Chapter 8 Crime and Criminal Justice

Public Concern about Crime

The American public is clearly concerned about crime. Two-thirds of the public said in a 2011 Gallup poll that crime had risen from the previous year. More than a third, 38 percent, said they would be “afraid to walk alone at night” within one mile of their residence; this figure translates to more than 86 million adults. In the same poll, 47 percent (or about 114 million adults) said they worry about their homes being burglarized, and 44 percent said they worry about thefts of or from their motor vehicles. Corresponding figures for other crimes were: experiencing identity theft, 67 percent; getting mugged, 34 percent; getting attacked while driving your car, 19 percent; being sexually assaulted, 22 percent (including 37 percent of women); and getting murdered, 20 percent (among the lowest figures in this list, but one that still amounts to 42 million adults worrying about being murdered).

Although the public is concerned about crime, at least some of this concern might exceed what the facts about crime would justify. For example, although most of the public, as we just noted, thinks the crime rate has been rising, this rate has actually been declining since the early 1990s. And although one-fifth of the public worries about getting murdered, homicides comprise less than one-tenth of 1 percent of all violent and property crime (street crime); only about 7 of every 100,000 Americans, or 0.007 percent, are murdered every year; homicide does not rank among the top ten causes of death (which include heart disease and cancer); and the number of homicides is much lower than the number of deaths from harmful behavior by corporations (such as pollution or unsafe products and workplaces). Crime is indeed a real problem, but public concern about crime may be higher than the facts warrant.

Media Myths

To the extent this is true, news media coverage of crime may be partly responsible (Robinson, 2011).Robinson, M. B. (2011). Media coverage of crime and criminal justice. Durham, NC: Carolina Academic Press. For example, if the television news and newspapers suddenly have several stories about a few sensational crimes, public concern about crime may jump, even though crime in general has not risen at all. Similarly, the news media have increased their crime coverage even when crime is falling, as happened during the early 1990s when the major US television networks more than doubled their nightly news stories about crime even though crime had been declining (Freeman, 1994).Freeman, M. (1994, March 14). Networks doubled crime coverage in ‘93, despite flat violence levels in US society. Mediaweek, 4, p. 4.

The news media, in fact, distort the amount and nature of crime in several ways (Surette, 2011).Surette, R. (2011). Media, crime, and criminal justice: Images, realities, and policies (4th ed.). Belmont, CA: Wadsworth. First, they overdramatize crime by reporting it in many news stories. Crime dominates news coverage in many newspapers and television newscasts, and, as just noted, the media may devote much coverage to a few sensational crimes and create the false impression that a “crime wave” is occurring when the crime rate may even be declining.

Second, the media devote particularly heavy coverage to violent crime, reflecting the common saying that “if it bleeds, it leads.” For example, more than 25 percent of the crime stories on evening newscasts and in newspapers concern homicide, even though homicide comprises less than 1 percent of all crime (Feld, 2003).Feld, B. C. (2003). The politics of race and juvenile justice: The “due process revolution” and the conservative reaction. Justice Quarterly, 20, 765–800. Similarly, the vast majority of crime stories feature violent crime, even though violent crime comprises only about 12–14 percent of all street crimes combined. Media attention to violent crime thus gives the public the false impression that most crime is violent when in fact most crime involves a theft of some sort (property crime).

The news media feature violent crime, even though violent crime comprises only a small portion of all crime.

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Third, the media tend to highlight crimes committed by African Americans or other people of color and crimes with white victims. A greater percentage of crime stories involve people of color as offenders than is true in arrest statistics. A greater percentage of crime stories also involve whites as victims than is actually true, and newspaper stories of white-victim crimes are longer than those of black-victim crimes. Crimes in which African Americans are the offenders and whites are the victims also receive disproportionate media coverage even though most crimes involve offenders and victims of the same race. In all these ways, the news media exaggerate the extent to which people of color commit crimes and the extent to which whites are victims of crimes.

Fourth, the media also tend to highlight crimes committed by youths. In one study of thousands of local newscast stories, about two-thirds of the stories about violence depicted youthful offenders, even though teenagers commit only about 14–16 percent of violent crime (Jackson, 1997).Jackson, D. Z. (1997, September 10). No wonder we’re afraid of youths. The Boston Globe, p. A15. In a related problem, media stories involving teenagers are much more likely to show them committing crime or other antisocial acts than committing good deeds or other positive behavior. In these ways, the news media convey a false impression that leads the public to believe both that youths commit much of our violent crime and that youth violence has been rising even though it has actually declined since the early 1990s.

Measuring Crime

It is surprisingly difficult to know how much crime occurs. Crime is not like the weather, when we all can see whether it is raining, snowing, or sunny. Usually when crime occurs, only the criminal and the victim, and sometimes an occasional witness, know about it. We thus have an incomplete picture of the crime problem, but because of various data sources we still have a pretty good understanding of how much crime exists and of who is most likely to commit it and be victimized by it.

The government’s primary source of crime data is the Uniform Crime Reports (UCR)The FBI’s regular compilation of crime statistics, most of them on Part I crimes., published annually by the Federal Bureau of Investigation. The FBI gathers its data from police departments around the country who tell the FBI about crimes that have come to their attention. The police also tell the FBI whether someone is arrested for the crime and, if so, the person’s age, gender, and race. The FBI gathers all these UCR data and reports them in an annual volume called Crime in the United States (Federal Bureau of Investigation, 2011).Federal Bureau of Investigation. (2011). Crime in the United States, 2010. Washington, DC: Author.

Most UCR data concern the so-called Part I CrimesThe FBI’s term for the major crimes included in the Uniform Crime Reports, including homicide, rape, robbery, aggravated assault, burglary, larceny, motor vehicle theft, and arson., eight felonies that the FBI considers the most serious. Four of these are violent crimes—homicide, rape, aggravated assault, and robbery—and four are property crimes—burglary, larceny (e.g., shoplifting, pick-pocketing, purse-snatching), motor vehicle theft, and arson.

According to the FBI, 1,246,248 violent crimes and 9,082,887 property crimes occurred in 2010, for a total of about 10.3 million. This is the nation’s official crime count, and by any standard it is a lot of crime. However, this number is much lower than it should be because more than half of all crime victims do not report their crimes to the police, and the police thus do not know about them. These unreported crimes represent “hidden” crimes or, as they are often called, the dark figure of crimeThe large number of crimes that do not come to the attention of the police and thus also not to the public.. Thus the true crime problem is much greater than suggested by the UCR.

This underreporting of crime represents a major problem for the UCR’s validity. Several other problems exist. First, the UCR excludes white-collar crimes and thus diverts attention away from their harm. Second, police practices affect the number of crimes listed in the UCR. For example, the police do not record every report they hear from a citizen as a crime. Sometimes they do not have the time to do so, and sometimes they do not believe the citizen. If they do not record the report, the FBI does not count it as a crime. If the police start recording more reports or fail to record even more reports, the official crime rate will rise or fall, respectively, even though the actual number of crimes has not changed. This fact has led to crime-reporting scandals during the past two decades, as police departments in several major cities failed to record many crimes or downgraded others (e.g., calling a rape a simple assault) in an apparent effort to make it appear as if the crime rate were falling (Hart, 2004).Hart, A. (2004, February 21). Report finds Atlanta police cut figures on crimes. New York Times, p. A1. In a third problem, if crime victims become more or less likely to report their crimes to the police (e.g., the advent of the 911 emergency number may have increased calls to the police), the official crime rate will again change, even if the actual number of crimes has not.

