t want it she only has to keep her legs shut’ (Wild 1982) * ‘It is the height of imprudence for any girl to hitch-hike at night. That is plain, it isn’t really worth stating. She is in the true sense asking for it’ (Richards 1982)

Answer 15

WALKLATE (1995) believes that in effect, it is the female victim rather than the male defendant who ends up on trial. Women have to establish their respectability if their evidence is to be believed. She agrees with SMART that rape trials continue to see things from a male point of view, which accepts that men become unable to restrain their sexual desires once women give them any indication they might be available for sex. ADLER (1987) argued that women who are deemed to lack respectability, find it difficult to have their testimony believed by the court.

Answer 16

ALLEN (1987): Allen reviewed explanations for female criminality and concluded that invariably mental health explanations dominate. She states that crimes committed by females are often interpreted as a symptom of emotional or psychological crisis. Male crimes are explained in terms of greed or aggression – a rational response to a particular situation, whereas female crimes are perceived as being much more difficult to understand – as females are viewed as inherently less deviant or criminal than males. As a consequence of this assumption, when females commit crime there is often a search for underlying reasons (PMT, hormonal imbalances etc.) reflecting the idea that ‘normal’ women conform and ‘abnormal’ women do not. Consequently courts are more likely to order reports on female offenders in the search for ‘underlying psychological problems’. There is therefore a real difficulty in viewing female crime as a rational response and explanations tend to reinforce sexist ideologies of women as irrational, emotional and hysterical. What can be interpreted as evidence of chivalry and leniency by the courts could also be seen as disadvantaging women and reinforcing traditional and sexist notions of femininity and masculinity.

Answer 17

The first explanations of gender differences in crime were biological rather than sociological. For example, LOMBROSO and FERRERO (1893) argued that criminality is innate, but that there were very few ‘born female criminals’. Some more recent psychological explanations have also argued that biological factors such as higher levels of testosterone in males can account for gender differences in violent offending. However, sociologists take the view that social rather than biological factors are the cause of gender differences in offending.

Answer 18

Traditionally male dominated criminology neglected female criminality because females were seen as more conforming and less prone to criminal activities, however more recently sociologists have focused on the patterns and causes of female criminality.

Answer 19

Three main explanations of gender differences have been developed by sociologists: 1. Functionalist sex role theory, 2. Control Theory and the 3. Liberation Thesis.

Answer 20

Early sociological explanations of gender differences in crime focused on differences in the socialisation of males and females. For example, boys are encouraged to be tough, aggressive and risk taking, and this can mean they are more disposed to commit acts of violence or take advantage of criminal opportunities. PARSONS (1955) links gender differences in crime to gender roles in the conventional nuclear family. Because men have much less of a socialising role than women in the conventional nuclear family, socialisation can be more difficult for boys. Girls are provided with an adult role model in the home in terms of their mother who takes on the expressive role, but boys seek to distance themselves from such models by engaging in ‘compensatory compulsory masculinity’ through aggression and anti-social behaviour, which can slip over into delinquency. According to COHEN (1955), this relative lack of an adult male role model means boys are more likely to turn to all-male street gangs as a source of their masculine identity. Similarly, New Right theorists argue that the absence of a male role model in matrifocal lone parent families leads to boys turning to criminal street gangs as a source of status and identity.

Answer 21

However, WALKLATE (2003) argues that although sex role theory attempts to explain gender differences in crime in terms of behaviour learned through socialisation, it is ultimately based on biological assumptions about gender differences in behaviour. OAKLEY (1981) denies a biological link, but argues that male socialisation encourages assertiveness, aggression and independence, whereas female socialisation encourages nurturing, passivity and dependence. The misbehaviour of females is often corrected by references to femininity, whereas in contrast the boundaries between masculinity and criminality are often blurred, with the latter often understood as an expression of the former. More recently feminists have located their explanations in the patriarchal nature of society and women’s subordinate position in it.

Answer 22

HEIDENSOHN (1996) argues that the most striking thing about women’s behaviour is how conformist it is – they commit fewer and less serious crimes than men. Basing her explanation on Control Theory she argues that as a result of gender socialisation and ideology, patriarchal societies control females more successfully than they control males – reducing their opportunities to offend – they are constrained by the roles they are expected to play in society. This control is exercised at home, in public and at work.

Answer 23

Control at home - Women’s domestic role imposes severe restrictions on their time and movement and confines them to the house for long periods, reducing their opportunities to offend. Many men exercise control through their financial power and this can restrict their time outside of the home. Daughters too are subject to patriarchal control and as a result develop a ‘bedroom culture’ socialising at home with friends rather than in public spaces. This coupled with the fact that they are often required to do more housework than boys means they have less opportunity to engage in deviant behaviour on the streets.

