Chapter 5 Deviance, Crime, and Social Control

Émile Durkheim: The Functions of Deviance

As noted earlier, Émile Durkheim said deviance is normal, but he did not stop there. In a surprising and still controversial twist, he also argued that deviance serves several important functions for society.

First, Durkheim said, deviance clarifies social norms and increases conformity. This happens because the discovery and punishment of deviance reminds people of the norms and reinforces the consequences of violating them. If your class were taking an exam and a student was caught cheating, the rest of the class would be instantly reminded of the rules about cheating and the punishment for it, and as a result they would be less likely to cheat.

A second function of deviance is that it strengthens social bonds among the people reacting to the deviant. An example comes from the classic story The Ox-Bow Incident (Clark, 1940),Clark, W. V. T. (1940). The ox-bow incident. New York, NY: Random House. in which three innocent men are accused of cattle rustling and are eventually lynched. The mob that does the lynching is very united in its frenzy against the men, and, at least at that moment, the bonds among the individuals in the mob are extremely strong.

A final function of deviance, said Durkheim, is that it can help to lead to positive social change. Although some of the greatest figures in history—Socrates, Jesus, Joan of Arc, Mahatma Gandhi, and Martin Luther King Jr. to name just a few—were considered the worst kind of deviants in their time, we now honor them for their commitment and sacrifice.

Sociologist Herbert Gans (1996)Gans, H. J. (1996). The war against the poor: The underclass and antipoverty policy. New York, NY: Basic Books. pointed to an additional function of deviance: deviance creates jobs for the segments of society—police, prison guards, criminology professors, and so forth—whose main focus is to deal with deviants in some manner. If deviance and crime did not exist, hundreds of thousands of law-abiding people in the United States would be out of work!

Although deviance can have all of these functions, many forms of it can obviously be quite harmful, as the story of the mugged voter that began this chapter reminds us. Violent crime and property crime in the United States victimize millions of people and households each year, while crime by corporations has effects that are even more harmful, as we discuss later. Drug use, prostitution, and other “victimless” crimes may involve willing participants, but these participants often cause themselves and others much harm. Although deviance according to Durkheim is inevitable and normal and serves important functions, that certainly does not mean the United States and other nations should be happy to have high rates of serious deviance. The sociological theories we discuss point to certain aspects of the social environment, broadly defined, that contribute to deviance and crime and that should be the focus of efforts to reduce these behaviors.

Social Ecology: Neighborhood and Community Characteristics

An important sociological approach, begun in the late 1800s and early 1900s by sociologists at the University of Chicago, stresses that certain social and physical characteristics of urban neighborhoods raise the odds that people growing up and living in these neighborhoods will commit deviance and crime. This line of thought is now called the social ecology approachThe view that certain characteristics of neighborhoods and communities influence the likelihood of committing deviance and crime. (Mears, Wang, Hay, & Bales, 2008).Mears, D. P., Wang, X., Hay, C., & Bales, W. D. (2008). Social ecology and recidivism: Implications for prisoner reentry. Criminology, 46, 301–340. Many criminogenic (crime-causing) neighborhood characteristics have been identified, including high rates of poverty, population density, dilapidated housing, residential mobility, and single-parent households. All of these problems are thought to contribute to social disorganizationThe weakening of social bonds and conventional social institutions in a community., or weakened social bonds and social institutions, that make it difficult to socialize children properly and to monitor suspicious behavior (Mears et al., 2008; Sampson, 2006).Mears, D. P., Wang, X., Hay, C., & Bales, W. D. (2008). Social ecology and recidivism: Implications for prisoner reentry. Criminology, 46, 301–340; Sampson, R. J. (2006). How does community context matter? Social mechanisms and the explanation of crime rates. In P.-O. H. Wikström & R. J. Sampson (Eds.), The explanation of crime: Context, mechanisms, and development. New York, NY: Cambridge University Press.

