CRIME IN CONTEXT

WHEN SOCIOLOGISTS STUDY CRIME AND DEVIANCE, THEY ATTEMPT TO ==== [1] LEARN WHAT TYPES OF BEHAVIOR ARE DEFINED AS DEVIANT, [2] WHO DOES THE DEFINING, [3] HOW AND WHY PEOPLE BECOME DEVIANTS, [4] AND HOW SOCIETY DEALS WITH DEVIANCE

[[[TOPICS AND ISSUES THAT ARISE WHEN ONE CONSIDERS CRIME AND CRIMINAL JUSTICE IN A CONTEMPORARY CONTEXT]]]

…

WHAT IS THE DIFFERENCE BETWEEN DEVIANCE AND CRIME?

DEVIANCE – THE GENERAL TERM GIVEN TO ANY BEHAVIOUR THAT IS PERCEIVED TO VIOLATE SOCIAL NORMS.

CRIME – IS BEHAVIOR THAT IS DESIGNATED AS DEVIANT AND CONSIDERED TO BE WORTHY OF LEGAL SANCTION (AS A SOCIAL CONTROL)

[[CRIME, THEN, IS A SUBSET OF DEVIANCE == A "SERIOUS" FORM OF UNWANTED BEHAVIOUR]]

{{{ PP7 = QUIMET REPORT (REPORT OF THE CANADIAN COMMITTEE ON CORRECTIONS: TOWARDS UNITY: CRIMINAL JUSTICE AND CORRECTIONS, 1969) == "NO CONDUCT SHOULD BE DEFINED AS CRIMINAL UNLESS IT REPRESENTS A SERIOUS THREAT TO SOCIETY, AND UNLESS THE ACT CANNOT BE DEALT WITH THROUGH OTHER SOCIAL MEANS"}}}

CRIMINAL LAW IS ONE OF A RANGE OF FORMAL RESPONSES THAT WE HAVE COME TO RELY UPON TO GUARD AGAINST CERTAIN FORMS OF UNWANTED CONDUCT

EVERY SOCIETY DIFFERS ON WHAT IT LABELS "UNWANTED CONDUCT" == AND EVEN WITHIN SOCIETIES, MEMBERS DIFFER IN OPINION AS TO WHICH CONDUCT IS UNWANTED, AS WELL AS THE MOST APPROPRIATE WAY TO RESPOND TO SUCH BEHAVIOR == EVEN WHERE THERE APPEARS TO BE A CONSENSUS AS THE SERIOUSNESS OF THE ACT, THERE CAN BE DIFFERENCES AS TO HOW THE ACT SHOULD BE DEALT WITH.

[[DIFFERENT FORMS OF REGULATION ARE ALSO FREQUENTLY USED == PROFESSIONAL SOCIETIES EVALUATE THE CONDUCT OF THEIR MEMBERS AND MAY SANCTION INAPPROPRIATE CONDUCT == CODES OF CONDUCT, TAXATION, SOCIAL SERVICE AGENCIES, CHURCHES AND COMMUNITY GROUPS ALSO HELP US DIFFERENTIATE BETWEEN SOCIALLY ACCEPTABLE AND UNACCEPTABLE CONDUCT]]

CRIMINAL LAW IS A PUNITIVE RESPONSE TO A PERCEIVED PROBLEM. IT IS GENERALLY CHARACTERIZED AS A NECESSARY EVIL IN A SOCIETY TO STAVE OFF THE THREAT OF VIOLENCE, DISORDER, AND DANGER.

ALMOST EVERY HUMAN BEHAVIOR HAS BEEN DEFINED AS DEVIANT AT SOME PLACE OR AT SOME TIME, AND AS NON-DEVIANT AT OTHER TIMES OR IN OTHER PLACES == THESE DESIGNATIONS ARE "CULTURALLY RELATIVE" == DEVIANCE IS A STATUS CONFERRED BY SOCIETY, NOT A QUALITY INTRINSIC TO THE ACTS THEMSELVES.

DEVIANCE BECOMES "CRIMINAL" WHEN A BEHAVIOR IS DESIGNATED AS DEVIANT AND CONSIDERED TO BE WORTHY OF LEGAL SANCTION (AS A SOCIAL CONTROL).

HOW DO WE DECIDE WHETHER IT IS APPROPRIATE TO USE CRIMINAL LAW == [[WHEN DOES THE "CRIMINAL JUSTICE" SYSTEM COME INTO PLAY IN OUR SOCIETY?]]

FIRST, CRIMINAL LAW RESTS ON THE NOTION OF ATTRIBUTING PERSONAL RESPONSIBILITY FOR THE CRIME – THERE ARE ONE OR MORE CLEARLY IDENTIFIABLE INDIVIDUALS TO HOLD ACCOUNTABLE FOR THEIR ACTIONS. CONSEQUENTLY, THE SOCIAL, POLITICAL AND CULTURAL CONTEXT IN WHICH THE PROBLEM OCCURRED DISAPPEARS INTO THE BACKGROUND.

[[EX: WHILE WE MAY RECOGNIZE THAT CHILD ABUSE IS THE RESULT OF COMPLEX SOCIAL AND PSYCHOLOGICAL FACTORS, WE {THE SOCIAL NORM IS TO} NONETHELESS PLACE RESPONSIBILITY FOR SUCH CONDUCT AT THE INDIVIDUAL LEVEL]].

CRIMINAL LAW BOTH UNIVERSALIZES THE PROBLEM AND INDIVIDUALIZES ITS CAUSES == IT UNIVERSALIZES THE PROBLEM IN THE SENSE THAT IT RECOGNIZES THE CLAIM OF THE VICTIM AS VALID AND SUFFICIENT ENOUGH TO DEMAND A GUARANTEE OF PROTECTION BY THE STATE == IT INDIVIDUALIZES THE PROBLEM BY MAKING INDIVIDUALS (MAINLY INDIVIDUAL OFFENDERS) RESPONSIBLE FOR THE PROBLEM.

{{{{ THIS MIGHT BE CALLED "THE ANTI-SOCIOLOGICAL IMAGINATION == [[RECALL]] SOCIOLOGICAL IMAGINATION == A FORM OF CONSCIOUSNESS IS REQUIRED THAT LINKS THE PERSONAL TROUBLES OF MILIEU AND PUBLIC ISSUES OF SOCIAL STRUCTURE. == ALBEIT, WITH SOME GROUPS LIKE ABORIGINALS AND BLACKS, MILIEU CAN BE CONSIDERED IN SENTENCING}}}}

{{{{SOCIOLOGICAL ASIDE: WHEN SOCIOLOGISTS STUDY CRIME AND DEVIANCE, THEY ATTEMPT TO LEARN WHAT TYPES OF BEHAVIOR ARE DEFINED AS DEVIANT, WHO DOES THE DEFINING, HOW AND WHY PEOPLE BECOME DEVIANTS, AND HOW SOCIETY DEALS WITH DEVIANCE}}}}}

WHAT IS CRIME?