Answer 24

Control in Public - Women are controlled in public places by the threat or fear of male violence, especially sexual violence (the Islington Crime Survey found that 54% of women avoided going out after dark for fear of being a victim of crime, compared to only 14% of men) and by their fear of being defined as not respectable. Dress, make-up, demeanour and ways of speaking and acting that are defined as inappropriate can gain a female a ‘reputation’. Similarly, LEES (1993) notes that in school, boys maintain control through sexualised verbal abuse, for example labelling girls as ‘slags’ if they fail to conform to gender role expectations

Answer 25

Control at work - Women’s behaviour at work is controlled by male supervisors and managers. Sexual harassment is widespread and helps to keep women ‘in their place’. Furthermore, their subordinate position reduces their opportunities to participate in major criminal activity at work. For example, the ‘glass ceiling’ prevents many women from rising to senior positions where there is a greater opportunity to commit fraud – as a result they are less likely to commit white collar crime.

Answer 26

In general, patriarchal restrictions on women’s lives mean they have fewer opportunities for crime. However, HEIDENSOHN recognises that patriarchy can also push some women into crime. For example, women who are poor may turn to theft or prostitution to gain a decent standard of living. This theme is explored by CARLEN.

Answer 27

Using unstructured taped interviews she conducted a study of 39 15-46 year old working class women who had been convicted of a range of crimes including theft, handling stolen goods, burglary, drugs, prostitution, violence and arson. 20 were in prison or youth custody at the time of the research. Although she realises that middle class women commit crime, she argues that most convicted serious criminals are working class. CARLEN uses Control Theory to explain female crime and argues that working class women are generally led to conform through the promise of two types of rewards or deals: (a) the class deal: women who work hard will be rewarded with a good standard of living or (b) the gender deal: patriarchal ideology promises material and emotional rewards from family life by conforming to the norms of the conventional domestic gender role. If these rewards are not available or worth the effort, crime becomes more likely. CARLEN argues that this was the case with the women in her study.

Answer 28

In terms of (a) the class deal: the women had failed to find a legitimate way of earning a decent living and this left them feeling powerless, oppressed and the victims of injustice. 32 had always been in poverty, had few qualifications and little work after prison and therefore did not gain anything from the class deal. They felt they had nothing to lose by using crime to escape from poverty. In terms of (b) the gender deal: most of the women had either not had the opportunity to make the deal or saw few rewards and many disadvantages in family life. Some had been abused by their fathers or partners, over half had spent time in care which broke their family ties and many had been homeless. Many of the women reached the conclusion that ‘crime was the only route to a decent standard of living. They had nothing to lose and everything to gain.’

Answer 29

She concluded that for these women, poverty and being brought up in care or an oppressive family life were the two main causes of their criminality. Drug and alcohol addiction and the desire for excitement were contributory factors, but these often stemmed from poverty or being brought up in care. Being criminalised and imprisoned made the class deal even less available to them and crime more attractive. Reflecting on Control Theory, JONES (1980) analysed a number of murders and found that males tend to murder strangers or friends whereas females are likely to murder their husbands or partners. When females murder, they do so in their own home, in the domestic sphere – using kitchen implements!

Answer 30

Control theory and feminism have been criticised for seeing women’s behaviour as determined by external forces such as patriarchal controls or class and gender deals. Critics argues that this underplays the importance of free will and choice in offending. Furthermore, CARLEN is criticised for her small and unrepresentative sample.

Answer 31

According to ADLER (1975) if patriarchal society exercises control over women to prevent them from deviating, then it would seem logical to assume that, if society becomes less patriarchal and more equal, women’s crime rates will become similar to men's. This is the ‘liberation thesis’ which is based on the notion that as women become more liberated, their crimes will become as frequent and as serious as men’s. That women’s liberation has led to a new type of female criminal and an increase in women’s contribution to crime. Based on a review of criminal statistics from a number of countries, ADLER observes increasing female involvement in crimes: ‘the female criminal knows too much to pretend or return to her former role as a second-rate criminal confined to ‘feminine’ crimes such as shoplifting and prostitution and is increasingly participating in robbery, mugging, violence and murder.’ Because of women’s greater opportunities in the legitimate structure, they also have more opportunities to commit serious white-collar crimes.