To get a more accurate picture of crime, the federal government began in the early 1970s to administer a survey, now called the National Crime Victimization Survey (NCVS)An annual survey conducted by the US Department of Justice that asks a representative sample of the American public about crimes they have suffered., to tens of thousands of randomly selected US households. People in the households are asked whether they or their residence has been the victim of several different types of crimes in the past half year. Their responses are then extrapolated to the entire US population to yield fairly accurate estimates of the actual number of crimes occurring in the nation. These estimates are thought to be more accurate than the UCR’s figures, even if it is true that victims sometimes might not want to tell NCVS interviewers what happened to them (Catalano, 2006).Catalano, S. M. (2006). The measurement of crime: Victim reporting and police recording. New York, NY: LFB Scholarly.

Table 8.1 "Number of Crimes: Uniform Crime Reports (UCR) and National Crime Victimization Survey (NCVS), 2010" lists the number of street crimes as reported by the UCR and estimated by NCVS. Note that these two crime sources do not measure exactly the crimes. For example, the NCVS excludes commercial crimes such as shoplifting, while the UCR includes them. The NCVS also includes simple assaults (where someone receives only a minor injury), while the UCR excludes them. These differences notwithstanding, we can still see that the NCVS estimates about 1.8 times as many crimes as the UCR reports to us. The dark figure of crime is large indeed.

A third source of crime information is the self-report surveyA survey given to individuals, usually adolescents, that asks them about offenses they have committed and usually about their families and other aspects of their lives.. Here subjects, usually adolescents, indicate on an anonymous questionnaire whether and how often they committed various offenses in, say, the past year. Typically, they also answer questions about their family relationships, school performance, and other aspects of their backgrounds. Self-report studies have yielded valuable information about delinquency and explanations of crime. Like the NCVS, they underscore how much crime is committed that does not come to the attention of the police.

Violent Crime

Even if, as our earlier discussion indicated, the news media exaggerate the problem of violent crime, it remains true that violent crime plagues many communities around the country and is the type of crime that most concerns Americans. The news story that began this chapter reminds us that violent crime is all too real for too many people; it traps some people inside their homes and makes others afraid to let their children play outside or even to walk to school. Rape and sexual assault are a common concern for many women and leads them to be more fearful of being victimized than men: In the 2011 Gallup poll mentioned earlier, 37 percent of women said they worried about being sexually assaulted, compared to only 6 percent of men (see Figure 8.1 "Gender and Worry about Being Sexually Assaulted (Percentage Saying They Worry “Frequently” or “Occasionally”)").

Figure 8.1 Gender and Worry about Being Sexually Assaulted (Percentage Saying They Worry “Frequently” or “Occasionally”)

Source: Data from Maguire, K. (Ed.). (2011). Sourcebook of criminal justice statistics. Retrieved from http://www.albany.edu/sourcebook.

Research on violent crime tends to focus on homicide and on rape and sexual assault. Homicide, of course, is considered the most serious crime because it involves the taking of a human life. As well, homicide data are considered more accurate than those for other crimes because most homicides come to the attention of the police and are more likely than other crimes to lead to an arrest. For its part, the focus on rape and sexual assault reflects the contemporary women’s movement’s interest in these related crimes beginning in the 1970s and the corresponding interest of criminologists, both female and male, in the criminal victimization of women.

Certain aspects of homicide are worth noting. First, although some homicides are premeditated, most in fact are relatively spontaneous and the result of intense emotions like anger, hatred, or jealousy (Fox, Levin, & Quinet, 2012).Fox, J. A., Levin, J., & Quinet, K. (2012). The will to kill: Making sense of senseless murder. Upper Saddle River, NJ: Prentice Hall. Two people may begin arguing for any number of reasons, and things escalate. A fight may then ensue that results in a fatal injury, but one of the antagonists may also pick up a weapon and use it. About 25–50 percent of all homicides are victim-precipitated, meaning that the eventual victim is the one who starts the argument or the first one to escalate it once it has begun.

Second, and related to the first aspect, most homicide offenders and victims knew each other before the homicide occurred. Indeed, about three-fourths of all homicides involve nonstrangers, and only one-fourth involve strangers. Intimate partners (spouses, ex-spouses, and current and former partners) and other relatives commit almost 30 percent of all homicides (Messner, Deane, & Beaulieu, 2002).Messner, S. F., Deane, G., & Beaulieu, M. (2002). A log-multiplicative association model for allocating homicides with unknown victim-offender relationships. Criminology, 40, 457–479. Thus although fear of a deadly attack by a stranger dominates the American consciousness, we in fact are much more likely on average to be killed by someone we know than by someone we do not know.

About two-thirds of homicides involve firearms, and half involve a handgun.

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Third, about two-thirds of homicides involve firearms. To be a bit more precise, just over half involve a handgun, and the remaining firearm-related homicides involve a shotgun, rifle, or another undetermined firearm. Combining these first three aspects, then, the most typical homicide involves nonstrangers who have an argument that escalates and then results in the use of deadly force when one of the antagonists uses a handgun.

Fourth, most homicides (as most violent crime in general) are intraracialIn criminology, the commission of crime by offenders against members of their own race or ethnicity., meaning that they occur within the same race; the offender and victim are of the same race. For single offender/single victim homicides where the race of both parties is known, about 90 percent of African American victims are killed by African American offenders, and about 83 percent of white victims are killed by white offenders (Federal Bureau of Investigation, 2011).Federal Bureau of Investigation. (2011). Crime in the United States, 2010. Washington, DC: Federal Author. Although whites fear victimization by African Americans more than by whites, whites in fact are much more likely to be killed by other whites than by African Americans. While African Americans do commit about half of all homicides, most of their victims are also African American.

Fifth, males commit about 90 percent of all homicides and females commit only 10 percent. As we discuss in Section 3.1 "Racial and Ethnic Inequality: A Historical Prelude", males are much more likely than women to commit most forms of crime, and this is especially true for homicide and other violent crime.

Sixth, the homicide rate is much higher in large cities than in small towns. In 2010, the homicide rate (number of homicides per 100,000 population) in cities with a population at or over 250,000 was 10.0 percent, compared to only 2.5 percent in towns with a population between 10,000 and 24,999 (see Figure 8.2 "Population Size and Homicide Rate, 2010"). Thus the risk for homicide is four times greater in large cities than in small towns. While most people in large cities certainly do not die from homicide, where we live still makes a difference in our chances of being victimized by homicide and other crime.

Figure 8.2 Population Size and Homicide Rate, 2010

Source: Data from Federal Bureau of Investigation. (2011). Crime in the United States, 2010. Washington, DC: Author.

Finally, the homicide rate rose in the late 1980s and peaked during the early 1990s before declining sharply until the early 2000s and then leveling off and declining a bit further since then. Although debate continues over why the homicide rate declined during the 1990s, many criminologists attribute the decline to a strong economy, an ebbing of gang wars over drug trafficking, and a decline of people in the 15–25 age group that commits a disproportionate amount of crime (Blumstein & Wallman, 2006).Blumstein, A., & Wallman, J. (Eds.). (2006). The crime drop in America (2nd ed.). Cambridge: Cambridge University Press. Some observers believe rising imprisonment rates also made a difference, and we return to this issue later in this chapter.

