Who is the Criminal?
Author(s): Paul W. Tappan
Source: American Sociological Review, Vol. 12, No. 1 (Feb., 1947), pp. 96-102
Published by: American Sociological Association
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WHO IS THE CRIMINAL?*
PAUL W. TAPPAN
New YorkUniversity
WHAT
IS CRIME? As a lawyer-sociolo-the growthof a scientific systemof hypoth-
gist,the writerfindsperturbing the eses possessinguniversalvalidity.'
currentconfusionon thisimportant Recent protestantsagainst the orthodox
issue.Importantbecause it delimitsthesub- conceptionsof crime and criminalare di-
ject matterof criminological A versein theirviews: theyuniteonlyin their
investigation.
criminologist who strivesto aid in formulat- denial of the allegedlylegalisticand arbi-
ing thebeginnings of a sciencefindshimself trary doctrinethat those convictedunder
in an increasinglyequivocal position.He the criminallaw are the criminalsof our
studiesthecriminalsconvictedby thecourts societyand in promotingthe confusionas
and is then confoundedby the growing to the properprovinceof criminology. It is
clamorthathe is not studyingthereal crim- enoughhereto examinebrieflya fewof the
inal at all, but an insignificant proportionof currentschismswitha view to the difficul-
non-representative and stupid unfortunates tiesat whichtheyarrive.
who happenedto have becomeenmeshedin
technicallegal difficulties. It has become a I
fashionto maintainthattheconvictedpopu- A numberof criminologists today main-
lationis no propercategoryfortheempirical tain that mereviolationof the criminallaw
researchof thecriminologist. Ergo,themany is an artificialcriterionof criminality, that
studies of convictswhich have been con- categoriesset up by thelaw do not meetthe
ducted by the orthodox,now presumably
1 The mannerin which the legal definitionof the
outmodedcriminologists, have no real mean-
ing for eitherdescriptiveor scientificpur- criminalis avoided by prominentsociologicalschol-
ars through amazingly loose, circumlocutoryde-
poses. Off with the old criminologies, on scriptionmay be instanced by this sort of defini-
withthenew orientations, thenewhorizons! tion: "Because a collectivesystemhas social validity
This positionreflectsin part at least the in the eyes of each and all of those who share in
familiarsuspicionand misunderstanding held it, because it is endowed with a special dignity
which merely individual systems lack altogether,
by thelaymansociologisttowardthelaw. To individual behavior which endangers a collective
a large extentit revealsthe feelingamong systemand threatensto harm any of its elements
social scientiststhat not all anti-socialcon- appears quite differentfrom an aggressionagainst
ductis proscribed by law (whichis probably an individual (unless, of course,such an aggression
true), that not all conductviolativeof the hurts collectivevalues as well as individualvalues).
It is not only a harmfulact, but an objectively
criminalcode is trulyanti-social,or is notso evil act [sic!], a violation of social validity, an
to any significant extent(whichis also un- offenseagainst the superiordignityof this collective
doubtedlytrue). Amongsome studentsthe system.. . . The best term to expressthe specific
oppositionto the traditionaldefinitionof significanceof such behavioris crime.We are aware
that in using the word in this sense, we are giving
crimeas law violationarisesfromtheirdesire it a much wider significancethan it has in crimi-
to discoverand studywrongswhichare abso- nology. But we believe that it is desirable for
lute and eternalratherthanmereviolations criminologyto put its investigationson a broader
of a statutoryand case law systemwhich basis; for strictlyspeaking,it still lacks a proper
vary in time and place; this is essentially theoreticbasis. . . . Legal qualificationsare not
the old metaphysicalsearch for the law of founded on the resultsof previousresearchand not
made for the purpose of futureresearch; therefore
nature. They consider the dynamic and they have no claim to be valid as scientificgen-
relativistic natureof law to be a barrierto eralizations-nor even as heuristic hypotheses."