Answer 32

There is evidence to support this view: the overall rate of female offending and the female share of offences rose in the second half of the (20th; the pattern of female crime has shifted into more traditional ‘male’ crimes; more ‘girl gangs’ have emerged where girls are adopting more ‘male’ stances such as wanting to look ‘hard’. However, LAIDLER and HUNT (2001) found that female gang members in America were expected to conform to conventional gender roles in the same way as non-deviant girls. Also in the US, CHESNEY-LIND (1997) found that poor and marginalised women are more likely than liberated women to be criminals and whilst they found some evidence of women branching into more typically male offences such as drugs – this was usually linked to prostitution, a very ‘unliberated’ female offence. Responding to Adler’s ‘liberation thesis’ as a way of explaining female criminality, BOX and HALE (1983) used a range of variables to measure women’s liberation (decline in birth rate, increases in the number of single women and increased participation in HE) and found no statistical relationship between crime and liberation. However, they did find a relationship between increasing numbers of female police officers and the recording of violent crime by women. They suggest that the theory of female liberation increasing female criminality has sensitised the authorities to the problem and has resulted in female crime being more likely to be recorded. They also found that most female offenders who committed serious crimes tended to come from lower class backgrounds – females who had been least touched by liberation and emancipation. Therefore, BOX and HALE concluded that it was possible that unemployment and economic marginalisation among women had increased their participation in crime.

Answer 33

FEMALES AND VIOLENT CRIME One trend in the official statistics that supports ADLER’s liberation thesis is the increase in the female arrest rate and conviction statistics for violent crime. According to HAND and DODD (2009) police statistics show the number of females arrested for violence rose by an average of 17% each year between 2000 and 2008.

Answer 34

THE CRIMINALISATION OF FEMALES: However, evidence from other sources paints a different picture of the relationship between females and violent crime. STEFFENSMEIER and SCHWARTZ (2009) argue that in reality there has been no change in women’s involvement in violent crime and claim that the rise in arrests is due to the criminal justice system ‘widening the net’ – arresting and prosecuting females for far less serious forms of violence than previously. According to SHARPE and GELSTHORPE (2009) there is a growing trend towards prosecuting females for low-level physical altercations where most convictions are for minor offences not involving weapons. This trend is an example of what YOUNG (2011) calls ‘defining deviance up’ to catch trivial offences in the net. WORRALL (2004) argues that in the past, girls’ misbehaviour was more likely to be seen as a ‘welfare’ issue, whereas now it has been re-labelled as criminality.

Answer 35

A MORAL PANIC ABOUT GIRLS: If female participation in violent crime is not in fact increasing, how do we account for the increase in the criminalisation of females for this kind of crime? One view is that it is a social construction resulting from a moral panic over young women’s behaviour. For example, BURMAN and BATCHELOR (2009) point to an increase in media reports featuring binge drinking, girl gangs etc. and SHARPE (2009) found that professionals such as judges, probation officers and police were influenced by such media stereotypes of violent ‘ladettes’. The overall effect is a self-fulfilling prophecy and an amplification spiral: reports of girls’ misbehaviour sensitise police and courts, who take a tougher stance, resulting in more convictions, which produces further negative media coverage and so on.

Answer 36

The Crime Survey for England and Wales (2012) shows gender differences in the level and types of victimisation and in the relationship between victims and offenders: About 70% of murder victims are male. Female victims are more likely to know their killer and in 60% of these cases, this was a partner or ex-partner. Fewer women than men are victims of violence generally (2% compared to 4%), but more women are victims of intimate violence: domestic abuse, sexual assault and stalking (31% compared to 18%). Ten times more women than men reported having been sexually assaulted than men. Only 8% of females who had experiences serious sexual assault reported it to the police. Research shows that women have a greater fear of crime, but the CSEW shows they are less at risk of victimisation.

Answer 37

However critics of victimisation studies such as the CSEW, point out: women are more likely to refuse to be interviewed, more likely to be victims of multiple incidents and they experience more severe violence and control – which may not be reflected in victimisation surveys

Answer 38

Why do men commit crime? Until recently, criminologists had not specifically focused on what it was about being male that directs men to commit crimes. Turning their attention to this issue, sociologists influenced by feminist and postmodernist ideas, have focused their interest and analysis on the concept of masculinity as being the reason behind men’s higher rate of criminality. Masculinity and crime - Messerschmidt Postmodernity, masculinity and crime - Winlow

Answer 39

Messerschmidt (1993) explains how masculinity is a social construct or ‘accomplishment’ and men have to constantly work at constructing and presenting it to others. He argues that there are different masculinities available which exist in different societies and communities, often a reflection of class, ethnicity, sexuality, locality etc. He identifies two types of masculinities: hegemonic masculinity and subordinate masculinities.

