Crime, Justice, and Social Control [2 ed.] 1793513082, 9781793513083

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Crime,Justice, andSocialContro

Revised Second Edition

Crime,Justice, andSocial Control EDITEDBY STUARTHENRY, JEFFREY VANDERSIPAND DESIRJ.M. ANASTASIA San Diego State University and Denver

SAN

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CONTENTS

Preface to the First

Edition

xiii

Preface to the Second Edition Introduction:

What Is Social

ParT I

ChaPTEr 1

xv Control?

xvii

PERSPECTIVES ONINFORMALSOCIAL CONTROL xxviii Introduction 1 WhyPeopleBanBehavior STUARTHENRYANDLINDSAY M.HOWARD What Kinds of Behaviors

Are Banned?

Banning Ideas, Thoughts, Banning

and Beliefs

Appearances

Banning as Informal

Banning

4

5 Social Control

6

Behavior as A Social Process

Banning

Behavior: Symbolic

Motives

The

Creation of

The

Mass Media and Public Policy

Moral Panics

From Banning Behavior to

Summary Further

10

11 13

Making Laws

and Conclusions Reading

7

8

Moral Entrepreneurs

ChaPTEr 2

3

15

17

17

MoralPanic

21

ERICH GOODEAND NACHMANBEN-YEHUDA Concern

22

Hostility

22

Consensus

22

Disproportion Imaginary

23

Threats

23

Exaggerated Claims Other Harmful

23

Conditions

24

v

vi

CRIME, JUSTICE,

AND SOCIAL

Other

CONTROL

Times,

Other

2

Places

Volatility

25

Actorsin the

Moral Panic

The The

25

Media and the Internet Public

25

Law Enforcement Politicians

26

and Legislators

Action Groups and Social

Three Theories

26 Movements

26

of Moral Panic

References

ChaPTEr 3

25

26

28

ModesandPatternsof SocialControl: Implicationsfor HumanRightsPolicy 29 INTERNATIONAL COUNCIL ON HUMAN RIGHTS POLICY Executive Summary 1. Introduction:

29

The

Research

2. Key Findings of the

Report:

Underlying Forces and Contexts

4. AdditionalConclusions

33

1.

Control and

Human

Rights

What Is Social Control?

30 32

34

34

Human Rights and Social Control:

References

Tensions and Complementarities

Introduction 4

37

39

LAWASFORMALSOCIALCONTROL

ParT II

ChaPTEr

Modes and Patterns of Social Control

3. Key Findings of the Report:

I. Social

II.

29

40

41

Lawin Context

45

STUART HENRY Law Creation and the

Origins of Law

Where Does Law Come From? The

Emergence

of a Socio-Legal

Blacks Sociology of Law

Durkheim, The

Weber, and

Movefrom

Durkheims

Status to

Division

Organic

Solidarity

and

46 Perspective

on the

48

Marx on Law Contract

of Labor

Mechanical Solidarity

45

49

49

50

and Repressive Law Restitutive

Law

50 50

Origins of Law

47

CONTENTS

Max Weber,Ideal

Types, and Legal Pluralism

Webers Theory of Domination

52

Webers Theory of Legal Development

52

WebersLegal Pluralism and Modern Law Conflict Theory,

Marx, and

Critical

MarxistTheorists of Law

53

Approaches to

Law

54

55

Austin Turks Law and Ideological Domination

References

51

56

57

ChaPTEr 5 CriminalJustice:Systems,Models,andIssues

61

STUART HENRY

Models of Criminal Justice:The Social Control

61

References

ParT III

Tension Between Human Rights/Due Process and

64

POLICING AND INVESTIGATIONS

66

Introduction

67

ChaPTEr 6 PoliceDiscretion LARRY

The

K. GAINES

AND

E. KAPPELER

Nature of Police Discretion

Administrative Enforcement The

VICTOR

71

Police

The

73 74

Discretion Discretion

76

Decision-Making

Process

Decision to Invoke the Criminal Justice Process OffenderVariables

79

Situation Variables

81

System Variables Discretionary

82

Situations in Law Enforcement

Domestic Violence

Vice Crimes

83

87

Prostitution and Human Trafficking Pornography Gambling The

76

94 96

Investigation

Policing

91

of Vice

Hate Crimes

97 98

Disenfranchised Populations The

Homeless

The

MentallyIll

102 103

102

83

78

vi

viii

CRIME, JUSTICE,

AND SOCIAL

Controlling

CONTROL

Police

104

Discretion

Understanding the Needfor Control Mechanisms

10

Internal Control Mechanisms 105 108

External Control Mechanisms 110

Summary

111

References

ChaPTEr 7 RacialProfiling

117

MICHAEL E. BUERGER

Two Perspectives

118

118

Disparity or Discrimination? Profiling Generally

119

Basic Legal Foundations General

History

Contemporary The

119

121 History

Flagship

Cases

121 122

Four SalientIssues

123

1.The Legitimacyof Suspicion 2. Scientific Proof

125

3. Balance of Harms

126

4. Precisionof Application Research on Racial Profiling

Conclusion

123

127 127

129

Referencesand Further Readings

129

ChaPTEr 8 UndocumentedPeople(En)CounterBorderPolicing: NearandFarFromthe USBorder 131 DENISE BRENNAN