Strain Theory

Failure to achieve the American dream lies at the heart of Robert Merton’s (1938)Merton, R. K. (1938). Social structure and anomie. American Sociological Review, 3, 672–682. famous strain theoryRobert Merton’s view that deviance is caused by a failure to achieve the American goal of financial success through the conventional means of working. (also called anomie theory). Recall from Chapter 1 "Sociology and the Sociological Perspective" that Durkheim attributed high rates of suicide to anomie, or normlessness, that occurs in times when social norms are unclear or weak. Adapting this concept, Merton wanted to explain why poor people have higher deviance rates than the nonpoor. He reasoned that the United States values economic success above all else and also has norms that specify the approved means, working, for achieving economic success. Because the poor often cannot achieve the American dream of success through the conventional means of working, they experience a gap between the goal of economic success and the means of working. This gap, which Merton likened to Durkheim’s anomie because of the resulting lack of clarity over norms, leads to strain or frustration. To reduce their frustration, some poor people resort to several adaptations, including deviance, depending on whether they accept or reject the goal of economic success and the means of working. Table 5.2 "Merton’s Anomie Theory" presents the logical adaptations of the poor to the strain they experience. Let’s review these briefly.

Despite their strain, most poor people continue to accept the goal of economic success and continue to believe they should work to make money. In other words, they continue to be good, law-abiding citizens. They conform to society’s norms and values, and, not surprisingly, Merton calls their adaptation conformity.

Faced with strain, some poor people continue to value economic success but come up with innovative means of achieving it. They rob people or banks, commit fraud, or use other illegal means of acquiring money or property. Merton calls this adaptation innovation.

Other poor people continue to work at a job while really giving up all hope of improving their lot in life. They go to work day after day as a habit. Merton calls this third adaptation ritualism. This adaptation does not involve deviant behavior but is a logical response to the strain poor people experience.

In Merton’s fourth adaptation, retreatism, some poor people withdraw from society by becoming hobos or vagrants or by becoming addicted to alcohol, heroin, or other drugs. Their response to the strain they feel is to reject both the goal of economic success and the means of working.

Merton’s fifth and final adaptation is rebellion. Here poor people not only reject the goal of success and the means of working but work actively to bring about a new society with a new value system. These people are the radicals and revolutionaries of their time. Because Merton developed his strain theory in the aftermath of the Great Depression, in which the labor and socialist movements had been quite active, it is not surprising that he thought of rebellion as a logical adaptation of the poor to their lack of economic success.

Although Merton’s theory has been popular over the years, it has some limitations. Perhaps most important, it overlooks deviance such as fraud by the middle and upper classes and also fails to explain murder, rape, and other crimes that usually are not done for economic reasons. It also does not explain why some poor people choose one adaptation over another.

Merton’s strain theory stimulated other explanations of deviance that built on his concept of strain. Differential opportunity theoryRichard Cloward and Lloyd Ohlin’s view that differential access to illegitimate means helps determine the types of deviance in which poor people engage., developed by Richard Cloward and Lloyd Ohlin (1960),Cloward, R. A., & Ohlin, L. E. (1960). Delinquency and opportunity: A theory of delinquent gangs. New York, NY: Free Press. tried to explain why the poor choose one or the other of Merton’s adaptations. Whereas Merton stressed that the poor have differential access to legitimate means (working), Cloward and Ohlin stressed that they have differential access to illegitimate means. For example, some live in neighborhoods where organized crime is dominant and will get involved in such crime; others live in neighborhoods rampant with drug use and will start using drugs themselves.

In a more recent formulation, two sociologists, Steven F. Messner and Richard Rosenfeld (2007),Messner, S. F., & Rosenfeld, R. (2007). Crime and the American dream. Belmont, CA: Wadsworth. expanded Merton’s view by arguing that in the United States crime arises from several of our most important values, including an overemphasis on economic success, individualism, and competition. These values produce crime by making many Americans, rich or poor, feel they never have enough money and by prompting them to help themselves even at other people’s expense. Crime in the United States, then, arises ironically from the country’s most basic values.

In yet another extension of Merton’s theory, Robert Agnew (2007)Agnew, R. (2007). Pressured into crime: An overview of general strain theory. Los Angeles, CA: Roxbury Publishing Company. reasoned that adolescents experience various kinds of strain in addition to the economic type addressed by Merton. A romantic relationship may end, a family member may die, or students may be taunted or bullied at school. Repeated strain-inducing incidents such as these produce anger, frustration, and other negative emotions, and these emotions in turn prompt delinquency and drug use.