Answer 40

He identifies hegemonic masculinity as the most dominant and prestigious. This is the expression of masculinity that most men wish to achieve, however some men may find it easier than others as they have more resources to draw upon. He states that this type of masculinity is defined through ‘work in the paid labour market, the subordination of women, heterosexism (difference from and desire for women) and the driven and uncontrollable sexuality of men.’

Answer 41

On the other hand, some men have subordinated masculinities. This form of masculinity involves men having no desire or wish to achieve hegemonic masculinity. According to Messerschmidt these men may be gay and/or lower class and some ethnic minority men who lack the resources to gain a hegemonic masculinity. He states that crime and deviance are acts used by some men to accomplish certain masculinities, usually when other resources to achieve masculinity are unavailable. An example of this is how different groups of males turn to different types of crime in an attempt to be masculine and convey their masculinity in different ways.

Answer 42

White middle class youths: often feel like they have to accept an inferior and subordinate status to teachers in order to maintain/achieve middle class status. This in turn leads to a form of masculinity called accommodating masculinity. However, such youths’ behaviour and masculinity takes an oppositional form outside of the school environment, through drinking, pranks and vandalism. White working class youths: less likely to achieve hegemonic masculinity that their masculinity is oppositional inside and outside of the school because they have less chance of achieving educational success. They often find school itself as emasculating and therefore their form masculinity attempts to overcome this; it is based around sexism, acting tough and rebelling against teachers and opposing their authority. Black lower working class youths: may use violence and gang membership to assert their alliance and express their masculinity. They may also have few expectations of a reasonable job. In extremes, individuals may turn to serious crimes to gain material possessions and/or success.

Answer 43

As well as explaining the different ‘types’ of youths committing crime, Messerschmidt recognises that middle class men also commit crime. He explains how different classes are identified as committing different forms of crime. Middle class men are more likely to commit white collar crimes which allow them to obtain hegemonic masculinity e.g. fraud, while the lower classes are more likely to be using crimes such as street crimes to achieve subordinated masculinity.

Answer 44

- The main criticism made about Messerscmidt’s work is that he fails to explain why all men do not use crime to accomplish masculinity. - Also, critics argue that he overworks the concept of masculinity to explain almost all male dominated crimes. Not all crimes are an expression of masculinity. - Is masculinity an explanation of male crime or just a description of male offenders (tough, controlling etc)? He is in danger of a circular argument, that masculinity explains male crimes e.g. violence, because they are crimes committed by males (who have violent characteristics). - Jefferson (1997) a brave attempt but an over-deterministic view of men – assumes men form particular groups and assert their masculinity in the same way - stereotypical and negative

Answer 45

Postmodernists reflect on changes in society, particularly in the labour market and discuss the implications of these for definitions of masculinity. A loss of traditional manual jobs in which men were able to express their masculinity by engaging in hard, physical labour is seen as a consequence of the shift from a modern industrial to a late modern or postmodern de-industrialised society. In addition to this postmodernists point out that there has been an expansion of service sector occupations which have provided young working class males with rewarding criminal opportunities and a way of expressing their masculinity e.g. bars, clubs, gyms etc.

Answer 46

Reflecting this, Winlow (2001) conducted a study of bouncers in Sunderland, an area of de-industrialisation and high unemployment. He found that working as bouncers in pubs and clubs gave young men both paid work and the opportunity for illegal business ventures in drugs, duty-free tobacco and alcohol trading and protection rackets – as well as providing the opportunity to display their masculinity through the use of violent behaviours. He identifies a distinction between conflict and criminal subcultures arguing that Sunderland has traditionally had violent, conflict subcultures, where ‘hard men’ earned status through the ability to use violence.

Answer 47

He found that under new postmodern conditions new illegal business opportunities were found in the ‘night-time economy’ which led to more organised professional criminal subcultures. In this subculture, the ability to use violence becomes not just a way of displaying masculinity, but a commodity with which to earn a living. Winlow found that body capital became essential to men to establish and maintain their reputation and employability and this is reflected in for example, bodybuilding – where men can develop their physical assets. Men believed that ‘looking the part’ would discourage other men from challenging them. Not only did men feel they needed to be violent and win fights but they also felt a need to preserve the sign value of their bodies. This demonstrates how signs of masculinity take on a reality of their own, independent of the thing they supposedly represent in postmodern society. This study is seen as important as it demonstrates that with the move from modern industrial to a postmodern de-industrialised society, expressions of masculinity change. It illustrates how the use of violence to express masculinity has opened up new criminal opportunities for men through the process of the growth of an organised criminal subculture.