Methodology Individual

132

Law Enforcement

Challenging

State Surveillance

Conclusion Notes

and

Decision-Making Violence

133

135

136 136

References

ChaPTEr 9

Agents

137

Managing the BoundaryBetweenPublicand Private Policing 141 MALCOLM K. SPARROW

CONTENTS

141

Introduction

143

Background Values at Stake

147

Four Scenarios

149

DecisionSequence Conclusion Notes

160 161

References

163

Author Note

ParTIV

150

164

COURTS, ADJUDICATION, AND SENTENCING166 Introduction

167

ChaPTEr 10 AmericanCourts

171

CASSIA SPOHN

Supreme Court Decisions and American Courts 172

The Rightto Counsel Jury Selection

172

Capital and Noncapital Sentencing The

Sentencing

Reform

174

Movement

Determinate Sentencing

175

176

PresumptiveSentencingGuidelines

177

The Impact of SentencingGuidelines Specialized The

or Problem-Solving

A Focus on Drug Courts

179

179

The Effectivenessof Drug Courts Policy Implications

177

Courts:

Drug Court Movement

180

181

Discussion Questions Notes

171

181

182

References

183

ChaPTEr 11 The MentalHealthand CriminalJusticeSystemsas Agentsof SocialControl 187 MELISSA THOMPSON

Mental Illness

or Crime?

Deinstitutionalization Theories

187

or Transinstitutionalization?

of Gender, Race, Mental Illness,

and Criminal

190 Labeling

192

i

x

CRIME, JUSTICE,

AND SOCIAL

CONTROL

Research Questions

193

Chapter Review Questions

ChaPTEr 12

193

WrongfulConvictions in the UnitedStates RONALD

C. HUFF

WhatIs the Frequency of Wrongful Conviction in the United States? What Are the

Conviction

in the

Causes of

Overzealousor Unethical Police and Prosecutors

197

Eyewitness Error

Wrongful

Inappropriate UseofJailhouseInformants or Snitches IneffectiveAssistance of Counsel

Adversarial System

Recent and Current

Developments

198

199

200

200

InnocenceProjectsandInnocenceCommissions The DeathPenalty

198

199

The Innocence Protection Act

201

202

203

Cases Cited

204

ChaPTEr 13 TowardRestorativeand Community Justice MICHAEL BRASSWELL, JOHN FULLER, AND BO LOZOFF

Underlying The

Principles

of Restorative Justice

Promise of Community

Victim-Offender

210

Reconciliation Programs (VORP)

Family Group Conferencing

211

Victim-Offender Panels(VOP) ReintegrativeShaming

Corrections

211

212

Some Recent Developments

213 213

Community Justice and Peacemaking Questions Notes

214 215

206

208

Forms of Restorative Justice

Faith-Based

19

199

Forensic Errors, Incompetence, and Fraud

References

United States?

196

197

False and CoercedConfessionsand Improper Interrogations

The

195

214

210

205

CONTENTS

ParT V

CORRECTIONAL POLICIES ANDISSUES Introduction 217

216

ChaPTEr 14 Foreword: ChallengingMass Incarceration

221

MARC MAUER An Alternative The

Scenario

Rejected

Racial Dynamics of

222 223

MassIncarceration

The Impact of MassIncarceration

224

Seeking a New Direction for Public Safety Notes

225

226

ChaPTEr 15 UnlockingAmerica

227

THEJFAINSTITUTE Prologue

227

Notes

230

Crime and Incarceration

230

Whythe Prison Explosion? Did Prison Expansion The

Negative

Three The

230

Cut Crime?

Side Effects

of Incarceration

Key Myths about

Punishment

Recommendations

that

and Treatment

Should Fit the Crime

Will Reduce

Recommendations that

Estimated Impact ofThese

Concluding

241 Programs

246

250

253

Our Orienting Idea:

Two Additional

Rehabilitative

Cost Savings, and Public Safety

Recommendations

Four

240

Crime and Incarceration

Limits of Prison-Based

Decarceration,

238

Remarks

Prison

253

Population

256

Bear on Humane Justice

Recommendations

on Prison Populations

260 262

264

ChaPTEr 16 Reflectionsand Perspectives on Reentryand Collateral Consequences 267 MICHAEL PINARD I. Introduction

II. Reflections

267

270

III. The

Present Focus on Reentry Issues and Collateral Consequences

IV.The

Future

V. Conclusion

Challenges of Reentry and Collateral 276

Consequences

272 275

x

xii

CRIME, JUSTICE,

AND SOCIAL

CONTROL

JUVENILE JUSTICE

ParT VI

Introduction

278

279

ChaPTEr 17 Preparingfor Prison?