Rape and sexual assault were included in Chapter 4 "Gender Inequality"’s discussion of violence against women as a serious manifestation of gender inequality. As that chapter noted, it is estimated that one-third of women on the planet have been raped or sexually assaulted, beaten, or physically abused in some other way (Heise, Ellseberg, & Gottemoeller, 1999).Heise, L., Ellseberg, M., & Gottemoeller, M. (1999). Ending violence against women. Population Reports, 27(4), 1–44. While it is tempting to conclude that such violence is much more common in poor nations than in a wealthy nation like the United States, we saw in Chapter 4 "Gender Inequality" that violence against women is common in this nation as well. Like homicide, about three-fourths of all rapes and sexual assaults involve individuals who know each other, not strangers.

Property Crime

As noted earlier, the major property crimes are burglary, larceny, motor vehicle theft, and arson. These crimes are quite common in the United States and other nations and, as Table 8.1 "Number of Crimes: Uniform Crime Reports (UCR) and National Crime Victimization Survey (NCVS), 2010" indicated, millions occur annually in this country. Many Americans have installed burglar alarms and other security measures in their homes and similar devices in their cars and SUVs. While property crime by definition does not involve physical harm, it still makes us concerned, in part because it touches so many of us. Although property crime has in fact declined along with violent crime since the early 1990s, it still is considered a major component of the crime problem, because it is so common and produces losses of billions of dollars annually.

Much property crime can be understood in terms of the roles and social networks of property criminals. In this regard, many scholars distinguish between amateur theft and professional theft. Most property offenders are amateur offenders: They are young and unskilled in the ways of crime, and the amount they gain from any single theft is relatively small. They also do not plan their crimes and instead commit them when they see an opportunity for quick illegal gain. In contrast, professional property offenders tend to be older and quite skilled in the ways of crime, and the amount they gain from any single theft is relatively large. Not surprisingly, they often plan their crimes well in advance. The so-called cat burglar, someone who scales tall buildings to steal jewels, expensive artwork, or large sums of money, is perhaps the prototypical example of the professional property criminals. Many professional thieves learn how to do their crimes from other professional thieves, and in this sense they are mentored by the latter just as students are mentored by professors, and young workers by older workers.

White-Collar Crime

If you were asked to picture a criminal in your mind, what image would you be likely to think of first: a scruffy young male with a scowl or sneer on his face, or a handsome, middle-aged man dressed in a three-piece business suit? No doubt the former image would come to mind first, if only because violent crime and property crime dominate newspaper headlines and television newscasts and because many of us have been victims of violent or property crime. Yet white-collar crime is arguably much more harmful than street crime, both in terms of economic loss and of physical injury, illness, and even death.

What exactly is white-collar crimeCrime committed by people in the course of their occupations; Edwin Sutherland’s definition emphasized crime by people of high social status.? The most famous definition comes from Edwin Sutherland (1949, p. 9),Sutherland, E. H. (1949). White collar crime. New York, NY: Holt, Rinehart, and Winston. a sociologist who coined the term in the 1940s and defined it as “a crime committed by a person of respectability and high social status in the course of his occupation.” Sutherland examined the behavior of the seventy largest US corporations and found that they had violated the law hundreds of times among them. Several had engaged in crimes during either World War I or II; they provided defective weapons and spoiled food to US troops and even sold weapons to Germany and other nations the United States was fighting.

Although white-collar crime as studied today includes auto shop repair fraud and employee theft by cashiers, bookkeepers, and other employees of relatively low status, most research follows Sutherland’s definition in focusing on crime committed by people of “respectability and high social status.” Thus much of the study of white-collar crime today focuses on fraud by physicians, attorneys, and other professionals and on illegal behavior by executives of corporations designed to protect or improve corporate profits (corporate crime).

In the study of professional fraud, health-care fraud stands out for its extent and cost (Rosoff, Pontell, & Tillman, 2010).Rosoff, S. M., Pontell, H. N., & Tillman, R. (2010). Profit without honor: White collar crime and the looting of America (5th ed.). Upper Saddle River, NJ: Prentice Hall. Health-care fraud is thought to amount to more than $100 billion per year, compared to less than $20 billion for all property crime combined. For example, some physicians bill Medicare and private insurance for services that patients do not really need and may never receive. Medical supply companies sometimes furnish substandard equipment. To compensate for the economic loss it incurs, health-care fraud drives up medical expenses and insurance costs. In this sense, it steals from the public even though no one ever breaks into your house or robs you at gunpoint.

Although health-care and other professional fraud are serious, corporate crime dwarfs all other forms of white-collar crime in the economic loss it incurs and in the death, injury, and illness it causes. Corporate financial crime involves such activities as fraud, price fixing, and false advertising. The Enron scandal in 2001 involved an energy corporation whose chief executives exaggerated profits. After their fraud and Enron’s more dire financial state were finally revealed, the company’s stock plummeted and it finally went bankrupt. Its thousands of workers lost their jobs and pensions, and investors in its stock lost billions of dollars. Several other major corporations engaged in (or strongly suspected of doing so) accounting fraud during the late 1990s and early 2000s, but Enron was merely the most notorious example of widespread scandal that marked this period.

While corporate financial crime and corruption have cost the nation untold billions of dollars in this and earlier decades, corporate violenceActions by corporations that cause death, injury, or illness.—actions by corporations that kill or maim people or leave them ill—is even more scandalous. The victims of corporate violence include corporate employees, consumers of corporate goods, and the public as a whole. Annual deaths from corporate violence exceed the number of deaths from homicide, and illness and injury from corporate violence affect an untold number of people every year.

The asbestos industry learned in the 1930s that asbestos was a major health hazard, but it kept this discovery a secret for more than three decades.

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Employees of corporations suffer from unsafe workplaces in which workers are exposed to hazardous conditions and chemicals because their companies fail to take adequate measures to reduce or eliminate this exposure. Such exposure may result in illness, and exposure over many years can result in death. According to a recent estimate, more than 50,000 people die each year from workplace exposure (American Federation of Labor and Congress of Industrial Organizations [AFL-CIO], 2010),American Federation of Labor and Congress of Industrial Organizations (AFL-CIO). (2010). Death on the job: The toll of neglect. Washington, DC: Author. a figure about three times greater than the number of annual homicides. About 1,500 coal miners die each year from black lung disease, which results from the breathing of coal dust; many and perhaps most of these deaths would be preventable if coal mining companies took adequate safety measures (G. Harris, 1998).Harris, G. (1998, April 19). Despite laws, hundreds are killed by black lung. The Courier-Journal (Louisville, KY), p. A1. In another example, the asbestos industry learned during the 1930s that exposure to asbestos could cause fatal lung disease and cancer. Despite this knowledge, asbestos companies hid evidence of this hazard for more than three decades: They allowed their workers to continue to work with asbestos and marketed asbestos as a fire retardant that was widely installed in schools and other buildings. More than 200,000 asbestos workers and members of the public either have already died or are expected to die from asbestos exposure; most or all of these deaths could have been prevented if the asbestos industry had acted responsibly when it first discovered it was manufacturing a dangerous product (Lilienfeld, 1991).Lilienfeld, D. E. (1991). The silence: The asbestos industry and early occupational cancer research—a case study. American Journal of Public Health, 81, 791–800.

