COURSE

GUIDE

CSS 211
THE SOCIOLOGY OF CRIME AND DELINQUENCY

Course Team Mr. C.A.C. Chukwunka (Course Developer/Writer)

NOUN
Dr. A.D. Ikuomola (Course Editor) – UNILAG
Dr. A.T. Adegoke (Programme Coordinator –
NOUN
Prof. D. Otubanjo (Programme Leader) – NOUN

NATIONAL OPEN UNIVERSITY OF NIGERIA

CSS 211 COURSE GUIDE

National Open University of Nigeria

Headquarters
14/16 Ahmadu Bello Way
Victoria Island, Lagos

Abuja Office
5 Dar es Salaam Street
Off Aminu Kano Crescent
Wuse 11, Abuja

e-mail: [email protected]
URL: www.nou.edu.ng

Published by
National Open University of Nigeria

Printed 2015

ISBN: 978-058-756-x

All Rights Reserved

ii
CSS 211 COURSE GUIDE

CONTENTS PAGE

Introduction……………………………………………….. iv
What you will Learn in this Course……………………... iv
Course Aims………………………………………………. iv
Course Objectives…………………………………………. v
Working through this Course……………………………… v
Course Materials…………………………………………… v
Study Units………………………………………………… v
Textbooks/References……………………………………. vi
Assignment File…………………………………………… vi
Assessment………………………………………………… vi
Tutor-Marked Assignment………………………………… vii
Final Examination and Grading………………………….. vii
Presentation Schedule……………………………………. vii
Course Marking Scheme…………………………………. vii
Course Overview/Presentation Schedule……………….. vii
How to Get the Best from this Course…………………… viii
Facilitators/Tutors and Tutorials………………………… x
Summary…………………………………………………. x

iii
CSS 211 COURSE GUIDE

INTRODUCTION

Welcome to CSS 211: The Sociology of Crime and Delinquency. This is

a 3–credit unit course for students of criminology and security studies.
The course is suitable for beginners as a foundation course on the
subject matter and concept of crime; and more especially the sources
and avenue to learn and commit crime. It highlights the extent, and
nature of delinquency, as well as the theoretical explanations of crime
and delinquency.

This Course Guide gives you an overview of the course. It provides

you with information on the organisation and requirement of the course.
Similarly, it enables you to know what the course is all about, what you
ought to know in each unit, what course materials you need to use and
how you can work your way through in this course.

WHAT YOU WILL LEARN IN THIS COURSE

The course content consist of a unit of Course Guide, which informs you
briefly on what the course is all about, what course materials you need
and how to work with such materials. It also gives you some guideline
for the time you are expected to spend on each unit, in order to complete
it successfully.

The Course Guide guides you concerning your tutor-marked assignment,

which will be placed in the assignment file. Regular tutorial classes
related to the course will be conducted and it is advisable for you to
attend these sessions. It is expected that the course will prepare you for
challenges you are likely to meet ahead.

COURSE AIMS

The basic aim of CSS 211: The Sociology of Crime and Delinquency is
to expose you to criminology and security studies as well as the crime
and delinquency. It covers a review of the social origins of crime,
criminal law, and exposure to learning, and committing crime. It also
highlights law, crime and delinquency in Nigeria legal system. The
broad aims of this material will be consummated through:

i. The extent and nature of delinquency

ii. The concept and nature of crime
iii. Theoretical explanations of crime and delinquency
iv. Examining law, crime and delinquency.

iv
CSS 211 COURSE GUIDE

COURSE OBJECTIVES

Each of the unit has a specific objective. It is advisable for you to go

through these objectives, before reading through the unit. In doing this,
you would have covered the prerequisite of that unit. To achieve the
aims set out in CSS 211, the major objective for the course would be
emphasised. On successful completion of the course, you should be able
to:

a. define the concept of crime and delinquency

b. explain the sources of crime.(why people commit crime)
c. distinguish between crime and delinquency
d. evaluate the community reaction to crime
e. discuss the extent and nature of delinquency
f. examine key theories, in the quest to crime and delinquency e.g.
the differential association, psychoanalysis, reinforcement
theories, etc.
g. outline the punishment, correction and rehabilitation of criminals.

WORKING THROUGH THIS COURSE

To complete the course, you are required to read the study units and
other related materials. Each unit contains self – assessment exercise
(SAE) and tutor – marked assignment (TMA). These exercises are to aid
you in understanding the concepts of the course. You are required to
answer the e-tutor-marked assignments for assessment purposes. At the
end of the course, you will be required to write the final e– examination.
Below are the components of the course and what you are expected to
do.

COURSE MATERIALS

Major component of the course are:

Course Guide
Study Units
Assignment File
Relevant Textbooks (including the ones listed under each unit).

STUDY UNITS

There are twenty units in this course. They are listed below:

Module 1

Unit 1 The Concept of Delinquency

Unit 2 Adolescence, Peer and Delinquency

v
CSS 211 COURSE GUIDE

Unit 3 Family and Delinquency

Unit 4 Drug, Youth and Delinquency
Unit 5 Family Court (Juvenile Court)

Module 2

Unit 1 The Social Concept of Crime

Unit 2 The Measurement of Crime and its Impact
Unit 3 Sources of Learning to Commit Crime
Unit 4 Community Reaction to Crime
Unit 5 Understanding Deviance

Module 3

Unit 1 Different Association Theory

Unit 2 Psychoanalysis Theory
Unit 3 The Conflict Theory
Unit 4 Functionalist View: Anomie Theory
Unit 5 Interactionist Perspective: Labeling Theory

Module 4

Unit 1 Legal Definitions of Crime

Unit 2 Meaning of Criminal Law
Unit 3 Nigerian Criminal/Penal Code
Unit 4 Criminal Justice Administration in Nigeria
Unit 5 Punishment, Correction and Rehabilitation

TEXTBOOKS/REFERENCES

Some books have been recommended in each of the units, you may wish
to purchase them for further reading.

ASSESSMENT AND TUTOR-MARKED ASSIGNMENT

(TMA)

There are two types of assessment in this course. The first is the
assignment file. In this file, you will find the details of your work for
marking. The marks you obtain in this assignment will make up your
final marks. This assignment will account for 30% of your total score.
The second one is the e-examination. There are twenty tutor-marked
assignments in this course. Every unit has a tutor-marked assignment
(TMA). You will be assessed in four of them but the best three
performances from the TMA will be used for your 30% grading.

vi
CSS 211 COURSE GUIDE

FINAL EXAMINATION AND GRADING

The final examination for CSS 211: The Sociology of Crime and
Delinquency will be of three hours duration and with a value of 70% of
the total course grade. Relevant areas of the course will be examined.
Find time to read the units over and over before your final e-
examination. The examination will consists of questions, which reflect
the kind of self-assessment exercises and tutor-marked assignments you
have previously encountered. All areas of the course will be assessed.

COURSE MARKING SCHEME

The following table spells out the allocation of marks.

ASSESSMENTS MARKS
Assignments (best three Assignment out of the four e- 30%
TMAs)
Final Examination 70%
Total 100%

PRESENTATION SCHEDULE

The dates for the completion of all assignments will be communicated to

you. You will also be told the date of completing the study units and
dates for the final e- examination.

COURSE OVERVIEW AND PRESENTATION SCHEDULE

UNIT TITLE OF WORK WEEK’S ASSESSMENT OF

ACTIVITY EACH UNIT
COURSE GUIDE
Module 1 The Extent and
Nature of
Delinquency
Unit 1 The Concept of Week 1 Assignment 1
Delinquency
Unit 2 Adolescence, Peer Week 2 Assignment 2
and Delinquency
Unit 3 Family and Week 3 Assignment 3
Delinquency
Unit 4 Drug, Youth and Week 4 Assignment 4
Delinquency
Unit 5 Family Court Week 5 Assignment 5
Module 2 The Extent and
Nature of Crime

vii
CSS 211 COURSE GUIDE

Unit 1 The Concept of Week 6 Assignment 1

Delinquency
Unit 2 Measurement of Week 7 Assignment 2
Crime and its Impact
Unit 3 Sources of Learning Week 8 Assignment 3
to Commit Crime
Unit 4 Community Week 8 Assignment 4
Reaction to Crime
Unit 5 Understanding Week 9 Assignment 5
Deviance
Module 3 Explanations of
Crime and
Delinquency
Unit 1 Differential Week 10 Assignment 1
Association
Unit 2 Psychoanalysis Week 10 Assignment 2
Theory
Unit 3 The Conflict Theory Week 10 Assignment 3
Unit 4 Functionalist View: Week 11 Assignment 4
Anomic
Unit 5 Interactionist Week 12 Assignment 5
Perspective:
Labeling
Module 4 Law, Crime and
Delinquency
Unit 1 Legal Definition of Week 12 Assignment 1
Crime
Unit 2 Meaning of Criminal Week 13 Assignment 2
Law
Unit 3 Nigerian Week 14 Assignment 3
Criminal/Penal Code
Unit 4 Criminal Justice Week 15 Assignment 4
Administration
Unit 5 Punishment, Week 16 Assignment 5
Correction and
Rehabilitation
Revision 1
Examination 1
Total 18

HOW TO GET THE BEST FROM THIS COURSE

In distance learning, the study units replace the conventional university

lectures. This is one of the great advantages of distance learning. You
can read and work through the special designed study materials at your

viii
CSS 211 COURSE GUIDE

own pace, and at a time and place that suits you best. Think of it as
reading the lecture instead of listening to the lecturer. In the same way,
a lecturer might give you some reading to do, the study units tell you
when to read, and spelt out your text materials or reference books.

You are provided exercises to do at appropriate points, just as lecturer

might give you an in-class exercise. Each of the study unit follows a
common format. The first item is an introduction to the subject matter of
the unit, and how a particular unit is integrated with other units and the
course as a whole. Next to this, is a set of learning objectives? These
objectives allow you to know what you should be able to do by the time
you have completed the unit. The learning objectives are meant to guide
your study. The moment a unit is finished, you must go back and check
whether you have achieved the said objectives. If this is made a habit,
then you will significantly improve your chances of passing the course.
The main body of the unit guides you through the required reading from
other sources. This will usually be either from the reference books or
from a Reading section.

The following is a practical strategy for working through the course. If

you run into any trouble, telephone your facilitator. Remember that
your facilitator’s job is to help you when you need assistance. Do not
hesitate to call and ask your facilitator to provide it.

• Read the Course Guide thoroughly, it is your first assignment.

• Organise a study schedule. Design “course overview” to guide
you through the course.

Note the time you are expected to spend on each unit and how the
assignments relate to the units. Whatever method you choose to use,
you should decide on and write in your own dates and schedule of work
for each unit.

• Once you have created your own study schedule, do everything to

stay faithful to it. The major reason that students fail is that they
get behind with their course work. If you get into difficulties
with your schedule please, let your facilitator know before it is
too late to get help.
• Turn to unit 1, and read the introduction and objectives for the
unit.
• Assemble the study material you need, textbooks, and the unit
you are studying at any point in time.
• Work through the unit. As you work through the unit, you will
know other sources to consult for further information.
• Up-to-date course information will be continuously available
there.
ix
CSS 211 COURSE GUIDE

• Well, before the relevant due dates (about 4 weeks before due
dates) access the assignment file on the NOUN website and down
load your next required assignment. Keep in mind that you will
learn a lot by doing the assignment carefully. They have been
designed to help you pass the examination. Submit all
assignments not later than the due time.
• Review the objectives for each study unit to confirm that you
have achieved them. If you feel unsure about any of the
objectives, review the study material or consult your facilitator.
• When you are confident that you have achieved a unit’s
objectives, you can start on the next unit. Proceed unit by unit
through the course and try to pace your study so that you keep
yourself on schedule.
• When you have submitted an assignment to your facilitator for
marking, do not wait for its return before starting on the next unit,
keep to your schedule when the assignment is returned; pay
particular attention to your facilitator’s comments, both on the
tutor-marked assignment, form and also the written comments on
the ordinary assignments.

• After completing the last unit, review the course and prepare
yourself for the final e-examination. Check if you have achieved
the unit objectives (listed at the beginning of each unit) and the
course objectives (listed in the course guide).

FACILITATOR/TUTORS AND TUTORIALS

You will be notified of the dates, time and location of these tutorials,
together with the name and phone number of your facilitator. Keep a
close watch on your progress and on any difficulties you might
encounter. Your facilitator will provide assistance to you during the
course. Do not hesitate to contact your facilitator by telephone or e-mail
for help. Contact your facilitator if:

• You do not understand any of the study unit or the assigned

readings.
• You leave difficulties with the exercises

You should try your best to attend the tutorials. This is the only chance
to have a face-to-face contact with your facilitator and ask questions
which are answered instantly. You can raise any problem encountered
in the course of your study. To gain the maximum benefits from course
tutorials, prepare a question list before attending them. You will learn a
lot from participating on discussion activity.

x
CSS 211 COURSE GUIDE

SUMMARY

This Course Guide gives you an overview of what you expect in the
course of this study. The course teaches you the basic principles
underlying the manifestation of crime and delinquency. We wish you
success in the course and hope you will find it both interesting and
useful.

xi
 MAIN
COURSE

CONTENTS PAGE

Module 1 The Extent and Nature of Delinquency…. 1

Unit 1 The Concept of Delinquency……………… 1

Unit 2 Adolescence, Peer and Delinquency……… 7
Unit 3 Family and Delinquency…………………… 12
Unit 4 Drug, Youth and Delinquency…………….. 17
Unit 5 Family Court (Delinquency Court)………… 23

Module 2 The Extent and Nature of Crime………… 26

Unit 1 The Social Construction of Crime………… 26

Unit 2 The Measurement of Crime and its Impact. 38
Unit 3 Sources of Learning to Commit Crime……. 44
Unit 4 Community Reaction to Crime……………. 50
Unit 5 Understanding Deviance…………………. 60

Module 3 Explanations of Crime and Delinquency… 68

Unit 1 Different Association Theory……………… 68

Unit 2 Psychoanalysis Theory…………………….. 76
Unit 3 The Conflict Theory………………………… 82
Unit 4 Functionalist View: Anomie Theory……….. 88
Unit 5 Interactionist Perspective: Labeling Theory... 95

Module 4 Law, Crime and Delinquency……………… 100

Unit 1 Legal Definitions of Crime………………….. 100

Unit 2 Meaning of Criminal Law…………………… 108
Unit 3 Nigerian Criminal/Penal Code………………. 114
Unit 4 Criminal Justice Administration in Nigeria…. 119
Unit 5 Punishment, Correction and Rehabilitation… 123
CSS 211 MODULE 1

MODULE 1 THE EXTENT AND NATURE OF

DELINQUENCY

Unit 1 The Concept of Delinquency

Unit 2 Adolescence, Peer, and Delinquency
Unit 3 Family and Delinquency
Unit 4 Drug, Youth and Delinquency
Unit 5 Family Court (Juvenile Court)

UNIT 1 THE CONCEPT OF DELINQUENCY

CONTENTS

1.0 Introduction
2.0 Objectives
3.0 Main Content
3.1 The Concept of Delinquency
3.2 Juvenile Delinquency
3.3 Early Prohibitions against Deviant Behaviours
4.0 Conclusion
5.0 Summary
6.0 Tutor-Marked Assignment
7.0 References/Further Reading

1.0 INTRODUCTION

You are going to be exposed to the concept of delinquency, the

explanation of delinquency by many scholars and the developmental
progression of antisocial behaviour. You will also study the concept of
juvenile delinquency and the early study of Juvenile behaviour.