Deviant Subcultures

Some sociologists stress that poverty and other community conditions give rise to certain subcultures through which adolescents acquire values that promote deviant behavior. One of the first to make this point was Albert K. Cohen (1955),Cohen, A. K. (1955). Delinquent boys: The culture of the gang. New York, NY: Free Press. whose status frustration theoryAlbert Cohen’s view that delinquency results from school failure and the concomitant need to regain self-esteem by being successful in delinquent activities. says that lower-class boys do poorly in school because schools emphasize middle-class values. School failure reduces their status and self-esteem, which the boys try to counter by joining juvenile gangs. In these groups, a different value system prevails, and boys can regain status and self-esteem by engaging in delinquency. Cohen had nothing to say about girls, as he assumed they cared little about how well they did in school, placing more importance on marriage and family instead, and hence would remain nondelinquent even if they did not do well. Scholars later criticized his disregard for girls and assumptions about them.

Another sociologist, Walter Miller (1958),Miller, W. B. (1958). Lower class culture as a generating milieu of gang delinquency. Journal of Social Issues, 14, 5–19. said poor boys become delinquent because they live amid a lower-class subculture that includes several focal concernsWalter Miller’s term for the key values of lower-class subcultures., or values, that help lead to delinquency. These focal concerns include a taste for trouble, toughness, cleverness, and excitement. If boys grow up in a subculture with these values, they are more likely to break the law. Their deviance is a result of their socialization. Critics said Miller exaggerated the differences between the value system in poor inner-city neighborhoods and wealthier, middle-class communities (Akers & Sellers, 2008).Akers, R. L., & Sellers, C. S. (2008). Criminological theories: Introduction, evaluation, and application. New York, NY: Oxford University Press.

A very popular subcultural explanation is the so-called subculture of violenceMarvin Wolfgang and Franco Ferracuti’s term for the value system of poor, urban neighborhoods that calls for violent responses to insults and other interpersonal problems. thesis, first advanced by Marvin Wolfgang and Franco Ferracuti (1967).Wolfgang, M. E., & Ferracuti, F. (1967). The subculture of violence. London, England: Social Science Paperbacks. In some inner-city areas, they said, a subculture of violence promotes a violent response to insults and other problems, which people in middle-class areas would probably ignore. The subculture of violence, they continued, arises partly from the need of lower-class males to “prove” their masculinity in view of their economic failure. Quantitative research to test their theory has failed to show that the urban poor are more likely than other groups to approve of violence (Cao, Adams, & Jensen, 1997).Cao, L., Adams, A., & Jensen, V. J. (1997). A test of the black subculture of violence thesis: A research note. Criminology, 35, 367–379. On the other hand, recent ethnographic (qualitative) research suggests that large segments of the urban poor do adopt a “code” of toughness and violence to promote respect (Anderson, 1999).Anderson, E. (1999). Code of the street: Decency, violence, and the moral life of the inner city. New York, NY: W. W. Norton. As this conflicting evidence illustrates, the subculture of violence view remains controversial and merits further scrutiny.

Social Control Theory

Travis Hirschi (1969)Hirschi, T. (1969). Causes of delinquency. Berkeley, CA: University of California Press. argued that human nature is basically selfish and thus wondered why people do not commit deviance. His answer, which is now called social control theoryTravis Hirschi’s view that deviance results from weak bonds to conventional social institutions, such as the family and schools. (also known as social bonding theory), was that their bonds to conventional social institutions such as the family and the school keep them from violating social norms. Hirschi’s basic perspective reflects Durkheim’s view that strong social norms reduce deviance such as suicide.

Hirschi outlined four types of bonds to conventional social institutions. The first is attachment, which refers to how much we feel loyal to these institutions and care about the opinions of people in them, such as our parents and teachers. The more attached we are to our families and schools, the less likely we are to be deviant. The second type is commitment, which refers to how much we value our participation in conventional activities such as getting a good education. The more committed we are to these activities and the more time and energy we have invested in them, the less deviant we will be. The third dimension is involvement, or the amount of time we spend in conventional activities. The more time we spend, the less opportunity we have to be deviant. The final type of bond is belief, which refers to our acceptance of society’s norms. The more we believe in these norms, the less we deviate.

