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CRIME & DEVIANCE 11.1 Introduction In today's scenario, every day we either witness or hear new stories of crime. The mass media regularly reports stories of unimaginable crimes which usually disturbs the mental state not only of the victims but also the society where such acts are committed. Very often we hear people saying that with an increase in modernity & changing lifestyles, crime has become a persistent occurring in our society. But does that mean that the traditional societies were away from the criminal activities? Did everyone totally confirm to the norms of the society? In traditional societies too, there were people who did not confirm to the norms, thus acting in a deviant manner. But as there were lesser legal sanctions, and mostly the victims themselves were reluctant to file cases against the perpetrators, only few acts were reported & therefore the rate of criminal activities recorded was low. Most of the time we tend to use the terms crime and deviance synonymous which is totally wrong. It is therefore important to have a clear understanding of the terms. In many conditions deviant actions does not always lead to criminal activities but, criminal activities are always considered as deviant. 11.2 Definition of Deviance Deviance, in simple terms can be understood as those Acts which do not meet the expectations of society. Every society has prescribed rules and regulations which every member is expected to follow. When a person breaks such a rule, he is said to be acting as a deviant. Therefore the term deviance can be understood as any act of non conformity with the societal rules & regulations. However, it does not impose any legal sanctions. These kinds of behaviors usually transgress common norms of the society. Certain acts of deviance can be overlooked or can be viewed as understandable. Certain acts can be even positively rewarded. E.g A soldier who uses violent behavior to protect his country will be rewarded with a medal. However, if the act of deviance violates the legally prescribed norms, imposes legal sanctions, such an act is termed as a crime.

11.2.1 Characteristics of Deviant Behavior Following are a few characteristics of a deviant behavior •	Deviance is socially constructed Members of a society define what is acceptable and what is not. Acts which are not accepted by the society are termed as deviant acts. Therefore, one can say that Deviance is a socially constructed phenomenon. •	Differs from one society to another Very often, what is considered as deviant in one society may be acceptable in the other. E.g. even today, inter caste marriages may not be accepted in many societies whereas the other societies may not only accept but may also support such marriages. •	What is deviant may change from time to time It can be said that deviant acts are usually unstable. What was labeled as deviant earlier may be acceptable today and so on. Most of the acts which are not acceptable today may become acceptable in the future. E.g. In India, widow remarriages were prohibited but today, it is seen as a positive gesture towards women. •	Deviant Behavior can be positive or negative. Deviant behavior is not always negative. Very often deviating from societal norms can also bring about positive results. E.g. The pioneers of girls education Mahatma Phule, Savitribai Phule and others deviated from the norms of the society and stood for the rights of the women. Their acts benefited the society. Therefore one can say that deviance is not necessarily always negative.

11.3 Definition of Crime Crime in simple terms means breaking the legally sanctioned laws. The word crime is derived from the word “Crimean” which means charge or offence. With the growing competition, use of technology and many other factors, the intensity of criminal activities has increased tremendously. According to C. Darrow, ‘Crime is an act forbidden by the law of the land and for which penalty is prescribed.’ Barnes & Tecters define crime as a form of anti-social behavior that has violated public sentiment to such an extent as to be forbidden by statute. The Waverly encyclopedia defines Crime as “An act forbidden by law and for performing which the perpetrator is liable to punishment.” 11.3.1 Types of Crime The moment we hear about a crime, we often start thinking about murder, rape, robbery, cybercrime, forgery and so on. However, we can have a better understanding of a crime once we classify them as, •	Personal crime- These include an offence or offences against the person. It causes mental or physical harm to the victim. E.g. Kidnapping, rape, sexual assault, Homicide (murder). •	Property Crime- Such crimes interfere with the right of the other person towards his property. E.g. theft, robbery, forgery, embezzlement (a person illegally takes off property or assets that is entrusted to that person). •	Inchoate Crimes- The meaning of inchoate itself means “incomplete”. It simply means that the process of the criminal activity had begun, but was not completed. E.g. An attempt to murder, attempt to rob someone, conspiracy, solicitation (encouraging someone to commit a crime). A gang of boys planning to kill their landlord, but failed to do the same. •	Statutory Crimes-These crimes include complete violation of specific state or federal statute. These can involve personal offenses or even property offences. E.g. cases such as selling alcohol to underage, drink and drive cases, etc. •	White collar crimes- These are the crimes which are committed by business and government professionals. The main motive behind such crimes is the motive to make huge profits. Such crimes are usually non-violent. Sociologist Edwin Sutherland, in 1939 defined white collar crime as “a crime committed by a person of respectability and high social status in the course of their occupation.” •	Cyber crime- With an increase in the use of computer technology, cyber crime has become a regular phenomenon. Cyber crime is a crime that involves the use of a computer. We will study about cyber crime in detail in next unit. 11.3.2 Causes of Crime With the increase in population and continuous competition in almost all areas of life, crime rates have increased tremendously in today’s society. There are a number of causes for increase in crime rates which include Physical factors, psychological factors like weak mindedness, criminal insane, inferiority complex, jealousy, trauma, etc. Environmental factors like failure in love, broken family, death of a loved one, adultery, prostitution. Economic factors like poverty, beggary, unemployment, job competition, property issues, etc. Other factors include Media influence, Exploitation, Alcoholism, Drugs, Peer group, Political factors.