Florian Znaniecki,"Social Researchin Criminology,"
*Manuscript received December 2, 1946. I2 Sociology and Social Research 207, (I928).
96
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WHO IS THE CRIMINAL? 97
demandsof scientistsbecause theyare of a able to research,the criminologist may be
"fortuitousnature" and do not "arise in- deludedfurther into assumingthat thereis
trinsicallyfromthe nature of the subject an absolutenessand permanencein thisun-
matter."2The validity of this contention definedcategory,lackingin the law. It is
mustdepend,of course,upon what the na- unwiseforthe social scientisteverto forget
tureof the subjectmatteris. These scholars that all standardsof social normationare
suggestthat,as a part of the generalstudy relative,impermanent, variable. And that
of humanbehavior,criminology shouldcon- theydo not,certainlythelaw doesnot,arise
cern itselfbroadlywith all anti-socialcon- out of mere fortuityor artifice.3
duct,behaviorinjuriousto society.We take
it that anti-socialconductis essentiallyany II
sort of behaviorwhichviolatessome social In a differing approachcertainothercrim-
interest.What are these social interests? inologists suggest that "conduct norms"
Whichare weightyenoughto meritthe con- ratherthan eithercrimeor anti-socialcon-
cernof the sociologist,to bear the odiumof ductshouldbe studied.4Thereis an unques-
crime?What shall constitutea violationof tionableneed to pursuethe investigation of
them?-particularlywhere,as is so com- generalconductnormsand theirviolation.
monly true in our complicatedand unin- It is desirable to segregate the various
tegratedsociety,these interestsare them- classesof suchnorms,to determine relation-
selvesin conflict?Roscoe Pound'ssuggestive shipsbetweenthem,to understandsimilari-
classificationof the social interestsserved ties and differences betweenthemas to the
by law is valuable in a juristicframework,normsthemselves, theirsources,methodsof
but it solvesno problemsforthe sociologist impositionof control, and their conse-
who seeks to departfromlegal standardsin quences.The subjectmatterof this fieldof
searchof all mannerof anti-socialbehavior. social controlis in a regrettably primitive
However desirablemay be the concept state. It will be importantto discoverthe
of sociallyinjuriousconductforpurposesof individualswho belong withinthe several
generalnormationor abstractdescription, it categoriesof normviolatorsestablishedand
does not definewhat is injurious.It sets no to determine thenwhat motivations operate
standard.It does not discriminate cases,but to promoteconformity or breach.So far as
merely invites the subjective value-judg- it may be determinable, we shall wish to
mentsof the investigator. Until it is struc- know in what way these motivationsmay
turallyembodiedwith distinctcriteriaor serve to insureconformity to differentsets
norms-as is now the case in the legal sys- of conductnorms,how they may overlap
tem-the notion of anti-socialconduct is and reinforcethe norms or conflictand
uselessforpurposesof research,even forthe weakenthe effectiveness of the norms.
rawest empiricism.The emancipatedcrim- We concurin the importance of thestudy
inologistreasonshimselfinto a cul de sac: of conductnormsand theirviolationand,
having decided that it is footlessto study
convictedoffenders on the groundthat this ' An instanceof thisbroadeningof the conceptof
is an artificialcategory-thoughits mem- the criminalis the penchantamong certainanthro-
bershipis quite preciselyascertainable,he pologiststo equate crimewith taboo. See, especially,
mustnowconcludethat,in hislack of stand- Bronislaw Malinowski, Crime and Custom in Sav-
and "A New Instrumentfor
ards to determineanti-sociality,though age Society, (I936),
the Study of Law-Especially Primitive,"5I Yale
thismay be whathe considersa real scien- L. J. I237, (0944). CompareWilliamSeagle,"Primi-
tificcategory,its membership and its char- tive Law and ProfessorMalinowski," 39 American
Failingto de- Anthropologist
acteristicsare unascertainable. 275, (I007), and The QuestforLaw,
fineanti-socialbehaviorin any fashionsuit- (Iq40). Karl Llewellyn and E. Adamson Hoebel,
The Cheyenne Way, (Iq4I) and E. Adamson
Hoebel, "Law and Anthropology," 32 VirginiaL. R.