Hirschi’s theory has been very popular. Many studies find that youths with weaker bonds to their parents and schools are more likely to be deviant. But the theory has its critics (Akers & Sellers, 2008).Akers, R. L., & Sellers, C. S. (2008). Criminological theories: Introduction, evaluation, and application. New York, NY: Oxford University Press. One problem centers on the “chicken and egg” question of causal order. For example, many studies support social control theory by finding that delinquent youths often have worse relationships with their parents than do nondelinquent youths. Is that because the bad relationships prompt the youths to be delinquent, as Hirschi thought? Or is it because the youths’ delinquency worsens their relationship with their parents? Despite these questions, Hirschi’s social control theory continues to influence our understanding of deviance. To the extent it is correct, it suggests several strategies for preventing crime, including programs designed to improve parenting and relations between parents and children (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.

Feminist Perspectives

Feminist perspectives on crime and criminal justice also fall into the broad rubric of conflict explanations and have burgeoned in the last two decades. Much of this work concerns rape and sexual assault, intimate partner violence, and other crimes against women that were largely neglected until feminists began writing about them in the 1970s (Griffin, 1971).Griffin, S. (1971, September). Rape: The all-American crime. Ramparts, pp. 26–35. Their views have since influenced public and official attitudes about rape and domestic violence, which used to be thought as something that girls and women brought on themselves. The feminist approach instead places the blame for these crimes squarely on society’s inequality against women and antiquated views about relations between the sexes (Renzetti, 2011).Renzetti, C. (2011). Feminist criminology. Manuscript submitted for publication.

Another focus of feminist work is gender and legal processing. Are women better or worse off than men when it comes to the chances of being arrested and punished? After many studies in the last two decades, the best answer is that we are not sure (Belknap, 2007).Belknap, J. (2007). The invisible woman: Gender, crime, and justice. Belmont, CA: Wadsworth. Women are treated a little more harshly than men for minor crimes and a little less harshly for serious crimes, but the gender effect in general is weak.

A third focus of feminist work is the causes of female deviance and crime. Several studies find that the poverty, negative community conditions, and other factors that affect male criminality also affect female criminality. But they also find that the sexual abuse many girls suffer is a particular cause of many of their behavior problems, including prostitution and drug and alcohol abuse (Chesney-Lind & Pasko, 2004).Chesney-Lind, M., & Pasko, L. (2004). The female offender: Girls, women, and crime. Thousand Oaks, CA: Sage.

A final area concerns why females commit less crime than males. Most sociologists attribute this difference to gender socialization. Simply put, socialization into the male gender role, or masculinity, leads to values such as competitiveness and behavioral patterns such as spending more time away from home that all promote deviance. Conversely, despite whatever disadvantages it may have, socialization into the female gender role, or femininity, promotes values such as gentleness and behavior patterns such as spending more time at home that help limit deviance (Chesney-Lind & Pasko, 2004).Chesney-Lind, M., & Pasko, L. (2004). The female offender: Girls, women, and crime. Thousand Oaks, CA: Sage . Noting that males commit so much crime, Kathleen Daly and Meda Chesney-Lind (1988, p. 527)Daly, K., & Chesney-Lind, M. (1988). Feminism and criminology. Justice Quarterly, 5, 497–538. wrote,

A large price is paid for structures of male domination and for the very qualities that drive men to be successful, to control others, and to wield uncompromising power.…Gender differences in crime suggest that crime may not be so normal after all. Such differences challenge us to see that in the lives of women, men have a great deal more to learn.

Two decades later, that challenge still remains.