2.0 OBJECTIVES

At the end of this unit, you should be able to:

• define the concept of delinquency and juvenile delinquency

• explain the various views about delinquency
• explain the early prohibitions of juvenile behaviour.

3.0 MAIN CONTENT

3.1 The Concept of Delinquency

Martha M. Butt, in the book, The Fair Child Family (1818), said that
“all children are by nature evil and while they have none but the natural
1
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

evil principle to guide them, pious and prudent parents must check their
naughty passions in any way that they have in their power, and force
them into decent and proper behaviour and into what are called good
habits”. This serious quote opens a different view about the life of
children. We believe that the regulation and control of children should
always be the concern of the authorities in the maintenance of rules and
social order.

Among the adolescents rebelliousness and experimentation is always

common. However, a few children consistently participate in
problematic behaviours that negatively affect their academic, social and
personal functions. These children posed great concern to the
community at large. Delinquency is a legal term for criminal behaviours
carried out by a juvenile. This criminal behaviour is often as a result of
escalating problematic behaviour. Delinquency varies among different
groups. We shall view the concept of delinquency in four different
perspectives:

i. A parental view
ii. An educational view
iii. A mental health view and
iv. A legal system view.

i. A parental view of delinquency looks at the disruptive and

delinquent behaviour that result in disobedience. It accompanies
with fighting with siblings, destruction of property, stealing of
money from the family members or they threaten parents with
violence.
ii. The educational school of thought regards delinquent behaviour
as that which interrupts or disturbs classroom learning. This
behaviour violates the school code of conduct and threatens the
safety of students.
iii. In mental health view, mental health professionals consider
delinquency to include a wide range of disruptive behaviours that
may involve aggression towards others. It includes destruction of
property, deceitfulness, theft, violation of curfew and school
attendance.
iv. In the legal system view, it establishes that government considers
persons under the age of 18 to be juvenile. However, when
children under this age commit serious crime such as murder,
they may be prosecuted as adults especially in the case of
physical development and intelligent.

The early starters in delinquency are the youngsters who begin their
criminal activities before the age of 15. What leads to this early-
occurring delinquency could be detected as early as preschool periods.

2
CSS 211 MODULE 1

They include aggressive impulse, and lacking in social skills and self-
control. Factors such as genetic influences also predispose the
youngsters to delinquency. These early delinquent youngsters come
from families with neglectful, hostile, and antisocial parents who fail to
instill self-control and a healthy conscience. Their families tend to have
low socioeconomic status, frequently unemployed, and oftentimes
divorced. As children, in school they exhibit low verbal ability, poor
academic records and serious reading problems.

A research carried out by a school centre for learning which was led by
Patterns Patterson concluded that much of what the child learns about
aggressive behaviour emanate from the interactions with siblings and
parents at home. In a study by Patterson (1986), it was discovered that
30 -40 percentage of antisocial behaviour was as a result of family
interaction. In normal families, children use aggressive ways to resolve
conflict. Conflict occurs more frequently and children resolve conflict
successfully through physical attacks. Parents of antisocial children
threaten and scold but they seldom follow through. The parents normally
at this period give in to the demands of the children rather than setting
limits. Thus, children in these families learn that aggression works.
Patterson concluded that a break-down in parenting practices produce
antisocial behaviour in children. The Antisocial behaviour in turn, leads
to delinquency in early adolescence. These antisocial behaviours learned
in the family are also transferred to the school with the same response to
the teachers and peers. Unfortunately, it is observed that teachers
normally respond to such behaviours with negative sanctions. It is only
the well behaved children that receive support from the teachers.

Figure 1 below indicates a developmental progression for Anti social

behavior in a delinquent child.
Middle childhood

Rejection by
normal peers Late childhood & adolescence
Early childhood

Poor Parental discipline Child conduct Commitment to Delinquency

and monitoring problems deviant peer group

Academic
failure

Fig.1: Developmental Progression for Anti-social Behavior in a

Delinquent Child. (Source: Patterson, DeBaryshe, Ramsey, 1989)

3
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

Delinquent behaviour is divided into two categories.

(a) ‘Status’ offences

(b) ‘Delinquency’ offences.

A. Status offences are those offences or act which would not be

considered as an offence if it is committed by an adult. They
include acts as truancy (running away from school), alcohol
possession or use; and curfew violations.

B. Delinquency offences involve destruction or theft of property,

violent crimes against persons, illegal possession of weapon and
possession or sale of illegal drugs.

SELF-ASSESSMENT EXERCISE

What is delinquency?

3.2 Juvenile Delinquency

Juvenile delinquency is a social problem because a significant number

of people find faults with the behaviour of children in the society.
According to Armand Mauss (1975), he describes the social problem in
objectivist theories. The objectivist theory locates the cause of social
problems on social structures. There are two types of objectivist
theories. (a) Left-Wing theory blames the cause of social problem on
the needed change. In this perspective, a problem like juvenile
delinquency is a product of the society. (b) Right-Wing theory explained
that social problem emanates from rapid social change. It argues that
whenever a society changes too rapidly, the relations among the people
become overstretched. When there is upset in the balance, social
problems are likely to occur. That is, structural disruptions will occur in
the society and juvenile delinquency will directly emanate from these
disruptions. In their social definitions, Morris and Hawkins believed that
juvenile delinquency means different things to different groups. It also
has meant different things in the same group at different times. The term
is used to describe a large number of disapproved behaviour of children
and youths. In this case, almost anything that youth does that others do
not like is called juvenile delinquency. For example, within a juvenile ‘s
own home, parents, siblings, or older relatives may call a certain
behaviour ‘delinquent’ even though no law has been violated. The
youngster who occasionally refuses to do his household chores, fights
with siblings, associates with ‘bad’ friends may well be called
delinquent by the parents .The family court would likely ignore such
problem.

4
CSS 211 MODULE 1

Paul Tappan provided the legalistic definition of Juvenile delinquency.

According to Paul Tappan 1949, cited in Regoli and Hewitt,1991,
delinquency is any act, course or conduct, or situation which might be
brought before the court and adjudicated; whether in fact it comes to be
treated there or by some other resource or indeed remains untreated. He
adds that Juvenile delinquent is a person who has been adjudicated as
such by a court of proper jurisdiction though he may be no different, up
until the time of court contact and adjudication, at any rate, from masses
of children who are delinquent. In this legalistic approach, any child
considered as delinquent is only defined by the juvenile (family) Court.
In a related way, juvenile delinquency reflects the combination of many
factors. First, it includes that behaviour specifically defined as
delinquent according to the various states’ juvenile codes. But these
codes are sometimes slightly ambiguous and leave room for judicial
discretion in the actual application of the law. In other words, juvenile
delinquency may be considered at times to be only violations of local
normative expectations of appropriate behaviour.

SELF-ASSESSMENT EXERCISE

Compare and contrast the social and legal definitions of juvenile

delinquency.

3.3 Early Prohibitions against Deviant Behaviours

The oldest known set of written law against delinquency is the code of
Hammurabi. This code listed appropriate punishments, including the one
that was specifically aimed at juveniles who disobey their parents. For
example, if a son strikes his father, his hands shall be cut-off. In the
sixteenth and seventeenth centuries, it was discovered that the legal
codes of the New England colonies reflect the Biblical Scripture of
Deuteronomy 21:18-21, which states thus: “if a man have a stubborn
and rebellious son, which will not obey the voice of his father, or the
voice of his mother, and that, when they have chastened him, will not
hearken unto them; then shall his father and his mother lay hold on him,
and bring him out unto the elders of his city, and unto the gate of his
place; and they shall say unto the elders of his city, This our son is
stubborn and rebellious, he will not obey our voice; he is a glutton, and a
drunkard. And all the men of his city shall stone him with stones that he
dies; so shall thou put evil away from among you”.

The Massachusetts code of 1648 states that if a man has a stubborn or

rebellious son, of sufficient years and understanding, i.e. 16 years of
age, who will not obey the voice of the father or voice of the mother,
and that when they have chastened him will not harkens unto them; then
shall his father and mother being their natural parents, lay hold on him

5
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

and bring him to the magistrates assembled in court and testify unto
them, that their son is stubborn and as such the son shall be put to death.
At the end of the seventeenth century, concern over juvenile
delinquency becomes widespread. Most of the juvenile delinquencies
involved theft of some sort, violent crime was also common. The
juveniles were sent to prison for theft and murder while at the same time
others receive harsher penalties.

The puritans viewed juvenile delinquency as being born in sin and on

the other hand, they believed that special legal provisions, for the
juveniles should be different from that of the adults. For the puritans,
delinquency and sin were not distinguishable. The misbehaviors of the
children were viewed as an offence against God and God’s law.

SELF-ASSESSMENT EXERCISE

Explain the early treatment of juvenile behaviours in the sixteenth and

seventeenth centuries.

4.0 CONCLUSION

From this unit, you have learnt about juvenile delinquency as an

unacceptable range of behavior. The juvenile delinquency is a social
problem because of their unusual normative behaviour in the society.
We concluded that juvenile delinquency is a product of the society due
to social changes, and at the same time the overstretched economy.

5.0 SUMMARY

In this unit, you have learnt about the concepts of delinquency and
juvenile delinquency. The explanations of delinquency by different
scholars with different views were considered.

6.0 TUTOR-MARKED ASSIGNMENT

Compare and contrast the social and legal definitions of juvenile

delinquency.

7.0 REFERENCES/FURTHER READING

Regoli, R.M. & John, D.H. (1991). Delinquency in Society - A Child-

centered Approach. New York: McGraw.

Siegel, L. J. & Joseph, J. S. (2005). Introduction to Criminal Justice.

Australia. (10th ed.). Thomson.

6
CSS 211 MODULE 1

UNIT 2 ADOLESCENCE, PEER, AND DELINQUENCY

CONTENTS

1.0 Introduction
2.0 Objectives
3.0 Main Content
3.1 Adolescence, Peer, and Delinquency
4.0 Conclusion
5.0 Summary
6.0 Tutor-Marked Assignment
7.0 References/Further Reading

1.0 INTRODUCTION

We shall explain the concepts of adolescence and peer group. The

biological and psychological perspectives in adolescence will be
discussed. The subject-matter is the study of behaviours that are fraught
with storm and rebellion against adult authority.

2.0 OBJECTIVES

At the end of this unit, you should be able to:

• recognise the concepts of adolescence and peer group

• explain the various biological and psychological perspectives in
adolescence and peer group
• discuss the physiological and social characteristics of adolescence
and peer group.

3.0 MAIN CONTENT

3.1 Adolescence, Peer and Delinquency

(A) Adolescence

Adolescence has different meanings to different people and groups.

According to Morris, 1996, adolescence is a buffer stage between
childhood and adulthood. He argued that it corresponds roughly to the
teenage years. This is associated with the emotional and social turmoil.
During this awkward period of life, the individual is neither a child nor
an adult. Adolescence entails a period of storm and stress, full of
identity crisis fraught with conflict. It is a period a young person
experience conflict with their parents. They attempt to discover who
they are and their place in the society. This period is linked to the onset
of puberty. This signifies a sexual maturation. In girls, the growth
7
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

spurts in first menstrual period (Menarche) between 12 and 13 years.

The age at menarche is influenced by health and nutrition. The cognitive
abilities of adolescents undergo transition from the concrete operation to
the understanding and manipulation of abstract concepts. The point of
which individuals become biologically capable of reproduction .It is a
typical stage of life to physiological changes. The sociological
explanation argues that the instability of adolescence results from
inconsistencies in the socialisation process.

Here, we shall examine the biological and psychological view points of

adolescence.

The biological approach looks on the adolescent life through biological

changes in the puberty stage. The puberty period introduces some
dramatic and obvious changes. Such changes include genital and
shoulder development in boys, menstruation, breast and hip
development in girls. Similarly, the growth of pubic hair, changes in
voice pitch and sweat glands and major increases in weight and height.
According to Zuckerman, 1991, the biological changes determined the
features of the youths to indulge in sensation seeking. The reason is that
there are particular biochemical and hormonal conditions found at that
stage of development.

The psychological approach dominates the field of adolescence.

According to the psychological view, adolescence is characterised by an
emotional and turbulent field of storm and stress, brought on by the
various biological changes of puberty. Such storm and stress were
viewed as inevitable and thought to be universal. It is not limited to any
particular social class or culture. Thus, it was concluded that adolescents
in general suffer from rather serious problems: emotional volatility, need
for immediate gratification, impaired reality test, failure of self criticism,
and indifference to the world at large. And, of course, the adolescent
personality has also been viewed as unique, one that will hopefully,
change with growth and maturity (Regoli and Hewitt, 1991).

SELF-ASSESSMENT EXERCISE

(1) Describe the biological components of adolescence.