CRIME IS A CULTURALLY RELATIVE DEFINITION OF INAPPROPRIATE AND UNWANTED BEHAVIOR ==PART OF A CULTURAL "DISCOURSE" THAT PROVIDES THE CONCEPTUAL MODELS FOR PEOPLE AROUND WHICH THEY MAP THE WORLD {DIFFERENT FRAMES OF REFERENCE AND UNACKNOWLEDGED SETS OF BELIEF}

[IN OUR SOCIETY, THE "DOMINANT CULTURAL DISCOURSE" IS THAT CRIME IS UNWANTED BEHAVIOR THAT TAKES PLACE AT THE LEVEL BY INDIVIDUALS == THEFT, SHOPLIFITING, ROBBERY, AND PHYSICAL AND SEXUAL ASSAULT, ETC]

EX: {THEREFORE} IN THIS FRAME OF REFERENCE, “SERIOUS” CRIME TENDS TO BE EQUATED WITH “STREET CRIME” INVOLVING ROBBERY, THEFT, SHOPLIFTING, ASSAULT, AND SO ON; AND IT IS ASSOCIATED WITH AN ABERRANT ASSORTMENT OF DEVIANT STREET PEOPLE – THE “STREET THUG,” THE “GANG BANGER,” THE “INNER-CITY YOUTH,” AND THEIR LIKE. THESE ARE THE CRIMES AND CRIMINALS THAT OCCUPY MOST OF THE TIME AND ATTENTION OF THE CRIMINAL JUSTICE SYSTEM.

SO CALLED “ELITE CRIME” == “WHITE-COLLAR” CRIME TENDS TO BE SEEN AS LESS SERIOUS, EVEN WHEN IT INVOLVES MILLIONS OF DOLLARS AND RUINS PEOPLES LIVES. NORTEL, ENRON, WORLD.COM, AND THE ATTENTION GIVEN TO OUR OWN AD SCAM (SPONSORSHIP PROGRAM) ARE THE EXCEPTIONS THAT PROVE THE RULE.

{POLITICAL ASIDE: SO IT WAS NOT SURPRISING THAT DAYS PRIOR TO THE CALL OF THE1994 FEDERAL ELECTION, RATHER THEN PLEDGING TO GET TO THE BOTTOM OF AD SCAM AND POLITICAL CORRUPTION OR DECLARING WAR ON NORTEL AND CORPORATE FRAUD, DEPUTY SIDENT REG ALCOCK ANNOUNCED CHANGES TO THE TROUBLE-RIDDEN FIREARMS REGISTRY, PLEDGING TO ELIMINATE REGISTRATION FEES, INTRODUCE A BUDGET CAP, AND TOUGHEN CRIME PENALTIES.}

THE FIREARMS REGISTRY WAS INTRODUCED BY THE LIBERALS IN 1995 AND WAS EXPECTED TO COST TAXPAYERS $2-MILLION, WITH THE BULK OF THE $119-MILLION EXPENSE COVERED BY REGISTRATION FEES. HOWEVER, AUDITOR-GENERAL SHEILA FRASER CALCULATED THE REGISTRY COST, NOT INCLUDING RECOUPED FEES, WILL TOP $1-BILLION BY 2005.

{IS THIS A “WHITE COLLAR CRIME?” ITSELF?}.

… IN DAYS PRIOR TO THE CALL OF THE 1996 FEDERAL ELECTION – AND IN THE WAKE OF THE TRAGIC SHOOTING DEATH OF A 15-YEAR-OLD GIRL IN A BOXING DAY GUN BATTLE ON YONGE ST. {JANE TREBA} – ONTARIO PREMIER MCGUINTY, WHO HAS ALREADY CALLED FOR A MANDATORY MINIMUM FOUR-YEAR SENTENCE FOR MERELY BEING IN POSSESSION OF AN ILLEGAL HANDGUN, UNVEILED A $51-MILLION PACKAGE OF ANTI-GANG, ANTI-GUN INITIATIVES, INCLUDING HIRING MORE COPS AND CROWN PROSECUTORS ===>

CONSERVATIVE LEADER STEPHEN HARPER'S LAW-AND-ORDER PLATFORM, RELEASED EARLY JANUARY 1996 JUST PRIOR TO THE ELECTION AND NEAR THE SITE OF THE HORRIFIC BOXING DAY SHOOTINGS ON YONGE ST. IS PROMISING MANDATORY MINIMUM SENTENCES OF UP TO 10 YEARS FOR THOSE CONVICTED OF GUN CRIMES.

{IS THIS A PROPORTIONAL RESPONSE TO A GROWING SOCIAL PROBLEM, OR POLITICAL OPPORTUNISM ANDMANIPULATION THROUGH FEAR MONGERING?}

WHY ARE WE PREOCCUPIED TODAY WITH LAW AND ORDER?

MANY RESEARCHERS NOW SUGGEST THAT WE ARE SO PREOCCUPIED BY QUESTIONS OF CRIME AND SECURITY THAT WE HAVE BECOME A "RISK SOCIETY," FIXATED ON HOW TO REDUCE THE "IMMINENT" POTENTIAL OF CRIMINAL BEHAVIOUR == AS A RESULT, THE 20^TH AND 21^ST CENTURIES HAVE WITNESSED AN INCREASING EMPHASIS ON GOVERNMENTS ADOPTING A "LAW AND ORDER" AGENDA.

DURING THIS TIME THERE HAS BEEN INCREASED DEMANDS FOR HARSHER PUNISHMENT FOR OFFENDERS. RATES OF IMPRISONMENT ACROSS MANY WESTERN COUNTRIES, PARTICULARLY IN THE UNITED STATES, HAVE RISEN DRAMATICALLY == IN CANADA, RATES OF IMPRISONMENT ALSO REACHED HIGH LEVELS DURING THE 1990S

[[EX: IN 1994-5 AT 153 PER 100,000 ADULTS, DROPPED TO 133 PER 100,000 IN 2000-1]]

INTERESTINGLY, AN INCREASED RELIANCE ON CRIMINAL LAW AND PUNISHMENT HAS COME AT A TIME WHEN OFFICIAL CRIME RATE HAS ACTUALLY DECREASED == CONTRARY TO "GET TOUGH" ON "THE CRIMINAL ELEMENT" BY IMPLEMENTING A "LAW AND ORDER AGENDA" == AND THE REPORTS THAT CRIME IS EXPANDING AND OUT OF CONTROL == OFFICIAL CRIME DATA ACTUALLY SUGGEST THERE HAS BEEN A DECREASE IN CRIME OVER THE PERIOD.

