Criminal Behavior Systems: A Typology 0030912539

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Marshall

B.

Clinard

CMMIIML

BEHAVIOR SYSTEMS

Criminal

Behavior Systems A Typology

Criminal

Behavior Systems A

Typology Second Edition

Marshall B. Clinard University of Wisconsin

Richard Quinney New

York University

i

HOLT, RINEHART AND WINSTON, INC. York Chicago San Francisco Atlanta Dallas Montreal Toronto London Sydney

New

Copyright

© 1973, 1967 by Holt, Rinehart and Winston,

All rights reserved

Library of Congress Catalog Card Number: 72-87094

ISBN: 0-03-091253-9 Printed in the United States of America

3456

090

9876543

Inc.

t

I

To Ruth and Valerie

—

Preface

Criminal behavior covers a great variety of violations of criminal laws. For purposes of explanation this behavior must be broken down into types. In this book, after discussing the construction of types of crime, we formulate

and

typology of criminal behavior systems.

utilize a

continued progress in criminology will

We

believe that

depend greatly on the study of types

of criminal behavior.

The

first

edition of this

as a textbook

and

book appeared

in 1967. It has

been received both

as a substantial contribution to criminology.

The typology

has been reprinted and referred to frequently in other books. Nevertheless,

we

felt that

others to

the book needed considerable revision and were encouraged by

make some

substantive changes.

The new

edition no longer con-

but is a substantive and integrated discussion of a typology of criminal behavior systems. In the original edition, research articles on each type of criminal behavior followed the discussion. In this revision we have increased the discussion of each type and have incorporated

tains a collection of readings

who are interested in the separate may wish to consult the first edition. In this edition we have developed more fully the dimensions of our typology. In particular, we felt in the original formulation we had not properly considered how certain ojffenses relating to each type had become the research into our presentation. Those

research studies

defined as crimes nor the difiFerences in the legal processing of each type, a difference that affects each type of behavior. Consequently,

we have added

to our dimensions, previously consisting of "criminal career of the offender,"

"group support of criminal behavior," and "correspondence between criminal and legitimate behavior," the dimensions "legal aspects of selected offenses"

New

and

"societal reaction

and

legal processing."

material has been added to the discussion of each type, particularly

those sections on violent personal and political criminal behavior. type, corporate criminal behavior, has

types of criminal behavior

been added

violent personal, occasional property, public

order, conventional, political, occupational, organized, feel that this

new

A new

to the original eight

and professional.

We

type distinguishes between the complex criminal behavior

of large corporations also relates to the

and other kinds of occupational criminal behavior.

problems inherent

It

in corporate capitalism.

vii

via

Preface

our hope that this book will continue to be useful to criminologists formulating their own theories and research on criminal behavior and to

It is

in

students in the field of criminology.

We

are indebted to those

who have devoted much

research on types of criminal behavior.

time and

Our typology has grown

effort to

out of such

work.

'

Madison, Wisconsin Chapel Hill, North Carolina

September 1972

M.

B. C.

R. Q.

Contents

Preface

1.

TYPES OF CRIMINAL BEHAVIOR Typology Theoretical Dimensions for a Typology of Criminal Behavior A Typology of Criminal Behavior Systems

10

\ / \ U

14

r"

Organization of the Book

21

VIOLENT PERSONAL CRIMINAL BEHAVIOR

24

Legal Aspects of Selected Offenses Criminal Career of the Offender

25 21 29

Typologies in Criminology Principles of Criminal

2.

Group Support

of Criminal Behavior Correspondence between Criminal and Legitimate Behavior Societal Reaction and Legal Processing

3.

vii

J

2

\

16

45 48

Selected Bibliography

^^

OCCASIONAL PROPERTY CRIMINAL BEHAVIOR

SI

Legal Aspects of Selected Offenses Criminal Career of the Offender Group Support of Criminal Behavior Correspondence between Criminal and Legitimate Behavior Societal Reaction and Legal Processing Selected Bibliography

SI 60

62 1'^

74 11 ix

\ ,

Contents

X

4.

5.

6.

PUBLIC ORDER CRIMINAL BEHAVIOR

78

Legal Aspects of Selected Offenses Criminal Career of the Offender Group Support of Criminal Behavior

78 84

97

Correspondence between Criminal and Legitimate Behavior Societal Reaction and Legal Processing Decriminalization of Public Order Offenses

106 107

Selected Bibliography

128

CONVENTIONAL CRIMINAL BEHAVIOR

131

Legal Aspects of Selected Offenses Criminal Career of the Offender Group Support of Criminal Behavior

132 132 137

Correspondence between Criminal and Legitimate Behavior Societal Reaction and Legal Processing

142 145

Selected Bibliography

151

POLITICAL CRIMINAL BEHAVIOR

154

117

155

Legal Aspects of Selected Offenses I

U-

159

Group Support of Criminal Behavior C Correspondence between Criminal and Legitimate Behavior Societal Reaction and Legal Processing ]^ ]

170 174

Selected Bibliography

184^

Criminal Career of the Offender

] / '

^^^

'I

7.

q

OCCUPATIONAL CRIMINAL BEHAVIOR

187

Legal Aspects of Selected Offenses Criminal Career of the Offender

188

Group Support

193

of Criminal Behavior

Correspondence between Criminal and Legitimate Behavior and Legal Processing

Societal Reaction

8.