28

PAUL J. HIRSCHFIELD

Abstract

281

Key Words Three

281

Dimensions

of School

Four Extant Interpretations

The

Role ofObjective

The Subjective The

Independent

Conclusion Notes References

Conclusion

301

Criminalization of School

283

Criminalization

Structural Conditions

286

289

Influence of Social Structure on School Criminalization Role of Justice System 294

295 296

Agents

293

291

PrEFaCETOThEFIrSTEDITION

T he focus

of this text is crime, justice, and social control.

Our purpose is to demonstrate that

law and the criminal justice system are set in a wider context of social control. Thus,

rather

than the formal system oflaw, courts, and police being the only ways members of society are

held together in a social order, weshow that there is a plurality This idea of a plurality the

moresubtle

our actions in everyday relationships.

In fact,

norms and sanctions

the church, but also through the formal institutions

broader view of informal

the context

needed to understand

control. This

is important

of social groups and institutions

discretion

companies,

and workplaces.

of social settings and situations,

control that reflect the

Rather than

justice fits

aberrations,

ways control is exercised in the

book, therefore, starts

types of social control through in

how criminal

with an introductory

and the system or subsystem behavior.

It concludes bylooking

Following the introductory analysis of criminal justice

overview,

criminal justice settings such as police

these are integral

formulate

justice

their

before

at the importance

and the philosophies of criminal justice

behind

policy issues

system. weinclude

academics,

allow students to understand the complexity the criminal

mechanisms of social

It reviews the social context and origins of law,

a selection

of articles that provide a sociological

and social control, and articles focused

justice

of social

wider society.

system discussed in the introduction.

discussed by criminal

theory

with

made clear, but we

social control and medical social control,

social control.

and alternatives in each area of the justice

areas of the formal

provides students

with a comprehensive

models of the courts and sentencing, the system of law enforcement, the system of corrections.

of

overview that explores the origins and different

sections on informal

more depth on formal

and social

We deviate and violate the

and non-state systems of social control

mechanisms operate within formal

and plea bargaining.

non-state systems

like family, schools, and

because, not only is the vast scope of social control

can also see how informal

focusing

most social control comes through

of which we are a part takes action to curb our untoward

This

This

police us, channel us, and even punish or correct

rules and private justice systems of organizations

such as medicine, insurance

norms, rules, and laws in a variety society

our behavior.

of control systems is often taken for granted because we often do not see

ways that groups and organizations

such as the informal

of systems that control

policy

The

more specifically

on the different

articles raise key questions

makers, and elected officials today. The

being articles

and range of challenges faced by all those involved

process, give them an opportunity

views about social control, taking into

to think

critically

consideration

about the alternatives,

research

in and

and policy analyses

presented by experts in the field.

Christine

Curtis and Stuart September

Henry, 30, 2012

xii

PrEFaCETOThESECOND EDITION

I

n the 7 years since the first

criminal justice

edition

of this text

was assembled some of the dimensions

have changed, and others have become controversial.

the contents of this text to better reflect the current framework Overall the fundamental

institutions,

referred to collectively

I have tried to include

control that occurs

public realm.

within formal

that outlines the framework ban behavior. It highlights others through

implications

As in the first

edition

of social control,

as well

Part I looks

After a comprehensive

at the fundamental

section

also explores

introduction

issue of why societies

process that shows how some interests of certain

social

are elevated above

behaviors and how these fears can

morality and social control

and social

for human rights.

Part II looks at law as aformal consistent

shaped by the culture ideologies

systems.

institutions

agencies of criminal justice.

moral panics. The

of state and non-state

However, the text also covers aspects of informal

for the book, the political

of social control.

of social control

creating fear about the consequences

be whipped into

as a logically

as a plurality

As a result, I have revised

a combination

articles that cover a range of formal

as those outside the formal

controls

pattern of social control remains

of formal

institution

of social control. It describes the shift from seeing law

set of rules enforced and structure

by government

of the society in

and policies on the criminal

sanctions to the social context

which it develops. The

justice system is also explored

influence

by contrasting

oflaw

of various the different

models of the system's operation. Part III

examines issues arising from the police as agents of social control

some of the informal the role, function, in the

practices such as police discretion,

and relationship

courts,

of adjudication

courts that include

in the courts,

drug courts,

and so on. It also explains the intertwining

health system. informal

Recognizing that adjudication

practice

of plea-bargaining

and community

of our criminal

justice

perfect in the formal

its formal

courts,

public

prostitu-tion

system and mental system and that the

due process principles,

section concludes

with a review

the section

of alternatives

justice.

Part V addresses issues relating to corrections Drugs and Three

area as,

which has witnessed a significant

homeless courts, family

is far from

compromises

discusses the issues of wrongful conviction. The such as restorative

is an important

policing has grown to be larger than

having as much as 2:1 ratio between private and public police.