2 See, for example, Thorsten Sellin, Culture 835, (I946).
Conflictand Crime,pp. 20-21, (1938). 4Sellin, op. cit., pp. 25 ff.
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98 AMERICAN SOCIOLOGICAL REVIEW
more particularly, if we are to develop a depredationsagainst societyhave been on
scienceof humanbehavior,in the need for a small scale,who have blunderedintodiffi-
carefulresearchesto determinethe psycho- cultieswith the police and courtsthrough
logical and environmental variables which theirignoranceand stupidity.The impor-
are associated etiologicallywith non-con- tant criminals,those who do irreparable
formityto these norms.However,the im- damage with impunity,deftlyevade the
portanceof the moregeneralsubjectmatter machineryof justice, eitherby remaining
of socialcontrolor "ethology"doesnotmean "technically"withinthe law or by exercis-
that the more specificstudy of the law- ing theirintelligence, financialprowess,or
violatoris non-significant. Indeed, the di- political connectionsin its violation.We
rectionof progressin the fieldof social con- seek a definition of the white collar crim-
trol seems to lie largelyin the observation inal and find an amazing diversity,even
and analysisof morespecifictypesof non- amongthoseflowing fromthesamepen,and
conformity to particular,specializedstand- observethatcharacteristically theyare loose,
ards. We shall learnmoreby attempting to doctrinaire,and invective.When Professor
determinewhy some individualstake hu- Sutherlandlaunched the term,it was ap-
man life deliberatelyand with premedita- plied to those individualsof upper socio-
tion,whysome take propertyby forceand economicclass who violatethe criminallaw,
othersby trick,thanwe shall in seekingat usuallyby breachof trust,in the ordinary
the starta universalformulato accountfor course of their business activities.5This
any and all behaviorin breachof social in- originalusage accords with legal ideas of
terests.This broaderknowledgeof conduct crimeand pointsmoreoverto the significant
normsmay conceivablydevelopthroughin- and difficult problemsof enforcement in the
duction,in its inevitablyverygenericterms, areas of businesscrimes,particularly where
fromthe empiricaldata derivedin thestudy those violationsare made criminalby re-
of particularsorts of violations.Too, our centstatutory enactment. Fromthisfruitful
morespecificinformation about the factors beginningthe termhas spreadinto vacuity,
whichlie behindviolationsof preciselyde- wide and handsome.We learn that the
fined norms will be more useful in the whitecollarcriminal,maybe the suave and
technologyof social control.Where legal deceptivemerchant princeor "robberbaron,"
standardsrequirechangeto keep step with that the existenceof such crime may be
the changingrequirements of a dynamicso- determinedreadily"in casual conversation
ciety, the sociologistmay advocate-even with a representative of an occupationby
as the legal professiondoes-the necessary asking him, 'What crooked practices are
statutorymodifications, ratherthan assume foundin your occupation?' '6
that for sociologicalpurposesthe conduct Confusiongrows as we learn froman-
he disapprovesis alreadycriminal,without otherproponentof thisconceptthat,"There
legislative,political,or judicial intervention.are variousphases of white-collar criminal-
ity thattouchthe lives of the commonman
III almost daily. The large majorityof them
Anotherincreasingly widespreadand se- are operatingwithinthe letterand spiritof
ductivemovementto revolutionize the con- the law. . . ." and that "In short,greed,
cepts of crimeand criminalhas developed not need, lies at the basis of white-collar
aroundthe currently fashionabledogma of crime."7Apparentlythe criminalmay be
"white collar crime." This is actually a
particularschool amongthosewho contend E. H. Sutherland,"Crime and Business," 217
that the criminologist should study anti- The Annals of the AmericanAcademy of Political
social behaviorratherthan law violation. and Social Science ii2, (1941).