Answer 48

- The culture that he is describing is not new

Answer 49

The OS reveal significant ethnic differences in the likelihood of being involved in the criminal justice system (CJS). White people are under-represented and black people and to a lesser extent Asians, are over-represented at each stage of the CJS: Policing Stopping and searching Arrests and cautions Prosecution and trial Convictions and sentencing Pre-sentence reports Prison

Answer 50

Black people are seven times more likely than white people to be stopped and searched by the police, three and a half times more likely to be arrested and five times more likely to be in prison; Black people make up just 3% of the population, but 13.1% of the prison population. Asians make up 6.5% of the population, but 7.7% of the prison population; The average custodial sentence for white people is 15.9 months in comparison to 23.4 for black and 22.4 for Asian people.

Answer 51

PATTERNS OF CRIMINALITY: Black ethnic groups are over-represented in criminal statistics. For example, in 2004-5 they made up only 2.8% of the population but 13.5% of the prison population. Over the same period Asian ethnic groups were slightly over-represented in terms of the prison population (5.4% of those in prison as opposed to 4.7% of the population); 7.4% of those appearing in Crown Court were of Asian origin. White ethnic groups were under-represented in terms of population ratio amongst those who were cautioned, arrested or imprisoned.

Answer 52

PATTERNS OF CRIMINALITY: Black ethnic groups are over-represented in criminal statistics. For example, in 2004-5 they made up only 2.8% of the population but 13.5% of the prison population. Over the same period Asian ethnic groups were slightly over-represented in terms of the prison population (5.4% of those in prison as opposed to 4.7% of the population); 7.4% of those appearing in Crown Court were of Asian origin. White ethnic groups were under-represented in terms of population ratio amongst those who were cautioned, arrested or imprisoned.

Answer 53

STUDIES OF BRITISH ASIAN CRIME: BOWLING and PHILLIPS (2002) review a number of ethnographic studies of crime among British Asians. Early studies linked a low crime rate among Asians with strong families and communities. For example, MAWBY and BATTA (1980) found that most Asians in Bradford were relatively poor and living in inner-city areas. However, the study found that they committed few crimes because of the emphasis on family honour or izzat which encouraged conformism. They were afraid of dishonouring the family name. More recent research by DESAI (1999) found that young Asian men were taking a more aggressive stance in combating racist attacks. Some Bangladeshi boys were making a self-conscious attempt to counteract the image of themselves as weak and passive. ALEXANDER (2000) argues that the media image of a growing problem of Asian gangs is something of a myth. Although there was some violence in the area of south London covered by her study, it was greatly exaggerated by the media.

Answer 54

There are significant ethnic differences at each stage of the criminal justice system (CJS). Black people in particular are over-represented. In contrast, white people are under-represented at all stages of the CJS. How can we explain this? Trends such as this tell us about involvement in the CJS, but not whether members of ethnic groups are more likely to commit criminal offences. Sociologists hoping to understand the social distribution of criminality want to understand the nature of the relationship between ethnicity and crime.

Answer 55

POLICING: BOWLING and PHILIPS (2012) note that since the 1970s there have been allegations of oppressive policing of ethnic minority groups including; mass stop and search operations, paramilitary tactics, excessive surveillance, armed raids, police violence and deaths in custody and a failure to respond effectively to racist violence

Answer 56

STOPS AND SEARCHES: Police can use their power to stop and search individuals if they have ‘reasonable suspicion’ of wrongdoing. However, the Terrorism Act 2000 allows the police to stop and search persons or vehicles whether or not they were suspicious. Statistics show that Asians are more likely to be stopped and searched than other people under the Terrorism Act. Black ethnic groups were seven times more likely to be stopped and searched than the average for the population as a whole. HOYLE (2015) notes that the chances of being involved in a Taser incident also varies with ethnicity. During 2010-14, police deployed Tasers 38,000 times. For Asians, the chance of involvement was 3 in 10,000, for whites 6 in 10,000 and for blacks it was 18 in 10,000.

Answer 57

Police racism: The Macpherson Inquiry (1999) into the racist murder of the black teenager Stephen Lawrence concluded that there was institutional racism in the Metropolitan Police. BOWLING and PHILIPS (2012) have found evidence of deeply ingrained racist attitudes among individual officers which was reflected in statistics such as those on stop and search. Such stereotypes are endorsed and upheld by the ‘canteen culture’ of rank and file officers. Although only a small proportion of stop and searches result in arrest, it is unsurprising that members of such communities are more likely to think they are ‘over-policed and under-protected’ and to have limited faith in the police.

