Assess the usefulness of functionalist approaches in explaining crime The functionalist approach to analysing deviance and the causes of crime looks at society as a whole. It explains crime that the source of criminal behaviour lies in the nature of society itself rather than in psychology or biology. Functionalists such as Durkheim see deviance as an inevitable and necessary part of society and too little is unhealthy. Some also consider crime to have positive aspects for society. In this essay we will assess the usefulness of these functionalist theories, and look at how it helps us explain crime.
This then lead for official statistics and the law enforcement to show a bias towards working class boys. This research shows how deviance only exists because people have decided to attach a label, thus the labelling theory is useful in explain how a deviant and criminal behaviour is classed as this. However, it fails to explain why some people certain crime and deviance in the first place before they are labelled. Also, as said in Item a ‘’deviant individuals are labelled when their actions are discovered and provoke reactions from society. However, this reaction will take differing forms, depending on how the nature of the action is perceived.’’ But as well as this, labelling theorists look at the effects and reaction it causes the individual to take.
‘Outline and explain ways in which data about crime is collected’ Crime can be defined as deviant activities that break the law in any particular society. Finding out how much crime takes place isn’t easy, and attempts to measure crime can prove misleading. This doesn’t mean that crime statistics aren’t affective, but it does mean that no single measure can be fully relied upon. Many sociologists see crime statistics as a social construction, as collecting crime data is a result of the cultural expectations of society, and by understanding who commits crime and what sorts of crimes are committed, we can get a clearer picture of why people commit crime in the first place. Different sociologists have presented different theories and concepts to explain what drives a person to commit a crime, and research and statistics give us an idea of the type of crimes committed and the places that they’re most likely to occur.
The labelling theory consists of the fact that external people for example higher middle class or forms of authority, labels other members in society as being criminals or being deviant. The labelling theory works like this: a form of authority or even common people instinctively have a stereotype or put certain members of society into certain categories therefore labelling people as being criminals or having deviant behaviour and therefore this makes the members of society being labelled, commit to a self fulfilling prophecy whereby they end up acting out what they have been pre-judged as. Interpretivists accept this concept is highly useful and valid as it is qualitative. However, positivists believe it is low in reliability and usefulness as data is not numerical and cannot be compared, or even that there is no data at all. Being a criminal or deviant could be seen to be a social construct and therefore this may mean that you could question what criminal activity is and whether this social construct is even right since it has been constructed by members of the society.
But in contrast there are very different at the same time. The crime control model is used in the criminal justice system for the prevention of crime. The crime control does not exclude that is possible to make a mistake, but based on the circumstances of the laws, the person is considered guilty until her or she is proven innocent. This model is based on old fashion laws which allow rapid and speedy convictions despite the mitigating factors of the case and the victim. The results, of the crime control model are wrongful convictions, being over-turned and this is a major downfall in the criminal justice system.
Stereotyping Criminals: It Matters A criminal is formally defined as a person who has committed a crime. And a crime is defined as an action that is considered an offense that may be prosecuted by the state. A Guilty person is defined as a person who is justly chargeable with a particular fault or error. Do you see any mention of someone’s guilt depending on the color of their skin or their sexuality in those definitions? You don’t, because our court system, in theory, in America is supposed to be based upon the idea of “innocent until proven guilty” not “innocent until proven stereotypically likely to have committed the crime”.
However subcultural theorists developed this idea claiming that people experiencing strain seek different forms of success. More specifically Cloward and Ohlin put forward the idea of the 'illegitimate opportunity structure’, which they used to explain subcultural crime. This structure was operable outside of the mainstream structure and ultimately lead to the attainment of success and money through deviant means. For example, Cloward and Ohlin argued that organized crimes such as the drugs trade could be explained by failures in mainstream capitalism. Cloward and Ohlin argue, that the majority of criminals involved in the drugs trade were unable to succeed within capitalism and were driven to an illegitimate means of obtaining wealth.
It does however explain why some people or actions are described as deviant, and can help in understanding crime and deviance. According to item A labelling has changed the theoretical base for the study of criminals. Becker emphasises the significance of crime being a social construct; an action only becomes criminal or deviant once society has labelled it so, and that crime can be argued to be a social construction. He introduced the concept of a master label, referring to the label which a person is given which overrides all other labels. When a person is labelled as negatively, society tends to tend them as such, and this master label often becomes internalised, and then a self-fulfilling prophecy occurs.
They believe that people may be biological more attracted to committing crime than others for example, they believe traits such as aggression and risk taking are inborn in the person and this causes them to commit crimes. They also think that the socialisation of the person leads to their tendency towards crime. They believe, like conservatives and new rightist, that the nuclear family is the best form of socialisation and avoiding crime Another right realist, Charles Murray, believes that the rising crime rates may be due to a rising ‘underclass’, those who are defined by deviant behaviour and fail to socialise their children properly. As mentioned in item a, right realists also believe that the state plays a big part in the rtes of crime. As people can rely on the state to supply them with money people are less encouraged to go out and work to end their money, fathers no longer need to support their children as lone parents can live off benefits, there
Unless the government is able to prove the existence of these elements, it can't obtain a conviction in a court of law. The due process model is a model of the criminal justice system that stresses that every criminal justice conclusion is built on scrupulous information. Due process stresses the adversarial process, the rights of defendant and the rights of the formal decision-making procedure. It is vital to realize that courts allow individuals to defend themselves based on entrapment, self-defense or insanity. These, however, must be proved appropriately to allow courts practice fairness in defenses.