Part IV explores the system expansion to specialized

private

on

policing the borders and

between public and private police. This

United States and many other countries,

policing and, in some countries,

racial profiling,

and concentrates

Strikes Law have contributed

and how certain to

policies such as the War

on

what has become known as massincarceration.

It then discusses how America can get out of its obsession

with prison and how prison populations

can be reduced,

ways through

before turning

to explore some of those

community

corrections,

x

xvi

CRIME, JUSTICE,

AND SOCIAL

effective reentry justice

CONTROL

and reintegration

of released convicts,

at the criminalization

but previously that

impact

of restorative

practices.

Part VI concludes the second edition alook

and the as-yet limited

byfocusing

on the juvenile

justice system, beginning

of the schools and the school-to-prison

overlooked issue of the traumatization

of youth

with

pipeline and the important

whofind

themselves

at the end of

pipeline. Ofthe 17 readings in this second edition, seven are new to this edition, four are updated versions

of articles that appeared in the first I hope that you find

these readings

edition,

while only six remain the same asin the first

engaging, thoughtful,

and informative

edition.

and that this revised

volume of Crime,Justice and Social Control stimulates your critical awareness about taking a broad view of the complexities

surrounding

our plurality

of social control systems.

Stuart

Henry,

April 6, 201

INTrODUCTION WHAT IS SOCIALCONTROL? All social groups enforce them.

make rules and attempt,

at sometimes,

Social rules define situations

them, specifying

some actions as right

under some circumstances,

and the kinds of behavior appropriate

and forbidding

others as wrong.

is enforced, the person whois supposed to have broken it

to

to

When a rule

maybe seen as a special kind of

person, one who cannot betrusted to live by the rules agreed upon by the group. He[or she] is regarded as an outsider. Butthe person whois thus labeled an outsider mayhave a different view of the matter. He[or she] may not accept the rule by which he[or she] is beingjudged and may not regard those whojudge him [or her] as either competent orlegitimately entitled to do so. Hence asecond meaning of the term emerges:the rule breaker mayfeel his[or her]judges are outsiders.(Becker 1963, pp. 12)

S

ociologist

Howard Becker (1963) explains that rules

based on social norms, customs, or traditions.

may beformal,

codified

In effect, rules are cultural imperatives

how people should act. Becker observes that all rules are founded

their

violation.

Social norms are standards

and are not formulated For the

process oflegislation

justice

based on the failure

of other,

Black (1976) argued that the amount social control

law in any society is greatest

Austin

expectations identification, smoking,

societies

with culture: (Deflem,

But the need for Donald

depends on the amount

when informal

control

mechanisms

where the relational

about deviant

legalization

of law

have less law

and social

will be relatively

low.

of

Where people

He says that the

morelikely they are to uselaw to settle disputes. to describe the process through

behavior are transformed

detection, and control. This

societies

distance between persons is great.

the amount

used the term

simpler

have moresocial control.

2007). Black (1976) claims that the quantity

distance between persons, the

Turk (1972)

social control.

mechanisms of social control.

with higher degrees of stratification

or close relationships,

greater the relational

constitute formal

moreinformal

of laws and the sanc-tions

moreformal law is needed (see also, Friedman 1975; Schwartz,

also vary directly

more differentiated

enjoy intimacy

with enforcement

of law and formal justice in a society

1954). Black proposes that societies Law and social control

written

to establish them.

and its effectiveness, suggesting that

break down or become ineffective,

control than

by social groups but are not explicitly

we are concerned

by the state, which taken together

laws is partially

of informal

expected

by the state through

written, with consequences specified for

by persons approved by governments

most part, in criminal

imposed

and explicitly

for

on some level of consensus

within a social group. Laws are a special kind of rule, ones that are sanctioned a specific governmental

aslaws, or infor-mal

into

which nor-mative

official laws for the purpose

has also been called criminalization.

which was once seen as medicinal, then seen as a social stimulant,

of

A good example is and in recent years has

xvi

xviii

CRIME, JUSTICE,

AND SOCIAL

been banned in certain

CONTROL

areas and subject to fines

and other penalties.

is seen as less harmful, the crime is decriminalized, as has happened

with

Vermont and Mississippi,

with penalties

marijuana possession for recreational

District of Columbia, and, such as California,

Colorado,

Washington. In some states, including Missouri,

New Hampshire,

being reduced

Massachusetts, Connecticut,

New York, North

be prosecuted.

priority,

So,it is important

can move from

being subject

or removed,

with police using their

Maryland,

Ohio, and Rhode Island,

pen-alties

of marijuana possession laws

discretion

controls,

Alaska,

Michigan, Nevada, Oregon,

Delaware, Illinois,

Carolina,

to understand the continuum merely to informal

when behavior

usein several states including

have been reduced and, in several cities, and states enforcement has been designated alow

Conversely,

as to

whether a case should

of social control

and how behavior

and then to formal

social control,

and

vice versa, as behavior can be decriminalized.