Differential Association Theory

One popular set of explanations, often called learning theories, emphasizes that deviance is learned from interacting with other people who believe it is OK to commit deviance and who often commit deviance themselves. Deviance, then, arises from normal socialization processes. The most influential such explanation is Edwin H. Sutherland’s (1947)Sutherland, E. H. (1947). Principles of criminology. Philadelphia, PA: J. P. Lippincott. differential association theoryEdwin Sutherland’s view that deviance stems from interacting with primary group members who commit deviance and have values conducive to deviance., which says that criminal behavior is learned by interacting with close friends and family members. These individuals teach us not only how to commit various crimes but also the values, motives, and rationalizations that we need to adopt in order to justify breaking the law. The earlier in our life that we associate with deviant individuals and the more often we do so, the more likely we become deviant ourselves. In this way, a normal social process, socialization, can lead normal people to commit deviance.

Sutherland’s theory of differential association was one of the most influential sociological theories ever. Over the years much research has documented the importance of adolescents’ peer relationships for their entrance into the world of drugs and delinquency (Akers & Sellers, 2008).Akers, R. L., & Sellers, C. S. (2008). Criminological theories: Introduction, evaluation, and application. New York, NY: Oxford University Press. However, some critics say that not all deviance results from the influences of deviant peers. Still, differential association theory and the larger category of learning theories it represents remain a valuable approach to understanding deviance and crime.

Techniques of Neutralization

Recall the view on deviant subcultures discussed earlier. Gresham M. Sykes and David Matza (1957)Sykes, G. M., & Matza, D. (1957). Techniques of neutralization: A theory of delinquency. American Sociological Review, 22, 664–670. said this view ignores the fact that adolescents who commit delinquency often feel guilty or ashamed for doing so. They thus must come up with justifications for why it is OK to commit deviance. In short, they must “neutralize” their potential guilt or shame. Sykes and Matza said five such rationalizations, or techniques of neutralizationGresham Sykes and David Matza’s term for the rationalizations and justifications individuals arrive at before committing deviance., exist.

The first is denial of responsibility. Youths rationalize that because outside forces, such as the influence of deviant friends, are prompting them to break the law, they are not responsible for doing so. The second technique of neutralization is denial of injury. Here youths contemplating law breaking reason that no one will really be hurt by their actions. The third rationalization is denial of the victim. Would-be delinquents reason that their potential victim deserves what is about to happen. A store’s prices are far too high, so you decide to steal from it. The fourth is condemnation of the condemners. In this technique of neutralization, youths condemn police and other aspects of society as hopelessly corrupt and in no position to criticize the youths’ own behavior. The final technique of neutralization is appeal to higher loyalties. In this rationalization, potential lawbreakers reason that they need to break the law in order to help a friend, a family member, or another member of their primary groups.

Sykes and Matza’s theory has received mixed reviews. On the one hand, many adolescents undoubtedly do feel guilty about breaking the law and must engage in techniques of neutralization before they can do so. On the other hand, some delinquents may not rationalize their behavior until after they have already broken the law, which is not what Sykes and Matza thought (Hamlin, 1988).Hamlin, J. E. (1988). The misplaced role of rational choice in neutralization theory. Criminology, 267, 425–438. Critics also question Sykes and Matza’s assumption that delinquents feel guilty about their behavior.

Labeling Theory

If we arrest and imprison someone, we hope they will be “scared straight,” or deterred from committing a crime again. Labeling theoryThe view that extralegal factors affect whether someone acquires a deviant label and that being labeled deviant increases the chances of future deviance. assumes precisely the opposite: it says that labeling someone deviant increases the chances that the labeled person will continue to commit deviance. According to labeling theory, this happens because the labeled person ends up with a deviant self-image that leads to even more deviance. Deviance is the result of being labeled (Bohm & Vogel, 2011).Bohm, R. M., & Vogel, B. (2011). A primer on crime and delinquency theory (3rd ed.). Manuscript submitted for publication.

This effect is reinforced by how society treats someone who has been labeled. Research shows that job applicants with a criminal record are much less likely than those without a record to be hired (Pager, 2009).Pager, D. (2009). Marked: Race, crime, and finding work in an era of mass incarceration. Chicago, IL: University of Chicago Press. Suppose you had a criminal record and had seen the error of your ways but were rejected by several potential employers. Do you think you might be just a little frustrated? If your unemployment continues, might you think about committing a crime again? Meanwhile, you want to meet some law-abiding friends, so you go to a singles bar. You start talking with someone who interests you, and in response to this person’s question, you say you are between jobs. When your companion asks about your last job, you reply that you were in prison for armed robbery. How soon will it take for your companion to make an excuse like going to the bathroom, never to be seen again by you?