"Sutherland, "White-Collar Criminality," 5
The dominantcontentionof the group ap- American Sociological Review I, (1940).
pears to be that the convict classes are 7Harry Elmer Barnes and Negley K. Teeters,
merelyour "petty"criminals, the fewwhose New Horizons in Criminology,pp. 42-43, (I943).
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WHO IS THE CRIMINAL? 99
law obedientbut greedy;the specificqual- nottoleratea nomenclature ofsuchlooseand
ity of his crimesis far fromclear. variableusage.A specialhazardexistsin the
Another avenue is taken in Professor employment of the term,"whitecollarcrim-
Sutherland'smorerecentdefinition of crime inal," in that it invitesindividualsystems
as a "legal descriptionof an act as socially of private values to run riot in an area
injuriousand legal provisionof penaltyfor (economicethics) wheregrossvariationex-
the act."8 Here Ihehas deemedthe conno- ists amongcriminologists as well as others.
tationof his termtoo narrowif confinedto The rebel may enjoy a veritableorgy of
violationsof the criminalcode; he includes delightin damningas criminalmostanyone
by a slightmodification conductviolative he pleases; one imaginesthat some experts
of any law, civil or criminal,when it is would thus consignto the criminalclasses
"socially injurious." any successfulcapitalisticbusinessman; the
In lightof these definitions, the norma- reactionaryor conservative,complacently
tive issue is pointed.Who should be con- viewingthe occupationalpracticesof the
sideredthe whitecollar criminal?Is it the businessworldmightfindall in perfectorder
merchant who,outofgreed,businessacumen, in this best of all possibleworlds.The re-
or competitive motivations, breachesa trust sult may be fineindoctrination or catharsis
with his consumerby "puffing his wares" achieved through blustering broadsides
beyond their merits,by pricingthem be- against the "existing system." It is not
yondtheirvalue,or by ordinary advertising? criminology. It is notsocialscience.The terms
Is it he whobreakstrustwithhis employees "unfair," "infringement," "discrimination,"
in order to keep wages down, refusingto "injuryto society,"and so on, employedby
permitlabor organization or to bargaincol- the whitecollarcriminologists cannot,taken
lectively,and who is foundguiltyby a labor alone,differentiate criminal andnon-criminal.
relationsboard of an unfairlabor practice? Untilrefined to meancertainspecificactions,
May it be the white collar workerwho theyare merelyepithets.
breaches trust with his employersby in- Vague, omnibusconceptsdefiningcrime
efficient performance at work,by sympa- are a blightupon eithera legal systemor a
theticstrikeor secondaryboycott?Or is it systemof sociologythat strivesto be ob-
the merchandiser who violatesethicsby un- jective.They allow judge, administrator, or
der-cuttingthe prices of his fellow mer- -conceivably-sociologist,in an undirected,
chants?In generaltheseacts do not violate freelyoperatingdiscretion,to attributethe
the criminallaw. All in somemannerbreach status"criminal"to any individualor class
a trust for motiveswhich a criminologistwhichhe conceivesnefarious.This can ac-
may (or may not) disapproveforone rea- complishno desirableobjective,eitherpo-
son or another.All are withinthe frame- liticallyor sociologically.9
workof thenormsof ordinary businessprac-
tice. One seeks in vain forcriteriato deter- 9In the provinceof juvenile delinquencywe may
minethiswhitecollar criminality. It is the observe already the evil that flows from this sort
of loose definitionin applied sociology. In many
conductof one whowearsa whitecollarand jurisdictions, under broad statutory definitionof
who indulgesin occupationalbehavior to delinquency,it has become common practice to
which some particularcriminologist takes adjudicate as delinquent any child deemed to be
exception.It may easilybe a termof propa- anti-social or a behavior problem. Instead of re-
ganda. For purposesof empiricalresearch quiring sound systematicproof of specific repre-