Answer 58

Ethnic differences in offending: The disproportionality in stop and searches reflects ethnic differences in offending. Low discretion stops is where the police act on relevant information about a specific offence, e.g. a victim’s description of the offender. However, it is with high discretion stops that the police act without specific intelligence where they are more likely to be stereotypical

Answer 59

. Demographic factors: An alternative explanation is provided by WADDINGTON et al (2004), published in the British Journal of Criminology. They agree that the police do stop a proportionately higher number of ethnic minorities compared to whites, but do not agree that this is due to racism. They claim that ethnic minorities are over-represented in demographic groups more likely to be stopped and searched – young, unemployed, urban males. Reflecting this WADDINGTON et al argue that there are simply more young men from ethnic minorities out at night in urban areas and that the police will target anyone in high crime areas. Therefore, if these people are disproportionately black or Asian, they are targeted not because of their ethnicity but simply because of their presence in an area where stops and searches are more likely to take place.

Answer 60

ARRESTS AND CAUTIONS: Figures for England and Wales show that in 2014/15 the arrest rate for blacks was three times the rates for whites and once arrested, blacks and Asians were less likely to receive a caution. One reason for this could be that members of minority ethnic groups are more likely to deny the offence and to exercise their right to legal advice (possibly out of mistrust of the police), however in not admitting to the offence they cannot be let off with a caution and are more likely to be charged.

Answer 61

PROSECUTION AND TRIAL: The Crown Prosecution Service (CPS) decides whether a case brought by the police should be prosecuted in court. They decide whether there is a realistic prospect of conviction and whether prosecution is in the public interest. Studies suggest that the CPS is more likely to drop cases against ethnic minorities. BOWLING and PHILIPS (2002) suggest this may be because the evidence presented to the CPS by the police is weaker for ethnic minorities. When cases go ahead, members of ethnic groups are more likely to elect for trial before a jury in a Crown Court rather than a magistrates’ court, perhaps because of a magistrates’ impartiality. However, Crown Courts can impose more severe sentences if convicted.

Answer 62

CONVICTIONS AND SENTENCING: Black and Asian defendants are less likely to be found guilty. This suggests discrimination in that the police and CPS may be bringing weaker or less serious cases against ethnic minorities which are then thrown out of court. However, in 2006/7 custodial sentences were given to a greater proportion of black offenders (68%) than white (55%) or Asian offenders (59%). HOOD (1992) found that when other factors (such as seriousness of offence or defendants’ previous convictions) were taken into account, black men were 5% more likely than white men to be given a custodial sentence. They were also given sentences which were on average three months longer than those of whites who had committed equivalent offences. The discrepancy was even greater among Asian men. A Home Office study of 16 police areas (2006) found that black offenders were more likely than other offenders to be given a custodial sentence for drugs offences, as well as other crimes but were less likely than whites to be found guilty of offences in Crown Courts. Whites and Asians were more likely to receive community sentences.

Answer 63

PRE-SENTENCE REPORTS: One reason for harsher sentences relates to pre-sentence reports (PSRs) written by probation officers. It is intended as a risk assessment to assist magistrates in deciding on an appropriate sentence. HUDSON and BRAMHALL (2005) state that PSRs allow for ‘unwitting discrimination’. They found that reports on Asian men were more negative. They argue that claims of Asian men being less remorseful have to be set in the context of the demonising of Muslims since 9/11.

Answer 64

PRISON: In 2014, just over a quarter of the prison population were from minority ethnic groups with black men being five times more likely to be in prison than white men. Among British nationals, 5.5 per 1,000 black people were in prison compared with 1.6 per 1,000 Asians and 1.4 per 1,000 white people. Within the prison population all minority groups have a higher than average proportion of prisoners on remand (awaiting trial rather than actually convicted and serving a sentence) and therefore less likely to be granted bail while awaiting trial. (This reflects similar patterns in other countries, most notably the US where 2 out of 5 prisoners held in local prisons are black and 1 in 5 Hispanic).