DefiningSocialControl Social control, in its broadest sense, is a meansto encourage,

persuade, or coerce individuals

to

conform to societal norms, rules, and laws. In his classic 1901 book Social Control, Edward A. Ross saw social control group.

as a way to

He said this

mold an individuals

was partly achieved though

which he described as the purposeful and acts of the individual. which fulfills

afunction

exercised both formally spontaneous

social

in the life of a society

as one of the

waysit

as: Social

maintains itself

within the individual,

producing an artificial

social order are designed to unremittingly

by belief (Hertzler, argued that belief law to be: The

1951, p. 604). wasfar

Although

more influential

mostspecialized

which is intended

Ross saw social control

Hesaw society as a living

social control

to distinguish

by

organism

natural order, and external

mechanisms of this externally

operated

Rossidentified

pro-duced

disciplinary

by the state, and supplemented

33 different types

more formal

and highly furnished

being

between internal

socialize each new generation through

than

and

as alive and well.

which can produce atemporary

mechanisms embodied in the engines of social control

con-trol,

on behalf of society, and informally

Ross was the first

social order. The

social

of the group over the aims

domination

(Ross, 1901, p. viii).

of government

In discussing the grounds for social control, controls exercised

and partly through

and conscious ascendancy

Ross defined social control

by the instruments

influence

agencies that serve social interests (Ross, 1901).

and social control

controls

desires and feelings to suit the needs of the

of social control,

he

mechanisms. Yet he also considered

engine of social control

employed by society

(Ross, 1922, p. 106). This

same theme

of the broad span and generalized reach of social control is found in later

writ-ing.

For example,Joseph S. Roucek,in SocialControl(1947, p. 3), definesit as:Those processes, planned or unplanned,

by which individuals

are taught,

persuaded to conform

to the usages and

life values of groups. Sociologist George C. Homans,in The Human Group(1950, p. 291), defined social control

as: the

process by which, if a man[or

woman] departs from

degree of obedience to a norm, his [or her] behavior is brought back toward

his [or her] existing that

degree or would

be brought back if he [or she] did depart. Black (1983) involves

provided

a good illustration

of the broad scope of social control,

any process by which people respond to

which he says

what they see as deviant behavior. This

includes

INTRODUCTION such diverse phenomena from

an organization,

hospital, a riot,

as a frown

or a scowl, a scolding

an arrest or lawsuit,

or a military reprisal.

concerning

the impact

or a reprimand,

an expulsion

a prison sentence, commitment

to a mental

But this concept entails no assumptions

of social control

else, nor does it address the subjective

upon conformity,

or implica-tions

social order, or anything

meanings of social control for those

who exercise or

experience it (Black, 1983, p. 39).

However, some have criticized

this broad-brush

approach to the concept.

For example, Stanley

Cohen(1985), in Visionsof Social Control,describessocial control as a Mickey used to include

all social processes, ranging from infant

social policies,

whether called health, education,

control is: all sponsored

organized responses to crime,

directly

prevention,

or welfare.

delinquency

by the state or by institutions

designated as treatment,

socialization

punishment

describing

or adjustment

all

regulation

(2007,

and formal

or legal control.

Informal:

Influencing

interpersonal

or whatever

(Cohen, 1985, p. 102).

of social

and whether

since the 1920s, has been the general

the coordination,

integration,

regulation

of conduct ... synonymous

social control into three categories: informal,

with medical,

relationships;

Medical: Changing human behavior using Formal/Legal:

and all

of deviancewhether

work and psychiatry

or groups to some ideal standard

p. 16). He characterizes

definition

such as social

manner of activities involving

of individuals

His more focused

and allied forms

According to sociologist James J. Chriss, social control, concept for

Mouse concept

to public education

medicine, psychology,

Enforcing laws and punishing

and psychiatry;

offenders.

Crime as Social Control Interestingly,

in Crime

as Social

Control,

classify as crime are similar to the behavior to control

or punish others in an informal

see as a wrong. For example, by committing

adultery,

member, it can be for

Black (1983) argued that of self-help

be an illegitimate

or punish

what they the family

When a gang member shoots a rival gang

disrespect, or to serve justice for a previous gang murder.

students, it can be to correct

attempt to control

or to correct

kills his daughter for dishonoring

he is exercising social control.

we

management, in which people act

attempt to bring about justice

when a Pakistani father

spouse kills her husband, it can be to control his fellow

conflict

many of the behaviors

him for abuse.

perceived injustices

When an abused

When a bullied

and humiliation.

kid shoots

So, crime itself

attempt at self-help social control, just as social control is an informal

can

or formal

crime and deviance.

Typesof SocialControl Systems of social control seem to be particularly (public,

as in formal

can be considered to operate along germane.

criminal

First,

justice),

multiple dimensions.