hensible conduct,the courts can attach to children
or objectivedescription, whatis it? the odious label of delinquentthroughthe evalua-
Whethercriminology aspires one day to tions and recommendationsof over-worked,under-
becomea scienceor a repository of reason- trained case investigatorswho convey to the judge
ablyaccuratedescriptive information, it can- theirhearsaytestimonyof neighborhoodgossip and
personalpredilection.Thus thesevaunted "socialized
tribunals" sometimes become themselvesa source
8 Sutherland,"Is 'White-Collar Crime' Crime?" of delinquentand criminalcareersas they adjudge
ic AmericanSociological Review I32, (I945). individuals who are innocent of proven wrong to
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ioo AMERICAN SOCIOLOGICAL REVIEW
Worse than futile,it is courtingdisaster, Even less than the unconvictedsuspectcan
political,economic,and social,to promulgate thoseindividualsbe consideredcriminalwho
a systemof justice in whichthe individual have violatedno law. Only thoseare crim-
may be held criminalwithouthavingcom- inals whohave been selectedby a clear sub-
mitteda crime,definedwithsomeprecision stantiveand a carefuladjectivelaw, such
by statuteand case law. To describecrime as obtains in our courts.The unconvicted
the sociologist,like the lawyer-legislator,offendersof whom the criminologist may
must do more than condemnconductde- wishto takecognizanceare an important but
viationin the abstract.He mustavoid defi- unselectedgroup; it has no specificmem-
nitionspredicatedsimplyupon stateof mind bershippresentlyascertainable.Sociologists
or social injury and determinewhat par- may strive,as does the legal profession, to
ticulartypesof deviation,in whatdirections, perfectmeasuresformorecompleteand ac-
and to what degree, shall be considered curateascertainment of offenders,but it is
criminal.This is exactlywhat the criminal futilesimplyto rail againsta machineryof
code today attemptsto do, thoughimper- justicewhichis, and to a largeextentmust
fectlyof course.More slowlyand conserva- inevitablyremain,somethingless than en-
tivelythan manyof us would wish: that is tirelyaccurateor efficient.
in the natureof legal institutions, as it is in Criminalbehavioras heredefinedfitsvery
othersocial institutions as well. But law has nicelyinto the sociologists'formulations of
definedwith greaterclarityand precision social control.Here we findnormsof con-
the conductwhichis criminalthanour anti- duct,comparableto themores,but consider-
legalisticcriminologists promiseto do; it ably moredistinct,precise,and detailed,as
has moreoverpromoteda stability,a se- they are fashionedthroughstatutoryand
curityand dependability of justice through case law. The agenciesof this control,like
its exactness,its so-calledtechnicalities, and the normsthemselves, are moreformalthan
its moderationin inspectingproposals for is truein othertypesof control:thelaw de-
change. pends for its instrumentation chieflyupon
IV police, prosecutors,judges, juries, and the
Having consideredthe conceptionsof an supportof a favorablepublic opinion.The
innovatingsociologyin ascribingthe terms law has for its sanctions the specifically
"crime"and "criminal,"let us stateherethe enumerated punitivemeasuresset up by the
juristicview: Only thoseare criminalswho state forbreach,penaltieswhichare addi-
have been adjudicated as such by the tionalto any of the sanctionswhichsociety
courts.Crimeis an intentionalact in viola- exerts informallyagainst the violator of
tionof the criminallaw (statutoryand case normswhichmay overlapwithlaws. Crime
law), committedwithoutdefenseor excuse, is itselfsimplythebreachof thelegal norm,
and penalizedby thestateas a felonyormis- a violationwithinthis particularcategory
demeanor.In studyingtheoffender therecan of social control;the criminalis, of course,
be no presumption that arrested,arraigned, the individualwho has committed such acts
indicted,or prosecutedpersonsare criminals of breach.