11.3.3 Characteristics of Criminal Behavior Just as we have mentioned certain characteristics of deviant behavior, let’s have a look at the characteristics of Criminal behavior. •	Deviant Criminal behavior can never be accepted as a normal behavior. It is always opposite to the societal code of conduct or the norms of the society. E.g. No society can expect its individual to commit crimes like murder, rape, robbery, etc. •	Hurts Moral Sentiments Crime is a deviant act which not only breaks the norms, but also deeply hurts the moral sentiments of the community. Therefore, it is also considered to be ethically wrong. •	Intentional Harm Crime is purely intentional. It causes harm to the targeted individual or society. The perpetrator of the crime has proper intention to cause material, physical or psychological harm to the individual. However, one must remember that crime is an ‘act’ and not mere intention or thought. •	Threatens the well being Crime not only threatens the well being of the victim, but also the entire society. It develops a sense of insecurity and fear amongst the victim as well as the entire society. People no longer feel safe to survive in that particular area where crime has been committed. Would you feel safe to reside in an area with your family, which is constantly in news news for the cases of murder, robbery and so on? •	Violates the law The very essence of the criminal behavior is, it not only breaks the norms, but violates the prescribed laws. •	Calls for Punishment As mentioned above, Criminal behaviour violates the laws, such acts become punishable. If such acts are not punished, it encourages such activities, which endangers humanity. The punishment may be as minimal as paying a fine, or can be as severe as lifetime imprisonment or even death penalty. 11.3.4 Types of Crimes There are many different types of crimes, even before reading further; you may name some of them in your mind. Usually, crime is classified under 4 categories •	Personal Crimes Personal crimes are offences committed against the person which causes physical or mental harm to the victim. These include Homicide (killing of human beings) kidnapping, rape, sexual assault, etc. •	Property Crimes Property crimes are those crimes where the perpetrator usually tries to falsely claim or acquire the property which does not belong to him/her. Physical harm may not be necessary. E.g. Forgery, Embezzlement, Robbery (Since robbery uses physical force, it can also be considered as a personal crime). •	Inchoate Crimes The term inchoate itself means ‘Incomplete’. This means that the process of the criminal act began, but could not be completed. E.g. Conspiracy, Solicitation,etc. Gang plans to rob their landlord, but failed to do the same. •	Statutory Crimes These crimes include complete violation of a specific state or federal statute. These can involve personal offence or even property offences. Cases such as selling alcohol to underage, drink and drive cases, are examples of statutory crimes. Apart from these, we also have, White collar crimes, which are committed by businessmen or Government officials, belonging to higher positions. The main motive behind such crimes is to make huge profits. Such crimes are usually non-violent. Sociologist Edwin Sutherland in 1939, defined white collar crime as, “ A crime committed by a person of respectability and high social status in the course of their occupation” E.g. wage theft, bribery Cybercrime, are those crimes which are committed using a computer. With an increase in the use of computer technology, Cyber crime has increased tremendously and has become a regular phenomenon. We will study about cybercrime in the next unit. 11.4 Theories 11.4.1 Labeling Theory Developed in 1960s, Labeling theory is closely related to the perspective of Symbolic Interaction, according to which labels once attached to the person, strongly become a part of is identity and play a major role in developing his/her sense of self. The central idea of this theory was given by Howard Becker. You may have come across people who are not often known to others by their names, but they are known by the labels provided to them by others. You may think how does the process of labeling takes place? The answer to this question has been provided by the labeling theorists. According to the labeling theorists, it is the society that creates the norms, and every individual, who is the part of the society, is expected to follow these norms. When an individual deviates from the norm, he/ she are labeled by the society. Labeling theorists are of the view that no behavior is intrinsically deviant. Certain conditions force the individual