Two dimensions

we have whether the system of social control is state run or private,

1983;1987). I have argued that such non-state

or a non-state system of social control

systems of social control should

(Henry,

betermed Privat

xix

xx

CRIME, JUSTICE,

Justice,

AND SOCIAL

CONTROL

and I suggested that they include

bodies, boards, and councils associations

of industrial

and

mutual aid groups. Private

maintain the normative

concept of social control

by these agents

as the disciplinary

professional

autonomous

voluntary

Justice comprises those institutions (Henry,

denotes that all interaction

use of sanctions,

organizations,

of relatively

order ofinstitutions

are agents of the group, organization,

of such institutions

and commercial

and unions, to the peer sanctioning

like self-help that

the practices

socialization,

of social control

1987, p. 89). From this perspective, the

is subject to a degree of control

community,

and trade

associations,

by others

who

and society, and it is social in that it is limited and the

manipulation

of symbols (adapted from

Wolf,1964, p. 650). Asecond dimension systematic,

and written downor

(Gurvitch, law,

of social control

1947).

which recognizes

formal

concerns

alternatively,

developed

one plane, running organizational formality.

that there

are

draws

multiple forms

for conceiving

of forms

horizontally,

are the range

of different

we can consider

are

many different

kind of law.

organization,

subtypes

On a vertical

This

of organization

schema shows that informal

control, police

of the state or formal

such as criminal discretion

procedurally

formal,

are settled. The

planes.

On of

from the indi-vidual

of intermediate

types,

of social structure,

there

of groups,

each

of law at each level For Gurvitch

with its

own

of organization,

(1947), the formal

is

whereas the informal

and intuitive. law is not the exclusive control

organization.

mechanism of the group but

Conversely, formal

Even characteristically

have aspects that are informal.

informal

ranging

and planned in advance,

negotiation;

courts

yet plea bargaining,

and informal

reality is that both formal

and informal

any systemeven (Henry,

justice,

involves

law,

based on the level

with a variety

many subtypes

exists to a greater or lesser extent in any kind of law. mechanism

and informal

plane are the levels of

continuum

to informal.

written, fixed,

spontaneous,

of law

On a vertical

Within any one type

and

ranging from formal

by being organized,

is unorganized, flexible,

structures,

plane, and existing for each type

is the degree of formality, characterized

types

of living

most are not part of the

of law as existing in two

a horizontal

in between.

and spon-taneous

(1913) idea

between formal

and scale on which they operate.

Gurvitch,

community,

and that

the relationship

to group to societal to global collective including

of law

in organized,

unorganized,

on Eugene Ehrlichs

a framework

complexity

Adapting

whether it is informal,

Georges Gurvitch

legal system. In order to comprehend

Gurvitch

whether the system is formalas

law is not the exclusive formal

Policing is highly formalized,

and trials negotiations

are highly rule-governed

but and

are how 95 percent of cases

systems of social control

in private systems, such as disciplinary

systems of social

justice in universities

work together in or corporations

1983; 1994).

While their level of organizational

development

formal law, they also develop a rudimentary (1971) called legal reinforcement

pluralism

or in conflict,

even the formal

whose different laws reinforcing

typically

formal law. This

precludes small groups having highly web of control is what Leopold Pospisil

may exist in harmony, symbiosis,

or undermining

the informal

mutual

of other subsystems and

law of the state.

Table 1 is a synthesis

based on typologies

of systems of social control

(1991, p. 131), Henry (2015, p. 809), and Kokswijk (2010). The organization,

law

and

from individual

(micro) through

organizational

derived from

Ellickson

schema shows the level

(meso) to societal/global

of social

(macro) i

INTRODUCTION

xxi

TABLE1. Systems of Social Control Norm/Rule/Law

Control Agent

Sanction/Response

System Type Formal

Informal

Micro-level Rule violator/deviant first party)

Personal ethics & (indi-vidual values Contracts/infor-mal agreements

Victim/person violated (individual second party)

Self-restraint

Self-control

Individual self-help (can be punitive or nonpun-itive)

Victim-enforced control

Meso-level Group social context/ environment (third-party control)

Social norms

Collective victim (third-party control)

Conflict norms

Organization/Communal (third-party control)

Group sanctions, sham-ing, exclusion

Communal self-help; justice as social control

Groupself-help sanctions (collective aggression, crime asself-help, negotiation, settlement-directed talking)

Informal Organizational disci-pline, Privatejustice organizational sanctions system: Organi-zational controls control/ professional association

Organizational rules

Organizational/Communal

Informal social control; com-munity justice

Conflict norms

Professional standards/

victim(third-party control)

Organiza-tional Professional as-sociation

counter guide-lines control/public pressure

Competitiveshaming

Macro-level

Government/State

Law(state,statu-tory, Stateenforcement/

(third-party control)

commonlaw)

Formallegal

sanctions

Informal dis-cre-tion/

system plea bargain-ing

Global/International (third-party control)

a vertical

plane, but it also acknowledges

and the informal The

for each organizational

characterization

and formal

underbelly

of social control

mechanisms of control

a public formal

the first

Treaty/Interna-tional law

the insights

that permeates through

as it includes

both the formal

presented in Table 1 suggests that there are both informal

both at the

to the

of Gurvitch,

Noncompliant resistance

level of social control.

system of social control

two types in the continuum

Cooperative enforce-ment Formal legal system

meso-and

macro-levels.

operating at the

meso-and

of social control,

Criminal justice is predom-inantly

macro-level, but with an informal

micro-levels. The following

sections

based on Chrisss (2007) three-part

describe mode

xxi i

CRIME, JUSTICE,

AND SOCIAL

that includes informal

CONTROL

(predominant

and formal/legal

at the

micro-meso-level),

social control (predominantly

the focus of subsequent sections

at the

medical (predominant

at the

macro-global level). The

meso-level)

third types is

of this book.