unless they also be held guiltybeyond a Much ink has been spilledon the extent
reasonabledoubt of a particularoffense.'0 of deterrent efficacyof the criminallaw in
social control.This is a matterwhichis not
in
a depraved offender'sstatus throughan administra- subject to demonstration any exact and
tive determinationof somethingthey know vaguely measurablefashion,any morethan one can
as anti-social conduct. See Introductionby Roscoe conclusively demonstrate of a
the efficiency
Pound of Pauline V. Young, Social Treatmentin
Probationand Delinquency,(1937). See also Paul a violatorof the law: to assumehimso wouldbe
W. Tappan, DelinquentGirlsin Court,(I947) and in derogationof ourmostbasicpoliticaland ethical
"TreatmentWithout Trial," 24 Social Forces, 306, philosophies.In empiricalresearchit would be
(I946). quiteinaccurate,obviously,to studyall suspectsor
' The unconvictedsuspect cannot be known as defendants as criminals.
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WHO IS THE CRIMINAL?
moralnorm." Certainlythe degreeof suc- norms and sanctionsdeteriorate.Criminal
cess in assertinga control,legal or moral, law, crime,and the criminalbecomemore
will varywiththe particularnormitself,its significantsubjects of sociologicalinquiry,
instrumentation, the subjectindividuals,the therefore, as we striveto describe,under-
time,the place, and the sanctions.The effi- stand,and controlthe uniformities and var-
ciencyof legal controlis sometimes confused iabilityin culture.
by the factthat,in thecommonoverlapping We considerthat the "whitecollar crim-
of crimes (particularlythose mala in se) inal," theviolatorof conductnorms,and the
withmoral standards,the normsand sanc- anti-socialpersonalityare not criminalin
tions of each may operate in mutual sup- any sense meaningful to the social scientist
port to produce conformity.Moreover, unless he has violated a criminalstatute.
merebreachof normis no evidenceof the We cannotknowhim as such unlesshe has
generalfailureof a social controlsystem, been properlyconvicted.He may be a boor,
but indicationratherof the need for con- a sinner,a moral leper,or the devil incar-
trol.Thus the occurrence of theftand hom- nate, but he does not become a criminal
icide does not mean that the law is in- throughsociologicalname-calling unlesspo-
effective,forone cannottell how frequently liticallyconstituted authoritysays he is. It
such acts mightoccurin the absenceof law is footlessforthesociologistto confuseissues
and penal sanction.Where such acts are of definition, normation,etiology,sanction,
avoided,one may not appraisethe relative agency and social effectsby saying one
efficacyof law and mores in prevention. thingand meaninganother.
When they occur, one cannot apportion
blame, eitherin the individualcase or in V
general,to failuresof the legal and moral To conclude,we reiterateand defendthe
systems.The individualin societydoes un- contentionthat crime,as legallydefined,is
doubtedlyconducthimselfin referenceto a sociologically provinceof study.
significant
legal requirements.Living "beyond the The view thatit is not appears to be based
law" has a quality independentof being upon eitherof two premises: i. that of-
non-conventional, immoral,sinful.Mr. Jus- fendersconvictedunder the criminallaw
tice Holmes has shownthat the "bad man are not representative of all criminalsand
of the law"-those who become our crim- 2. that criminallaw violation(and, there-
inals-are motivatedin part by disrespect fore,the criminalhimself)is not significant
forthelaw or,at theleast,are inadequately to the sociologistbecause it is composedof
restrainedby its taboos. a set of legal, non-sociologicalcategoriesir-
From introspectionand from objective relevantto the understanding of groupbe-
analysis of criminalhistoriesone can not haviorand/orsocial control.Throughthese
but accept as axiomaticthe thesisthat the contentions to invalidatethe traditionaland
normsof criminallaw and its sanctionsdo legal frame of referenceadopted by the
exertsomemeasureof effective controlover criminologist, several considerations,briefly
human behavior; that this controlis in- enumeratedbelow, must be met.
creased by moral,conventional, and tradi- i. Convicted criminalsas a sample of
tional norms; and that the effectiveness of law violators:
controlnormsis variable.It seemsa fairin- a. Adjudicated offendersrepresentthe
ferencefromurban investigationsthat in closestpossibleapproximation to thosewho
our contemporary mass society,the legal have in fact violatedthe law, carefullyse-
systemis becomingincreasinglyimportant lectedby the sievingof the due processof
in constraining behavioras primarygroup law; no other provinceof social control
attemptsto ascertainthe breach of norms
'For a detailed considerationof the efficacyof
legal norms, see Jerome Michael and Herbert
with such rigor and precision.