(B) Peer Groups

The peer groups are people with common interests and social position
who are usually of the same age. A peer is usually drawn from the
neigbourhood and playmates. They are usually composed of friends
from schools and recreational activities. The group has similar interests
and strong mutual attachment. This nature of interaction which tends to

8
CSS 211 MODULE 1

be small- unisex relations in early adolescence is called cliques. It is

later developed to mix-sex groups in which romantic interests are
common (Morris, 1996). The young people are often attracted by peer
groups because they escape from the obligations of the parents and
teachers. They developed their own sense of social relationships from
their families. Their interactions are more, and intensively outside the
family. This independence gives them valuable experience in forging
social relationships. This makes parents to express concern about who
their children’s friends are. This greater autonomy of peer group often
makes the parents to prefer their children associations with those from
the same social background only. According to Macionis, it will
reinforce the group rather than undermine them. In a society, where the
social patterns, interests and attitudes of the peer group differ
considerably from the parents, result in what we called ‘generation gap’.
Here, the peer groups often rival the influence of parents. The greatest
type of peer group is observed during the adolescence. It is a period
when the young people begin to break away from their parents. They
think of themselves as responsible adults. They seek to conform to their
in-groups while forming an identity in opposition to various out groups
(Macionis, 1987).

Peer groups have been a topic of considerable interest and concern in the
twentieth century. The apparent rise of peer group was the growing
division between the young people and their parents (the older
generation). This division included differences in social activities,
political interests, clothing styles, and music. This division enables the
young people to turn away from their parents and seek close ties with
their peers or age-mates. They create their own subculture. They
manufacture their own culture-language, symbol, and value distinctions
unlike those of adults.

As a result of this rapid changes, they become anomic, a condition in

which people cannot agree on what the norms and values should be. The
parents will typically want them to retain the same norms they were
raised with. The parents become resistant to this new role and want to
slow down the change as much as possible. But in doing this, they create
conflict with their own children. The adolescents find that the norms and
values, their parents want to maintain do not give them a sense of worth
or accomplishment. The peers assume a crucial role in the socialisation
process. They developed suggestions on how to adapt to the
normlessness of the adolescence. They discovered that their play mates
respect them and give them a dignity that their parents do not. Like
adults, children like how it feels to be respected. Thus, they come to
enjoy spending time with those peers who are most respectful toward
them (Regoli and Hewitt, 1991).

9
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

SELF-ASSESSMENT EXERCISE

Describe the social relationships between the peers and parents.

Alarmist Views on Peer Groups

The Alarmists believed that the period of adolescence and intense peer
group activity is a time in youth’s life which is most likely to lead to
conflict with adults, conventional institutions, and the law. Rebellious
group behaviour is viewed by the alarmist as the indication of extensive
in-group rejection of conventional values. For instance, groups of young
person walking down side walks appear intimidating to the adults. This
is because of their choice of clothing, the music that comes from their
‘ghetto blasters’ or their look of alienation and separation from adult
roles. Some scholars of criminology believed that many youngsters
belong to delinquent gangs whose primary goal is to commit offences
against persons and property. Adolescents who are delinquents are said
to accept the delinquent role because they learn it early on while
associating with older delinquents. Soon they look upon delinquency as
a way of life and finally a career. As they are committed to delinquency,
they feel compelled to commit more and more offences. The alarmists
caution that the juvenile justice policies need to pay greater attention to
those social forces that leads youths away from the conventional adult
roles into adolescent subculture. This subculture is characterised by
gangs, sex, drugs, and crime (Regoli and Hewitt, 1991). According to
Herman and Julia Schwendinger, delinquency is largely concentrated in
social groups or networks that are independent of social class lines.
These peer-status groups are relatively informal and autonomous and yet
maintain social compositions in forms of dress, and languages. The first
group called the socialites (referred to as’ gods’, elites, or swingers)
imitates the lifestyles of the more affluent.

SELF-ASSESSMENT EXERCISE

Explain the major view of the Alarmists.

4.0 CONCLUSION

From this unit, we have explained adolescence as a period of storm and

stress. The classical view of adolescence is fraught with conflict, anxiety
and tension. Adolescence is what Marcia called Moratorium status. It is
a period of identity crisis. In peer group, the child is subject to less adult
supervision.

10
CSS 211 MODULE 1

5.0 SUMMARY

In this unit, you have learnt about the concept of adolescence and peer
group. The biological and psychological perspectives of adolescence
was explained. We also discussed physiological characteristics of
adolescence as well as the sociological characteristics of peer groups.

6.0 TUTOR-MARKED ASSIGNMENT

Explain the psychological view as it relates to adolescence.

7.0 REFERENCES/FURTHER READING

Macionis, J. J. (1987). Sociology. New Jersey: Prentice-Hall.

Morris, C. G. (1996). Psychology- An Introduction. (9th ed.). New

Jersey: Prentice-Hall.

Reid, S. T. (2006).Crime and Criminology. Boston: (11th ed.). McGraw

Hill.

Regoli, R. M. & John D. H. (1991). Delinquency in Society- A Child-

Centred Approach. New York: McGraw – Hill.

Zuckerman, M. (1991).Psychobiology of Personality. Cambridge:

Cambridge University Press.

11
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

UNIT 3 FAMILY AND DELINQUENCY

CONTENTS

1.0 Introduction
2.0 Objectives
3.0 Main Content
3.1 Family and Delinquency
4.0 Conclusion
5.0 Summary
6.0 Tutor – Marked Assignment
7.0 References/Further Reading

1.0 INTRODUCTION

We shall examine the family institution and the cause of delinquency.

We shall also look at two perspectives about the family structure
considering the factors of teenage pregnancies, broken homes, abuse,
etc.

2.0 OBJECTIVES

At the end of this unit, you should be able to:

• recognise the concept of the family as a variable related to

delinquency
• explain the alarmists and reassuring views about the family
• discuss the sociological explanations of the family structure that
influence delinquency.

3.0 MAIN CONTENT

3.1 Family and Delinquency

Social class may not be a cause of delinquency. Other variables thought

to be related must be considered along with other factors. For example,
a traditional approach is that broken homes are the most related
variables to delinquency. However, according to Cesar, F. Rebellon, as
cited in Reid 2006, research shows that many children from broken
homes do not become delinquent. He maintained that separation and
divorce of parents are more strongly associated with delinquency than
are single – parent household. There is evidence that physical,
emotional, psychological, sexual, and other forms of abuse of young
children are associated with subsequent behaviour problem.

12
CSS 211 MODULE 1

According to Hawkins, juveniles with criminal fathers are much more

likely to commit juvenile offences. Those who are sexually abused or
physically abused in other ways as children are more likely than others
to engage in delinquent and criminal acts. Lack of good family
management is associated with subsequent delinquency and substance
abuse. Poor family management includes the following: Lack of clear
parental expectations, poor supervision and monitoring by parents,
severe and inconsistent discipline. Low levels of parental involvement
in children’s activities may precipitate aggressive and violent behavior
and separation of children from their parents before those children are
10, may predict future violence. There are two perspectives viewed in
respect of family and delinquency: (1) the Alarmist view and (2) the
Reassuring view.

1. The Alarmists say that the family is in very serious condition and
is getting progressively worse. They cite these degenerative
symptoms that marriage is something fewer and fewer people
want. That being a homemaker is something that fewer and
fewer women want, i.e. if a woman does not want to marry and
make a home, then she will seek satisfaction and fulfillment
elsewhere. They believed that fewer and fewer people want a
large number of children. Sacrifice and self – denial are things
that fewer and fewer people are willing to practice. Hedonism
and self – fulfillment are things that more and more people are
pursuing. More people actively seek a life with new thrills and
pleasure instead of order, and the tedium of work. The alarmists
argue that the family is the one institution that holds society
together. If the family loses its influence, children will not get
the guidance they need. So, in this case the children grew up
wild,
2. Unsocialised, and disruptive. The Alarmists say the family
should revert to the traditional form. It should have a resident
father and an ever-present mother who instruct their children the
values and morals of the society. They should also provide role
models, authority, and supervision. Otherwise, children might
turn to serious delinquency.

3. The Reassuring View: The argument is that today’s family is

alive and well, vital and hardy. Still the family is the primary
force in raising the nation’s young.

It is natural that here we shall consider the sociological explanations of

delinquency by examining the family structure and factors that influence
the behaviours of delinquency than the experiences of the child growing
up in the family.

13
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

SELF – ASSESSMENT EXERCISE

Examine the two views about family and delinquency.

A. Single – Parent Families and Delinquency

The section examines the impact of teenage pregnancy and the rise of
single – parent families (created out-of-wedlock). This is rapidly
becoming a norm in the society. Teenage pregnancies are strongly
associated with a variety of compounding problems for the child. The
teen mothers are more likely to leave secondary school prior to
graduation; more likely to be unwedded and to remain unmarried. The
teenage mother has to manage not only social disapproval but also the
task of caring and financially providing for her child. In order to do so,
she is typically forced to leave school and to forgo further job training
and other opportunities for economic advancement (Regoli and Hewitt,
2006).

Single – parent families of all ages are much more likely than intact
families to experience economic pressures. Early adolescent
pregnancies have been associated with rebelliousness at school
(disciplinary problems in school, truancy, etc.) and in the home. Girls
who report greater emotional distance from their parents and who rarely
talked with parents about their activities are more likely to become
single mothers. Prevention of teenage pregnancies should be relied
primarily on educating adolescents about their sexually and birth
control. Hayes, 1987 cited in Regoli and Hewitt, 2006 advocates that
contraception and abortion are anathema to family life. Teenagers
should be taught the value of sexual abstinence or deferment until
marriage.

SELF – ASSESSMENT EXERCISE

What are the disadvantages of single – parenting?

B. Broken Home and Delinquency

The broken home is produced by a separation or divorce. It has been the

focus of research to examine relationship between family structure and
delinquency. Divorce generates “family tensions” in which relatives
and friends choose sides and attempt to ‘win’ by attacking the former
spouse. Children find themselves caught in the middle, often being
defined as a victim or expected to accept new definitions of the former
spouse. In either case, the conflict becomes stressful for the child.
Waller stein and Kelly, (1980), in Regoli and Hewitt, (2006) studied
families that were in their early stages of breaking up relationships. That

14
CSS 211 MODULE 1

is, after 18 months of staying apart, and after 5 years intervals. In the
first period, both parents felt a lower standard of living, depressed and
loneliness. The mothers were over-burdened with the roles of
breadwinning and home making. The children were often up set and
opposed to the divorce. In general, children become more angry,
aggressive, and unruly during this initial stage, because of their
deteriorating relationship with their mother.

Eighteen months later, some mothers were still depressed, but parent –
child relations were healing and children themselves improved. Girls
improved more than boys by the end of this second stage. At the 5 –
year point, conditions were slightly worst than at 18 months. The
children increased in anger and depression. How the child progressed
depend on the relationship with the same – sex parent. The stepfather
usually does not complement the role of the natural father.

The research concluded that divorce sets in motion a chain of actions

that hunts family life for many years. Some specific consequences of
divorce on children include all dimensions of living, not limited to
discipline, playtime, physical care, and emotional support. It is
discovered that divorcing parents spend less time with their children and
are less responsive to their needs

SELF – ASSESSMENT EXERCISE

What are the effects of broken homes?

c. Parental Attachment, Abuse, Neglect and Delinquency

Alarmists view of the family and its impact on delinquency is based on

the parental absence, leniency, and inadequate supervision. Parents
influence their children through emotional closeness. That is, children
who like their parents very much will respect their parents’ wishes and
stay out of trouble. According to Nye and Hirschi, children with strong
connections to their parents, often in the form of affection relationship
are less likely to be involved in delinquent behavior. According to
Hirschi, parents, with criminal records do not encourage criminality in
their children.

Regoli and Hewitt believed that the family is an oppressive institution.

The reason is that family relationships are built around dominance and
control of activities. Neglect is the failure to act and abuse is to act
excessively. Abuse can be either physical (which includes sexual) or
mental physical abuse reflects hits, pushes, kicks, bites, or punches
against a child. Physical abuse is a curious phenomenon where nearly
all parents hurt their children. Even the traditional spanking of children

15
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

are said to be abusive, parents strike a child until they see that the pain
level is enough. But some parents cannot stop hitting once they start.
They lose control and hit and hit and hit.

SELF – ASSESSMENT EXERCISE

What is the importance of disciplines in the families?

4.0 CONCLUSION

From this unit, the students should be able to know the structural factors
in the family that cause delinquency. We demonstrated that the tendency
to point to teenage pregnancies, broken homes, abuse and neglect are the
major causes of delinquency.

5.0 SUMMARY

In this unit, we have learnt about family and delinquency underlying the
structural factors of the family that brought about delinquency. We also
mentioned about the alarmists and reassuring views about family and
delinquency.

6.0 TUTOR – MARKED ASSIGNMENT

Evaluate the structural factors of the family to understanding

delinquency.

7.0 REFERENCES/FURTHER READING

Conklin, E. J. (2007). Criminology. ( 9th ed.). Boston: Pearson.

Hall-Williams, J. E. (1982). Criminology and Criminal Justice. London:

Butterworth.

Reid, S. T. (2006). Crime and Criminology. (11th ed.). Boston:

McGraw Hill.

Regoli, R. M. & John, D. H. (1991). Delinquency in Society: A Child-

Centered Approach. New York: McGraw – Hill.

16
CSS 211 MODULE 1

UNIT 4 DRUG, YOUTH AND DELINQUENCY

CONTENTS

1.0 Introduction
2.0 Objectives
3.0 Main Content
3.1 Drug, Youth and Delinquency
4.0 Conclusion
5.0 Summary
6.0 Tutor – Marked Assignment
7.0 References/Further Reading

1.0 INTRODUCTION

We shall look at the conflicts in the families, drug, youth and

delinquency. We shall examine the drugs that are frequently abused by
the youth, and the effects of drugs and delinquency.

2.0 OBJECTIVES

At the end of this unit, you should be able to:

• identify the classes of drugs often abused by the youth

• explain drug use and its effects, and explore the ways the youths
learn to commit crime.

