You are on page 1of 5

SOCIO 132  Crimes regarded as serious by

EXAM REVIEWER authorities


 Occur with sufficient frequency and
WHAT IS CRIME? regularity
 Serve as an indicator of the crime
CRIME situation
 A violation of a formally written or recognized criminal  In the PH:
code enacted by a political body  Murder
 Crime is a specific norm violation distinct from other none-  Homicide
criminal norm violation  Personal injury
o i.e. Violation of civil law, administrative and  Robbery
similar laws or codes; taboo with no equivalent  Theft
criminal punishment  Rape
 Punishment can be in the form of fines and similar
economic sanctions, deprivation of rights, banishment, CRIME IN THE PHILIPPINES
incarceration, or death  Penal Code of the Philippines
 Incarceration and other physical punishments, e.g. flogging, o Derived from Spanish Code of 1800s
lashes, are typically only reserved for crimes o “modern” code based on rational choice
philosophy
CRIME: BASIC TYPES IN CRIMINOLOGY
o Punishment based on severity of crime
 Mala in se, meaning bad in itself
o Graduated punishment, commensurate to offense
o Universally regarded as morally objectionable
 1930s Revised Penal Code
because it is harmful, destructive or cruel, e.g.
o American period. US adopted Spanish Code,
murder, rape, stealing, arson, etc.
 Mala prohibita, meaning bad because it has been prohibited introduced piecemeal revisions.
by a law  Contemporary Philippine Revised Penal Code
o Rather than directly harming a person or society, o Integrates generations of revisions
these offense violate a regulatory law, typically o E.g. RA 9165, RA 8049
deemed as less serious, e.g. gambling, smoking,
drug use RCT: COMMENSURATE, GRADUATED PUNISHMENT
(Revised Penal Code of the Philippines, c. 1930s)
CRIME AS A SOCIOLOGICAL CONCEPT  Reclusion perpetua: pardoned after thirty years, unless such
 Arising out of an agreed upon set of norms expressed person by reason of his conduct or someother serious cause
through a criminal code shall be considered by the Chief Executive as unworthy of
 Can be constructed as an indicator of social conditions pardon
o Functionalism: a symptom of a dysfunction,  Reclusion temporal: twelve years and one day to twenty
boundary testing mechanism years
o Conflict: often a creation of oppressive structures,  Prison mayor and temporary disqualification: six years and
one day to twelve years, except when the penalty of
a means of controlling population
disqualification is imposed as an accessory penalty, in
o Interactionism: arises in social interaction, label
which case its duration shall be that of the principal penalty
as such
 Prison coreccional, suspension, and destierro : six months
o Postmodernism: can be a form of resistance,
and one day to six years, except when suspension is
produced by or reproduces expressions of power imposed as an accessory penalty, in which case, its duration
and knowledge systems shall be that of the principal penalty
 Crime is juicy phenomenon to be demystified by sociology  Arresto mayor: one month and one day to six months
 Arresto menor: one day to thirty days
CLASSIFICATION/NAMING OF CRIMES
 Based on victim or target MEASURING CRIME
o Crimes against persons: murder, homicide,  Volume: number of incidents or volume per month or
personal injuries years; does not take into consideration the proportion in
o Crimes against property: theft, robbery, fraud relation to population
o Crimes against chastity  Crime rate: ratio of crimes in an area in relation to its
o Crimes against national security population
o Also homicide, parricide, rapto de una muje, o CR = crime volume/(population of area/100,000)
carnapping, kidnapping, child abuse, elderly  Unified Crime Reporting Program (UCRP) : crime volume,
abuse crime rate, crime trends (increase or decrease)
 Based on perpetrators’/offender’s background
o E.g. white collar crime, crimes of public officers QUANTITATIVE SOURCES OF CRIME DATA
 Based on manner of perpetration  Official crime records: reported to authorities or recorded
o E.g. murder, homicide, manslaughter in offices
 Based on outcome o Statistics, blotters, cases, population listing 
o E.g. Assault and battery, manslaughter barangay police courts, jails, prisons
 Based on social domains/location  Victimization surveys
o E.g. political crimes, occupational crimes, sex  Self-reported surveys
crimes, street crimes, domestic violence, etc.  Standardized international comparison: HEUNI Report
 Based on bureaucratic significance
o E.g. capital crimes, index crimes RESEARCHING DEVIANCE: METHODOLOGY, METHODS,
o Index crimes TECHNIQUES IN DATA COLLECTION AND ANALYSIS
 Levels of distance and involvement:
METHODOLOGY o Complete observer
 The application of logic to the research problem o Observer as participant