Wechsler,"A Rationale of the Law of Homicide," b. It is as futile to contend that this
37 ColumbiaLaw Review70I, 126i, (I937). groupshouldnot be studiedon the grounds
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I02 AMERICAN SOCIOLOGICAL REVIEW
thatit is incompleteor non-representative as norms; as an importantcharacteristicof
it would be to maintainthat psychology law, such lag does not reducethe relevance
should terminateits description,analysis, of law as a provinceof sociologicalinquiry.
diagnosis,and treatmentof deviantswho From a detachedsociologicalview,the sig-
cannotbe completelyrepresentative as se- nificantthingis not the absolutegoodness
lected. Convicted persons are nearly all or badness of the normsbut the fact that
criminals. They offer large and varied thesenormsdo controlbehavior.The soci-
samplesof all types;theirorigins,traits,dy- ologistis interestedin the resultsof such
namics of development, and treatmentin- control,the correlatesof violation,and in
fluencescan be studiedprofitably forpur- the lags themselves.
posesof description,understanding, and con- d. Upon breach of these legal (and so-
trol. To be sure, they are not necessarily cial) norms,the refractory are treatedof-
representative of all offenders;if charac- ficially in punitive and/or rehabilitative
teristicsobservedamongthemare imputed ways, not for being generallyanti-social,
to law violatorsgenerally,it mustbe with immoral,unconventional, or bad, but for
the qualificationimplied by the selective violationof the specificlegal normsof con-
processesof discoveryand adjudication. trol.
c. Convictedcriminalsare importantas e. Law becomesthe peculiarlyimportant
a sociologicalcategory,furthermore, in that and ultimatepressuretowardconformity to
theyhave been exposedand respondto the minimumstandardsof conductdeemedes-
influencesof courtcontact,officialpunitive sentialto groupwelfareas othersystemsof
treatment,and public stigma as convicts. normsand mechanicsof controldeteriorate.
2. The relevanceof violationof the crim- f. Criminals, therefore,are a sociologically
inal law: distinctgroup of violatorsof specificlegal
a. The criminallaw establishessubstan- norms,subjectedto officialstate treatment.
tivenormsof behavior,standardsmoreclear They and thenon-criminals respond,though
cut,specific,and detailedthanthenormsin differentially of course, to the standards,
any othercategoryof social controls. threats,and correctional devicesestablished
b. The behaviorprohibitedhas been con- in this systemof social control.
sideredsignificantly in derogationof group g. The norms,their violation,the me-
welfareby deliberativeand representativechanics of dealing with breach constitute
assembly,formallyconstitutedforthe pur- majorprovincesof legal sociology.They are
pose of establishingsuch norms; nowhere basic to the theoreticalframework of so-
else in the field of social controlis there ciologicalcriminology.12
directeda comparablerationaleffort to elab- "2For other expositionsof this view, see articles
orate standardsconforming to the predom- by Jerome Hall: "Prolegomena to a Science of
inant needs, desires,and interestsof the CriminalLaw," 89 Universityof PennsylvaniaLaw
community. Review 570, (I94I); "Criminologyand a Modern
Penal Code," 27 Journal of Criminal Law and
c. There are legislativeand juridicallags Criminology4, (May-June, I936); "Criminology,"
which reduce the social value of the legal TwentiethCenturySociology,pp. 342-65, (I945).
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