As this scenario suggests, being labeled deviant can make it difficult to avoid a continued life of deviance. Although this consequence seems very plausible, the empirical evidence of the effects of being labeled is actually mixed (Akers & Sellers, 2008).Akers, R. L., & Sellers, C. S. (2008). Criminological theories: Introduction, evaluation, and application. New York, NY: Oxford University Press. Supporting labeling theory, some studies find that offenders treated more harshly by the criminal justice system are more apt to commit new offenses than those treated less harshly, but other studies find the opposite to be true. Still other studies find little effect of labeling one way or the other. Contrary to labeling theory, most studies also find that labeling does not worsen the self-image of those labeled.

Labeling theory also asks whether some people and behaviors are indeed more likely than others to acquire a deviant label. In particular, it asserts that nonlegal factors such as appearance, race, and social class affect how often official labeling occurs.

William Chambliss’s (1973)Chambliss, W. J. (1973). The saints and the roughnecks. Society, 11, 24–31. classic analysis of the “Saints” and the “Roughnecks” is an excellent example of this argument. The Saints were eight male high-school students from middle-class backgrounds who were very delinquent, while the Roughnecks were six male students in the same high school who were also very delinquent but who came from poor, working-class families. Although the Saints’ behavior was arguably more harmful than the Roughnecks’, their actions were considered harmless pranks, and they were never arrested. After graduating from high school, they went on to college and graduate and professional school and ended up in respectable careers. In contrast, the Roughnecks were widely viewed as troublemakers and often got into trouble for their behavior. As adults they either ended up in low-paying jobs or went to prison.

Although again labeling theory’s view of this process sounds quite plausible, empirical support for this view is in fact mixed. Some studies find that extralegal factors such as appearance, race, class, and gender do affect the chances of arrest and other official labeling, but other studies find these factors do not matter very much (Walker, Spohn, & DeLone, 2007).Walker, S., Spohn C., & DeLone, M. (2007). The color of justice: Race, ethnicity, and crime in America. Belmont, CA: Wadsworth. Despite the mixed evidence for labeling theory’s two central assumptions on the effects of labeling and on possible biases in labeling, it has greatly influenced the study of deviance and crime in the last few decades and promises to do so for many years to come.

White-Collar Crime

White-collar crimeCrime committed in the course of one’s occupation. is crime committed as part of one’s occupation. It ranges from fraudulent repairs by auto repair shops to corruption in the high-finance industry to unsafe products and workplaces in some of our largest corporations. It also includes employee theft of objects and cash. Have you ever taken something without permission from a place where you worked? Whether or not you have, many people steal from their employees, and the National Retail Federation estimates that employee theft involves some $20 billion annually (National Retail Federation, 2007).National Retail Federation. (2007, June 11). Retail losses hit $41.6 billion last year, according to National Retail Security Survey [Press release]. Retrieved from http://www.nrf.com/modules.php?name=News&op=viewlive&sp_id=318 White-collar crime also includes health-care fraud, which is estimated to cost some $100 billion a year as, for example, physicians and other health-care providers bill Medicaid for exams and tests that were never done or were unnecessary (Rosoff, Pontell, & Tillman, 2010).Rosoff, S. M., Pontell, H. N., & Tillman, R. (2010). Profit without honor: White collar crime and the looting of America. Upper Saddle River, NJ: Prentice Hall. And it also involves tax evasion: the IRS estimates that tax evasion costs the government some $300 billion annually, a figure many times greater than the cost of all robberies and burglaries (Montgomery, 2007).Montgomery, L. (2007, April 16). Unpaid taxes tough to recover. The Washington Post, p. A1.