Answer 65

People from black, Asian and minority ethnic backgrounds are more likely to be jailed for some crimes than those who are white, according to a government-commissioned report. While black people are known to be almost four times more likely to be in prison than white people, the study, headed by the Labour MP David Lammy, reveals racial disparities at many stages of arrest, charging, prosecution and imprisonment. For example, the report found that young black males are 10.5 times more likely than young white males to be arrested for robbery. In general, black men were more than three times more likely to be arrested than white men. The comparative figures raise concerns about equal treatment by police and the courts as well as challenging whether differential outcomes are due to causes outside the control of the justice system. The interim report notes that “black individuals account for about 3% of the total population of England and Wales yet make up about 9% of defendants prosecuted for indictable offences” at crown court. he report confirmed that BAME defendants are more likely than their white counterparts to be tried at crown court: for every 100 young white defendants opting to have a jury trial, 156 young black men choose to do the same. The report also found 152 BAME men pleaded not guilty at crown court for every 100 white men. Another of the inquiry’s panel members is Shaun Bailey, a Conservative London assembly member. Asked whether he thought there is bias in the justice system, he said: “The institutional figures would suggest that … If you had gone to the black community in the past they would have given this feeling. But these reports are backed up by statistics. “Because they have less trust in the system, black people think they should trust the public [ie the jury]. It shows they still have trust in the British public. [Outcomes in] the rest of the system would suggest there’s bias.” By opting for a jury trial, Bailey said, black people were trying to redress perceived prejudice.

Answer 66

Until the 1970s there was a general agreement that minority ethnic communities had a lower rate of offending than the white population. However, from the mid-1970s, increased conflict between the police and the African Caribbean community and higher rates for street crime meant that ‘black criminality’ increasingly came to be seen as a problem. By contrast, it was not until the 1990s that Asian crime began to be viewed as a problem, with media concerns about the growth of ‘Asian gangs’. The events of 2001 – widespread clashes between police and Asian youths in towns in northern England and 9/11 helped to crystallise the idea that Asians, and especially Muslims, were an ‘enemy within’ that threatened public order and safety. As we know, OS on the CJS show differences between ethnic groups. The question is therefore how to explain these patterns. There are two main explanations for ethnic differences in the statistics: Neo-Marxism: OS are a social construct resulting from racist labelling and discrimination in the CJS Left Realism: OS represent real differences in rates of offending

Answer 67

More recently, sociologists have offered other explanations, including: Neighbourhood: Fitzgerald et al (2003) examine the role of neighbourhood factors in explaining the greater involvement of black youths in street robbery. They found that rates were highest in very poor areas and where very deprived young people came into contact with more affluent groups. Young blacks were more likely to live in these areas and be poor. However white people affected by these factors were also more likely to commit street crimes – thus ethnicity as such was not a cause. Getting caught: Some groups are more likely to get caught. Sharpe and Budd (2005) found that black offenders were more likely than white offenders to have been arrested. Reasons included that they were more likely to commit crimes such as robbery, where victims can identify them and to have been excluded from school or to associate with known criminals – factors that raised the ‘visibility’ to the authorities.

Answer 68

According to OS there are some significant ethnic differences in the likelihood of being involved in all stages of the criminal justice system (CJS). In addition to OS we can draw upon two other sources of statistics that can provide insights into the link between ethnicity and criminality. These are victim surveys and self-report studies.

Answer 69

VICTIM SURVEYS: Victim surveys ask individuals to say what crimes they have been a victim of during the last 12 months. Information on ethnicity can be gained as respondents are asked the ethnicity of the person who committed the crime against them. In the case of mugging, black people are significantly over-represented as offenders by victims. Victim surveys also reveal that a great deal of crime is intra-ethnic (it takes place within rather than between ethnic groups). For example, according to the 2007 BCS (now the CSEW), in 90% of crimes where the victim was white, at least one of the offenders was also white. However, victim surveys have a variety of methodological limitations which impact on their representativeness: (a) they rely on victims’ memories (b) they only cover personal crimes, which make up only about a fifth of all crimes (c) they exclude the U16s (d) they exclude crimes by and against organisations

Answer 70

SELF-REPORTED CRIME: Self-report studies have been used to try and discover whether the rate of offending among ethnic minority groups is really higher than whites. They ask individuals to disclose their own dishonest and violent behaviour. Based on a sample of 2,500 people, GRAHAM and BOLWLING (1995) found that blacks (43%) and whites (44%) had very similar rates of offending, while Indians (30%), Pakistanis (28%) and Bangladeshis (13%) had much lower rates. Similarly, SHARP and BUDD (2005) note that the 2003 Offending, Crime and Justice Survey of 12,000 people found that whites and those of mixed ethnic origins were most likely to say they had committed an offence (approx 40%), followed by blacks (28%) and Asians (21%). Despite the methodological problems associated with this approach PHILLIPS and BOWLING (2002) found that surveys have produced similar results: that official crime statistics exaggerate the extent of offending among ethnic minority communities. However, like victimisation studies, self-report studies have their limitations too.

Answer 71

There is clear evidence that members of ethnic minorities are more likely to be victims of crimes than white people. All ethnic minorities are more likely to be victims of burglary and vehicle theft than whites, black and Indian ethnic groups are more likely to be robbed and blacks are far more likely to be assaulted or murdered. However, racist victimisation occurs when an individual is targeted because of their race, ethnicity or religion. Racist victimisation was illuminated with racist murder of the black teenager Stephen Lawrence in 1993 and the subsequent inquiry into the handling of the policy investigation.