3.0 MAIN CONTENT

3.1 Drug, Youth and Delinquency

Conflict in families, poor communication between parents and children,

disciple problems and poor performance in classroom are myriads of
problems facing youths using drugs. Drugs use usually brings about
delinquency among the youths. Some of these drugs are grouped into
(1) stimulants; (2) Narcotics, (3) Depressants and (4) Cannabis.

1. Stimulants are drugs that stimulate the central nervous system

and alter the state of the user. Examples of drugs in this category
are cocaine, amphetamine, caffeine and nicotine. Cocaine is
called snow or blow in Nigerian streets. Amphetamines are used
to increase energy and fighting spirit.
2. Narcotics are drugs which diminish the awareness of sensory
impulses, especially pain, by the brain. This action makes for the
relief of pain. This depressant action works to relieve pain and to
induce sleep. Examples of this drug are heroin, opium, morphine
17
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

and codeine. It is common in Nigeria streets where it is called

gbana, staff or horse. From the street, the youths learnt that such
drugs could be used to escape anxiety, boredom and loneliness.

3. The depressants otherwise called sedative or hypnotics are drugs

that have effects on the brain. This category includes the
sleeping pills – barbiturates, tranquilizers, (valium, Librium) and
alcohol (beer, whisky, etc). The barbiturates and mild
tranquilizers are common. They are called sleeping pills or
sleeping tablets. Alcohols are known as booze, ogogoro, holy
water, etc on the streets. It is one of the depressants in particular
that is most abused by youths.
4. Cannabis is obtained from the Indian hemp plaint called cannabis
sativa. It is another important aspect of drug that is abused by
youths today. On Nigerian streets, Cannabis are called all sorts
of names ranging from grass, wee – wee, kaya, stone, eegbo,
ganja etc. Among the youths marijuana is the second most
common drug abused after alcohol (Chukwunka, 1992).

According to Merton, drug abuse causes delinquency. The cause is as a

result of the competitive and materialistic nature of the society. In this
type of society, success through legitimate means is obtained by
relatively few individuals. The situation denotes frustration and
disappointment because of the burdensome hurdles it erects to
accomplishing goals. The youths who are not able to achieve success
are most likely to choose deviant options/ behaviours in order to deal
with their failure. Merton added that Retreatism, as an adaptation,
involves rejection of both the cultural goal of success and the approved
means to achieve success. Richard Cloward and Lloyd Ohlin (1960),
argued that delinquency is the result of the great disparity between what
youths are taught to have and what is actually available to them. Youths
who join a delinquent subculture want to achieve success, but since their
legitimate path is blocked, they turn to illegitimate means in the form of
delinquency and, eventually, crime. Regardless, drug use is seen as a
way out from failing to ‘make it’ in the conventional society as well as
failing to achieve success in the criminal world. The individual has
failed twice and, consequently, retreats into a world of drugs.

SELF – ASSESSMENT EXERCISE

Name the classes of drugs you have studied.

1. Drug Use and Delinquency

We establish here the spurious relationship between adolescent drug use

and delinquent behaviour. According to Wolfgang (1958), the effects of

18
CSS 211 MODULE 1

alcohol are clearly associated with crime of violence and sexual

aggression. Violent crimes are also committed by persons acting under
the influence of drugs other than alcohol. Studies conducted showed
that after alcohol, barbiturate is the most common drug taken by
adolescents who engaged in assaultive behaviours. But while
barbiturates and alcohol do not directly cause an individual to commit a
criminal or violent act they may well enhance the possibility or increase
the likelihood of the individual acting violently. Violent crime has also
been found to be associated in other drugs such as cocaine, opiates, and
methadone. Perhaps more than any other drug, heroin has been
associated with criminal behaviour. The crime rate among heroin users
is extremely high and much of the criminal activity of addicts is goal –
oriented; it is aimed at generating money to buy more heroin. Juveniles
who use heroin are much more likely to be involved in delinquent
behaviour before having tried heroin the first time. It is true that most
individuals who become users of narcotics engaged in delinquent
behavior even before they try to use drugs. Their use of and
involvement in narcotics does not significantly accelerate the frequency
with which they engage in criminal activity.

Finally, sociologists suggest that having delinquent friends and engaging

in delinquency is likely to lead an adolescent into drug use. They
concluded that there was a causal relationship between subsequent drug
use and two other factors: prior delinquency and involvement in
delinquent peer groups. In other words, having strong bonds to
delinquent peers increases the risk of both delinquency and drug use for
all youths. In addition, as youth are more involved in drug use, they are
significantly more likely to become sexually active.

This pattern has important long – term implications. For examples, as

youths are more sexually active, and the frequency of sexual intercourse
increases, so too does the probability of becoming pregnant for girls and
giving birth to an unplanned and possibly unwanted, child. In this way,
drug use may contribute to the cycle of abuse, and delinquency.

2. Learning to Use Drugs

According to Edwin Sutherland, delinquency behaviour is learned. The

idea is that a person learns delinquent or criminal behaviour through an
interactive process as learning. In operant conditioning drawn from the
field of psychology, Goode, (1989) discusses about social learning. He
argues that a person’s behaviour is as a result of group – based
reinforced learning situations.

He believes in his book that, by interacting with members of certain

groups, people learn definitions of behaviour as being good or bad. It is

19
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

in the group setting, differentially for different groups, where reward

and punishment take place, and where individuals are exposed to
behavioural models and normative definitions of certain behaviour as
good or bad.

Adolescent drug use for example then, is positively reinforced by

exposure to role models, approval of drug use of peers, and the
perceived positive or pleasurable effects of the drug itself. To the extent
that the individual’s drug use also is not negatively reinforced by either
bad effects of the drug or by statements or actions by parents, peers, or
authorities, drug use will persist. Further to this, Radoservich et.al,
added that social learning concludes the extent to which substances will
be used or avoided depends on the extent to which the behaviour has
been differentially reinforced over alternative behavior and is defined as
more desirable.

i. Weakening of Social Controls

According to Hirschi (1969), delinquency is the result of an absence or

weakening of those social control mechanisms that ensure conformity.
Without established social controls, people will simply pursue their self
– interests, including the pursuit of pleasure. A strong social bond to
conventional social institutions reduced the likelihood of deviation from
normative expectations. But the weakening of the bond releases people
from the constraints of those norms.

ii. Socialisation into drug-use by the subculture

The basic factor to this approach is that youths begin and continue to use
drugs as the result of their involvement in social groups in which drug-
use is encouraged. For many adolescents, membership in one drug
subculture may bring involvement in other drug subcultures. For
example, the uses of any of the following: alcohol, marijuana, cocaine,
and heroin or multiple drugs etc. As an adolescent’s involvement in a
drug – using subculture deepens, he becomes increasingly socialised
into the values and norms of the group and drug – using behavior is
likely to ensue.

Howard Becker has described the process of becoming a marijuana user

through the interaction with marijuana – using subculture. For an
individual to become a marijuana user, three elements must occur. First,
one must learn the proper technique for smoking marijuana to produce
the desired effects. Second, one must learn to perceive the effects and
connect them with marijuana. And third, one must define the effects of
marijuana smoking as pleasurable.

20
CSS 211 MODULE 1

iii. Oppression and Family Conflict

Our position here is that delinquency is essentially a product of the

oppressive treatment of children by adults in society. This occurs
mainly in a home characterised by poverty, disruption, and conflict. The
presence of these conditions is capable of producing drug using habit
among the children. Parental failures, fighting, extreme or inconsistent
discipline of children, lack of communication, physical and sexual
abuse, emotional distance and disrupted marriage all take toll on
children.

Drug use may help to ease the pain of criticism. It may function as an
escape from the fears of next assault by an abusive parent or group.
Jurich et al (1985), reports that adolescent drug abusers (those who use
drugs nearly on daily basis) were more likely to have parents who use
laissez faire or authoritarian patterns of discipline rather than democratic
ones or whose parents were inconsistent in their disciplinary pattern.

4.0 CONCLUSION

From this unit, the students would be able to understand the negative
effect of addiction and psychological dependence of drugs. We
established the roles and development or learning of drugs by the
delinquents.

5.0 SUMMARY

In this unit, we have learnt about the conflicts between drug, youths and
delinquency. We examined the classes of drugs frequently abused by
the youths and also the reasons for the weakening of social controls and
the emergence of the subcultures. We also examined the roles and
development of drugs by peers

6.0 TUTOR-MARKED ASSIGNMENT

Examine the many views about the factors to learn the use of drugs.

21
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

7.0 REFERENCES/FURTHER READING

Butt, M. M. (1818).The history of the Fairchild Family- the Importance

and Effects of a Religious Education. London: Piccadilly and
Sons Ltd.

Regoli, R. M. & John, D. H. (1991). Delinquency in Society- A Child-

Centred Approach. New York: McGraw – Hill.

Siegel, .J. L. & Joseph, J. S. (2005). Introduction to Criminal Justice.

(10th ed.). Australia: Thomson.

John, W. S. (2001). Adolescence. New York: McGraw – Hill.

22
CSS 211 MODULE 1

UNIT 5 FAMILY COURT (JUVENILE COURT)

CONTENTS

1.0 Introduction
2.0 Objectives
3.0 Main Content
3.1 Family Court
4.0 Conclusion
5.0 Summary
6.0 Tutor – Marked Assignment
7.0 References/Further Reading

1.0 INTRODUCTION

Family court is otherwise known as juvenile court because of its

paternalistic philosophy. A family court is the court that decides on
matters and orders which relates to family law. Family court is a
statutory creation which deals with equitable matters of superior court.
The family courts were first established in the United States in 1910, and
then it was called domestic relations courts.

2.0 OBJECTIVES

At the end of this unit, you should be able to:

• discuss the concept of the family court

• explain the concept of Parens Patriae philosophy
• recognise the juvenile justice system and the origins of juvenile
justice.

3.0 MAIN CONTENT

3.1 Family Court (Juvenile Court)

Family court is otherwise known as juvenile court because of its

paternalistic philosophy (i.e. related through father). A family court is
the court that decides on matters and orders which relates to family law.
Family court is a statutory creation which deals with equitable matters of
superior court. The family courts were first established in the United
States in 1910, and then it was called domestic relations courts (Regoli
and Hewitt, 1991).The family courts deal with laws that are family-
related as well as issues of domestic relations. The law deals with (a) the
nature of marriage, civil unions and domestic partnership. (b) Issues
arising through marriage, including spousal abuse, surrogacy, child

23
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

abuse and abduction. (c) the termination of the relationship and ancillary
matters including divorce, annulment, property settlements, alimony,
and parental responsibility orders.(d) paternity fraud, and juvenile
adjudication. It means that reformers emphasise more on the needs than
the rights of the children. The juvenile court reaffirmed and extended on
the Parents Patriae doctrine.

The Parents Patriae (state as father) doctrine states that the states, not
the parent(s) assume the exclusive guardianship of children. That is, the
state acts as the benevolent parent to assume responsibility for the care
and development of its children. As a parent, the state enjoyed wide
attitude in its effort to redeem the delinquent child. The reformers view
the control of state over the lives of the children as a positive expression
of society’s concern. The state’s regulation of the child’s life takes a
variety of forms. The variety includes compulsory school attendance,
restrictions on child labour, and strict supervision of leisure activities.
The concerned reformers enlarged the ideal of the state as parent. They
include the handling of children in the judicial system. The most
important of the court organisation is its system of probation. The
probation officers (the arresting officers) perform two crucial tasks:
investigates the case and reports to the judge all available information
about the family and other features of the environment of the boy, the
boy’s personal history at home, school and on the street and post
sentence supervision.

The significance of the juvenile court is the separation of the youthful

and adult offenders. The juvenile court was an attempt to supervise the
problems of the children closely rather than the previous times when the
supervision was done in the child’s own home. In 1962, the Family
Court Act of New York avoided the use of the term juvenile delinquent
in its jurisdictions because it was negatively labeled. It was applied to
those children between 7 and 16 who had committed an act that would
be considered criminal if committed by an adult. For those children who
were habitually truant, disobedient, or incorrigible who were beyond
parental control, the court utilised anew label, persons in need of
supervision (PINS).

The juvenile justice system was meant to prevent future criminal

conduct by applying techniques and services designed to reform and
rehabilitate the youthful offender. Therefore, the state, acting as Parens
Patriae, intervened in the juvenile’s life. Such broad jurisdiction was
based on the assumption that the natural parents are concerned with the
undesirable behaviours of the children. Today, the juvenile court’s
power is typically exercised over youths charged with conduct that
would be criminal if committed by an adult (delinquency jurisdiction).
The youths are charged with undesirable behaviours conducts that could

24
CSS 211 MODULE 1

not be criminal if performed by an adult (status offence jurisdiction),

and youths who come to the court’s attention because of parental
deficiencies or misconduct (dependent, neglected, and abused children)
are also charged.

In juvenile court status, detention means the temporary care of children

in physically restricting facilities pending adjudication, disposition, or
implementation of disposition. However, the juvenile courts generally
are not organised to gather and assess relevant facts and to make official
decisions. But, it is based on three reasons: to protect the child; to
protect society from further lawbreaking by the child; and to prevent the
child from absconding. The juvenile court system emerged from a
vehement belief that the aim of the rehabilitation could be best attained
if juveniles were treated with maximum flexibility, informality, and
discretion, especially at the dispositional stage. The dispositional
hearing is the sentencing stage of the criminal court proceedings.

The modern practice of legally separating adults and juvenile offenders

can be traced to two developments in English custom and law: poor laws
and chancery court. Both were designed to allow the state to take
control of the lives of needy but not necessarily criminal children.

The poor laws was a statute passed in 1535, whose aim is the
appointment of overseers who place the neglected children with
families, to train them in agricultural, trade, or domestic services. This
practice was referred to as indenture. In contrast, chancery courts were
created to protect the property rights and welfare of the more affluent
minor children who could not care for themselves. That is, children
whose position and property were of direct concern to the monarch.
Chancery courts operate under the Parens Patriae philosophy, which
held that children were under the protective control of the state and its
rulers were justified in intervening in their lives.