One of the most serious recent examples of white-collar crime came to light in December 2008, when it was discovered that 70-year-old investment expert Bernard Madoff had engaged in a Ponzi scheme (in which new investments are used to provide the income for older investments) since the early 1990s in which he defrauded thousands of investors of an estimated $50 billion, the largest such scandal in U.S. history (Creswell & Thomas, 2009).Creswell, J., & Thomas, L., Jr. (2009, January 25). The talented Mr. Madoff. The New York Times, p. BU1. Madoff pleaded guilty in February 2009 to 11 felonies, including securities fraud and money laundering, and was sentenced to 150 years in prison (Henriques & Healy, 2009).Henriques, D. B., & Healy, J. (2009, March 13). Madoff goes to jail after guilty pleas. The New York Times, p. A1.

Some of the worst crime is committed by our major corporations (corporate crime). As just one example, price fixing in the corporate world costs the U.S. public about $60 billion a year (Simon, 2006).Simon, D. R. (2006). Elite deviance. Boston, MA: Allyn & Bacon. Even worse, an estimated 50,000 workers die each year from workplace-related illnesses and injuries that could have been prevented if companies had obeyed regulatory laws and followed known practices for safe workplaces (AFL-CIO, 2007).AFL-CIO. (2007). Death on the job: The toll of neglect. Washington, DC: AFL-CIO. A tragic example of this problem occurred in April 2010, when an explosion in a mining cave in West Virginia killed 29 miners. It was widely thought that a buildup of deadly gases had caused the explosion, and the company that owned the mine had been cited many times during the prior year for safety violations related to proper gas ventilation (Urbina, 2010).Urbina, I. (2010, April 10). No survivors found after West Virginia mine disaster. The New York Times, p. A1.

Corporations also make deadly products. In the 1930s the asbestos industry first realized their product was dangerous but hid the evidence of its danger, which was not discovered until 40 years later. In the meantime thousands of asbestos workers came down with deadly asbestos-related disease, and the public was exposed to asbestos that was routinely put into buildings until its danger came to light. It is estimated that more than 200,000 people will eventually die from asbestos (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.

Asbestos is not the only unsafe product. The Consumer Product Safety Commission and the U.S. Centers for Disease Control and Prevention estimate that about 10,000 Americans die annually from dangerous products, including cars, drugs, and food (Consumer Product Safety Commission, 2003; Petersen & Drew, 2003).U.S. Consumer Product Safety Commission. (2003). Annual report to Congress, 2002. Washington, DC: Author; Petersen, M., & Drew, C. (2003, October 9). New safety rules fail to stop tainted meat. The New York Times, p. A1. In perhaps the most notorious case, Ford Motor Company marketed the Pinto even though company officials knew the gas tank could catch fire and explode when hit from the rear end at low speeds. Ford had determined it could fix each car’s defect for $11 but that doing so would cost it more money than the amount of lawsuits it would eventually pay to the families of dead and burned Pinto victims if it did not fix the defect. Because Ford decided not to fix the defect, many people—estimates range from two dozen up to 500—people died in Pinto accidents (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. In a more recent example involving a motor vehicle company, Toyota was fined $16.4 million by the federal government in April 2010 for allegedly suppressing evidence that its vehicles were at risk for sudden acceleration. The government’s announcement asserted that Toyota “knowingly hid a dangerous defect for months from U.S. officials and did not take action to protect millions of drivers and their families” (Maynard, 2010, p. A1).Maynard, M. (2010, April 6). U.S. is seeking a fine of $16.4 million against Toyota. The New York Times, p. A1.

Corporations also damage the environment, as the BP oil spill that began in April 2010 reminds us. Because federal laws are lax or nonexistent, corporations can and do pollute the environment with little fear of serious consequences. According to one report, one-fifth of U.S. landfills and incinerators and one-half of wastewater treatment plants violate health regulations (Armstrong, 1999).Armstrong, D. (1999, November 16). U.S. lagging on prosecutions. The Boston Globe, p. A1. It is estimated that between 50,000 and 100,000 Americans and 300,000 Europeans die every year from the side effects (including heart disease, respiratory problems, and cancer) of air pollution (BBC News, 2005);BBC News. (2005, February 21). Air pollution causes early deaths. Retrieved from http://news.bbc.co.uk/2/hi/health/4283295.stm many of these deaths would not occur if corporations followed the law and otherwise did not engage in unnecessary pollution of the air, water, and land. Critics also assert that laws against pollution are relatively weak and that government enforcement of these laws is often lax.