UPSHOT CONSEQUENCES ==

[[1]]CLAIMS THAT CRIME LEVELS ARE RISING AND "OUT OF CONTROL" – AND REPORTS THAT MORE PUNISHMENT AND CONTROL IS NECESSARY – MAY BE ERRONEOUS AND MISPLACED ==

[[2]] THE ERRONEOUS CLIMATE PUTS A POX ON PUBLIC CRITICISM AND OVERSIGHT OF POLICE SERVICES [[YOU CAN BE TOO CRITICAL OF THE POLICE – BUT – YOU CANNOT BE TOO LENIENT ON POLICE == THIS MEANS {EX: TORONTO} MORE AND MORE RESOURCES DEVOTED TO "POLICE BUDGET" – AND LESS AND LESS "PUBLIC OVERSIGHT"]]

WHAT ARE THE RESULTANT REALITIES OF CRIMINAL LAW[?]

[EX: THE CRIMINAL JUSTICE SYSTEM REFUSES TO LABEL AND TREAT AS CRIME A LARGE NUMBER OF ACTS OF THE RICH THAT PRODUCE AS MUCH OR MORE DAMAGE TO LIFE AND LIMB AS THE CRIMES OF THE POOR AND DISENFRANCHISED == REFUSAL TO MAKE WORKPLACES SAFE, REFUSAL TO CURTAIL DEADLY POLUTION, PROMOTION OF UNNECESSARY SURGERY, AND PRESCRIPTIONS FOR UNNECESSARY DRUGS, CAUSE OCCUPATIONAL AND ENVIROMENTAL HAZAARDS TO INNOCENT MEMBERS OF THE PUBLIC AND PRODUCE AS MUCH DEATH, DESTRUCTION, AND FINANCIAL LOSS AS THE SO-CALLED “STREET CRIME” OF THE POOR. HOWEVER, THESE CRIMES OF THE WELL-OFF, OR “ELITE CRIME,” IS RARELY TREATED AS SEVERE AS THOSE OF THE POOR.

WHAT ARE THE CONSEQUENCES OF THESE TYPES OF CHOICES FOR DETERMINING WHAT IS A CRIME AND WHO IS A CRIMINAL?

[[1]] THE USE OF CRIMINAL LAW INFLUENCES OUR REPRESENTATIONS OF "CRIMINALS AND VICTIMS"

[[2]] MANY CRIME SURVEYS ASK PEOPLE TO IDENTIFY WHERE THEY ARE "AFRAID TO WALK AT NIGHT" TO ASSESS PEOPLE’S FEAR OF CRIME. THIS TYPE OF QUESTION IS BASED ON THE ASSUMPTION THAT CRIME IS SOMETHING THAT HAPPENS TO US ON THE STREET AND IS COMMITTED BY STRANGERS == CONTRARY TO THIS, MANY RESEARCHERS HAVE SHOWN THAT MUCH VIOLENCE OCCURS IN THE HOME, AT THE HANDS OF PEOPLE WHO ARE KNOWN TO THE VICTIM, AND OFTEN WITHIN RELATIONSHIPS.

[[3]] RESEARCH CHALLENGES THE PERCEPTION THAT WE ARE ALL EQUALLY LIKELY TO BE CRIME VICTIMS BY REVEALING THAT THE MOST "MARGINALIZED GROUPS" IN SOCIETY HAVE THE GREATEST CHANCE TO BE VICTIMIZED BY CRIME.

[[4]] AT THE SAME TIME, MARGINALIZED COMMUNITIES HAVE POINTED TO THE INADEQUATE RESPONSE BY THE STATE TO THEIR VICTIMIZATION == PEOPLE WHO FIT THE TYPICAL OFFENDER PROFILE {STEREOTYPE} ARE "OVER-POLICED", WHILE THOSE WHO COMMIT SERIOUS HARMS BUT DO NOT HOLD THESE CHARACTERISTICS ARE TYPICALLY "UNDER-POLICED"

[[EX. RATES OF INCARCERATION == NATIVES 3 X THE RATE OF NON-NATIVE == BLACKS 5 X THE RATE OF NON-BLACKS (THERE ARE MORE NATIVES AND BLACKS IN JAIL THAN IN COLLEGE AND UNIVERSITY – OSCILLATE BETWEEN "RAGE AND THE CAGE"]]

[[PRELIMINARY CONCLUSION == PREVAILING CRIMINAL JUSTICE (AND INJUSTICE) SYSTEM IS FASHIONED BY POLITICAL DOMINATION AND SOCIO-ECONOMIC CONTROL --- AND --- IT TENDS TO BREADOWN ALONG RACIAL LINES.]]. ===

EX: WHO IS THE “TYPICAL CRIMINAL”

[[OR == WHAT IS THE STEREOTYPICAL UNDERSTANDING OF "THE CRIMINAL TYPE"]]?

{{ASIDE: SOME PEOPLE GET TREATED AS CRIMINALS AND NOT OTHERS BECAUSE OF STEREOTYPICAL UNDERSTANDINGS OF "KINDS OF PEOPLE" == "THE CRIMINAL TYPE"}}

IN HIS INFAMOUS 1993 BOOK, HOW TO STOP CRIME, POLICE CHIEF ANTHONY BOUZA WRITES “STREET CRIME IS MOSTLY A BLACK AND POOR YOUNG MAN’S GAME.”

IN THE USA, BLACK LEADER, REVEREND JESSE JACKSON ONCE SAID: “ THERE IS NOTHING MORE PAINFUL TO ME AT THIS STAGE OF MY LIFE THAN TO WALK DOWN THE STREET AND HEAR FOOTSTEPS AND START THINKING ABOUT ROBBERY – AND THEN LOOK AROUND AND SEE SOMEONE WHITE AND FEEL RELIEVED.”

IN HER 1998 BOOK, THE COLOR OF CRIME, KATHRYN RUSSELL SPEAKS OF TH "CRIMINALBLACKMAN."

THE CRIMINALBLACKMAN IS A COMPOSITE OF WHITE FEARS OF BLACK MEN’S CRIMINALITY == IT MAY BECOME SO STRONG AND SO WIDESPREAD THAT IT ALLOWS FOR “RACIAL HOAXES,” IN WHICH A WHITE OFFENDER BLAMES AN AFRICAN AMERICAN, USUALLY MALE, FOR THE OFFENSE IN QUESTION AND IS READILY BELIEVED BY CRIMINAL JUSTICE AGENTS AND/OR THE GENERAL PUBLIC.