The establishment of the juvenile court was an attempt to control and

care for neglected youths. Therefore, youngsters found delinquent in
juvenile court could spend years in a state training school. The reform
schools were based on the concept of reform through hard work and
discipline. The general system was to be away from punishment and
toward rehabilitation through attending to the needs of the individual
and by implementing complex programmes of treatment.

The juvenile justice system establishes the right of juveniles to receive

due process of law. The juveniles have equal rights as those of the
adults in areas of trial process, including the right to confront witnesses,
notice of charges, and the right to counsel.

25
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

Once a juvenile has been taken to custody, the child has the same right
to be free from unreasonable searches and seizures as an adult does.
Children in police custody can be detained prior to trial, interrogated,
and placed in line. However, because of their youth and inexperience,
children are generally afforded more protections than adults.

4.0 CONCLUSION

From this unit, we have established the fact that the juvenile court or
family court emanated from the concept of paternalistic philosophy
which states that the state acts as the benevolent parent to assume
responsibility for the care and development of its children. The issue of
juvenile court is an attempt to control and care for the neglected youths.

5.0 SUMMARY

In this unit, we have learnt about the juvenile justice system that is
concerned with delinquent children, as well as those who are beyond the
care and protection of their parents. The juveniles involved in antisocial
behavior come under the jurisdiction of juvenile or family court systems.

6.0 TUTOR-MARKED ASSIGNMENT

Analyse the concept of the paternalistic philosophy in juvenile or family

court system.

7.0 REFERENCES/FURTHER READING

Regoli, R. M. & John D. H. (1991). Delinquency in Society: A Child-

Centred Approach. New York: McGraw – Hill.

Siegel, .J. L. & Joseph, J. S. (2005). Introduction to Criminal Justice.

Australia: (10th ed.). Thomson.

John, W. S. (2001). Adolescence. New York: McGraw – Hill.

Rice, F. P. & Kim, G D. (2002). The Adolescent-Development,

Relationships, and Culture. Boston: Allyn & Bacon.

26
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

MODULE 2 THE EXTENT AND NATURE OF CRIME

Unit 1 The Social Construction of Crime

Unit 2 The Measurement of Crime and its Impact
Unit 3 Sources of Learning to Commit Crime
Unit 4 Community Reaction to Crime
Unit 5 Understanding Deviance

UNIT 1 THE SOCIAL CONSTRUCTION OF CRIME

CONTENTS

1.0 Introduction
2.0 Objectives
3.0 Main Content
3.1 The Social Construction of Crime
3.2 Nature of Crime
4.0 Conclusion
5.0 Summary
6.0 Tutor – Marked Assignment
7.0 References/Further Reading

1.0 INTRODUCTION

In this unit, we shall examine various definitions of crime. We shall

establish different views about crime. Students will be exposed to the
meaning of crime.

2.0 OBJECTIVES

At the end of this unit, you should be able to:

• definition of crime
• discuss different views of scholars to crime
• explain the meaning of crime in your own way.

3.0 MAIN CONTENT

3.1 The Social Concept of Crime

Child abuse, murders, domestic violence, fraud, political corruption and

so on, are always the news of the day, on our local media. Even in the
newspaper reports and suspense novels always gather the best – sellers
list in the world. The crimes that appeal most to the news media are
those that are visible and spectacular. They have sexual or political
26
CSS 211 MODULE 2

implications and always threaten the social order. They can be

presented in a graphic – usually violent – terms and seem to be a product
of individual aberrations rather than social conditions. Most people have
a common sense of what crime is, but social scientists try to define
crime in precise terms. By defining crime in an exact way,
criminologists specify the domain of their study. The definitions of
crime influence the causes of criminal behaviour that criminologist will
study.

Michael Gottfredson and Travis Hirschi (1980) in their influential book

– “A General Theory of Crime”, define crime as “an act of force or
fraud undertaken in pursuit of self – interest”. They explicitly avoid
defining crime in legal terms. That is, a definition in terms of violating
the criminal law. They preferred a definition that is based on “the nature
of crime”. This is based on what they referred to as “ordinary crime”.
Ordinary or mundane crime is described as a crime that provides
immediate and easy gratification of desires, few long-term benefits, little
skill or planning, and pain for the victim. This definition excluded the
highly organised crimes such as murder and armed robbery, etc.
Gottfredson and Hirschi suggest that highly structured crimes are rare in
certain societies because scholars or law – enforcement officials have
imposed rules on what is really the impulsive behaviour of individuals.

A very different concept of crime appears in a book written by Herman

and Julia Schwendinger (2001). They define crime as violations of “the
historically determined rights of individuals”. They suggest that their
broader definition would incorporate most current violations of the
criminal law, but it would reconstitute the study of crime by focusing
attention on racism, sexism, and poverty. They treat as criminals those
people who deny others the basic human rights. However,
criminologists differ in such definition. The problem is that they
disagree on what constitute the basic human rights. They argue for
instance, by posing the question is political leaders who allow poverty to
persist by not redistributing income to be regarded as criminal? Or might
they be seen as criminal if they taxed the rich at such a high rate as to
deprive them their property? The Schwendingers’ definition of crime
implies that the causes of crime exist in the institutions of society, and
more especially in the institutions of capitalist economies. This
definition allows them to develop a radical critique of capitalism and to
encourage criminologists to become “guardians of human rights” rather
than “defenders of order”.

Social scientists argue that if we are interested in knowing why people

engage in behaviour that is detrimental to society, we should go beyond
the legal definition and include behaviours that is defined as criminal but
for which no arrests have been made. They further argued that those

27
 CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

accused of crimes but not prosecuted because of the legal technicalities

should be included. The main factor is that the focus must be on the
behaviour. We then ask thereof why do people do what they do? This
approach claims that the legal technicalities are not relevant to the study
of criminal behaviour.

To understand the social concept of crime, social scientists in addition

emphasised that deviant behaviour, which is behaviour that is quite
different from the peoples’ held social norms but not generally covered
by the criminal law, should also be studied. For example, in Nigeria,
fornication, prostitution, smoking, gambling etc is unconstitutional.
Some people consider these behaviours to be deviant and reject its
typical legal approach today. The behaviour ‘deviant’ is established
only when force is used or the acts involve minors or other persons who
are unable to consent legally. In some societies, we observed that it is
only those persons who have actually been convicted of crimes that are
considered criminal. All these positions and approaches are important in
the analysis of why people do what they do and why society reacts as it
does. The social concept of crime formulates the basis for the study of
criminal behaviour.

SELF – ASSESSMENT EXERCISE

What is meant by the social concept of crime?

3.2 The Nature of Crime

The study of crime and criminal behaviour necessitates a close look at

types of crime, Criminal behaviour is analysed in terms of typologies
which is the focus of this unit. Here, we shall examine the four typical
types of crime according to their nature of affiliations. There are (a)
violent crimes, (b) property crimes, (c) business and government related
crimes and (d) drug abuse, drug trafficking and organised crimes.

A. Violent Crimes

Violent crime is one of the conventional crimes. The other is property

crimes. Violent crimes are more feared, but property crimes are more
common. The major types of serious violent crimes are (i) murder and
non – negligent manslaughter, (ii) forcible rape, (iii) robbery, (iv)
aggravated assault,(v) others are domestic violence and terrorism.

i. Murder and Non-negligent Manslaughter are combined and

defined as “the willful (non-negligent) killing of one human
being by another”. But not all willful killings are considered as
murder. Generally, the term homicide is used to refer to all

28
CSS 211 MODULE 2

killings, some of which may be lawful. Homicide is the killing of

a human being by the act, procurement, or omission of another,
death occurring at any time, and is either, (1) murder, (2)
homicide by abuse, (3) manslaughter, (4) excusable homicide, or
(5) justifiable homicide. Some of these terms need further
explanation. The killing of another person might be justifiable
homicide, as when a police officer kills in the line of duty or a
police officer’s shooting of a dangerous offender who is about to
hurt someone. A homicide may be excusable, such as taking the
life of another person who is trying to inflict serious body harm
or accidental shooting of a playmate by a child. Homicide by
abuse involves a death that occurred as a result of abusing a child
or an adult. The above statement involves only the killing of “a
human being”.

In addition to varying definitions of murder, the law distinguishes

degrees of murder, such as first, second, or third, with first – degree
murder being the most serious. They also distinguish murder from
manslaughter we have two types – voluntary manslaughter and
involuntary manslaughter. Voluntary manslaughter refers to an
intentional killing of a person while the defendant is in the heat for
passion and provoked by the victim. Involuntary manslaughter is a
killing which was not intended. An analysis in murder must consider
the impact of Euthanasia, also called mercy killing. Euthanasia involves
taking the life of a person who has indicated that he or she wishes to die
but needs assistance in doing so. Usually the person is in severe pain as
a result of a terminal illness or a disability.

SELF – ASSESSMENT EXERCISE

i. What is homicide?
Distinguish between justifiable and excusable homicide with
examples
ii. Forcible Rape

Under the common law, forcible rape was referred to as the unlawful
carnal knowledge which limited the sex to acts involving the male penis
and the vagina of a woman without her consent. The act required
penetration of the penis into the vagina. In this definition, the victim
cannot be a man; nor could the female victim be the spouse of the
perpetrator. Technically, the definition of forcible rape could include
marital rape, which is the rape of a woman by her husband, but in fact,
the prosecution of such case is rarely reported. Another type of rape is
date rape where there is a forced sexual intercourse during a situation in
which the alleged victim has agreed to some forms of social contact but
not sexual intercourse. Some statutes define rape in different ways.

29
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

Some define it to include only the rape of women; others include the
rape of both genders. While some state refer it to the actual penetration
of the vagina by the penis; others include rape by instrumentation. Rape
by instrumentation involves the penetration of the genital or anal
openings of another by a foreign object under specified circumstances.
The most important component of rape is that a person commits the
offence when he has carnal knowledge of;

(1) A female forcibly and against her will; or

(2) A female who is less than ten years of age. Carnal knowledge in
rape occurs when there is any penetration of the female sex organ
by the male sex organ.

SELF – ASSESSMENT EXERCISE

What are the factors that could constitute the acts of rape?

iii. Robbery

Two elements distinguish robbery, a form of theft, from larceny-theft.

In robbery, possessions are taken from a person by the use or threat of
force. Thus, robbery is not just a property crime but also a crime against
the person. The crime might result in personal violence. The use or
threat of force must be such that it would make a reasonable person
fearful. Common law defines robbery as the taking the property of
another, with the intent of permanently deprived the person of that
property by means of force or fear. Types of robbery include armed
robbery which uses weapons, aggravated robbery uses deadly weapons,
High way robbery takes place in public places such as sidewalk, street
and parking lot, and Carjacking is the act of stealing a car from a victim
by force.

SELF – ASSESSMENT EXERCISE

Distinguish between robbery and larceny

iv. Aggravated Assault

An assault is an unlawful attack by one person on another, some

criminologists distinguished between simple and aggravated assaults. In
simple assault, no weapon is used and no serious injury incurred, but in
aggravated assault, the purpose of the attack is to inflict severe injury
and a weapon is typically used. An Assault could be distinguished from
a battery. Technically, a battery is the unauthorised, harmful or offensive
touching, while assault is the threat to inflict immediate bodily harm.

30
CSS 211 MODULE 2

SELF – ASSESSMENT EXERCISE

What is the difference between assault and battery?

v. Domestic Violence and Terrorism

Any person who willfully inflicts upon a person who is his or her
spouse, former spouse, cohabitant, former cohabitant, or the mother or
father of his or her child, corporal injury resulting in a traumatic
condition, is guilty of a felony and constituted domestic violence.
Domestic violence has been considered a personal, domestic problem,
and not an act of terrorism. Domestic violence involves other types of
violence such as child abuse, abuse of the elderly or aged, female and
male battery. Child abuse is used to include neglect as well as physical
and sexual abuse.

vi. Terrorism

Terrorism comes from a French word ‘terrorism’ which was derived

from the Latin verb terreo meaning ‘l frighten’. A person is guilty of
terrorism if he threatens to commit any crime of violence with purpose
to terrorise another or to cause evacuation of building, a place of
assembly, or facility of public transportation, or otherwise to cause
serious public inconvenience, or in reckless disregard of the risk of
causing such terror or inconvenience. The categories of Terrorism
include (a) civil disorder (b) political terrorism (c) non-political
terrorism (d) quasi terrorism (e) limited political terrorism and (f)
official or state terrorism. A primary objective of a terrorist is to create
violence, or instill the fear of violence, for the sake of effect. In addition,
he seeks to destroy the confidence people have in government.

SELF – ASSESSMENT EXERCISE

What is the difference between Domestic violence and Terrorism?

B. Property Crimes

Property crimes involve either the theft or the destruction of property.

Theft can take the form of burglary, Larceny, motor vehicle theft, or
fraud. Destruction of property occurs in the crimes of arson and
vandalism.

The distinction between violent crimes and property crimes are not
clear-cut. For instance, a robbery is the theft of property from a person
by force or threat of force, making it both a property crime and a crime
of violence.

31
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

i. Burglary

Burglary is unlawful entry of a building to commit a serious crime,

usually the theft of property. A burglary might turn into robbery if the
person confronts the owner of the building and uses force to steal. The
target of a burglar is both/or could be private and public establishments
such as stores and offices.

SELF – ASSESSMENT EXERCISE

What is burglary?

ii. Larceny – Theft

Larceny – theft is the unlawful taking, carrying, leading, or riding away

of property from the possession or constructive possession (the
condition of having the power to control and item along with the intent
to do so) of another. The crime does not include embezzlement and
forgery of cheques. It does include crimes such as shoplifting, pocket-
picking, purse-snatching, theft from motor vehicles, thefts or motor
vehicle parts and accessories, bicycle thefts, etc in which no use of
force, violence, or fraud occurs.

SELF – ASSESSMENT EXERCISE

What are the crimes that constitute Larceny?

iii. Motor Vehicle Theft

Motor vehicle theft is often distinguished from larceny, of which it is

actually one form. The reason is that motor vehicle theft involves
property of much greater value than is commonly stolen in other types
of larceny. .

iv. Fraud

Fraud is the crime of obtaining money or property by false pretences. In

criminal law, fraud is a wrongfully or criminal deception that intends to
result in financial or personal gain or to damage another individual. It is
an example of white-collar crimes committed by high-status persons in
corporate companies. There is always low awareness to this crime
because it is not adequately reflected in official statistics. It is not also
frequently investigated by the police. Fraud can be committed through
many media, including mail, wire, phone and the internet (computer
crime).