Informal Social Control Chriss (2007)

describes the

moretraditional

practices of everyday life that encourage

view of informal us to follow

social groups, or the larger society. Sociologists

use the term socialization

by which welearn the rules, norms, and expectations first introduction

to social control.

many waysin

in, or your employer student

If you think

your friend

of the

mechanisms and

set forth

by family,

to describe the process

world around

by others. Your mother

us. Socialization

is our

maysend you an article

may advise you on how to dress for a party so you willfit

maytell you that you shouldnt

Chuck Vincent,

asthe

about your social networks today, you can identify

which your behavior is influenced

on the dangers of smoking,

social control

the rules and traditions

make personal calls at work. Consider college

who was subject to social control from

his peers for not drinking

enough

while out partying. When certain

drinking

norms are enforced it is not easy to resist them.

not acceptable to fall behind in drinking. on man. You are two shots behind. everyone gets behind the up

at work. But in

up to do.

At this

point

man has to slam the two shots in

catch up the person is reminded

that hes a lightweight.

the rules are set forth for you, such as policies, procedures

and guidelines

many cases, the norms, or social rules, are shared through interaction

and are not as clearly of your friends

observation

are received like: Come

1999, p. 98)

In some instances,

reaction

Youve got some catching

man and the behind

order to stay even. If he doesnt (Vincent,

If you do so comments

For instance, it is

defined.

You may only find

out that you violated a rule

or family. In the classroom,

of others or instruction

by teachers

you have learned

certain

with others

when you see the behaviors

over the years. For example,

based on

many instructors

would prefer that you raise your hand before speaking in class. But the rules are not the same in every classroom

and in some classes, rules are more vigorously

Rules can be enforced for a variety think

of social control,

wethink

of behavior

can also be exercised over physical extreme, illogical,

of different forms

racist, fundamentalist,

social group.

of deviance.

Most commonly,

that is deviant or offensive.

appearance

(too obese, thin,

eccentric,

a social actor in all these settings, the individual

enforced.

or codified into

Many norms are passed on informally An overriding

question

what is normal?

with all types

etc.), ideas (too

(gay, vegan, loner).

As

needs to understand the norms and values of each

Norms are rules for behavior or a guide for conduct (Chriss,

Norms need not be explicit

However, social control

pierced, tattooed,

etc.) and even lifestyle

when we

2007).

polices or laws;

through

socialization.

of social control,

Who defines the norms of society?

including

socialization,

is

Who defines the norms

who deter-mines of a group

INTRODUCTION

Sociologist moral

Howard Becker called those

xxiii

who mobilize others and whip up support to ban behavior

entrepreneurs.

It is important onalbeit

to realize that the exercise of social control

often looselyby

a group, community,

are referred to as an audience process. The

that is

audience (1) identifies

involves

or society. Those

made up of group

ideas,

from the group norm; (2) judges the difference to be significant; be negative (Henry

& Howard,

may act to exercise social exhibiting It is

the deviant

2019). If all three

control

to the vitality

regulation,

as posing a threat

the norms

or lifestyle)

that is different

and (3) judges the behavior to occur, then the audience

social actor

or over the group of actors

behavior.

define as deviance is a surveillance

agreed

who engage in a three-step

of these elements

over the individual

worth noting that difference

is seen to contribute

who determine

members

behavior (appearance,

a set of norms

culturally

of ideas, style, or food and creativity

of modern society.

unacceptable

sanction,

level

of difference

or penalty by societys

to the social fabric

preference is respected

(Sumner,

In contrast,

what audiences

that is subject to suspicion,

social control

2006, p. 126).

as a right and

agencies because it is seen

As such the social norms are cul-turally

bound; consider the norms of American academic culture compared to say those of Chinese academic culture. the

While questions

American classroom, in

discuss. The questions

Chinese classrooms

result can be that

nor participate

and even discussion

are expected

of students

students are there to listen,

when Chinese students study abroad in

in discussion.

Whatis conforming

of grade reduction for lack

As mentioned

previously,

of participation

the criminal

justice

behavior in the

(Zhong,

system

offense. Police departments

of referral to probation, in some other

way learn from their

the juveniles

as delinquents

efforts as a form

mistakes.The

of socialization,

similar to

and informal

service, or in

would avoid labeling

more serious offenses. within families

programs in lieu

community

hope was that the program

what occurs

control

were often treated infor-mally

diversion

write an essay, provide

and avoid escalation into

Chinese classroom

2019).

in the 1970s developed

which the youth could

or

maysuffer social control

has both formal

mechanisms. In the juvenile justice system, for example, young offenders for the first

not ask questions

America, they neither ask

becomes deviant behavior in the American classroom and visiting students in the form

by professors in

One could view these

or in schools.