...

LETS LOOK MORE CLOSELY AT THE FACE IN TODAY’S CRIMINAL JUSTICE MIRROR,

== WHILE DEVIANCE IN GENERAL IS COMMON ACROSS THE ENTIRE POPULATION, CRIMINAL ACTIVITY APPEARS TO BE CONCENTRATED IN CERTAIN SECTORS OF SOCIETY ==

WHO IS THE “TYPICAL CRIMINAL.”

HE IS, FIRST OF ALL, A HE =

[THE MOST SIGNIFICANT FACTOR IN ANY STUDY OF CRIME ARREST RATES IS “GENDER” == IN THE USA -- OF 1,554,737 PERSONS ARRESTED FOR FBI INDEX CRIMES {AN AGGREGATE COLLECTION SYSTEM} IN 2001, 1,139,622, OR 73.3 PERCENT, WERE MALES]

[[ IN CANADA == ACCORDING TO THE LEADING SOURCE ON CRIMES REPORTED IN CANADA -- THE UNIFORM CRIME REPORT {UCR} DEVELOPED BY STATISTICS CANADA == MEN OR MORE LIKELY THAN WOMEN TO COMMIT MAJOR PROPERTY CRIMES {E.G., ROBBERY AND THEFT OVER $5000}, WHERE AS WOMEN ARE MORE LIKELY TO BE INVOLVED IN MINOR PROPERTY CRIMES {E.G., THEFT $500 & UNDER AND FRAUD} == MEN HAVE HIGHER ARREST RATES THAN WOMEN FOR VIOLENT CRIMES SUCH AS HOMICIDE, AGGRAVATED ASSAULT, ROBBERY, AND BREAK AND ENTER; WOMEN ARE MOST OFTEN ARRESTED FOR SUCH NONVIOLENT CRIMES AS SHOPLIFTING, PASSING BAD CHEQUES, CREDIT CARD FRAUD, AND EMPLOYEE PILFERAGE {CRIMINOLOGIST ESTIMATE THAT 10 PERCENT OF ALL HOMICIDES IN CANADA ARE COMMITTED BY WOMEN. MOST OF THESE ARE LINKED TO DOMESTIC VIOLENCE AND SELF-DEFENCE.}

[[[NOTE: UNLIKE THE FBI IN THE UNITED STATES, SOURCES IN CANADA LIKE THE UNIFORM CRIME REPORT {UCR} USE AN INCIDENT-BASED REPORTING SYSTEM INSTEAD OF AN AGGREGATE SYSTEM, COLLECTING DATA ON EACH CRIMINAL EVENT, OFFENDER, AND VICTIM. IT IS THUS PROVIDING A MORE COMPLEX PORTRAIT OF CRIME IN CANADA == IN ADDITION, BECAUSE THE NUMBER OF CRIMES REPORTED IS NOT NECESSARILY THE NUMBER OF CRIMES COMMITTED, STATISTICS CANADA CONDUCTS VICTIMIZATION SURVEYS, MOST RECENTLY IN THE GENERAL SOCIAL SURVEY OF 1999, SURVEYING 26,000 RANDOMLY SELECTED HOUSEHOLDS TO IDENTIFY VICTIMS OF PERSONAL CRIME]]]

2. HE IS YOUNG =

[AGE IS AN IMPORTANT FACTOR IN ANY STUDY OF THOSE ACCUSED OF A CRIME == IN THE USA – MORE THAN HALF {54 PERCENT} OF MEN ARRESTED FOR INDEX CRIMES WERE UNDER THE AGE OF 25]

[IN CANADA, THE PROPORTION OF THE POPULATION ACCUSED OF SERIOUS CRIMES, SUCH AS HOMICIDE, SEXUAL ASSAULT, AND ROBBERY, TENDS TO PEAK DURING THE TEENAGE YEARS OR EARLY ADULTHOOD AND THEN DECLINE WITH AGE == WERE AS IN 2000, 30.6 PERCENT AND 29.4 PERCENT OF THOSE ACCUSED WITH COMMITTING OFFENCES WERE 18 TO 24, AND 25 TO 34, YEARS OF AGE RESPECTIVELY, 10.2 PERCENT AND 4.5 PERCENT WERE 45 TO 54, AND 55 OR MORE, YEARS OF AGE RESPECTIVELY.

SEVERAL REASONS HAVE BEEN ADVANCED FOR AGE–CRIME PATTERNS, INCLUDING:

· DIFFERENTIAL ACCESS TO LEGITIMATE OR ILLEGITIMATE OPPORTUNITY STRUCTURES AT VARIOUS AGES; DIFFERENCES IN SOCIAL FACTORS SUCH AS PEER INFLUENCES;

· PHYSIOLOGICAL FACTORS SUCH AS THE EFFECTS OF AGING ON STRENGTH, SPEED, AND AGGRESSION; AND

· BUILDING UP DEVIANT NETWORKS THAT MAKE IT POSSIBLE FOR PEOPLE SUCH AS FENCES TO COMMIT LESS–VISIBLE CRIMES (STEFFENSMEIRER AND ALLAN, 1995).

3. HE IS PREDOMINANTLY URBAN

THE IDEA THAT CRIME NEEDS {ILLEGITIMATE} OPPORTUNITY STRUCTURES AND DEVIANT NETWORKS IMPLIES THAT IT IS FACILITATED BY AN URBAN ENVIRONMENT

[[IN THE USA, CITIES WITH POPULATION OVER 250,000 HAD A RATE OF 1,118 ARRESTS FOR FBI INDEX CRIMES PER 100,000 INHABITANTS.

[IN CANADA, (1998) REGINA LED THE LIST OF SELECTED CITIES WITH 14,785 TOTAL INCIDENTS PER 100,000 POPULATION. VANCOUVER, SASKATOON, VICTORIA AND THUNDER BAY FOLLOWED BEHIND. QUEBEC CITY AHD THE LEAST NUMBER OF INCIDENTS AT 5,348. TORONTO WAS RIGHT BEHIND WITH 5,839]

4. FOURTH HE IS DISPROPORTIONATELY BLACK (AND ABORIGINAL IN CANADA)

[IN THE USA, BLACKS ARE ARRESTED FOR INDEX CRIMES AT A RATE NEARLY TWO-AND-A-HALF TIMES THAT OF THEIR PERCENTAGE IN THE NATIONAL POPULATION. IN 2001, WITH BLACKS REPRESENTING 12.8 PERCENT OF THE NATION’S POPULATION, THEY MADE UP 30.7 PERCENT OF INDEX CRIME ARRESTS]

[IN CANADA == {{REMARKABLY LITTLE INFORMATION IN THIS AREA THAT IS NOT BASED ON ANECDOTES, BECAUSE CRIME STATISTICS IN CANADA DO NOT REPORT ON ETHNIC BACKGROUND OF VICTIM AND ACCUSED. }} == WE DO HAVE INFORMATION ABOUT BACKGROUNDS IN THE CANADIAN CORRECTIONAL SYSTEM WHERE, FOR EXAMPLE, INDIGENOUS PEOPLE {3 PERCENT OF THE POPULATION} CONSTITUTE 14 PERCENT OF THE INMATES [IN WESTERN CANADA, ABORIGINAL PEOPLE CONSTITUTE UPWARDS OF 75 PERCENT OF THE INMATES IN PROVINCIAL JAILS.]