32
CSS 211 MODULE 2

v. Arson

Arson is defined as any willful or malicious burning or attempt to burn,

with or without intent to defraud, a house, public building, motor vehicle
or aircraft, or personal property of another. The definition includes only
those fires that are found to be set maliciously or willfully. Fires of
unknown or suspicious origin are excluded in the definition.

vi. Vandalism

Vandalism is the willful or malicious destruction, injury, disfigurement,

or defacement or property without consent of the owner. Breaking the
windows in an abandoned building is an act of vandalism.

SELF – ASSESSMENT EXERCISE

Differentiate between vandalism and arson.

B. Business/Government – Related Crimes

Social scientists disagree about the best way to categorize crimes

associated with occupations and businesses. The most familiar term –
white-collar crime is not defined uniformly. It was Coin by Edwin H.
Sutherland (1949). By white-collar crime, Sutherland meant “a crime
committed by a person of respectability and high social status in the
course of his occupation. They established that corporate crime is a
form of white-collar crime, but unlike the later, it may involve
individuals or small group of individuals acting within their professional
or occupation capacity.

There are many criminal acts that may be classified as business – related
crimes. They are (i) avoidance or evasion of taxes, (ii) bribery or
extortion, (iii) conspiracy, and (iv) embezzlement.

(i) Avoidance or Evasion of Taxes

Tax fraud is a crime that may be committed individually or in

conspiracy with another person. The most commonly recognised tax
fraud charge is that of evasion of federal or state income tax. It could
also be through evasion of sales tax.

(ii) Bribery and Extortion

Historically, bribery was defined as corruption in the administration of

justice. The modern concept of bribery includes the voluntary gift or
receipt of anything of value, in corrupt payment for an official act

33
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

already done or to be done, or with the corrupt intent to influence the

action of a public official or any person involved with the administration
of public affairs. The law defines bribery and graft as the offering,
giving, soliciting, or receiving of anything of value in connection with
the procurement of materials. Bribery is distinguished from extortion or
blackmail, which refers to obtaining property from others by wrongful
use of actual or threatened force, fear or violence, or the corrupt taking
of a fee by a public officer. Extortion is the threat to do something
illegal, or the offer not to do something illegal, in the event that goods
are not given, but primarily using words instead of actions to achieve the
goal.

SELF – ASSESSMENT EXERCISE

Differentiate between bribery and extortion.

(iii) Conspiracy

Conspiracy simply means a secret plan by a group to do something

unlawful or harmful; i.e. the act of plotting. In criminal law, conspiracy
occurs when two or more people agree to do something illegal, or to do
something legal but to do it in an illegal way. There are two categories
of conspiracy:

a. Statutory and b. common law conspiracy. With one exception,

the two are mutually exclusive.

If the act which the conspirators agree to commit is an offence, then the
charge should be statutory conspiracy. The exception is when the
conspiracy is fraud. The statutory conspiracy as stated in the act of the
criminal law provides, that if a person agrees with any other person or
persons that a course of conduct shall be pursued which, if the
agreement is carried out in accordance with their intentions, either:(a)
will necessarily amount to or involve the commission of any offence or
offences by one or more of the parties to the agreement would do so but
for the existence of facts which render the commission of the offence or
any of the offences impossible, he is guilty of conspiracy to commit the
offence or offences in question. Elliott and Quinn (2004).

There must be an agreement, advice, persuasion, threats or pressure,

communicated in writing, speech, or through signs that the planned
actions will be committed by one or two parties to that agreement. There
is an argument that there should be liability only when the agreement is
carried out. This is because there is no real threat to society until the
conspirators start acting on the agreement. For example, the accused
person could only be liable to a conspiracy of rape based on the fact that

34
CSS 211 MODULE 2

the woman was not consenting to sexual intercourse. Intention or

knowledge will be required for conspiracy to commit such offence. On
the other hand, a girl under 18 in Nigeria cannot be liable for conspiring
with her boyfriend to have under-age sex, even though she planned it
with him, and he was guilty of the main offence.

(iv) Embezzlement

Embezzlement is the act of wrongfully appropriating funds that has been

entrusted into one’s care but which is owned by someone else. The most
common embezzlement is by employees, but others with fiduciary
responsibility can also be charged with embezzlement. Fiduciary implies
a relationship in which one person has a responsibility of care for the
assets or rights of another person. The term is derived from a Latin word
which means ‘faith’ or ‘trust.’

Four conditions must be present in order for a charge of embezzlement

to be relevant:

a. There must be a fiduciary relationship between the two parties.

b. The defendant must have acquired the property through the
relationship rather than other manners.
c. The defendant must have taken ownership of the property or
transferred the property to someone else.
d. The defendant’s actions were intentional.

Example of embezzlement include the bus conductor who takes

passenger refunds for himself, the bank teller who pockets deposits, and
the payroll clerk who doesn’t deposit the correct amount of employment
tax, keeping the rest for himself.( en.wikipedia.org).

C. Government – Related Crimes

A variety of crimes may be committed against the government. The

crime focuses on (i) obstruction of justice, (ii) official corruption, and
(iii) civil-rights violations

(i) Obstruction of Justice

The term obstruction of justice refers to acts that interfere with the
orderly process of civil and criminal courts. The crime may be
committed by judicial and other officials, in which case it might
constitute the crime of official misconduct in office. It refers to any
willful, unlawful behaviour by public officials in the course of their
official duties. The misconduct of many consists of a failure to act or an
improperly performed official acts.

35
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

SELF – ASSESSMENT EXERCISE

Define the term, “obstruction of justice”.

(ii) Civil Rights Violations

In recent years attention has been focused on one of the most offensive
types of abuse of power by government, the violation of civil rights. The
most recent and serious civil rights violations example is the abuses
committed by the Muslim militant sect called Boko Haram. The sect
was responsible for killings, bombings, and other attacks throughout
Nigeria. Other serious violations include politically motivated and
extrajudicial killings by security forces, arbitrary arrest and detention,
executive influence on the judiciary and judicial corruption, the killing
of children suspected of witchcraft, child sexual exploitation, regional
discrimination and trafficking in persons for the purpose of prostitution
and forced labour.

SELF – ASSESSMENT EXERCISE

What are the crimes that constitute Government related Crime?

4.0 CONCLUSION

From this unit, you have learnt the definition of crime as defined by
social scientists and the difference between the legal and social
definition of crime. The nature and types of crimes have also been
classified in this unit.

5.0 SUMMARY

In this unit, we described the social concept of crime. Most people have
a common sense of what crime is, but social scientists try to define
crime in precise terms. By defining crime in an exact way criminologists
specify the domain of their study.

We identified the various views of social scientists toward crime.

Finally, we outline the typology of crime. There are (a) Violent crimes,
(b) Property crimes, (c) Business and government related crimes and (d)
Drug abuse, drug trafficking and organised crimes.

6.0 TUTOR – MARKED ASSIGNMENT

1. Why robbery is considered a violent crime?

2. What are the elements of violent crime?

36
CSS 211 MODULE 2

7.0 REFERENCES/FURTHER READING

Conklin, E. J. (2007). Criminology. (9th ed.). Boston: Pearson.

Elliott, C. & Quinn, F. (2004). Criminal Law. London: Pearson

Education.

Hirschi, T. & Gottfredson, M. (1980). Understanding Crime: Current

Theory and Research. Peking: McGraw Hill.

Reid, S.T. (2006). Crime and Criminology. (11th ed.). Boston: McGraw
Hill.

Regoli, M. R. & John, D. H. (1991). Delinquency in Society- A Child

Centered Approach. New York: McGraw Hill.

Sutherland, E. (1949). White Collar Crime. New York: Dryden Press.

Schewendinger, H. & Julia, S. (2001). “Defenders of Order or Guardians

of Human Rights?” In Stuart Henry & Mark Lanier’s What is
Crime? New York: Rowman and Littlefield Publishers, Inc.

En.wikipedia.org.

37
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

UNIT 2 THE MEASUREMENT OF CRIME AND ITS

IMPACT

CONTENTS

1.0 Introduction
2.0 Objectives
3.0 Main Content
3.1 The Measurement of Crime and its Impact
3.2 Official Crime Statistics
3.3 Unofficial Crime Statistics
4.0 Conclusion
5.0 Summary
6.0 Tutor – Marked Assignment
7.0 References/Further Reading

1.0 INTRODUCTION

In this unit, we would identify and measure crimes. By measurement of

crime, we mean the statistics of crimes committed in the society in a
certain period of time. Here, we are interested in knowing how crimes
are perceived and recorded; and the establishment of the official and
unofficial records of crime. This will definitely help to acknowledge the
volume, nature, character and trends of crime committed in a particular
society.

2.0 OBJECTIVES

At the end of this unit, you should be able to:

• write the meaning and nature of measuring crimes

• identify the two principal factors of measuring crimes
• identify the various sources of crime – surveys and as well as its
importance.

3.0 MAIN CONTENT

3.1 The Measurement of Crime

Measurement of crime today, is more complex and more modern than in

earlier times. The starting point in the discussion of the measurement of
crime is to consider the statistics of crime.

38
CSS 211 MODULE 2

Crime statistics is the basic and official instrument for the measurement
of crimes. It is on this basis, we could know the characteristics of crime
in the society (Hall Williams, 1984). It enables us to know whether
crime is growing or decreasing.

By crime statistics, we mean the uniform data on offence and offenders

expressed in numerical terms. It is derived by official agencies like the
police, prisons, courts, Nigeria Drug Law Enforcement Agency
(NDLEA), the Customs, Immigration, Independent Corrupt Practices
and other Related Offences Commission (ICPC), Economic and
Financial Crimes Commission (EFCC), Federal Road Safety Corps
(FRSC), National Agency for the Prohibition of Traffic in Persons
(NAPTIP) etc.

These numerical data are often tabulated, classified and analysed in

order to establish relationship between or among the classes of offences
recorded. It helps us to understand the distribution of persons in crime
in different areas of the society. Criminologists usually begin their
search for the measurement of crime by looking at the figure provided
for crimes known to the police. The data based on police records in
recent times in Nigeria showed an unprecedented crime wave, especially
in the areas of kidnapping and terrorism. Instances abound in the
terrorism activities of the Boko Haram in Northern Nigeria especially in
Maiduguri, Abuja, Zubwa, Bauchi, Kaduna, Kano and Suleja. From
here, we turn to the two major sources of crime statistics. They are (i)
official and (ii) unofficial statistics.

SELF – ASSESSMENT EXERCISE

What do you understand by the term, “crime statistics”.

3.2 Official Statistics

Official crime statistics are mainly gotten from the prisons, police and
the court. These are the traditional sources of crime statistics. It records
a high level of the patterns of criminality. Other sources include the
customers, Immigration, FRSC, ICPC, EFCC, NAPTIP, Records of
juvenile institutions and census data from either the state or Federal
statistics.

Nevertheless, official statistics sometimes seem to be incomplete due to

dark figures (unreported crimes) and grey figures (reported but
unrecorded crimes and manipulation of records to satisfy political and,
or institutional interests). An instance of the grey figure is the case of
the daughter of the erstwhile head of state in Nigeria, Chief Olusegun
Obasanjo. She is Senator Mrs. Bose Bello- Obasanjo. She was alleged

39
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

to be involved in a N10 million bribe when she was the chairperson of

the Health Committee of the National Assembly in 2008. At the end, the
case was manipulated.

Official Records are indicators of criminal activities brought to the

notice of the criminal justice system and the actions that they take in
respect of reported incidents. Each year the crime statistics give the
figures for offences cleared up. These are expressed as a proportion of
the offices known in relation to the total volume of serious offences.
These figures are regarded as some indication of police efficiency or
effectiveness.

An offence recorded by the police is said to be cleared up if the person

has been arrested, summoned and prosecuted for the offence. If it is
ascertained that the offence was committed by a child under the age of
criminal responsibility, he must be cautioned for the offence because he
is a juvenile.

Official crime statistics in Nigeria suffer many weaknesses, in addition

to the more universal problems of dark and grey crime figures. Some of
the sources of the weaknesses have been identified in the lack of
necessary skills and resources for statistical and information
management; lack of effective planning, monitoring and evaluations of
information.

SELF – ASSESSMENT EXERCISE

What are the importance and weaknesses of the official crime statistics?

3.3 The Unofficial Crime Statistics

As a result of the doubts concerning the reliability, validity and utility of

the official statistics of crime, criminologists have considered using
other means for measuring crimes. These sources are called the
unofficial sources. They are obtained through (1) Direct observation,
(2) Weighting sources, (3) Self Report source and (4) Victim –survey
source. They are called unofficial because they are not compiled by the
state officers, but by individuals or researchers. The aim of the unofficial
statistics is to compliment the official sources in order to make it richer
and create utility.

(i) Direct Observation

This happens when the researchers/criminologists participate

individually to observe and record events as it occur in a particular area.
This is very necessary for research, in order to have a deeper

40
CSS 211 MODULE 2

understanding and to gain a greater insight into the groups. Direct

observation is a type of research mainly conducted in victimless
offences such as gambling, prostitution, and homosexuality. These
offences are the major forms of crime that could be directly observed.
(Maguire, 2002).

(ii) Weighting of Crime

This is done by the compilation of questionnaire. It is send to members

of the society to respond to and give a feedback of grievous crime. In
this situation, the most serious offence will be ranked. The least serious
offence will be ranked the lowest mark while the most serious offence
will be ranked the highest mark. In this condition, the weight is
considered to indicate the seriousness of the crime (Hall Williams,
1984).

(iii) Self – Report Studies

Another name for self – report studies is crime survey. It involves the
study of a sample of a population. It investigates the types and number
of crimes that are committed during a particular period, usually the past
year. The crime survey examines whether or not the crime has been
detected or reported to the police. The method uses questionnaire to
collect relevant information. The self – report studies are better
conducted on juveniles in Schools to ascertain which offence they have
committed (Appelbaum, 2003). This is based on an assumption in
criminology that children are delinquent.