Answer 72

Our knowledge of racist victimisation comes from two main sources: victim surveys such as the CSEW and the OS. These generally cover racist incidents: any incident that is perceived to be racist by the victim or another person and racially or religiously aggravated offences: (assault, wounding, criminal damage and harassment) where the offender is motivated by hostility towards members of a racial or religious group.

Answer 73

EXTENT AND RISK OF VICTIMISATION: * The police recorded 54,000 racist incidents in England and wales in 2014/15 (mostly damage to property or verbal harassment). * However, most incidents go unreported. The CSEW estimates there were around 89,000 racially motivated incidents in 2014/15. * The police also recorded 38,000 racially or religiously aggravated offences in 2014/15, mostly harassment. * The risk of being a victim of any sort of crime (not just racist crime) varies by ethnic group. The 2014/15 CSEW shows that people from mixed ethnic groups had a higher risk (27.9%) of becoming a victim of crime than did blacks (18%), Asians or whites (15.7%).

Answer 74

CLANCY et al (2001) argue that much of the difference in victimisation can be explained in terms of social and demographic factors such as higher rates of unemployment among ethnic minorities, the younger age structure of particular ethnic groups and the areas where ethnic minorities live. However, some of these factors (such as unemployment or location) are themselves partly the result of discrimination. SAMPSON and PHILLIPS (1992) note that racist victimisation tends to be ongoing over time, with repeated instances of abuse and harassment interwoven with periodic incidents of physical violence. Therefore, such crimes have a long-term psychological impact.

Answer 75

RESPONSES TO VICTIMSATION: Members of minority ethnic communities have often been active in responding to victimisation. This has to be understood in the context of accusations of under-protection by the police. Data from the CSEW indicates that there is increased fear among ethnic minorities which reflects their greater risk of victimisation. However, this is compounded by their lack of faith in the ability of the criminal justice system to deal with racially motivated crimes.

Answer 76

According to official statistics, crime is strongly associated with youth: - 25% of all recorded crime is committed by children aged 10-17 - 40% of all crime is committed by persons under the age of 21 Sociologists are therefore interested in exploring (a) why this is the case and (b) whether this is a valid representation of criminality

Answer 77

Subcultural theories used to dominant sociological explanations of the relationship between crime and youth. This was followed by a concern with youth cultures and constructed folk devils by Interactionists. Many contemporary views of crime have been strongly influenced by the idea that late modernity is increasingly consumerist and individualistic. A related view is the idea that crime is committed by a dysfunctional underclass. Some of these views are reflected in the American sociologist COLEMAN’S (1987) concept of social capital, which has come to be increasingly influential in recent years amongst some researchers and policy makers. Although published in 1987, these ideas have recently provided a strong focus for policy makers.

Answer 78

COLEMAN used the term social capital to refer to the relationships within a family, the networks of support and the structures of relationships between individuals and groups within a community. The presence of social capital can be indicated by: * Strong family relationships and low levels of single parent families * High levels of interaction between parents and children * Clear and firmly held sets of norms and values He argued that these factors are associated with very low rates of juvenile crime and the lack of social capital is correspondingly associated with high rates of juvenile crime. COLEMAN therefore concludes that youth crime is the result of low levels of social capital. NEWBURN (2002) argues that views based on this theory have been taken up by policy makers and politicians in power in the UK since 1997. A social capital approach to youth crime has helped to promote the idea that juvenile crime and delinquency is the result of disruptive families or dysfunctional families and poor parenting.

Answer 79

Social capital may seem to provide an analysis which fits well with the images of crime which we all see through the media and perhaps even in our own lives. However, sociologists have to be careful of generalising from their own experience and from the media whose information-gathering processes are based on the principle of ‘newsworthiness’. Accordingly, we can draw on a range of theories and concepts to critically evaluate COLEMAN’S theory. - The idea of social capital appears vague and hard to operationalise. It also seems likely to involve value-judgements on the part of the researcher. Single parent families, for example, can provide very secure environments for childrearing. - This leads to alternative suggestion that key association is the link between social class and juvenile crime. Poor parenting may also occur as much, perhaps in different ways, in middle class families and it may be that it is their social position which helps rule out the need or inclination for crime. - It is important to remember Marxist and Interactionist influenced approaches that highlight that criminal activity is not restricted to the lower social classes.

crime and deviance - social groups Flashcards

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