.^

191

195

Selected Bibliography

198 204

CORPORATE CRIMINAL BEHAVIOR

206

Legal Aspects of Selected Offenses Criminal Career of the Offender Group Support of Criminal Behavior Correspondence between Criminal and Legitimate Behavior Societal Reaction and Legal Processing Selected Bibliography

207 210 213

215 218 222

I

Contents 9.

ORGANIZED CRIMINAL BEHAVIOR

224

Legal Aspects of Selected OfiFenses

224

Criminal Career of the OfiFender

229 233

Group Support

of Criminal Behavior

Correspondence between Criminal and Legitimate Behavior Societal Reaction and Legal Processing

10.

xi

Selected Bibliography

238 240 244

PROFESSIONAL CRIMINAL BEHAVIOR

246

Legal Aspects of Selected Offenses Criminal Career of the Offender Group Support of Criminal Behavior

247 249 252

Correspondence between Criminal and Legitimate Behavior Societal Reaction and Legal Processing Selected Bibliography

256 258 262

Author Index

265

Subject Index

270

Criminal

Behavior Systems A Typology

Types

of

\

Criminal Beliavior We

A

way we

the world understandable.

ing

by generalizing beyond the unique and the

is

common

attempt to give meaning to our existence. Our

all

make

principal

goal

to

is

achieve understand-

particular.

Whether we

are entirely participants or sometime observers of the social scene,

we

understand largely by searching for the recurrent and uniform. We thus comprehend the world of concrete experience by abstraction. All phenomena, of course, are unique in time and space. Nothing ever recurs.

But

in order to

make our

in the infinite variety of

life.

experiences intelligible,

We

we make

sacrifices

construct images or concepts in our

attempt to "know" the world around

us.

These constructs are a reduction if they were sim-

of our experiences, a reduction that treats occurrences as

recurrent, and general. Events become comparable. ilar,

Thus, as with

all

human

are placed into categories.

Phenomena

endeavors, the systematic study of behavior

is

based on an ordering of the diversified world of discrete phenomena. This is accomplished in the sciences by the development of classifications or typologies. Concrete occurrences are ordered and compared by categorizing observations into classes or types. As abstractions, types necessarily deviate from the concrete in that they accentuate attributes relevant to a particular analysis. A type consists of characteristics that have empirical referents, although they may not be experienced directly in the form of a given type.

Typologies have been used for centuries in the study of physical and

human phenomena. For example, an important typology was created by the Swedish botanist Linnaeus two centuries ago when he developed the modern scientific classification of plants and animals. The use of typologies is common today, not only in botany, but in zoology, geography, geology, and other physical sciences. Similarly, in the area of human behavior, the scientist tion,

attempts to derive types, whether they be types of social organiza-

occupational types, or types of deviants.

The use

of types in the order-

phenomena has been instrumental in the development of the social sciences. Types not only reduce phenomena to more systematic observation; they also assist in the formulation of hypotheses and serve as guides for re-

ing of the diversities of observed

search.

The

construction of types

may

lead to theoretical formulation.

The

Types of Criminal Behavior constructed type, in fact, as

system

in itself

Hempel

by "(1) specifying

a

notes,

list

can serve as a theoretical

of characteristics with

which the

(2) formulating a set of hypotheses in terms of those characteristics, (3) giving those characteristics an empirical interpretation,

theory

is

and (4)

to deal,

as a long-range objective, incorporating the theoretical system as

more comprehensive

a 'special case' into a

Thus the construction

of types

theory."^

from a broad range of phenomena

necessary stage in the development of specific theories; possibility of formulating a

the

phenomena under

it

/

comprehensive theory for the explanation of

V

all

is,

indeed,

an interaction between theory construction and typology. While types may emerge from theory, they also are instrumental in the reformulation and expansion of theory. Typology and

\)

a

observation. And, conversely, a typology can be

derived from a general theory of a specified phenomenon. There ,

is

also ofiFers the

essential to the further

its

relation to theory construction are

development of general theory.

TYPOLOGIES IN CRIMINOLOGY j\ diverse and wide range of_behaviors

is

included in the_ category__of

crime.JThe oxic chara43teristic„which__aILthe behaviors hava-in

common

is

been de£ae£Las criminaL by^-fecognized. political, authority. Much of the work in criminology has been concerned with crime in general. Because of the increasing realization, however, that crime refers to a great variety of behaviors criminologi s ts have in r ecent years tu med_their attention to thejtud^jjf particular type of rrimp Thn