Self – Report study is as well characterised by many weaknesses. First,

the questionnaire tends to contain more questions on minor crimes with
which the respondents are more comfortable. But questions on more
serious and sensitive crimes are avoided. Second, respondents may not
accurately recall their criminal activities, and third, respondents tend to
under report serious crimes that they may have committed.

(iv) Victim – Surveys

Victim – surveys are used to obtain data on the extent of criminal

victimisation. Some criminologist many years ago had proposed the
study of victims as an important focus for criminology. The subject
matter of victim studies is concerned with the scientific study of victims
of crime. It is a science of social concern for the victim. It focuses on the
scientific analyses of the patterns, regularities and causal factors as it
relates to the victim.

41
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

Unlike the crime survey, which uses data on the extent and patterns of
crimes committed by members of a society, the victim – survey is used
to measure the extent and pattern of victimisation in a community,
among members of a group or nation. Questionnaire are designed and
administered to gather information on respondents’ experiences in the
hands of criminals. This method also suffers several deficiencies,
including inability of the respondents to accurately report events during
the period covered by the survey. The early pioneers of victim studies
or victimology were Benjamin Mendelsohn and Heng Von Hentig (Hall
Williams, 1984).

SELF – ASSESSMENT EXERCISE

Differentiate between the official and unofficial statistics of crime as

instruments of measurement.

Some criminologists become much interested n the potentiality of the

unofficial crimes, that they made a review of the concept of hidden
criminality.

The interests of the criminologists lie more on the general light thrown
into the dimensions of the dark figures of crime. Their attentions are
drawn to the ‘dark – number’ of offences which do not appear in the
crime figures but are hidden from view. This is what we called the ‘ice
– berg’ crime. It is a situation where a large proportion of offences lies
beneath the surface and are never revealed or recorded. These
unreported, unknown, undetected and unrecorded crimes constitute the
hidden criminality.

These problems indicate that the crime statistics produced by the

criminal justice agencies – the police, prisons and courts – are not true.
They do not reflect the accurate extent and pattern of criminal activities
and victimisation in society (Hall Williams, 1984). But what proportion
the ‘dark figure’ represents, it is impossible to say. Nevertheless,
estimates have been made that sexual offences in Nigeria are considered
the most hidden criminality from view, especially the crimes of rape and
bribery.

4.0 CONCLUSION

From this unit, the students should be able to know what crime statistics
is and also know that crime statistics are tabulated and analysed into
numerical figures for easy understanding. As a student of criminology,
you should be able to know the two principal sources of crime statistics
and also be able to differentiate between weighing of crime and direct
observation.

42
CSS 211 MODULE 2

5.0 SUMMARY

We have been able to discuss the measurement of crime. We tried to

defined crime statistics as the major instrument of the measurement of
crime. We identified official and unofficial statistics as the two principal
sources of crime measurement. The hidden or unrecorded aspects of
crime were discussed.

6.0 TUTOR – MARKED ASSIGNMENT

1. Compare and contrast between crime – surveys and victim –

surveys. Give disadvantages of each.
2. Differentiate between the official and unofficial crime statistics
of measurement.

7.0 REFERENCES/FURTHER READING

Appelbaum, R. P. & William, J.C. (2003). Sociology. California: Harper

Publishers.

Hall-Williams, J. E. (1984). Criminology and Criminal Justice. London:

Butterworth.

Maguire, Mike et al. (2002). The Oxford Handbook of Criminology.

(Eds). Oxford University Press.

43
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

UNIT 3 SOURCES OF LEARNING TO COMMIT

CRIME

CONTENTS

1.0 Introduction
2.0 Objectives
3.0 Main Content
3.1 Sources of Learning Crime
4.0 Conclusion
5.0 Summary
6.0 Tutor – Marked Assignment
7.0 References/Further Reading

1.0 INTRODUCTION

Criminals usually learn the most skills and motives needed to violate the
law. Nevertheless, they acknowledge that the violation of the law
constitutes crime. But they tend to justify their criminal acts and be
relatively free from the bonds of the legitimate social order of the law by
techniques for neutralising the law.

2.0 OBJECTIVES

At the end of this unit, you should be able to:

• state the sources of learning to commit crime

• explore the social structure of the community and delinquent
behavior
• highlights the motives and skills from the general culture and,
• discuss the effects of the peer group in committing crime and
delinquency.

3.0 MAIN CONTENT

3.1 Sources of Learning to Commit Crime

Leslie Wilkins in 1964 drew attention to the relationship between certain

features of the so-called affluent society and the rise in property crime:
“In any stable social system the increase in economic activity and
affluence would lead to increased opportunities – opportunities for
honest and dishonest practices (Hall Williams, 1984).

Wilkins observes that as the amount of money being transferred

legitimately increases, so do the opportunities for crime. As the number

44
CSS 211 MODULE 2

of motor cars increases, so do the opportunities for theft or stealing of

cars.

Offenders learn motives and techniques for breaking the law from many
sources, including the community, the peer group, the general culture,
the media, pornography, and correctional institutions.

(A) Community

Every community has its own unique culture which is transmitted from
generation to generation in the form of social heredity. These are written
and unwritten rules and regulations; matter of facts, prejudices;
standards for social etiquette and demeanour. These are the established
customs showing how members should relate to peers, superiors and
traditions that clarify to members what is appropriate behavior and what
it is not. This falls on the chief of the community who exercises the
traditional power to his subjects, so that these social etiquettes of the
community will be complied with.

The community becomes an agent for the internalisation of values,

ideas, beliefs and customs through the process of learning, so as
individual, who has been properly socialised into the community and
culture, learn how things are done. What behaviours and values are
acceptable and desirable and which ones are not. So the importance of
cultural forces in the development of individuals against crime and
delinquency is very great (Chukwunka, 1992).

Opportunities to learn to commit crime are associated with the social

organisation of a community. Learning about crime is easier when there
are close ties and frequent interaction among people of different ages
within a community. Interaction between teenagers and adult criminals,
as well as between teenage gang members and non – members, provide
opportunities to engage in criminal activities under the supervision of
more experienced offenders.

(B) Peer Groups

This emphasises the place of peer group influence on the behavior of

people generally. It was observed that peer group play an important role
in crime and delinquency. So the activities of close associates will not be
overlooked. It is obvious that when a child is born, he is helpless and
dependent on others for the gratification of his biological needs. As he
advances in age, he becomes aware of his environment and understands
the principles of reality.

45
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

He therefore comes in contact with other children and people in the

process of socialisation. A process by which co-operative and
communication among the members of a peer- group are facilitated.
Attitudes toward others are learned by observing and imitating models.
Based on this, it could be said that those who have intimate associations
are offenders of crime and delinquency are likely to engage in crime
(Chukwunka, 1992).

Adolescents who do not have a stake on conformity sometimes join

gangs and learn criminal behaviours and skills from peers. This
encourages and reward violation of the law. Learning to commit crime
often occurs within groups or gangs (Conklin, 2007). Delinquents are
more likely to have delinquent friends than non-delinquents. The
relationship between friendship and delinquency is a commonly
assumed pattern in poor family relationships leading to attachments to
peers, which leads to delinquency. Hirschi concluded that weaker peer –
group ties are associated with higher rates of delinquency. Delinquent
behavior leads to delinquent peer association (“birds of a feather flock
together”). Association with delinquent peers also increases delinquent
behavior (“rotten apples spoil the barrel”).

Delinquents’ interactions with delinquent peers increase the chance of

more delinquency. Non – delinquency interaction with non – delinquent
peers increases the chance of more conformity behavior (Conklin,
2007). Research observed that those that join gangs are involved in
violent crime, vandalism, drug use and selling which supports the rotten
apples” hypothesis.

SELF – ASSESSMENT EXERCISE

What do you understand by this phrase – “rotten apples spoil the

barrel”?

(C) General Culture

People sometimes learn criminal activities from the general culture. For
instance, at the end of the Nigeria-Biafra War in 1970, the nation
experienced an increase in violent crimes. The increase was particularly
dramatic. The culture emphasises machismo, that is, an exaggerated
belief that men should be aggressive, dominant and strong. That is, men
are ought to have more rape and other violence against women than are
cultures that deemphasize such actions. The best explanation of this is
that war makes violence legitimate.

According to this view, delinquents do not hold values that are

completely or diametrically opposed to dominant values. The social

46
CSS 211 MODULE 2

norms that define expected or appropriately behavior for particular

situations lack specificity to how and when they apply. In other words,
the norm that states that theft is wrong might be qualified so that theft is
tolerated or even encouraged. According to Sykes and Matza (1957),
denial of responsibility is one of the neutralisation techniques in which
people refuse to be held personally accountable for one’s action. People
sometimes claim that a criminal or delinquent act is an accident or assert
it is caused by factors beyond their control. They feel that they were
motivated by the social environment, rather than in control of their own
lives. For instance, the increase in violent crimes especially kidnapping
in the Niger Delta Region of Nigeria from 2004 to 2011 were
particularly dramatic.

Some argued that Nigeria is “a nation of victims” with increasing

numbers of people using an abuse “excuse” to support a claim that they
should not be blamed for their actions.

This is part of the attempt to shift responsibility in our society. Nobody

seems to be responsible for his own actions anymore. It’s always
somebody else’s fault. The violent activities of the militia in the Niger
Delta attribute their behavior to “exploitation by the power structure,
restitution for past injustices, and brutalisation by the system” (Conklin,
2007).

This denial of responsibility has also been used to justify white collar
crime and political corruption in Nigeria. At the same time, the rapists
justify their crimes by saying that their victims deserved to be raped
because they were sexually experienced, promiscuous, or had a bad
reputation. And such women are “public property” and have no right to
reject them as sex partners. Rapists also portray women as seductresses,
claim that women mean “yes” when they say “no”. They also contend
that most women eventually relax and enjoy the sexual assault. They
assert that nice women do not get raped (Conklin, 2007).

SELF – ASSESSMENT EXERCISE

What are the factors that rapists used to justify their crimes?

(D) Pornography

There is a widely held view that pornography as an obscene material is

more likely to commit sex offences because they are stimulated to act on
their sexual fantasies. Pornography is material that is intended to arouse
people sexually by portraying sexual matters in visual or verbal terms.
Obscene material is a material often pornographic in nature, which has
been declared illegal because it poses a threat to the state or to organised

47
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

religion, violates common morality and has no redeeming social value.

Even though pornographic material arouses people sexually, yet not
everyone responds to it in the same way. Those who are most sexually
aroused are the youths, the religiously inactive and the sexually
inexperienced.

(E) Correctional Institution

The correctional institutions such as the prisons and juvenile detention

centres have been described as “schools of crime” by sociologists.
This is a place where relatively inexperienced offenders found
themselves with the skilled criminals. The focus of this discussion is
diametrically on the spreading of criminal motives and techniques from
the more experienced offenders to the less knowledgeable inmates.
Offenders learn the motives and skills to commit crime from a variety of
sources. One of the sources of which people learn to commit crime
through interaction with others is differential association theory.
Sutherland advocates that criminal behavior is learned in interaction
with other persons in a process of communication. This communication
can either be verbal or non-verbal (Conklin, 2007).

SELF – ASSESSMENT EXERCISE

How does a correctional institution invigorate crime and delinquency?

4.0 CONCLUSION

From this unit, students should be able to know about the sources of
learning crime and how to commit crime and delinquency. You should
be able to understand the causes of crime and delinquency through peer
group, pornographic materials, correctional institutions, community and
the general culture.

5.0 SUMMARY

We have been able to discuss how people learn skills and motives to
commit crime from many sources. The social structure of some
communities is conducive to learning criminal and delinquent
behaviour. Many delinquents are learned from older adolescents in
gangs. People also learn criminal motives and techniques from the
general culture, exposure to pornographic materials and interaction
among inmates.

48
CSS 211 MODULE 2

6.0 TUTOR – MARKED ASSIGNMENT

What are the sources from which people learn to commit crime or
delinquency?

7.0 REFERENCES/FURTHER READING

Chukwunka, C.A.C. (1992). “The Incidence of Drug Abuse among

Youths in Port Harcourt”. A Research Project Submitted to the
University of Calabar, Calabar.

Conklin, E. J. (2007). Criminology. (9th ed.). Boston: Pearson.

Hall-Williams, J. E. (1984). Criminology and Criminal Justice. London:

Butterworths.

49
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

UNIT 4 COMMUNITY REACTIONS TO CRIME

CONTENTS

1.0 Introduction
2.0 Objectives
3.0 Main Content
3.1 Community Reactions to Crime
4.0 Conclusion
5.0 Summary
6.0 Tutor – Marked Assignment
7.0 References/Further Reading

1.0 INTRODUCTION

The sociologist, Emile Durkheim defined crime as a behaviour that

shocks the sentiments of all “healthy” consciences. Due to the fact that
crime is that behaviour that offends our shared sense of what is valued,
punishment becomes a reaction to that behaviour. The opposition
enhances social solidarity within a community.

2.0 OBJECTIVES

At the end of this unit, you should be able to:

• analyse the concept of social control

• discuss the structure/ function performed by the social control
agents
• discuss the two forms of social control which are the basis of
community reactions to crime
• differentiate between formal and informal social control.

3.0 MAIN CONTENT

3.1 Community Reactions to Crime

One reaction to crime is social control, a process that brings about

conformity to society’s norms and laws. We shall discuss about the two
forms of social control that brings about conformity to society’s norms
and laws. They are: (i) the informal social control and (ii) the formal
social control. Meanwhile, we shall examine the concept of social
control.

50
CSS 211 MODULE 2

1. The Concept of Social Control

Social control is a process that brings about conformity to society’s

norms and laws. Every society tries to ensure an orderly way of life for
each member. It adopts a set of rules for controlling and limiting
individual actions. The nature of these rules differs greatly from one
society to another. To keep people behaving cooperatively is always the
general purpose of the society. In very small – scale societies, everyone
knows one another. Each depends for survival on the help of his
neighbour. The desire for approval is enough to bring the individual
into what others hold to be good behaviour.