AND BLACKS {2 PERCENT OF THE POPULATION} CONSTITUTE 6 PERCENT OF THE FEDERAL INMATES (WORTLEY, 199: 262)}} == STUDIES SUGGEST THAT WHILE IMMIGRANTS COMMIT LESS CRIME THAN THE CANADIAN-BORN, SOME IMMIGRANT GROUPS, SUCH AS THOSE FROM CERTAIN CARIBBEAN COUNTRIES, TEND TO BE JAILED AT HIGHER RATES THAN THEIR PROPORTION IN THE POPULATION == YOUNG BLACK MALES IN ONTARIO ARE ALSO JAILED MORE OFTEN, ACCORDING TO A 1995 STUDY ON SYSTEMIC RACISM IN THE CRIMINAL JUSTICE SYSTEM.

{{EX: BETWEEN 1993 AND 1995, 43.2 PERCENT OF THE RESPONDENTS STOPPED BY THE POLICE WERE BLACK. ONLY 23.8 PERCENT OF THE RESPONDENTS WERE WHITE, AND 19 PERCENT CHINESE.}}

{{EX: THE 1995 REPORT ON SYSTEMIC RACISM IN ONTARIO’S CRIMINAL JUSTICE SYSTEM INDICATED THAT BLACKS AND ABORIGINAL PEOPLE ARE MUCH MORE LIKELY TO END UP IN PRISON. PRISON ADMISSIONS PER 100,000 MEMBERS OF THE TOTAL POPULATION STOOD AT 827. BY COMPARISON, THE RATE FOR BLACKS WAS 3686; FOR FIRST NATIONS, 1993; FOR WHITES, 706; FOR ASIANS, 353. IN 1986 BLACKS CONSTITUTED 7.1 PERCENT OF ONTARIO’S PRISON POPULATION; BYT 1992-93, 15.3 PERCENT, AN INCREASE OF 203.6 PERCENT (COMPARED TO ONLY A 23 PERCENT INCREASE FOR WHITES). ALTHOUGH BLACK WERE LESS THAN 3 PERCENT OF THE POPULATION.}}

5. FINALLY, HE IS POOR

[IN THE USA, ABOUT ONE-THIRD OF JAIL AND PRISON INMATES WERE UNEMPLOYED (WITHOUT FULL- OR PART-TIME WORK) PRIOR TO BEING ARRESTED, A RATE CONSIDERABLY HIGHER THAN THAT OF ADULTS IN THE GENERAL POPULATION. AMONG INMATES IN 1996 MORE THAN HALF WERE NOT EMPLOYED FULL-TIME PRIOR TO ARREST, AND ABOUT HALF REPORTED PREARREST INCOMES BELOW $7,200 A YEAR}

[IN CANADA, CRIME RATES ALSO APPEAR TO BE DISTRIBUTED BY CLASS. HISTORICALLY, WORKING CLASSES WERE ASSUMED TO BE MORE CRIMINALLY INCLINED BECAUSE OF DENIED OPPORTUNITIES AND HARSH SOCIAL CIRCUMSTANCES. OTHERS SEE THE NATURE OF CRIMINAL ACTIVITY REFLECTS A CLASS BIAS. A CLASS BIAS CAN BE DETECTED IN THE APPLICATION OF CRIMINAL JUSTICE IN TERMS OF WHAT CONSTITUTES A CRIME, WHO AND WHAT ARE SINGLED OUT AS CRIMINAL, AND HOW INDIVIDUALS ARE PROCESSED THROUGH THE SYSTEM. == {CRIME IS PERCEIVED BY THE GENERAL POPULACE AS AN OBJECTIVE THREAT TO WHICH THE SYSTEM REACTS, BUT IT IS A REALITY THAT TAKES SHAPE AS IT IS FILTERED THROUGH A SERIES OF HUMAN DECISIONS RUNNING THE FULL GAMUT OF THE CRIMINAL JUSTICE SYSTEM} == LAWS THAT DEFINE CRIME TEND TO REFLECT THE INTEREST OF THE RICH AND POWERFUL; THERE IS A CLASS BIAS IN THE PREFERENCE TO DETECT STREET CRIME RATHER THAN CORPORATE CRIME; AND CLASS BIAS IS REFLECTED IN DIFFERENTIAL CONVICTION AND SENTENCING FOR STREET CRIME AND WORKING CLASS OFFENCES – IN OTHER WORDS, THE POOR DO NOT NECESSARILY COMMIT MORE CRIME. THEY ARE SIMPLY MORE LIKELY TO BE CAUGHT AND CONVICTED THAT THE AFFLUENT.

AS JEFFREY REIMAN PUT IT == “THIS IS THE ‘TYPICAL CRIMINAL’ FEARED BY MOST LAW-ABIDING AMERICANS. POOR, YOUNG, URBAN (DISPROPORTIONATELY) BLACK MALES MAKE UP THE CORE OF THE ENEMY FORCES IN THE CRIME WAR. THEY ARE THE HEART OF A VICIOUS, UNORGANIZED GUERRILLA ARMY, THREATENING THE LIVES, LIMBS, AND POSSESSIONS OF THE LAW-ABIDING MEMBERS OF SOCIETY, NECESSITATING RECOURSE TO THE ULTIMATE WEAPONS OF FORCE AND DETENTION IN OUR COMMON DEFENSE [PP.59].”

**SOCIOLOGICAL CONCLUSIONS:

1) DO VISIBLE MINORITY VISIBILITIES COMMIT MORE CRIME, OR ARE THEY JUST MORE LIKELY TO BE CAUGHT AND CHARGED BECAUSE OF THEIR VISIBILITY, THE FOCUS AND VISIBILITY OF “STREET CRIME”, THE PREJUDICE AND “PROFILING” OF POLICE OFFICERS? == THE SELECTIVITY AND BIAS THAT IS INHERENT IN PROCESSING MINORITIES THAT TENDS TO DISTORT THE LEVEL AND PATTERN OF OFFENDING WITHIN MINORITY COMMUNITIES – HAVING THE EFFECT OF “RACIALIZING” CRIME ALONG RACE AND ETHNIC LINES, THUS FURTHER AMPLIFYING THE RISK OF DETECTION AND APPREHENSION.