 Problematizing a subject matter and devising systematic, o Participant as observer
logical, viable, and defensible means to arrive at answers o Complete participant
 Epistemological approach
 Quantitative vs. Qualitative approaches, mixed methods ANALYSIS OF DOCUMENTS (TEXT)
 Reading the text as narrative
EMPHASIS ON SOCIAL RESEARCH  Critical discourse as analysis
 Study questions must be well-conceptualized  Distinct from content analysis (which is the quantitative
 Systematic means of identification of data source analysis of words)
 Methodical data collection process  Examples:
 Objective, bias-free, or normative position identified or o Archival data
transparent o Court records
 Participation in larger network of knowledge o Diaries
o Letters
QUANTITATIVE APPROACH
 Draws from the positivist tradition that regards phenomena
as absolute, real, measurable, can be explained (effects are PRISONS AND JAILS
caused), and predictable
 Measurement or quantification via numbers PURPOSES OF INCARCERATION
1. Incapacitation: preventing offenders from doing crime;
QUANTITATIVE RESEARCH METHODS: EXPERIMENTS public safety
 Effects of one variable to another, or of some to many 2. Deterrence: preventing others from committing crime
others through vicarious warning
 E.g. obedience to authority 3. Retribution: address the feelings of injustice by victims and
o Milgram’s experiment the public
4. Rehabilitation: reform the offender
o Stanford Prison Experiment
5. Restoration: like reform, reintegrate the offender into
society
SECONDARY DATA 6. Repopulation of a territory
 Analysis of statistical data 7. Deployment of prison labor
 Examples:
o Anthropometric data of criminal vs. non-criminal TOTAL INSTITUTIONS (Erving Goffman, Asylums: Essays on the
population Social Situation of Mental Patients and Other Inmates)
o Police records of index crimes  System with marked barrier between the system and the
 Index crimes: crimes that occur on a outside world; these demarcations have equivalent social
more regular basis and considered barriers
threatening
o Ensuring that measurements are valid and SHARED SPHERES OF LIFE
consistent  Sleep, play, work and other activities
o Conducted in the same place
SURVEYS o Carried out in the company of a large group
 Measures public opinion as well as experiences o Tightly scheduled
 Example: public opinion surveys of SWS and Pulse Asia o Tasks come together to serve a larger goal of the
institution
SELF-REPORT SURVEY
 Work incentives do not have the same significance on as
 Individuals report their having participated in a deviant
they do outside
behavior
 Potential incrimination of participants (research ethics)
STAFF-INMATE SPLIT
 Example: self-report delinquency survey
 Two different social and cultural worlds develop
 There is considerable social distance between the two
VICTIMIZATION SURVEY
groups
 Individuals answer questions about having been victims of
 E.g. custodians and inmates, guwardiya at preso, faculty
deviant behavior
and students; hierarchy
 Potential stigma to participants who were victims (research
ethics)
MORTIFICATION PROCESS [SELF]
 “Upon entrance, (an inmate) is immediately stripped of his
QUALITATIVE RESEARCH
wonted supports and his Self is systematically, if often
 Guided by the constructivist approach
unintentionally, mortified.”
 Descriptive, phenomenological, interactionist
 An inmate goes through a series of abasements,
 Interested in meaning-making and lived reality
degradations, humiliations, and profanations of self.
 Focus on unfolding interaction
 Radical shifts in one’s Moral Career
o “changes occur in the beliefs concerning the self
QUALITATIVE INTERVIEWS
 Aims to capture the subjective narrative and interpretation for the inmates and their significant others”
of individuals
PRIVILEGE SYSTEM
OBSERVATION AND PARTICIPANT OBSERVATION  House Rules: prescriptions on inmate conduct
 Understand the world-in-operation of subjects in a field site
 Rewards and Privileges: remunerative controls are held out  SOCIOLOGICAL THEORIES
in exchange for obedience to staff
 Punishments DIFFERENTIAL ASSOCIATION THEORY (EDWIN
o Given out as a result of rule-breaking SUTHERLAND)
o Usually more severe than would be given in the  Criminal behavior is learned
outside world  Criminal behavior is learned in interaction with other
persons in the process of communication.
TYPES OF TOTAL INSTITUTIONS FOR PERSONS  The principal part of learning criminal behavior occurs
 Thought to be incapable but harmless within intimate personal groups.
o Those with disabilities, nursing homes,  When criminal behavior is learned, the learning includes:
orphanages, and halfway houses for homeless o Techniques of committing the crime
 Thought to be incapable but pose unintended threat to the o The specific direction of motives, drives,