to deviate from the norms. In order to label someone, their deviated behavior has to get noticed. Every person may have deviate from the norm at some point of time in his life. Some may get caught, while others may manage to escape. However, even those who get caught, it is not necessary that they will get labelled.It depends on the positioning social standing of the person in the society. E.g. A boy who openly smokes will not be labeled as deviant, but if a girl is found smoking, the entire society will not accept such a behavior and the girl will be labeled within no time. Another example can be given of a rich person who drinks and drives, but can get away from the punishment due to his position in the society. However, if a poor person or someone from middle class, who does not belong to higher class, will be punished. Once a person is found acting deviant and his behavior is noticed, he/she gets labeled and this label becomes a part of his identity. This is known as self-fulfilling prophecy. Let’s take an example of a child, who is labeled as a “duffer”. He/She will start seeing himself/herself as a duffer and will act in the same way. Such children will not take any efforts as they have accepted the label, unless a good teacher or a parent helps them to get away from the label by motivating them. Deviant identities are produced through labeling, rather than through deviant motivation or behavior. We have stated this before that no behavior is intrinsically deviant. E.g. Alice, an orphan girl, was found stealing some money in order to buy some food for her little sister. She gets caught and is sent to jail. Alice gets labeled as a Juvenile Delinquent. It is very likely that even after she returns from the jail, the society is less likely to accept her. Many parents will ask their children to stay away from her. Thus, the label becomes a part of her identity. Thus, it is the society and the “non-criminals” who decide whether someone should be described as deviant. The basic assumptions therefore can be diagrammatically represented as follows:

11.4.2 Structural Strain Theory According to Robert Merton, every society creates goals which are culturally valued and all members are expected to achieve those goals by legitimate means. He further states that these legitimate goals do not have limits i.e. people are unsure whether they have achieved them. On the other hand, the means to achieve those goals are limited or even closed for a large number of populations. In such a situation, the rate of deviance increases. E.g. a student, who belongs to a lower class, realizes the importance of education (the goal) but faces problems related to finance (the means). Merton has identified four types of responses out of which a person may choose a certain response of acceptance and rejection of the goals and the means to achieve those goals. 1.	Conformity Conformity refers to accepting the societal goals as well as the means by which the goals can be achieved. E.g A student works hard, despite of the financial crisis and achieves education and later a good job. Here, he accepts the goal of education as well as the means to achieve the same. 2.	Innovation Innovation involves accepting the goal but rejecting the legitimate means to achieve the same. E.g. A student uses illegitimate means to achieve the goal of education by cheating. 3.	Ritualism Ritualism means rejecting the goals but strictly following the rules and regulations, the legitimate means of attaining those goals. The person strictly adheres to the norms. More importance is given to the means and the norms and not to the goals. E.g Even if a person faces financial shortage, is not paid well by the company, he will not accept corrupt methods to become rich. He will reject the goal of becoming rich and will strictly follow the norms. 4.	Retreatism Retreatism refers to rejecting both, the goals as well as the means to achieve those goals. Such people are only physically present in the society, but not for the society. E.g A student, who becomes a drug addict, will not even want to achieve the goal of education and will also not accept the means to achieve the goal. Such people create their own world and do not easily get along with the society. 5.	Rebellion In such a situation, the person rejects socially approved goals and also the means of attaining those goals, but replaces them with the alternative goals and alternative methods to achieve those goals. This may result in the reshaping of the entire society. E.g. Rebelling against the dominant cultural goals and means, students may form or join political groups, with the aim of redeveloping or reshaping the society.