2) FOR MINORITIES, THE CRIMINAL JUSTICE SYSTEM IS PERCEIVED AS RACIST IN INTENT OR BY CONSEQUENCE; MOST WHITES REJECT THIS CHARGE, ALTHOUGH THEY ACKNOWLEDGE THE EXISTENCE OF SOME RACISTS WITHIN THE SYSTEM.

PART II

WHAT IS CRIME IN CONTEXT?

{{{A COMPREHENSIVE, OR OMNIBUS APPROACH THE STUDY OF CRIME SEEKS TO UNDERSTAND STRUCTURES OF INEQUALITY, SOCIAL TRENDS, CULTURAL CONTRADICTIONS == AND ABOVE ALL DISCOURSES ON POWER}}}

SOCIOLOGISTS HAVE LONG DEBATED THE SOURCES OF THESE DEFINITIONS OF DEVIANCE-CRIME. (1) SOME EMPHASIZE A SHARED, SOCIETY-WIDE CONSENSUS AS THE MAIN SOURCE. (2) OTHERS FOCUS MORE ON THE VARIOUS SOCIAL GROUPS THAT COMPETE TO MAKE SUCH DECISIONS ("POWER DYNAMICS"). STILL OTHER FEEL THAT ECONOMICS IS THE MAJOR FORCE BEHIND DEFINITIONS OF DEVIANCE-CRIME [[EX: "CRIMES CHOSEN FOR ATTENTION == VIOLENT "STREET CRIME" VERSUS "WHITE-COLLAR CRIME"]]

SOME SUGGEST THAT SHARED CONSENSUS, POWER, ECONOMIC ALL COME INTO PLAY DEPENDING ON THE TYPE OF DEVIANCE-CRIME YOUR CONSIDERING

I SAY == TRUE, BUT == "POWER" IS THE KEY FACTOR. POWER MANUFACTURES CONSENSUS AND CONTROLS ECONOMICS

POWER IS THE DOMINANT SOCIAL BOND

1) POWER OPERATIONALIZES SOCIAL GROUP RELATIONSHIPS.

2) POWER IS THE BASIS OF SOCIAL STRATIFICATION AND STATUS SYSTEMS IN SOCIETY.

3) POWER STRUCTURES OPPORTUNITIES AND ACCESS TO VALUED RESOURCES IN SOCIETY

****UPSHOT: CRIME HAS CULTURAL AND POWER DIMENSIONS == THEREFORE == CRIMINOLOGY THEORY ENTER INTO THE DIFFICULT TERRAIN OF POLITICAL AND SOCIO-ECONOMIC ANALYSIS

[[EX: PRIOR TO 1980S IT WAS LEGALLY IMPOSSIBLE FOR A MAN TO BE CHARGED WITHIN RAPING HIS WIFE. HER CONSENT WAS ASSUMED. BUT LEGISLATION IN 1984 MADE RAPE IN A MARRIAGE ILLEGAL == PRIME EXAMPLE OF PATRIARCHAL SOCIETY]]

PREVAILING CRIMINAL JUSTICE (AND INJUSTICE) SYSTEM IS FASHIONED BY POLITICAL DOMINATION AND SOCIO-ECONOMIC CONTROL

[[EX. RATES OF INCARCERATION == NATIVES 3 X THE RATE OF NON-NATIVE == BLACKS 5 X THE RATE OF NON-BLACKS (THERE ARE MORE NATIVES AND BLACKS IN JAIL THAN IN COLLEGE AND UNIVERSITY – OSCILLATE BETWEEN "RAGE AND THE CAGE"]]

HOW IS DEVIANCE AND CRIME EXPLAINED?

EXPLANATIONS OF DEVIANCE AND CRIME INCLUDE BIOLOGICAL, PSYCHOLOGICAL, AND SOCIOLOGICAL THEORIES. SOCIOLOGICAL EXPLANATIONS EXAMINE SOCIAL FORCES AND STRUCTURE, INCLUDING THE IDEA THAT SOCIETY DOES NOT PROVIDE ENOUGH MEANS FOR EVERYONE TO ACHIEVE THE LOFTY GOALS IT INSTILLS [[EX: SOCIAL DEPRAVATION THEORY]], THUS OPENING THE DOOR TO DEVIANCE.

SOCIAL-PROCESS THEORIES [[EX: DIFFERENTIAL ASSOCIATION]] VIEW DEVIANCE AND CRIMINALITY AS LEARNED IN GROUP INTERACTIONS WITH OTHERS. EITHER WAY, SOCIAL FACTORS "CAUSE" DEVIANCE.

MOST SOCIOLOGISTS PREFER THERE SOCIETAL EXPLANATIONS OF DEVIANT CRIMINALITY == IN QUESTIONING THE STRUCTURE OF SOCIETY, THE MAKING OF SOCIAL RULES, THE APPLICATION OF THE RULES, AND SPECIFIC CONDITIONS INCLUDING THE EFFECTS OF PUNISHMENT, THEY SEEK SOCIAL EXPLANATIONS

***{{{OK == WHAT IS THE "RATIONALE" FOR THIS == [[GO RO POWER POINT PRESENTATION == "GOING TO THE MOUNTAIN TOP"}}}

WHAT ARE THE "SOCIAL" CAUSES OF CRIME?

SOCIOLOGISTS HAVE LONG DEBATED THE SOURCES OF THESE DEFINITIONS OF DEVIANCE-CRIME. (1) SOME EMPHASIZE A SHARED, SOCIETY-WIDE CONSENSUS AS THE MAIN SOURCE. (2) OTHERS FOCUS MORE ON THE VARIOUS SOCIAL GROUPS THAT COMPETE TO MAKE SUCH DECISIONS ("POWER DYNAMICS"). STILL OTHER FEEL THAT ECONOMICS IS THE MAJOR FORCE BEHIND DEFINITIONS OF DEVIANCE-CRIME [[EX: "CRIMES CHOSEN FOR ATTENTION == VIOLENT "STREET CRIME" VERSUS "WHITE-COLLAR CRIME"]]

SOME SUGGEST THAT SHARED CONSENSUS, POWER, ECONOMIC ALL COME INTO PLAY DEPENDING ON THE TYPE OF DEVIANCE-CRIME YOUR CONSIDERING

I SAY == TRUE, BUT == "POWER" IS THE KEY FACTOR. POWER MANUFACTURES CONSENSUS AND CONTROLS ECONOMICS

POWER IS THE DOMINANT SOCIAL BOND

A) POWER OPERATIONALIZES SOCIAL GROUP RELATIONSHIPS.