community rationalizations, and attitudes
o Sanitorium, mental hospitals, hospitals for  The specific direction of motives and drives is learned from
patients with contagious diseases definitions of the legal codes as favorable or unfavorable
 Thought to pose intentional dangers to community  A person becomes a delinquent because of an excess of
o Jails, prisons, prisoners of war camps, and definitions favorable to the violation of the law over
concentration camps definitions unfavorable to the violation of law
 Pursuing some technical task  Differential associations may vary in frequency, duration,
o Army barracks, military ships, boarding schools, priority, and intensity
work camps, colonial compounds, servants’  The process of learning criminal behavior by association
quarters, etc. with criminal and anti-criminal patterns involves all of the
 Training for the religious or those needing retreat mechanisms that are involved in any other learning
o Abbeys, monasteries, convents, cloisters  While criminal behavior is an expression of general needs
and values, it is not explained by those general needs and
ADAPTATION ALIGNMENTS/PROCESS values, since noncriminal behavior is an expression of the
 Situational withdrawal: withdrawal or disinvolvement same needs and values
 Rebellion: inmate challenges the institution by refusing to
cooperate THE CRIMINAL CAREER
 Colonization: replicating the outside world within the  The acquisition of criminal norms that lead to criminal acts
establishment; crafting a more bearable life inside and the individual view of the criminal behavior. It
 Conversion: taking the official or staff view of himself; involves:
accepting the role of the perfect inmate o Identification with the crime
o Commitment to crime as social role and
PILLARS OF CRIMINAL JUSITCE characteristic activity
 Law enforcement o Progression in crime through development of
 Investigation and prosecution increasingly complex criminal techniques and
 Courts (judiciary) sophisticated attitudes
 Corrections (penology and rehabilitation)
 Community SUBCULTURAL THEORY OF CRIME
 Lower class communities subscribe to a subculture that
THE BUREAU OF CORRECTIONS normalizes violence and norm-violation (Walter Miller)
 Agency under the Department of Justice, “mandate to carry  Focal concerns of the lower-class:
out institutional rehabilitation programs of the government o Trouble
for national offenders, those sentenced to more than three o Toughness
years, and to ensure their safe custody” o Street-smartness
 Facilities: o Excitement
o New Bilibid Prison, Muntinlupa City o Fate
o Correctional Institute for Women, Mandaluyong o Autonomy
City
o Iwahig Prison and Penal Farm, Puerto Princesa LOWER-CLASS DELIQUENT SUBCULTURE (Albert Cohen)
City  Mainstream values represented by the school are middle
o Davao Prison and Penal Farm, Panabo class values
o San Ramon Prison and Penal Farm, Zamboanga o Ambition
City o Deferred gratification
o Sablayan Prison and Penal Farm, Occidental o Respect for property
Mindoro o Nonviolence
o Leyte Regional Prison, Abuyog  Lower class youths experience frustration because they
have not been socialized to fulfill these standards
PERSPECTIVES/THEORIES IN UNDERSTANDING CRIME  As a reaction (reaction formation), they resist the values by
subscribing to alternative standards to gain status within
 BIOLOGICAL PERSPECTIVE their ranks
o Somatotyping: typing of bodies  Non-utilitarian delinquencies reflecting negativism,
 Mesomorph: violence hedonism, group autonomy
 Ectomorph: depression/suicide
 Endomorph: addiction SOCIAL BOND THEORY (Hirshi)
 PSYCHOLOGICAL PERSPECTIVE  Bond to conventional society and its groups deters crime
 RATIONAL CHOICE THEORY
o Conventional family, friends, schools, and similar  Anti-social behavior that violates moral, ethical, or legal
groups standards for the benefit of a corporate or government
o Integration vs. isolation entity; rooted in the corporate and governmental search for
o Conventional groups vs. delinquent groups profit and power (Simon 2007)
 Elements of social bond:
o Involvement CONTROL FRAUD
o Attachment  Situations in which top leaders (CEO, etc.) of an
o Commitment organization uses the organization as a tool or weapon for
personal gain (Black 2005)
o Belief
RED-COLLAR CRIME
DELINQUENCY AND DRIFT (David Matza)
 Committed when white-collar criminals become violent
 Youths do not necessarily commit to deviance or non-
toward their victims as they attempt to conceal their illegal
conformity
actions (Perri and Lichtenwald 2007; Brody and Kiehl
 They drift between criminal and delinquent action and
2010)
conventional behavior
 Assassinations, kidnappings, and harassment arising from
 Typically, offenders express guilt and remorse
business rivalry, botched business deals, and imminent