Unsafe products also kill or maim consumers. One of the most notorious examples of deaths from an unsafe product involved the Ford Pinto, a car first sold in the early 1970s that was vulnerable to fire and explosion when hit from behind in a minor rear-end collision (Cullen, Maakestad, & Cavender, 2006).Cullen, F. T., Maakestad, W. J., & Cavender, G. (2006). Corporate crime under attack: The fight to criminalize business violence. Cincinnati, OH: Anderson. Ford knew before the Pinto went on the market that its gas tank was unusually vulnerable in a rear-end collision and determined it would take about $11 per car to fix the problem. It then did a cost-benefit analysis to determine whether it would cost more to fix the problem or instead to settle lawsuits after Pinto drivers and passengers died or were burned and injured in rear-end collisions. This analysis indicated that Ford would save about $87 million if it did not fix the problem and instead paid out compensation after Pinto drivers and passengers died or got burned. Because Ford made this decision, about five hundred people eventually died in Pinto rear-end collisions and many others were burned.

The toll of white-collar crime, both financial and violent, is difficult to estimate, but by all accounts it exceeds the economic loss and death and injury from all street crime combined. White-collar crime is thought to involve an annual economic loss of more than $700 billion annually from corporate fraud, professional fraud, employee theft, and tax evasion and an annual toll of at least 100,000 deaths from workplace-related illness or injury, unsafe products, and preventable environmental pollution. These figures compare to an economic loss of less than $20 billion from property crime and a death toll of about 17,000 from homicide (Barkan, 2012).Barkan, S. E. (2012). Criminology: A sociological understanding (5th ed.). Upper Saddle River, NJ: Prentice Hall. By any measure, the toll of white-collar crime dwarfs the toll of street crime, even though the latter worries us much more than white-collar crime. Despite the harm that white-collar crime causes, the typical corporate criminal receives much more lenient punishment, if any, than the typical street criminal (Rosoff et al., 2010).Rosoff, S. M., Pontell, H. N., & Tillman, R. (2010). Profit without honor: White collar crime and the looting of America (5th ed.). Upper Saddle River, NJ: Prentice Hall.

Organized Crime

Organized crimeCriminal activity by groups or organizations whose major purpose for existing is to commit such crime. refers to criminal activity by groups or organizations whose major purpose for existing is to commit such crime. When we hear the term “organized crime,” we almost automatically think of the so-called Mafia, vividly portrayed in the Godfather movies and other films, that comprises several highly organized and hierarchical Italian American “families.” Although Italian Americans have certainly been involved in organized crime in the United States, so have Irish Americans, Jews, African Americans, and other ethnicities over the years. The emphasis on Italian domination of organized crime overlooks these other involvements and diverts attention from the actual roots of organized crime.

What are these roots? Simply put, organized crime exists and even thrives because it provides goods and/or services that the public demands. Organized crime flourished during the 1920s because it was all too ready and willing to provide an illegal product, alcohol, that the pubic continued to demand even after Prohibition began. Today, organized crime earns its considerable money from products and services such as illegal drugs, prostitution, pornography, loan sharking, and gambling. It also began long ago to branch out into legal activities such as trash hauling and the vending industry.

Government efforts against organized crime since the 1920s have focused on arrest, prosecution, and other law-enforcement strategies. Organized crime has certainly continued despite these efforts. This fact leads some scholars to emphasize the need to reduce public demand for the goods and services that organized crime provides. However, other scholars say that reducing this demand is probably a futile or mostly futile task, and they instead urge consideration of legalizing at least some of the illegal products and services (e.g., drugs and prostitution) that organized crime provides. Doing so, they argue, would weaken the influence of organized crime.

Consensual Crime

Consensual crimeIllegal behavior in which people participate voluntarily, including drug use, prostitution, and gambling. (also called victimless crime) refers to behaviors in which people engage voluntarily and willingly even though these behaviors violate the law. Illegal drug use, discussed in Chapter 7 "Alcohol and Other Drugs", is a major form of consensual crime; other forms include prostitution, gambling, and pornography. People who use illegal drugs, who hire themselves out as prostitutes or employ the services of a prostitute, who gamble illegally, and who use pornography are all doing so because they want to. These behaviors are not entirely victimless, as illegal drug users, for example, may harm themselves and others, and that is why the term consensual crime is often preferred over victimless crime. As just discussed, organized crime provides some of the illegal products and services that compose consensual crime, but these products and services certainly come from sources other than organized crime.

This issue aside, the existence of consensual crime raises two related questions that we first encountered in Chapter 7 "Alcohol and Other Drugs". First, to what degree should the government ban behaviors that people willingly commit and that generally do not have unwilling victims? Second, do government attempts to ban such behaviors do more good than harm or more harm than good? Chapter 7 "Alcohol and Other Drugs"’s discussion of these questions focused on illegal drugs, and in particular on the problems caused by laws against certain drugs, but similar problems arise from laws against other types of consensual crime. For example, laws against prostitution enable pimps to control prostitutes and help ensure the transmission of sexual diseases because condoms are not regularly used.

Critics of consensual crime laws say we are now in a new prohibition and that our laws against illegal drugs, prostitution, and certain forms of gambling are causing the same problems now that the ban on alcohol did during the 1920s and, more generally, cause more harm than good. Proponents of these laws respond that the laws are still necessary as an expression of society’s moral values and as a means, however imperfect, of reducing involvement in harmful behaviors.

Gender

Simply put, males commit much more crime than females. In UCR data, men comprise about 81 percent of all arrests for violent crime and about 63 percent of all arrests for property crime. (See Figure 8.3 "Gender and Arrest (Percentage of All Arrests)".) In the NCVS, victims report that males commit most of the violent crimes they experienced, and self-report studies find that males far outpace females in the commission of serious street offenses. When it comes to breaking the law, crime is a man’s world.

Figure 8.3 Gender and Arrest (Percentage of All Arrests)

Source: Data from Federal Bureau of Investigation. (2011). Crime in the United States, 2010. Washington, DC: Author.

The key question is why such a large gender difference exists. Some scholars attribute this difference to biological differences between the sexes, but most criminologists attribute it to sociological factors. One of these is gender role socialization: Despite greater recognition of gender roles, we continue to raise our boys to be assertive and aggressive, while we raise our girls to be gentle and nurturing (Lindsey, 2011).Lindsey, L. L. (2011). Gender roles: A sociological perspective (5th ed.). Upper Saddle River, NJ: Prentice Hall. Such gender socialization has many effects, and one of these is a large gender difference in criminal behavior. A second factor is opportunity. Studies find that parents watch their daughters more closely than they watch their sons, who are allowed to stay out later at night and thus have more opportunity to break the law.

Males have higher crime rates than females. An important reason for this gender difference is that boys are socialized to be assertive and aggressive, while girls are socialized to be gentle and nurturing.

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Age

Age also makes a difference in criminal behavior: Offending rates are highest in the late teens and early twenties and decline thereafter. Accordingly, people in the 15–24 age range account for about 40 percent of all arrests even though they comprise only about 14 percent of the population.