B) POWER IS THE BASIS OF SOCIAL STRATIFICATION AND STATUS SYSTEMS IN SOCIETY.

C) POWER STRUCTURES OPPORTUNITIES AND ACCESS TO VALUED RESOURCES IN SOCIETY

****UPSHOT: CRIME HAS CULTURAL AND POWER DIMENSIONS == THEREFORE == CRIMINOLOGY THEORY ENTER INTO THE DIFFICULT TERRAIN OF POLITICAL AND SOCIO-ECONOMIC ANALYSIS

[[EX: PRIOR TO 1980S IT WAS LEGALLY IMPOSSIBLE FOR A MAN TO BE CHARGED WITHIN RAPING HIS WIFE. HER CONSENT WAS ASSUMED. BUT LEGISLATION IN 1984 MADE RAPE IN A MARRIAGE ILLEGAL == PRIME EXAMPLE OF PATRIARCHAL SOCIETY]]

{{{EX: GO TO POWER POINT PRESENTATION == "MEDIA AND MINORITIES" == THESIS: MEDIA IS BOTH A PRIMARY AGENT OF SOCIALIZATION, AND THE PRIMARY REPRESENTATIVE OF THE "DOMINATE GROUP" DISCOURSE ON CRIME}}}

[[CULTURAL DISCOURSE PROVIDES THE CONCEPTUAL MODELS FOR PEOPLE AROUND WHICH THEY MAP THE WORLD]]

PREVAILING CRIMINAL JUSTICE (AND INJUSTICE) SYSTEM IS FASHIONED BY POLITICAL DOMINATION AND SOCIO-ECONOMIC CONTROL

[[EX. RATES OF INCARCERATION == NATIVES 3 X THE RATE OF NON-NATIVE == BLACKS 5 X THE RATE OF NON-BLACKS (THERE ARE MORE NATIVES AND BLACKS IN JAIL THAN IN COLLEGE AND UNIVERSITY – OSCILLATE BETWEEN "RAGE AND THE CAGE"]]

A COMPREHENSIVE, OR OMNIBUS APPROACH THE STUDY OF CRIME SEEKS TO UNDERSTAND STRUCTURES OF INEQUALITY, SOCIAL TRENDS, CULTURAL CONTRADICTIONS == AND ABOVE ALL DISCOURSES ON POWER

[[PP. 569 == CRIME AND CULTURE ENJOY A SYMBIOTIC RELATIONSHIP, THAT IS, THE NATURE OF CRIME SHAPES AND IS SHAPED BY THE QUALITY OF CULTURE.

TO LEARN ABOUT CRIME IS TO QUESTION PROBLEMATIC POSITIONS OF PRIVILEGE WHICH HAVE NOT ASSUMED MUCH CURRENCY IN EVERYDAY CRIME TALK

SOCIOLOGICAL IMAGINATION == A FORM OF CONSCIOUSNESS IS REQUIRED THAT LINKS THE PERSONAL TROUBLES OF MILIEU AND PUBLIC ISSUES OF SOCIAL STRUCTURE.

…

****DISCOURSE - IS A SET OF TOPICS FOR DISCUSSION AND A WAY OF TALKING ABOUT THOSE TOPICS THAT IS CONTINUED OVER TIME BY A NUMBER OF PEOPLE WHO HAVE CERTAIN INTERESTS IN COMMON. THROUGH DISCOURSE, THE PARTICIPANTS COME TO HAVE A SHARED "KNOWLEDGE" ABOUT THE WORLD.

DISCOURSES == CULTURAL DISCOURSE IS LOCATED WITHIN WHAT HAS BEEN CALLED SOCIETY'S "FRAMES OF REFERENCE" (HEBDIGE, 1993).

[[EX: RACIAL SCHEMES AND UNARTICULATED ANALYTIC FRAMEWORKS.]]

ALL SOCIOLOGISTS SEEM TO AGREE THAT CULTURAL DISCOURSE PROVIDES THE CONCEPTUAL MODELS FOR PEOPLE AROUND WHICH THEY MAP THE WORLD (GOLDBERG, 1993; FOUCAULT, 1980). CULTURAL DISCOURSE IS WHAT GIVES SOCIETAL MEMBERS DIFFERENT FRAMES OF REFERENCE (HEBDIGE, 1993). THESE FRAMES OF REFERENCE ARE SEEN AS LARGELY UNACKNOWLEDGED SET OF BELIEFS, ASSUMPTIONS, FEELINGS, STORIES, AND QUASI-MEMORIES THAT UNDERLIE, SUSTAIN, AND INFORM PERCEPTIONS, THOUGHTS, AND ACTIONS. AND IT IS CULTURE'S FRAME OF REFERENCE – OR REFERENCE FRAMING – THAT CAN PROVIDE FOR DIFFERENT AND DECISIVE DISCOURSES ON THE SAME SUBJECT. WHAT ALL SOCIOLOGIST DO NOT SEEM TO AGREE UPON IS WHETHER SOCIOLOGY IS SUBJECT TO THE SELF-SAME ANALYSIS.

PART III

EXPECTATIONS OF CRIMINAL LAW[?]

CRIMINAL LAW RESTS ON SEVERAL OBJECTIVES ==

DETERRING THE INDIVIDUAL WRONGDOER AND THE GENERAL PUBLIC.

REINFORCING CERTAIN SOCIAL VALUES.

[AND] SIGNALING CERTAIN BEHAVIOUR HAS BEEN DEEMED TO BE UNDESIRABLE.

CRIMINAL LAW CARRIES A POWERFUL SYMBOLIC MESSAGE – IT SIGNALS THAT SOCIETY DISAPPROVES OF AN ACT AND THAT A FORMAL RESPONSE BY THE STATE IS NECESSARY.

[[EX: CRIMINAL CODE == DIFFERENTIATES BETWEEN THEFT OF PROPERTY THAT IS WORTH MORE OR LESS THAN $5000 (WITH MORE SERIOUS PUNISHMENT TYPICALLY ACCOMPANYING THEFT OVER THIS AMOUNT) == DIFFERENTIATES BETWEEN THEFT AND THEFT ACCOMPANIED BY VIOLENCE, WHICH IS REFERRED TO AS ROBBERY AND IS CONSIDERED SERIOUS == IN EACH CASE THE CRIMINAL LAW IS USED TO CONVEY A DIFFERENT SYMBOLIC MESSAGE ABOUT THE SERIOUSNESS OF THE OFFENCE AND HOW IT WILL BE DEALT WITH BY THE STATE]

[[PP. 569 == CRIME AND CULTURE ENJOY A SYMBIOTIC RELATIONSHIP, THAT IS, THE NATURE OF CRIME SHAPES AND IS SHAPED BY THE QUALITY OF CULTURE.