 Commits violations due to peer pressure or influence
discovery of illegal behavior by white-collar criminals
 Contingencies of learning, association, and bond with a
group that can define values
INDIVIDUAL VS. SOCIAL (ORGANIZATIONAL)
ENVIRONMENT
SOCIAL CLASS, SOCIAL STATUS, AND CRIME
 What sorts of individuals are predisposed to fraud?
o Reckless, risk-taking
 Social class is a category that defines an individual or
o Competitive
group’s position within society’s structure inequality
 Stratification in economic (wealth), cultural (prestige), or o Appetite for wealth/privilege
political (power) status o Independent mindedness/stubbornness
 Class often refers to economic standing o Narcissism
 Status often refers to sociocultural and political standing o Grandiosity (needs admiration, lacks empathy)
but also often used to refer to overall combined o Overconfidence
socioeconomic status (SES) o Moral apathy (amorality); lack of empathy
o In the Philippines, type of residence and (blames the victim)
occupation are often used as indicators of social o Calculating
class  INDIVIDUAL TRAITS
 Criminal behavior in relation to social class or o Personality  motivation  circumstances
socioeconomic status o Perceptions of unfair treatment/underappreciation
o Feelings of territorial ownership
WHITE-COLLAR CRIME o Entitlement
 “Crime committed by a person of respectability and high o Skilled sociability
social status in the course of his occupation” (Sutherland, o Lack of empathy or remorse
1939)
o Detachment from normal relationships
 Redefinition of criminality to include persons of status
 Departure from earlier stereotype and bias on lower class o Anti-social personality disorder
criminality o Ego/power – fraud as a source of power, esteem,
 Crime in the streets vs. crime in the suites domination
 Identifiable white-collar crimes: 4%  Victims as inferior, stupid, or “had it
o Malversation coming”
o Illegal recruitment  General dislike or lack of respect for
o Swindling the victim
o Strong sense of relative deprivation  keeping
 “White collar crime involves the use of a violator’s position
of significant power, influence, or trust in the legitimate up with the lifestyle rather than true poverty
economic or political institutional order for the purpose of o Adverse financial or business conditions (threat
illegal personal or organizational gain.” (Reiss & Biderman of losing it all)
1980) o Stress (financial crisis, adverse business
o Insider trading conditions, relationship breakdowns, etc.)
o Corruption, i.e. awarding of contracts to preferred o Lifestyle choices (compulsive gambling,
contractors or suppliers substance abuse)
o Price-fixing  SOCIAL BACKGROUND (US)
 “Economic offense committed through the use of some o Educated
combination of fraud, deception, or collusion” (Wheeler et o Late-career/older
al. 1982) o Low integration to conformist groups
o Dysfunctional upbringing
ORGANIZATIONAL CRIME o Navigate within a social environment conducive
 “Illegal acts of omission or commission by a legitimate to fraudulent conduct
organization in accordance with its goals that result in a o What sort of work (social) environment
serious physical or economic impact on employees, encourages fraud?
consumers, or the general public” (Schrager & Short 1978)
WHEN IT CANNOT BE DETECTED
ELITE DEVIANCE  An opportunity is present
 The individual is tempted and inclined
 Nothing prevents it from happening
 ROUTINE ACTIVITY THEORY (Felson 2002)
o What are the conditions necessary for crime?

WHEN FRAUD IS TOLERATED: SOME FACTORS


 Offender takes cue from the culture of the organization
 Supported by structural factors, e.g. incentives/rewards
system
 Insulation from scrutiny accountability
 (learning and neutralization theories)

CRIMINAL JUSTICE AND SOCIAL ORDER: LOIC AND


WACQUANT
 Ghetto and prison meet and mesh – prisons become like
ghettos and ghettos like prisons
 Racially disproportionate hyper-incarceration (US)
 Prisons create caste control; deals population of young
black men rejected by the wage-labor market
 Carceral system redefined citizenry within a racialized
public culture of vilification of criminals
 Welfare treatment of poverty by penal management

PENAL POPULISM: DAVID GARLAND AND JOHN PRATT


 Subscribes to a policy that is ‘tough on crime’
 Values public sentiments against crime and criminal
offenders over empirical evidence or opinions of crime
experts, call for punitive control measures (Pratt 2007)
 Criminal punishment as an expressive institution, its rituals
directed less at offenders and more at the “audience of
impassioned onlookers whose cherished values and security
had been undermined” (Garland 1991)
 Privileges public opinion and political currents in crime
policy
 Decline of penal welfarism

You might also like