Several factors again seem to account for this pattern (Shoemaker, 2010).Shoemaker, D. J. (2010). Theories of delinquency: An examination of explanations of delinquent behavior (6th ed.). New York, NY: Oxford University Press. First, peer relationships matter more during this time of one’s life than later, and peers are also more likely during this period than later to be offenders themselves. For both reasons, our peer relationships during our teens and early twenties are more likely than those in our later years to draw us into crime. Second, adolescents and young adults are more likely than older adults to lack full-time jobs; for this reason, they are more likely to need money and thus to commit offenses to obtain money and other possessions. Third, as we age out of our early twenties, our ties to conventional society increase: Many people marry, have children, and begin full-time employment, though not necessarily in that order. These events and bonds increase our stakes in conformity, to use some social science jargon, and thus reduce our desire to break the law (Laub, Sampson, & Sweeten, 2006).Laub, J. H., Sampson, R. J., & Sweeten, G. A. (2006). Assessing Sampson and Laub’s life-course theory of crime. In F. T. Cullen (Ed.), Taking stock: The status of criminological theory (Vol. 15, pp. 313–333). New Brunswick, NJ: Transaction.

Social Class

Findings on social class differences in crime are less clear than they are for gender or age differences. Arrests statistics and much research indicate that poor people are much more likely than wealthier people to commit street crime. However, some scholars attribute the greater arrests of poor people to social class bias against them. Despite this possibility, most criminologists would probably agree that social class differences in criminal offending are “unmistakable” (Harris & Shaw, 2000, p. 138).Harris, A. R., & Shaw, J. A. W. (2000). Looking for patterns: Race, class, and crime. In J. F.Sheley (Ed.), Criminology: A contemporary handbook (3rd ed., pp. 129–163). Belmont, CA: Wadsworth. Reflecting this conclusion, one sociologist has even noted, with tongue only partly in cheek, that social scientists know they should not “stroll the streets at night in certain parts of town or even to park there” and that areas of cities that frighten them are “not upper-income neighborhoods” (Stark, 1987, p. 894).Stark, R. (1987). Deviant places: A theory of the ecology of crime. Criminology, 25, 893–911. Thus social class does seem to be associated with street crime, with poor individuals doing more than their fair share.

Explanations of this relationship center on the effects of poverty, which, as the next section will discuss further, is said to produce anger, frustration, and economic need and to be associated with a need for respect and with poor parenting skills and other problems that make children more likely to commit antisocial behavior when they reach adolescence and beyond. These effects combine to lead poor people to be more likely than wealthier people to commit street crime, even if it is true that most poor people do not commit street crime at all.

Although the poor are more likely than the wealthy to commit street crime, it is also true that the wealthy are much more likely than the poor to commit white-collar crime, which, as argued earlier, can be much more harmful than street crime. If we consider both street crime and white-collar crime, then there does not appear to be a social class-crime relationship, since the poor have higher rates of the former and the wealthy have higher rates of the latter.

Urban versus Rural Residence

Where we live also makes a difference for our likelihood of committing crime. We saw earlier that big cities have a much higher homicide rate than small towns. This trend exists for violent crime and property crime more generally. Urban areas have high crime rates in part because they are poor, but poverty by itself does not completely explain the urban-rural difference in crime, since many rural areas are poor as well. A key factor that explains the higher crime rates of urban areas is their greater population density (Stark 1987).Stark, R. (1987). Deviant places: A theory of the ecology of crime. Criminology, 25, 893–911. When many people live close together, they come into contact with one another more often. This fact means that teenagers and young adults have more peers to influence them to commit crime, and it also means that potential criminals have more targets (people and homes) for their criminal activity. Urban areas also have many bars, convenience stores, and other businesses that can become targets for potential criminals, and bars, taverns, and other settings for drinking can obviously become settings where tempers flare and violence ensues.

Race and Ethnicity

In discussing who commits crime, any discussion of race and ethnicity is bound to arouse controversy because of the possibility of racial and ethnic stereotyping. But if we can say that men and younger people have relatively high crime rates without necessarily sounding biased against individuals who are male or younger, then it should be possible to acknowledge that certain racial and ethnic groups have higher crime rates without sounding biased against them.

Keeping this in mind, race and ethnicity do seem to be related to criminal offending. In particular, much research finds that African Americans and Latinos have higher rates of street crime than non-Latino whites. For example, although African Americans comprise about 13 percent of the US population, they account for about 39 percent of all arrests for violent crime (see Figure 8.4 "Race and Arrest for Violent Crime (Percentage of All Violent Crime Arrests)").

Figure 8.4 Race and Arrest for Violent Crime (Percentage of All Violent Crime Arrests)

Source: Data from Federal Bureau of Investigation. (2011). Crime in the United States, 2010. Washington, DC: Author.

Latinos also have higher crime rates than non-Latino whites, but lower rates than those for African Americans. Although racial and ethnic bias by the criminal justice system may account for some of these racial/ethnic differences in offending, most criminologists agree that such differences do in fact exist for serious street crimes (Walker, Spohn, & DeLone, 2012).Walker, S., Spohn, C., & DeLone, M. (2012). The color of justice: Race, ethnicity, and crime in America (5th ed.). Belmont, CA: Wadsworth.

Why do these differences exist? A racist explanation would attribute them to biological inferiority of the groups, African Americans and Latinos, with the relatively high rates of offending. Such explanations were popular several generations ago but fortunately lost favor as time passed and attitudes changed. Today, scholars attribute racial/ethnic differences in offending to several sociological factors (Unnever & Gabbidon, 2011).Unnever, J. D., & Gabbidon, S. L. (2011). A theory of African American offending: Race, racism, and crime. New York, NY: Routledge. First, African Americans and Latinos are much poorer than whites on the average, and poverty contributes to higher crime rates. Second, they are also more likely to live in urban areas, which, as we have seen, also contribute to higher crime rates. Third, the racial and ethnic discrimination they experience leads to anger and frustration that in turn can promote criminal behavior. Although there is less research on Native Americans’ criminality, they, too, appear to have higher crime rates than whites because of their much greater poverty and experience of racial discrimination (McCarthy & Hagan, 2003).McCarthy, B., & Hagan, J. (2003). Sanction effects, violence, and native North American street youth. In D. F. Hawkins (Ed.), Violent crime: Assessing race and ethnic differences (pp. 117–137). Cambridge: Cambridge University Press.

In appreciating racial/ethnic differences in street crime rates, it is important to keep in mind that whites commit most white-collar crime, and especially corporate crime, as it is white people who lead and manage our many corporations. Just as social class affects the type of crime that people do, so do race and ethnicity. Wealthy, white people commit much crime, but it is white-collar crime they tend to commit, not street crime.

The Functional Perspective: Social Structure Theories

Social structure theories all stress that crime results from the breakdown of society’s norms and social organization and in this sense fall under the functional perspective outlined in Chapter 1 "Understanding Social Problems". They trace the roots of crime to problems in the society itself rather than to biological or psychological problems inside individuals. By doing so, they suggest the need to address society’s social structure in order to reduce crime. Several social structure theories exist.

The Interactionist Perspective: Social Process Theories

Social process theories all stress that crime results from the social interaction of individuals with other people, particularly their friends and family, and thus fall under the interactionist perspective outlined in Chapter 1 "Understanding Social Problems". They trace the roots of crime to the influence that our friends and family have on us and to the meanings and perceptions we derive from their views and expectations. By doing so, they indicate the need to address the peer and family context as a promising way to reduce crime.

Social process theories stress that crime results from social interaction. In particular, our friends influence our likelihood of committing crime or not committing crime.

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Labeling Theory

Our criminal justice system is based on the idea that the prospect of quick arrest and harsh punishment should deter criminal behavior. Labeling theoryThe view that being labeled deviant increases the chances of future deviance. has the opposite idea, as it assumes that labeling someone as a criminal or deviant, which arrest and imprisonment certainly do, makes the person more likely to continue to offend. This result occurs, argues the theory, because the labeling process gives someone a negative self-image, reduces the potential for employment, and makes it difficult to have friendships with law-abiding individuals.