TO LEARN ABOUT CRIME "AS SOCIOLOGISTS" IS TO QUESTION PROBLEMATIC POSITIONS OF PRIVILEGE WHICH HAVE NOT ASSUMED MUCH CURRENCY IN EVERYDAY CRIME TALK

HOW DO WE LEARN ABOUT CRIME IN THE EVERYDAY?

WE LEARN OUR NOTIONS OF CRIME IN THE SAME WAY WE ARE SOCIALIZED ABOUT OTHER ASPECTS OF LIFE – THROUGH THE TRANSMISSION OF CULTURE.

[[CULTURAL DISCOURSE PROVIDES THE CONCEPTUAL MODELS FOR PEOPLE AROUND WHICH THEY MAP THE WORLD]]

CULTURAL DISCOURSE == ALSO OCCURS IN THE MEDIA – NEWSPAPERS, TELEVISION, RADIO, BOOKS, FILMS, AND THE INTERNET == MEDIA BOMBARD US WITH A VARIETY OF MESSAGES ABOUT THE NATURE OF CRIME AND ITS CONTROL

THE MEDIA (PARTICULARLY TELEVISION) TEND TO FOCUS ON VIOLENT CRIME, WHICH MANY OBSERVERS SAY CREATES AN INACCURATE PERCEPTION ABOUT THE LEVEL OF VIOLENT CRIME IN CANADA.

IN THIS WAY, THE MASS MEDIA PLAY AN IMPORTANT ROLE IN CULTIVATION SUPPORT FOR PUNITIVE SOLUTIONS BY ENHANCING FEARS OF CRIMINALITY THROUGH THE REPRESENTATION OF VIOLENT CRIMES.

[[HERE WE CAN BEGIN TO SEE THE DYNAMICS OF "POWER" AND HOW IT INTERSECTS THE ISSUE – TO CONTROL THE MEDIA, IS TO CONTROL THE "DOMINANT CULTURAL DISCOURSE" ON CRIME.

CRIME DOES NOT JUST EXIST AS A FORCE OF NATURE – BUT IT EXISTS AS A SOCIAL CONSTRUCTION THROUGH THE DYNAMICS OF CULTURE AND POWER]]

CRIME AND CONTROL

SOCIOLOGY EMPHASIZES THE SOCIAL DIMENSIONS OF CRIME WITH RESPECT TO CAUSES, PATTERNS AND RATES, AND CURES.

"SOCIOLOGICAL" THEMES:

1) THE SOCIAL DIMENSIONS OF "ANTI-SOCIAL" BEHAVIOR.

A) THE SOCIAL DYNAMICS BEHIND – [i] SOCIALLY CONSTRUCTING (DEFINING) DEVIANCE AND CRIME; [ii] DEFINING WHO IS DEVIANT AND UNDER WHAT CIRCUMSTANCES; [iii] APPLYING APPROPRIATE RESPONSES TO CRIME.

2) THE IMPACT OF CRIME AND DEVIANCE ON SOCIETY.

A) [i] WHAT IS CRIME? [ii] WHAT CAUSES IT? [iii] BY WHOM? HOW IS IT CONCEPTUALIZED IN SOCIETY? [iv] WHAT IS THE RELATIONSHIP BETWEEN CRIME AND DEVIANCE?

3) CRIME AS A "SOCIAL PROBLEM" THAT INVOLVES UNEQUAL DISTRIBUTION OF POWER, PRIVILEGE, AND RESOURCES.

A) [i] ORIGINATES IN A SOCIAL CONTEXT (NAMELY THAT OF POVERTY AND POWERLESSNESS); [ii] IS DEFINED AS A PROBLEM BY LAWS THAT THEMSELVES ARE SOCIALLY CONSTRUCTED IN DEFENCE OF THE POWERFUL AND RICH; [iii] EXERTS A DISRUPTIVE IMPACT ON SOCIETY WITH RESPECT TO THE STATUS QUO; AND [iv] IS AMENABLE TO SOLUTION BY WAY OF TREATMENT, AT LEAST IN THEORY, IF NOT ALWAYS IN PRACTICE.

FOR SOCIOLOGISTS, THEN, DEVIANCE AND CRIME ARE NOT DEFINED AS A "THING" PER SE, BUT RATHER A PROPERTY THAT IS ATTRIBUTED TO AN ACTION BY THOSE IN A POSITION TO MAKE THESE LABELS STICK.

[EX: "SQUEEGEE KIDS" – DIFFERENTIAL POWER // PUBLIC POVERTY ISSUE OR PUBLIC SAFETY ISSUE?]

FREE WILL VERSUS DETERMINISM

TO WHAT EXTENT ARE INDIVIDUALS THE BY-PRODUCTS OF THEIR SOCIAL ENVIRONMENT? OR IS IT MORE CORRECT TO SEE INDIVIDUALS AS ESSENTIALLY AUTONOMOUS PERSONS WITH A CAPACITY AND RESPONSIBILITY TO TRANSCEND SOCIAL AND CULTURAL CONSTRAINTS?

THE QUESTION OF WHETHER THE INDIVIDUAL IS RESPONSIBLE IS FREQUENTLY COUCHED IN DEBATES OVER BLAMING THE VICTIM OR BLAMING SOCIETY. IT IS ALSO FRAMED IN THE DISCOURSE OF FREE WILL VERSUS DETERMINISM OR AGENCY VERSUS STRUCTURE.

LOCATING THE BALANCE BETWEEN AGENCY AND STRUCTURE HAS CHALLENGED SOCIOLOGISTS OVER THE YEARS, WITH ONLY BLAND CLICHES AS A COMPROMISE SOLUTION.

THE CORRECTIVE OF BLAMING THE SYSTEM RATHER THAN THE INDIVIDUAL MAY BE TAKEN TOO FAR IF PEOPLE REFUSE TO ACCEPT RESPONSIBILITY. INDIVIDUALS ARE ULTIMATELY RESPONSIBLE FOR THEIR ACTIONS AND NEED TO BE HELD ACCOUNTABLE FOR WHAT THEY DO. YET THESE ACTIONS DO NOT ARISE IN A SOCIAL VACUUM, AND NEED TO BE INTERPRETED WITHIN THE SOCIAL CONTEXT.