MedicalSocial Control Medicine is becoming the repository

a major institution

more traditional

institutions

of social control, of religion

and law. It is becoming the new

of truth; the place where absolute and oftenfinal morally neutral, objective

made, not in the name of virtue not occurring

judgments

experts in the name of health.

or legitimacy,

through the political

nudging aside, if not incor-porating,

And these judgments

but in the name of health.

power physicians phenomenon

are made by sup-posedly

hold or can influence

an insidious

and often undramatic

accomplished

daily living,

by making medicine and the labels healthy

part of human existence. (Zola, 1972, p. 487

but is largely

by medicalizing

and ill

are

Moreover, this is

much of

relevant to an ever-in-creasing

xxiv

CRIME, JUSTICE,

AND SOCIAL

Samuel Cartwright first medical social control. and social problems functions

CONTROL

coined the term medicalization

According to

are redefined

Cartwright,

or normalize,

recently,

deviant

behavior

and

medical problems

(Cartwright,

Peter Conrad and Joseph Schneider (1992, of medical intervention

as deviant

with

Psychiatry

medication, psychoanalysis,

and treatment

at the individual

ways medicine

medical social control

modify, isolate, or regulate corresponding

and other forms level

minimize

1851, cited by Chriss, 2007, p. 64). p. 242) defined

that seeks to eliminate,

and the

by using medical meansto

medical means,in the name of health. The

mechanisms include

for

medicalization is the process by which personal

as psychiatric

... to secure adherence to social normsspecifically,

eliminate

variant

in 1851 to describe the foundation

promote

More as a

behavior defined

medical social control

of treatment.

pro-social

adjustment,

and public

health operates at the group or societal level to prevent disease, prolong life, and promote health: in modern or post-modern regulations

pertaining

array of risky

society, there are increasing to the reduction

behaviors, including

stalking,

has attached itself to these and The

case of hyperactivity

behavior

by young boys

overactive,

which

by pediatricians,

might have been described

Wed

psychologists,

off the shelves. It

teacher referred

other activity

Buds sister

change in behavior

Although

his attention span. The

with the administration but one that

(Bennett,

Buds hyperactivity

hyperactive.

goes virtually

He will be labeled,

was afraid

1990, p. 103).

Debbie explains: who specializes in hyper-activity

and this same deficiency is asso-ciated Ritalin to Bud he became

It also helped him screen out

use of Ritalin

made great differ-ences

Bud to better deal with these situations. which

1990, pp. 104106) of the drug Ritalin

was valued by the family,

moral culpability

to

disability is caused by a lack of

whether the drug wasthe cause. Importantly,

problems helps to take away the

labeled

in particular)

with teachers, the level of social

therapist ...

word retrieval.

and aggression. (Bennett,

have been a necessary intervention, she is not certain

seen by their parents

Bud recently, I have noticed a change in his behavior in situations

used to produce conflict The

would not have been

drugs (Ritalin

When Dr. Marsden prescribed

effect of Ritalin has allowed

or

were diagnosed as hyperactive

and

Buds learning

Ritalin helped Buds

so as to increase

... the calming In observing

...

of pizzazz,

my back for a second. If I did, I

within the family

mom to afamily

had told her that

aggressive

whose mother describes him as hyperactive:

chemicals in the brain that helps him retain information a new person ... The

by parents; it

made mefeel crazy

medical and drug intervention.

with hyperactivity.

generation,

having a lot

and prescribed

was afraid to turn

From attempting to deal with the issue

... the therapist

as naughty,

agents) as overly aggressive

and psychiatrists,

he would start pulling everything

Buds first-grade

2007, p. 72).

In a previous

of sanctions

behavior. Take the case of Bud Bennett,

escalated to

(Chriss,

However, beginning in the 1970s, children

go to the grocery store and I

control

drug use, sexual promis-cuity,

and so forth ... the discourse of addiction

many other social activities

social control

or quasi-legal

and death, but also an ever-expanding

serves as a good illustration.

might have resulted in a variety

and teachers (primary

oflegal, administrative

aggression and violence,

watching television,

diagnosed as a medical condition.

control their

of accident, injury

gambling,

using the Internet,

numbers

the

was perceived not only to as his sister attests, though

medicalization

of the behavior

of both Bud and his parents: unnoticed

now ... he will continue to be

not least because our parents

mayfear their

ow

INTRODUCTION labeling

asinadequate

parents.

Because hyperactivity

our parents are not condemned (Bennett,

a medical disorder,

but given sympathy. The label is comforting

for us all.

1990, p. 107)

From the

medical social control

perspecti