When this man is released from prison, he will probably face difficulties in finding a job and starting friendships with law-abiding people. These difficulties will make him more likely to commit new crimes.

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Suppose, for example, that you were just released from prison after serving a five-year term for armed robbery. When you apply for a job and list your prison term on the application, how likely are you to get hired? If you are at a bar and meet someone who interests you and then tell the person where you were for the previous five years, what are the chances that the conversation will continue? Faced with bleak job prospects and a dearth of people who want to spend time with you, what are your alternatives? Might you not succumb to the temptation to hang out with other offenders and even to commit new crime yourself?

Although research findings are not unanimous, several studies do find that arrest and imprisonment increase future offending, as labeling theory assumes (Nagin, Cullen, & Jonson, 2009).Nagin, D. S., Cullen, F. T., & Jonson, C. L. (2009). Imprisonment and reoffending. Crime and Justice: A Review of Research, 38, 115–200. To the extent this undesired consequence occurs, efforts to stem juvenile and adult crime through harsher punishment may sometimes have the opposite result from their intention.

The Conflict Perspective

Several related theories fall under the conflict perspective outlined in Chapter 1 "Understanding Social Problems". Although they all have something to say about why people commit crime, their major focus is on the use and misuse of the criminal law and criminal justice system to deal with crime. Three branches of the conflict perspective exist in the study of crime and criminal justice.

The first branch is called group conflict theoryThe assumption that criminal law is shaped by the conflict among the various social groups in society that exist because of differences in race and ethnicity, social class, religion, and other factors., which assumes that criminal law is shaped by the conflict among the various social groups in society that exist because of differences in race and ethnicity, social class, religion, and other factors. Given that these groups compete for power and influence, the groups with more power and influence try to pass laws that ban behaviors in which subordinate groups tend to engage, and they try to use the criminal justice system to suppress subordinate group members. A widely cited historical example of this view is Prohibition, which was the result of years of effort by temperance advocates, most of them from white, Anglo-Saxon, rural, and Protestant backgrounds, to ban the manufacture, sale, and use of alcohol. Although these advocates thought alcohol use was a sin and incurred great social costs, their hostility toward alcohol was also motivated by their hostility toward the types of people back then who tended to use alcohol: poor, urban, Catholic immigrants. Temperance advocates’ use of legal means to ban alcohol was, in effect, a “symbolic crusade” against people toward whom these advocates held prejudicial attitudes (Gusfield, 1963).Gusfield, J. R. (1963). Symbolic crusade: Status politics and the American temperance movement. Urbana, IL: University of Illinois Press.

The second branch of the conflict perspective is called radical theoryA view that highlights the importance of (economic) social classes more than the importance of religion, ethnicity, and other social group characteristics in shaping the creation and operation of criminal law.. Radical theory makes the same general assumptions as group conflict theory about the use of criminal law and criminal justice, but with one key difference: It highlights the importance of (economic) social class more than the importance of religion, ethnicity, and other social group characteristics. In this way, radical theory evokes the basic views of Karl Marx on the exploitation and oppression of the poor and working class by the ruling class (Lynch & Michalowski, 2006).Lynch, M. J., & Michalowski, R. J. (2006). Primer in radical criminology: Critical perspectives on crime, power and identity (4th ed.). Monsey, NY: Criminal Justice Press.

An early but still influential radical explanation of crime was presented by Dutch criminologist Willem Bonger (1916).Bonger, W. (1916). Criminality and economic conditions (H. P. Horton, Trans.). Boston, MA: Little, Brown. Bonger blamed the high US crime rate on its economic system, capitalism. As an economic system, he said, capitalism emphasizes the pursuit of profit. Yet, if someone gains profit, someone else is losing it. This emphasis on self-gain, he said, creates an egoistic culture in which people look out for themselves and are ready and even willing to act in a way that disadvantages other people. Amid such a culture, he said, crime is an inevitable outcome. Bonger thought crime would be lower in socialist societies because they place more emphasis on the welfare of one’s group than on individual success.

Feminist approaches comprise the third branch of the conflict perspective on the study of crime and criminal justice. Several such approaches exist, but they generally focus on at least one of four areas: (1) the reasons girls and women commit crime; (2) the reasons female crime is lower than male crime; (3) the victimization of girls and women by rape, sexual assault, and domestic violence; and (4) the experience of women professionals and offenders in the criminal justice system.

Regarding the first area, the research generally finds that girls and women commit crime for the same reasons that boys and men commit crime: poverty, parental upbringing, and so forth. But it also finds that both women and men “do gender” when they commit crime. That is, they commit crime according to gender roles, at least to some extent. Thus one study found that women robbers tend to rob other women and not to use a gun when they do so (J. Miller & Brunson, 2000).Miller, J., & Brunson, R. K. (2000). Gender dynamics in youth gangs: A comparison of males’ and females’ accounts. Justice Quarterly, 17, 419–448.

In addressing the second area, on why female crime is less common than male crime, scholars often cite two reasons discussed earlier: gender role socialization and gender-based differences in parental supervision. One additional reason derives from social bonding theory: Girls feel closer to their parents than boys do, and thus are less delinquent (Lanctôt & Blanc, 2002).Lanctôt, N., & Blanc, M. L. (2002). Explaining deviance by adolescent females. Crime and Justice: A Review of Research, 29, 113–202.

One important area of feminist-inspired work on crime and criminal justice involves studies of women police officers.

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We have already commented on the victimization of women from rape, sexual assault, and domestic violence, but the study of this topic began with work by feminist criminologists during the 1970s. Since that time, innumerable works have addressed this type of victimization, which is also thought to contribute to girls’ delinquency and, more generally, female drug and alcohol abuse (Chesney-Lind & Jones, 2010).Chesney-Lind, M., & Jones, N. (Eds.). (2010). Fighting for girls: New perspectives on gender and violence. Albany, NY: State University of New York Press.

The final area for feminist work addresses women professionals and offenders in the criminal justice system. This body of research certainly goes beyond the scope of this book, but it documents the many blatant and subtle forms of discrimination that women face as police, attorneys, judges, prison guards, and other professionals (Muraskin, 2012).Muraskin, R. (Ed.). (2012). Women and justice: It’s a crime (5th ed.). Upper Saddle River, NJ: Prentice Hall. A primary task of research on women offenders is to determine how they fare in the criminal justice system compared to male offenders. Studies tend to find that females receive somewhat more lenient treatment than males for serious offenses and somewhat harsher treatment for minor offenses, although some studies conclude that gender does not make too much of a difference one way or the other (Chesney-Lind & Pasko, 2004).Chesney-Lind, M., & Pasko, L. (2004). The female offender: Girls, women, and crime (2nd ed.). Thousand Oaks, CA: Sage Publications.

Police

The police are our first line of defense against crime and criminals and for that reason are often called “the thin blue line.” Police officers realize that their lives may be in danger at any time, and they also often interact with suspects and other citizens whose hostility toward the police is quite evident. For these reasons, officers typically develop a working personality that, in response to the danger and hostility police face, tends to be authoritarian and suspicious (Skolnick, 1994).Skolnick, J. H. (1994). Justice without trial: Law enforcement in democratic society (3rd ed.). New York, NY: Macmillan. Indeed, it is not too far-fetched to say that police-citizen relations are characterized by mutual hostility and suspicion (Dempsey & Forst, 2012).Dempsey, J. S., & Forst, L. S. (2012). An introduction to policing (6th ed.). Belmont, CA: Cengage Learning.

