CCJ3011 1ChiricosCriminologyWhat is Crime?- Socially constructed meaning- Essay: nothing in a behavior & it’s consequences that make it criminalo Not the behavior but only the meaning by social audiences that label it that makes it criminal- Rodney King- commanded by police to be obediento Beating not given the label of assault by social audiences*o Social audiences did not give behavior label of crime. Not behavior that determines crime, but the people**- No more force than necessary- determined by society- Prosecutor gives official meaning of crimeSocial Audiences- Any other who can or does assign meaning to a behavior, a person, a situation, activity, etc. with the Authority and power to do soo Formal audiences- Exist for purpose of assigning meaning E.g: Jury- at fault (guilty) or not- Judge- Police- probable cause to become involved?- Congres- Clergy- Interpret meaning already written down. However, they can exist for other purposes (administrative, counseling)- Prosecutor- Fashion magazines- Critics- food, movie, literatureo Informal- doesn’t exist to give meaning. No power & authority but still does so E.g. Individuals such as ourselves(gossiping, etc)- Can be silent- body language- Descriptive meanings- Don’t express judgment: just what it is- Normative meanings- crime: involve implicit or explicit judgment. Should or Should not.- Meanings vary by social audience. Audiences vary bay circumstances, experiences, interestsDescriptive vs. Normative Meanings- DescriptiveCCJ3011 2Chiricoso Identifies something- Normativeo Involve judgment. Implicitly/ Explicitly warrant action Command, mobilize potential action1. Intended to ensure predictability of action2. Minimize threata. Physicalb. Material- possessionsc. Social-status, identityd. Symbolic-values, ideals3. Promote solidarityCriminal Law as a Distinctive Normative Meaning- Emile Durkheim- criminal law is designed for solidarity1. Specificity of terms2. Uniformity of applicationo Applies to everyone in some way- not in practiceo For every 220 crimes that occur, only 100 are reported. 22 result in arrest. 5 result in meaning of crime being given(convicted)3. Politicality of Origino In the name of the state. Seeks punishment in own name. Meanings articulated by state Guidelines, state constitution, environmental laws, schools, licenses, “delinquent, enemy, tax payer”o For whom does the state speak? Consensual will of its people Will of elites among its people o Religious- Puritans, Mass. Bay Colongy; Talibano Party/ Political- sovient Union; Chinao Economic elites- tax makers, lawo MilitaryConsensus as the basis for the meaning of Crime- Emile Durkheim- criminal law expression of “collective conscience” o Widley shared, strongly held values- civil, property, family, procedural, admin. Laws reflect interests of individuals sanctions w/ the above laws are different criminal lawsCCJ3011 3ChiricosSanctions Are:- Restitutive- make individual whole, no extra pain, restoration - Criminal law repressive, not restitutive. Painful sanctions- Seriousness of crimes rated by different people. o Correlation between diverse groups is relatively consistent I.E: (seriousness from high to low) murder, plane jacking, armed robbery, lower crimesLimitations of the consensus view- Application of meaning in concrete has discrepancies among different peopleo Consensus in abstract everyone agrees, but when applied to real life, ther is disagreement- Who speaks for the state?o Crime is state articulated meaning & enforcemento “Common law crime” constructed by royal trained judges (early England)o Senate- Not exact representation of population. Skewed towards older, rich, white malesWho speaks for the state- Chicken v. Egg Issueo Consensus first, articulated later Consensus can be product of articulated meanings by elites Elite meaning can be amplified(media) to manufactured consensus- Herbert Marcuse- One dimensional thought (Top Down)o Meaning filters down from elites to the masses- Gramscio Hegemonic consciousness Ideas filter down from elite and feel like consensus- Millso Hierarchy of credibility Seems natural that ideas articulated from power has more value & credibility- “He’s more powerful, must be right”- Index of serious crime- known to police; murder, rape, burglary, larceny, aggravated assault, auto theft, robbery o “crime rate”o Formulated in 1930’s (depression-unemployment)CCJ3011 4Chiricoso 92% of crimes involve property*o 62% larceny- taking(no assault)o >1 % violent crime*- B/T jan, aug of 1987, 400% increase media discourse of crack cocaine- 1986-1989 arrest for cocaine increased 65%, incarceration increased 214%- 1993 420% increase in media coverage of violent crime& juvenile vilenceo During this time violence had decreased slightlyo Manufactured consensus- media manufactured meaningLimitations of the Consensus View(cont.)- Durkheim- collective conscienceo As society moves from simple, rural agrarian types to complex, urban industrial society, the collective conscience should diminisho If basis of meaning of crime has become more complex, criminal law should decrease, but has been increasingo “Durkheim Dilemma” collective conscience diminishing, why has crime law increased? The common meaning is no longer there- more diversified- Pattern of harms excluded from meaning of crime, exclusion doesn’t reflect consensus bases.o Disproportionately committed by powerful
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