Is white-collar crime worse than conventional crime? The evidence seems to say yes. A recent estimate put the number of deaths from white-collar crime annually at about 110,000, compared to “only” 16,000 to 17,000 from homicide. The financial cost of white-collar crime to the public was also estimated at about $565 billion annually, compared to about $18 billion from conventional crime (Barkan, 2012).Barkan, S. E. (2012). Criminology: A sociological understanding (5th ed.). Upper Saddle River, NJ: Prentice Hall. Although we worry about conventional crime much more than white-collar crime, the latter harms the public more in terms of death and financial costs.

Victimless Crime

Victimless crimeIllegal behavior in which people participate voluntarily, including drug use, prostitution, and gambling. is illegal behavior in which people willingly engage and in which there are no unwilling victims. The most common examples are drug use, prostitution, pornography, and gambling. Many observers say these crimes are not really victimless, even if people do engage in them voluntarily. For example, many drug users hurt themselves and members of their family from their addiction and the physical effects of taking drugs. Prostitutes put themselves at risk for sexually transmitted disease and abuse by pimps and customers. Illegal gamblers can lose huge sums of money. Although none of these crimes is truly victimless, the fact that the people involved in them are not unwilling victims makes victimless crime different from conventional crime.

Victimless crime raises controversial philosophical and sociological questions. The philosophical question is this: should people be allowed to engage in behavior that hurts themselves (Meier & Geis, 2007)Meier, R. F., & Geis, G. (2007). Criminal justice and moral issues. New York, NY: Oxford University Press.? For example, our society lets adults smoke cigarettes, even though tobacco use kills several hundred thousand people every year. We also let adults gamble legally in state lotteries, at casinos and racetracks, and in other ways. We obviously let people of all ages eat “fat food” such as hamburgers, candy bars, and ice cream. Few people would say we should prohibit these potentially harmful behaviors. Why, then, prohibit the behaviors we call victimless crime? Some scholars say that any attempt to decide which behaviors are so unsafe or immoral that they should be banned is bound to be arbitrary, and they call for these bans to be lifted. Others say that the state does indeed have a legitimate duty to ban behavior the public considers unsafe or immoral and that the present laws reflect public opinion on which behaviors should be banned.

The sociological question is just as difficult to resolve: do laws against victimless crimes do more harm than good (Meier & Geis, 2007)?Meier, R. F., & Geis, G. (2007). Criminal justice and moral issues. New York, NY: Oxford University Press. Some scholars say these laws in fact do much more harm than good, and they call for the laws to be abolished or at least reconsidered for several reasons: the laws are ineffective even though they cost billions of dollars to enforce, and they lead to police and political corruption and greater profits for organized crime. Laws against drugs further lead to extra violence, as youth gangs and other groups fight each other to corner the market for the distribution of drugs in various neighborhoods. The opponents of victimless crime laws commonly cite the example of Prohibition during the 1920s, where the banning of alcohol led to all of these problems, which in turn forced an end to Prohibition by the early 1930s. If victimless crimes were made legal, opponents add, the government could tax the behaviors now banned and collect billions of additional tax dollars.

Those in favor of laws against victimless crimes cite the danger these behaviors pose for the people engaging in them and for the larger society. If we made drugs legal, they say, even more people would use them, and even more death and illness would occur. Removing the bans against behaviors such as drug use and prostitution, these proponents add, would imply that these behaviors are acceptable in a civil society.

The debate over victimless crimes and victimless crime laws will not end soon, as both sides have several good points to make. One thing that is clear is that our current law enforcement approach is not working. More than 1 million people are arrested annually for drug use and trafficking and other victimless crimes, but there is little evidence that using the law in this manner has lowered people’s willingness to take part in victimless crime behavior (Meier & Geis, 2007).Meier, R. F., & Geis, G. (2007). Criminal justice and moral issues. New York, NY: Oxford University Press. Perhaps it is not too rash to say that a serious national debate needs to begin on the propriety of the laws against victimless crimes to determine what course of action makes the most sense for American society.