Two aspects of police behavior are especially relevant for a textbook on social problems. The first is police corruption. No one knows for sure how much police corruption occurs, but low-level corruption (e.g., accepting small bribes and stealing things from stores while on patrol) is thought to be fairly common, while high-level corruption (e.g., accepting large bribes and confiscating and then selling illegal drugs) is thought to be far from rare. In one study involving trained researchers who rode around in police cars, more than one-fifth of the officers being observed committed some corruption (Reiss, 1980).Reiss, A. J., Jr. (1980). Officer violations of the law. In R. J. Lundman (Ed.), Police behavior: A sociological perspective (pp. 253–272). New York, NY: Oxford University Press. Several notorious police scandals have called attention to rampant corruption amid some police forces. One scandal more than three decades ago involved New York City officer Frank Serpico, whose story was later documented in a best-selling book (Maas, 1973)Maas, P. (1973). Serpico. New York, NY: Viking Press. and in a tension-filled film starring Al Pacino. After Serpico reported high-level corruption to his superiors, other officers plotted to have him murdered and almost succeeded. A more recent scandal involved the so-called Rampart Division in Los Angeles and involved dozens of officers who beat and shot suspects, stole drugs and money, and lied at the trials of the people they arrested (Glover & Lait, 2000).Glover, S., & Lait, M. (2000, February 10). Police in secret group broke law routinely, transcripts say. The Los Angeles Times, p. A1.

The other relevant behavior is police brutality or, to use a less provocative term, the use of undue (also called unjustified or excessive) force by police. Police, of course, are permitted and even expected to use physical force when necessary to subdue suspects. Given the context of police work noted earlier (feelings of danger and suspicion) and the strong emotions at work in any encounter between police and suspects, it is inevitable that some police will go beyond the bounds of appropriate force and commit brutality. An important question is how much police brutality occurs. In a recent national survey, about 1 percent of US residents who had had an encounter with the police in 2008 believed that excessive force was used against them (Eith & Durose, 2011).Eith, C., & Durose, M. R. (2011). Contacts between police and the public, 2008. Washington, DC: Bureau of Justice Statistics. This is a low figure in percentage terms, but still translates to 417,000 people who may have been victims of police brutality in one year.

How well do the police prevent crime? To answer this question, let us be clear what it is asking. The relevant question is not whether having the police we do have keeps us safer than having no police at all. Rather, the relevant question is whether hiring more police or making some specific change in police practice would lower the crime rate. The evidence on this issue is complex, but certain conclusions are in order.

In terms of crime reduction, the ways in which police are deployed matter more than the actual number of police.

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First, simply adding more officers to a city’s existing police force will probably not reduce crime, or will reduce it only to a very small degree and at great expense (Walker, 2011).Walker, S. (2011). Sense and nonsense about crime, drugs, and communities: A policy guide (7th ed.). Belmont, CA: Wadsworth. Several reasons may explain why additional police produce small or no reductions in crime. Much violence takes place indoors or in other locations far from police purview, and practical increases in police numbers still would not yield numbers high enough to guarantee a police presence in every public location where crime might happen. Because criminals typically think they can commit a crime with impunity if no police are around, the hiring of additional police is not likely to deter them.

Additional police may not matter, but how police are deployed does matter. In this regard, a second conclusion from the policing and crime literature is that directed patrol involving the consistent deployment of large numbers of police in high-crime areas (“hot spots”) can reduce crime significantly (Mastrofski, Weisburd, & Braga, 2010).Mastrofski, S. D., Weisburd, D., & Braga, A. A. (2010). Rethinking policing: The policy implications of hot spots of crime. In N. A. Frost, J. D. Freilich & T. R. Clear (Eds.), Contemporary issues in criminal justice policy (pp. 251–264). Belmont, CA: Wadsworth. Crackdowns—in which the police flood a high crime and drug neighborhood, make a lot of arrests, and then leave—have at most a short-term effect, with crime and drug use eventually returning to their previous levels or simply becoming displaced to other neighborhoods.

Criminal Courts

In the US legal system, suspects and defendants enjoy certain rights and protections guaranteed by the Constitution and Bill of Rights and provided in various Supreme Court rulings since these documents were written some 220 years ago. Although these rights and protections do exist and again help distinguish our democratic government from authoritarian regimes, in reality the criminal courts often fail to achieve the high standards by which they should be judged. Justice Denied (Downie, 1972)Downie, L., Jr. (1972). Justice denied: The case for reform of the courts. Baltimore, MD: Penguin Books. and Injustice for All (Strick, 1978)Strick, A. (1978). Injustice for all. New York, NY: Penguin. were the titles of two popular critiques of the courts written about four decades ago, and these titles continue to apply to the criminal courts today.

A basic problem is the lack of adequate counsel for the poor. Wealthy defendants can afford the best attorneys and get what they pay for: excellent legal defense. An oft-cited example here is O. J. Simpson, the former football star and television and film celebrity who was arrested and tried during the mid-1990s for allegedly killing his ex-wife and one of her friends (Barkan, 1996).Barkan, S. E. (1996). The social science significance of the O. J. Simpson case. In G. Barak (Ed.), Representing O. J.: Murder, criminal justice and mass culture (pp. 36–42). Albany, NY: Harrow and Heston. Simpson hired a “dream team” of nationally famous attorneys and other experts, including private investigators, to defend him at an eventual cost of some $10 million. A jury acquitted him, but a poor defendant in similar circumstances almost undoubtedly would have been found guilty and perhaps received a death sentence.

Almost all criminal defendants are poor or near poor. Although they enjoy the right to free legal counsel, in practice they receive ineffective counsel or virtually no counsel at all. The poor are defended by public defenders or by court-appointed private counsel, and either type of attorney simply has far too many cases in any time period to handle adequately. Many poor defendants see their attorneys for the first time just moments before a hearing before the judge. Because of their heavy caseloads, the defense attorneys do not have the time to consider the complexities of any one case, and most defendants end up pleading guilty.

A 2006 report by a New York state judicial commission reflected these problems (Hakim, 2006, p. B1).Hakim, D. (2006, June 29). Judge urges state control of legal aid for the poor. New York Times, p. B1. The report concluded that “local governments were falling well short of constitutional requirements in providing legal representation to the poor,” according to a news story. Some New York attorneys, the report found, had an average yearly caseload of 1,000 misdemeanors and 175 felonies. The report also found that many poor defendants in 1,300 towns and villages throughout the state received no legal representation at all. The judge who headed the commission called the situation “a serious crisis.”

Another problem is plea bargainingAn agreement between the prosecution and defense that a criminal defendant will plead guilty, usually in return for a reduced sentence., in which a defendant agrees to plead guilty, usually in return for a reduced sentence. Under our system of justice, criminal defendants are entitled to a trial by jury if they want one. In reality, however, most defendants plead guilty, and criminal trials are very rare: Fewer than 3 percent of felony cases go to trial. Prosecutors favor plea bargains because they help ensure convictions while saving the time and expense of jury trials, while defendants favor plea bargains because they help ensure a lower sentence than they might receive if they exercised their right to have a jury trial and then were found guilty. However, this practice in effect means that defendants are punished if they do exercise their right to have a trial. Critics of this aspect say that defendants are being coerced into pleading guilty even when they have a good chance of winning a not guilty verdict if their case went to trial (Oppel, 2011).Oppel, R. A., Jr. (2011, September 26). Sentencing shift gives new leverage to prosecutors. New York Times, p. A1.