11.4.3 Conflict Theory According to the conflict theorists, every society is divided into classes. The dominant class defines what is deviant, applies laws, represses conflict and protests, forcing the subordinate class to accept what are defined as deviant by the upper class. Majority of times, activities that threaten the activities that threaten the interest of the dominant class, is defined as deviant. The loyalty of the subordinate class therefore decreases towards the society as the society only supports the interest of the upper classes. This situation gives rise to the activities considered as deviant by the society. Conflict theorists argue that even though the laws claim to be equal for all, regardless of the class to which the person belongs, the reality is different. Those who belong to higher class or who have contacts with the higher class, often escape the punishment, which in turn sparks anger amongst the subordinate classes. Such disorganization continues and leads to increased role conflict and culture conflict. When a society is ruled by upper classes, it encourages material success, but limits the sources available to the lower classes. When such a situation occurs, deviance is likely to occur. However, does that mean if there are no dominant groups and if we have classless society, would deviance and crime disappear? One must keep in mind that deviance is present in non-capitalist society as well. So even though capitalist society contributes to deviance, it is only one of the major variables and cannot be considered as the only cause of it. 11.5 Crime Rate in India We always think that India is the safest country in the world. But is this really true? In today’s scenario, everyday, a number of cases of murder, rape, molestation, etc are being reported not only in the newspapers but also on the social networking sites. Hearing about the violent acts, we fear to leave our near and dear ones alone. According to the report of the Times of India, India saw a “Marginal Increase” in the crime rates for the year 2018. The serious crime cases of murder, rape, kidnapping, has seen a rise. Every second day, dowry deaths are reported. Even though the crime rate in India has been always high, the sudden increase in criminal activity is a major cause of concern. The report also states that the murder count has increased from 53 to 59, kidnapping cases have increased from 1 to 3, rape cases have increased tremendously. A 2017 report by Global Peace Index had claimed India to be the fourth most dangerous country for women travelers. Gender Vulnerability Index 2017, compiled by the ministry of women and child development found that the northern states of Delhi, Bihar, Uttar Pradesh and Jharkhand are at the bottom four when it comes to women safety. Many other reports also state that the position of India has dropped in safety ranks. We always hear about cases where women are victims and men are the perpetrators of crime. Does that mean that women are always innocent and men never face violence? Violence against men is also increasing where women commit crimes against men. But due to the fear of losing social respect and men do not report or speak about such cases where they are victims. 11.6 Measures to control crime We have studied about crime and the way it affects the wellbeing of the society. But only reading and knowing about it never helps. We must also think about the solutions that can help us to overcome these problems. So, what are the measures that can be adopted in order to control the increasing criminal activities? There are a number of laws which are enacted and amended from time to time in order to control the criminal activities. So where does the problem arise? Have people lost the fear of punishment? The problem is lack of awareness regarding the existing laws. Victims are not aware of the help available to them. They do not complain which results more suffering and motivates the perpetrator to commit more crimes. Most of the times, people do not report crime because of the fear of losing “honor” in the society. E.g many of the rape cases are not even reported as the parents of the victim or the victim herself are not only scared of the rapist, but the greatest fear amongst them is the fear of losing the honor. Due to the existing loopholes, delay in judgments, and corruption amongst the official’s people have lost faith in the system. Spreading awareness and educating people about their rights as well as duties can help the society. E.g many women even today, are not aware about their property rights, many are not aware about the help available to them against domestic violence, sexual harassment at workplace, etc. More stringent punishments by the law, elimination of loopholes within the judiciary, reduced corruption, fast track courts and removal of societal problems can also bring down the rate of crime. Family and friends also can play a major role by noticing any signs of criminal behavior in a person and Summary •	 Deviance and Crime are two different concepts. Deviance means deviating, i.e. acting differently from the norms whereas, crime means violating the well established legal laws of the society. Crime calls for punishment prescribed by the judiciary. •	Crime not only breaks the laws, but also gives rise to the feeling of insecurity and fear amongst the residents of the society. •	 Labeling theory, related to Symbolic interaction states that once the deviated behavior is noticed by the society, the person receives a label, which then becomes a part of his/her identity. Moreover, the person starts acting according to the label he/she has received. This is known as “Self fulfilling Prophecy”. For this it is important that the deviated behavior gets noticed. If it remains unnoticed, the person is not labeled. •	According to the labeling theorists, it is the society which defines what is acceptable and what is not. Norms are created by the society. •	Structural Strain theory, by Robert Merton, states that every society has certain goals that are expected to be achieved by the individuals, through legitimate means. •	It further states that it is not possible that the legitimate means are available to all the members of the society. They are closed for a large number of populations who may then adopt either of the five responses of: Conformity, Innovation, Ritualism, Retreatism or Rebellion. •	According to the conflict theorists, Society is divided into two classes, the dominant which is the upper class, and the subordinates •	 The Dominant class defines what is deviant, applies laws and forces the subordinate class to accept the same. They also argue that even though laws are claimed to be equal for all, they work mostly in the favor of the dominant class. •	The crime rate in India is increasing and there is an urgent need to frame strategies in order to combat the same. Measures like more stringent laws, spreading awareness regarding the laws, fast track courts, elimination of the loopholes, etc can play a major role in reducing crime rates.