The Problem of Prisons

The United States now houses more than 1.5 million people in state and federal prisons and more than 750,000 in local jails. This total of about 2.3 million people behind bars is about double the 1990 number and yields an incarceration rate that is by far the highest rate of any Western democracy. This high rate is troubling, and so is the racial composition of American prisoners. More than 60 percent of all state and federal prisoners are African American or Latino, even though these two groups comprise only about 30 percent of the national population. As Chapter 7 "Alcohol and Other Drugs" noted, African Americans and Latinos have been arrested and imprisoned for drug offenses far out of proportion to their actual use of illegal drugs. This racial/ethnic disparity has contributed to what law professor Michelle Alexander (2010)Alexander, M. (2010). The new Jim Crow: Mass incarceration in the age of colorblindness. New York, NY: New Press. terms the “new Jim Crow” of mass incarceration. Reflecting her concern, about one of every three young African American males are under correctional supervision (in jail or prison or on probation or parole).

The corrections system costs the nation more than $75 billion annually. What does the expenditure of this huge sum accomplish? It would be reassuring to know that the high US incarceration rate keeps the nation safe and even helps reduce the crime rate, and it is certainly true that the crime rate would be much higher if we had no prisons at all. However, many criminologists think the surge in imprisonment during the last few decades has not helped reduce the crime rate at all or at least in a cost-efficient manner (Durlauf & Nagin, 2011).Durlauf, S. N., & Nagin, D. S. (2011). Imprisonment and crime: Can both be reduced? Criminology & Public Policy, 10, 13–54. Greater crime declines would be produced, many criminologists say, if equivalent funds were instead spent on crime prevention programs instead of on incarceration (Welsh & Farrington, 2007),Welsh, B. C., & Farrington, D. P. (Eds.). (2007). Preventing Crime: What works for children, offenders, victims and places. New York, NY: Springer. a point returned to in Section 8.6 "Reducing Crime".

Criminologists also worry that prison may be a breeding ground for crime because rehabilitation programs such as vocational training and drug and alcohol counseling are lacking and because prison conditions are substandard. They note that more than 700,000 inmates are released from prison every year and come back into their communities ill equipped to resume a normal life. There they face a lack of job opportunities (how many employers want to hire an ex-con?) and a lack of friendships with law-abiding individuals, as our earlier discussion of labeling theory indicated. Partly for these reasons, imprisonment ironically may increase the likelihood of future offending (Durlauf & Nagin, 2011).Durlauf, S. N., & Nagin, D. S. (2011). Imprisonment and crime: Can both be reduced? Criminology & Public Policy, 10, 13–54.

Living conditions behind bars merit further discussion. A common belief of Americans is that many prisons and jails are like country clubs, with exercise rooms and expensive video and audio equipment abounding. However, this belief is a myth. Although some minimum-security federal prisons may have clean, adequate facilities, state prisons and local jails are typically squalid places. As one critique summarized the situation, “Behind the walls, prisoners are likely to find cramped living conditions, poor ventilation, poor plumbing, substandard heating and cooling, unsanitary conditions, limited private possessions, restricted visitation rights, constant noise, and a complete lack of privacy” (Kappeler & Potter, 2005, p. 293).Kappeler, V. E., & Potter, G. W. (2005). The mythology of crime and criminal justice (4th ed.). Prospect Heights, IL: Waveland Press.

Some Americans probably feel that criminals deserve to live amid overcrowding and squalid living conditions, while many Americans are probably at least not very bothered by this situation. But this situation increases the odds that inmates will leave prison and jail as more of a threat to public safety than when they were first incarcerated. Treating inmates humanely would be an important step toward successful reentry into mainstream society.

Focus on the Death Penalty

The death penalty is perhaps the most controversial issue in the criminal justice system today. The United States is the only Western democracy that sentences common criminals to death, as other democracies decided decades ago that civilized nations should not execute anyone, even if the person took a human life. About two-thirds of Americans in national surveys favor the death penalty, with their reasons including the need for retribution (“an eye for an eye”), deterrence of potential murderers, and lower expenditure of public funds compared to a lifetime sentence. Social science evidence is irrelevant to the retribution argument, which is a matter for philosophy and theology, but it is relevant to many other aspects of the death debate. Taken together, the evidence on all these aspects yields a powerful case against the death penalty (Death Penalty Information Center, 2011).Death Penalty Information Center. (2011). Facts about the death penalty. Washington, DC: Author. Retrieved from http://www.deathpenaltyinfo.org/documents/FactSheet.pdf.

First, capital punishment does not deter homicide: Almost all studies on this issue fail to find a deterrent effect. An important reason for this stems from the nature of homicide. As discussed earlier, it is a relatively spontaneous, emotional crime. Most people who murder do not sit down beforehand to calculate their chances of being arrested, convicted, and executed. Instead they lash out. Premeditated murders do exist, but the people who commit them do not think they will get caught and so, once again, are not deterred by the potential for execution.

Second, the death penalty is racially discriminatory. While some studies find that African Americans are more likely than whites who commit similar homicides to receive the death penalty, the clearest evidence for racial discrimination involves the race of the victim: Homicides with white victims are more likely than those with African American victims to result in a death sentence (Paternoster & Brame, 2008).Paternoster, R., & Brame, R. (2008). Reassessing race disparities in Maryland capital cases. Criminology, 46, 971–1007. Although this difference is not intended, it suggests that the criminal justice system values white lives more than African American lives.

The death penalty is racially discriminatory and does not deter homicide.

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Third, many people have been mistakenly convicted of capital offenses, raising the possibility of wrongful executions. Sometimes defendants are convicted out of honest errors, and sometimes they are convicted because the police and/or prosecution fabricated evidence or engaged in other legal misconduct. Whatever their source, wrongful convictions of capital offenses raise the ugly possibility that a defendant will be executed even though he was actually innocent of any capital crime. During the past four decades, more than 130 people have been released from death row after DNA or other evidence cast serious doubt on their guilt. In March 2011, Illinois abolished capital punishment, partly because of concern over the possibility of wrongful executions. As the Illinois governor summarized his reasons for signing the legislative bill to abolish the death penalty, “Since our experience has shown that there is no way to design a perfect death penalty system, free from the numerous flaws that can lead to wrongful convictions or discriminatory treatment, I have concluded that the proper course of action is to abolish it” (Schwartz & Fitzsimmons, 2011:A18).Schwartz, J., & Fitzsimmons, E. G. (2011, March 10). Illinois governor signs capital punishment ban. New York Times, p. A18.

Fourth, executions are expensive. Keeping a murderer in prison for life costs about $1 million in current dollars (say 40 years at $25,000 per year), while the average death sentence costs the state about $2 million to $3 million in legal expenses.

This diverse body of evidence leads most criminologists to oppose the death penalty. In 1989, the American Society of Criminology adopted this official policy position on capital punishment: “Be it resolved that because social science research has demonstrated the death penalty to be racist in application and social science research has found no consistent evidence of crime deterrence through execution, The American Society of Criminology publicly condemns this form of punishment, and urges its members to use their professional skills in legislatures and courts to seek a speedy abolition of this form of punishment.”