In fact, in a stateless society, the rules of conventions and morality bind

people to maintain order. Such rules are effective because the people
fear the ridicule or disapproval of their neighbour. People accept and
obey many rules of behaviour that are not laid down by the state
authority. They developed and have ideas of what is right and wrong.
The two fundamental dimensions that determine social control are: (a)
structure and (b) function performed by Social institutions.

(a) Structure

There are three different terms we use to characterize the structure of

social control. The terms are group, community or society. Each
implies a sort of orderly arrangement of persons. Structure in society is
based on organisation. Social structure is the widely used term for
social organisation. It is an arrangement of persons or parts. There are
different types of social organisation. These include the family, a
political party, an empire, an athletic team, a League of Nations, etc.
These are the arrangement of persons or parts that constitute the
organisation. That is, the basic and constituent units of a social
organisation are persons. This arrangement is sometimes called pattern
(Ogburn and Nimkoff, 1964).

(b) Function

Structure is subordinate to function when the interest is in social life.

The structure exists primarily to perform functions. The basic unit of
the functioning of the social structure is the act. The act is the social
action and social interaction. Acts of an actor involving another person
are social acts. There are some social acts that are often repeated, when
such social acts are repeated frequently, they become customs. In the
same way, individuals act, if the social acts are repeated, and it then
becomes a habit. Customs are social habits and through repetition, they
become the basis of an order of social behaviour. A social practice must

51
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

be in existence sometime before it is called a custom (Ogburn and

Nimkoff, 1964).

SELF – ASSESSMENT EXERCISE

Explain what social control is.

2A. Informal Social Control

In society without centralised political systems, legal systems are self –

helped. We observed that violations of norms usually result in sanctions
and punishments for the offender. This served to correct the behaviour
of particular people and to show others the penalties for such deviance.
The severity of sanctions and the process by which sanctions are
imposed differ greatly. This could be on the seriousness to which the
culture is attached to the violated norm.

Anthropologists have given a specified insight into these informal

methods of social control. They observed the kinds of pressures which
induce people to conform to certain norms and values. They observe
that informal social control occurs in preliterate societies where we have
face-to-face kind of social relationships. It is a simple society which is
agrarian in nature (Bailey and Peoples, 2002).

In the absence of formal mechanisms of government, informal social

control comes into focus. Communities react to crime by means of a
number of informal mechanisms such as socialisation, public opinion,
corporate lineages, familial systems and moots. We shall explain these
terms in details.

SELF – ASSESSMENT EXERCISE

Explain the characteristics of the informal social control.

a) Socialisation

Every society tries to survive by pasting its social norms from one
generation to another. Every society has some forms of socialisation.
This process involves a pattern where the young ones inherit the proper
ways of life. They were socialised not to violate the social norms.
People learn their social norms with a certain degree of moral
compulsion. People internalise social norms so effectively that they
would never be considered violating them. When people learn their
norms, they are at the same time internalising the moral necessity to
obey them Douglas (1964).

52
CSS 211 MODULE 2

SELF-ASSESSMENT EXERCISE

What is socialisation?

b) Public Opinion

One of the most compelling reasons for not violating the social norms is
public opinion or social pressure. In general, people from all parts of the
world wish to be accepted. They desire affection by other members of
the society. Most people fear being rejected or talked about by their
friends or neighbours, they desire to win approval from other members
of their society. They are determined not to shun or violate the social
norms because of the fear of negative public opinion. There are many
instances where social pressures deliberately keep people in line. Indeed
gossip, ostracism, rumour, derision are all powerful corrective measures
for reforming social behaviour. For instance, a senior military officer
who was found guilty in a martial court in Bauchi State of Nigeria in
2011 for aiding and abetting a Boko Haram leader to escape from
custody, was ceremoniously stripped of his insignia as a public display
of humiliation. Harold Garfinkle called such display with this term,
“degradation ceremonies”, that is, an informal societal mechanism of
public humiliation.

c) Corporate Lineages

Corporate lineages served as localised communities. They number from

several hundred to several thousand relatives. The members have
frequent and intense interaction with one another on daily basis. It is
virtually impossible for anyone to maintain his/her anonymity.
Corporate lineages play a dormant role in most small scale (a cephalous)
societies. As the members often live, work, play and pray together,
properties are controlled by the lineages. Property is the major factor by
the lineages from which people derive their primary identity and
reaction to crime. Even religious matters are important. Ancestral
worship is a very important aspect of religion. The lineage has a
powerful impact on the everyday lives of its members. They exert a
considerable pressure on the people to conform to the social norms.

One means by which corporate lineages exert reaction over its members
is economic. All important property, such as land is controlled by the
elders of the corporate lineage. Often property is allocated on the basis
of conformity to social norms. Those who behave as the society expects
them to behave are likely to receive the best plots of land. On the other
hand, those who violate the social norms are likely to be denied some
valuable economic resources. For example, a man who wants to engage
in a socially inappropriate behaviour such as having an extramarital

53
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

affair in the lineage needs to think it twice. He could engage in

extramarital affair and remain undetected in a large scale society. But
the small scale nature of the lineages tends to inhibit social deviance
because it is very difficult to get away with (Douglas, 1964).

SELF – ASSESSMENT EXERCISE

Discuss corporate lineage as a social control mechanism.

d) Moots

Moot is an informal court found in many African societies. Moots serve

as a highly effective mechanism for conflict resolutions. Moots are
informal airing of disputes involving kinsmen and friend of the litigants.
These adjudicating bodies are ad-hoc, with considerable variation in
composition from case to case. Moot generally deal with the resolution
of domestic disputes such as the maltreatment of a spouse,
disagreements over inheritance, or the non- payment of debts owed to
kins or neighbours.

Anthropologist James Gibbs (1965), described in considerable detail the

moot system found among the Kpelle, a mande – speaking people of
Liberia and Guinea. Gibbs found that moots differ from the more formal
court systems. The moots are held in the homes of the complainant
rather than in public places. The parties concerned are the elders,
litigants, witnesses and spectators who sit very close to one another.
This is in contrast to the formalised courts which physically separate the
plaintiff, the defendant, and the judge. Moots do not attempt to blame
one party unilaterally. They attribute fault in the dispute to both parties.
The sanctions imposed by the moot are not so severe. This is done so
that the losing party would not develop grounds for a new grudge
against the other party. The party found to be at fault is assessed a small
fine. It is expected that the wronged party is given a token gift, and to
make a public apology.

Moots attempt to reintegrate the guilty party back into the community,
restore normal social relations between disputing parties. It is aimed to
achieve reconciliation without bitterness and acrimony. The ritualised
apology given by the guilty party symbolises the consensual nature of
the resolution. Its emphasis is on the healing of the community rather
than simply punishing the wrong doer (Ferraro, 2001).

SELF-ASSESSMENT EXERCISE

What is the purpose of the moot?

54
CSS 211 MODULE 2

2B. Formal Social Control

One of the reactions to crime is social control. It is a process that brings

about conformity to society’s norms and laws. The formal social control
includes efforts by the police, the courts and correctional institutions
(prisons) to produce conformity to the law. These are often referred to as
the criminal justice administration system.

According to Richard Quinney “the concept of formal social control is

developed in a formal institution as a result of the complexity of the
society. The violation or deviation from social norms and values often
results in disputes among people in the society. The violent conflicts
resulting from such disputes become known as the crimes (theft, assault
or homicide). These violent conflicts threaten the social cooperation of
its members and the society. The society therefore, develops an explicit
mechanism to address and resolve the conflict. The heterogeneous
nature of population in large – scale societies symbolises the need for a
formal institution. It is a society where there are different groups of
people with conflicting interest.

According to Emile Durkheim, it is a society characterised by organic

solidarity. Here, the society is not held together by kinship
relationships. The social relationships are based upon ideas, beliefs, and
values which everyone shares. But it is owed by economic, political,
social and legal relationship. It is not emotions that hold people
together, but a functional relationship.

In organic solidarity, the society is characterised by a complex “division

of labour”. Durkheim explained that such society is more differentiated.
There is almost an endless variety of specialist functions for individuals
and groups. This fact could be observed in the nature of such society. It
is seen that the social control is based on the nature of criminal laws
which are largely penal or restitution. These laws provide enough social
control to keep the complex society going on. It appears that crime is
more likely to occur in complex society than in the less complex
societies. The incidences of crime vary considerably from society to
society. No society in the world is immune from crime. Legally
speaking, without criminal laws there can be no crime. A crime is
considered as a public wrongs against the society. So it is the state that
suffers rather than the individuals. This is why the state prosecutes and
punishes the accusers. Carrabine et al. (2004).

SELF–ASSESSMENT EXERCISE

Explain the Emile Durkheim’s view about the reactions to crime.

55
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

(a). The Police Force

The police force is the primary points of contact between the population
and the criminal laws. The uniqueness of the police force borders much
on its decision. It is the society’s formal response to crime. The
policemen are the “gate-keeper” of crime control. They lubricate the
system through the apprehension, investigation and arrest of suspects.
In carrying out the arrest, the policeman exercises discretion. The police
men detect and apprehend the criminal offenders. He makes a principal
determination on either to initiate a criminal process or not.

The function of a police officer is complex. He participates in court

proceedings as well as investigating in crime. According to the U.S.
National Advisory Commission on Crime Justice Standards and Goals,
it identifies eleven functions of the police. From all indication, the
functions have universal applications. They include

1. Preventing criminal activity

2. Detecting criminal activity
3. Apprehending criminal offenders
4. Participating in court proceedings
5. Protecting constitutional guarantees
6. Assisting those who cannot care for themselves or who are in
danger of physical harm
7. Control traffic
8. Resolving day-to-day conflicts among family, friends and
neighbours
9. Creating and maintaining a feeling of security in the community
10. Investigating crimes and
11. Promoting and preserving civil order. Maguire, et al( 2002).

SELF – ASSESSMENT EXERCISE

List out the universal functions of the police.

b) The Court

After arrests, a court determines a suspect’s guilt or innocence. The

decision of the court has an important consequence for crime control.
The justice scale is the symbol of justice. The public sees the court as
the platform of fairness and impartiality. The court is an agency set up
by the government to define and apply the law, to order its enforcement,
and to settle disputed actions involving individuals or groups. Section
33 of the 1979 constitution of Nigeria covers the right to fair hearing
which also includes the presumption of innocence of every person
charged with a criminal offence.

56
CSS 211 MODULE 2

The main actors in court disputes include the accused- that is, the person
accuse of crime. He is the centre of attraction in the court. He is sand
witched between the prosecutor and the defence in a battle of two
differing parties. The prosecutor represents the states. He carries the
burden of proving the case beyond reasonable doubt in order to earn the
accused conviction. The defence represents the accused. He rebuts the
case presented by the prosecution in order to earn the accused
discharged and acquittal; the judge or jury is a neutral arbitrator who
listens to the charges. He analyses the facts as they relate to the law, and
determines guilt or innocence.

SELF – ASSESSMENT EXERCISE

State and explain the main actors in the court system.

c) The Prisons

The prison is responsible in carrying out measures to prevent escapes of

the convicted persons – such measures are the erecting of high walls, or
chain link fence, placing armed guards, constant checks of cells,
providing system of passes for movements within the prison and
constant surveillance; other stringent measures is to prevent riots. The
prison is therefore an avenue for making an individual or accused pay
for the crime committed against the society. Male and female prisoners
are typically kept in separate locations or separate prisons altogether.
According to Erving Goffman, the prison is “a total institution”. That is,
an institution in which the accused is locked up in a physical,
psychological and social sense. The prisoner is denied the rudiment
choices of everyday life. The idea of the prison is the isolation of the
offender from the rest of the society. The offender is deprived from
anything that could facilitate his criminal acts. Lack of such isolation
could encourage and breed revolts and plots. Prisons are categorised
according to the type of inmates, the structural features, and the extent
of security arrangement. The categorisation is based on the level of risk
a prisoner might pose to the public or national security. The emphasis
here is on the issue of escape or the likelihood of making attempts to do
so. In Britain, prisons were classified into category A, B, C, and D. The
British prison system is also divided into "Open" and "Closed" prisons.
Categories A-C are considered "Closed" prisons as prisoners cannot be
trusted to interact with the public, while category D prisons are
generally "Open", meaning that prisoners with a good record and who
are approved can be allowed limited interaction with the public such as
home-leave or a nominal employment. In fact generally, Prisons are
characterised into maxi-maxi security, maximum security, medium
security, minimum security and women prisons (Maguire, 2002).

57
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

i. Maxi-Maxi Security Prison

The maxi-maxi security prisons are prisons for the most dangerous
criminals. This is otherwise known as category A of prison classification
in Britain. The prisoners are those that would pose the most threat to the
public, the police or national security should they escape. Security
conditions in category A prisons are designed to make escape
impossible for these prisoners. The nature of the offence determined the
type of the security. Such security is created for property crimes.
Example of such prison is found in the Capetown Bay, South Africa
where Nelson Mandela spent 18 years of his 27 years incarceration.

ii. Maximum Security Prison

The maximum securities prisons are characterised by high walls are

multiple fences with wires. This provides maximum control over the
inmates. Example is the Kirikiri maximum security prison in Nigeria.

iii. Medium Security Prison

The medium security prison is characterised an early attempt by the

prisons to reform offenders. Inmates are exposed to many programmes
in order to help them become useful members of the society when
released. The prison provides a rehabilitation instruments for the
welfare of the offenders.

i. Minimum Security Prison

This is a rehabilitation centre for drug addicts and juvenile homes, for
those who can be reasonably trusted not to try to escape. They are given
the privilege of an open prison. This is the lowest level of security to
which an inmate can be assigned directly. The inmates are considered to
be non-violent. The prisons are made for people who have low risk of
escape. The minimum security prison is like the category D
classification, (Maguire, et al, 2002).

ii. Women Prisons

The prisons are designed to cater for women convicts. The prisons were
patterned to cater for gender differences. Women are said to be less
violent than the men. Therefore, they require less stringent supervision.

SELF – ASSESSMENT EXERCISE

Prison is a “total institution”. Discuss.

58
CSS 211 MODULE 2

4.0 CONCLUSION

We have dealt with the concept of formal and informal social control.
Every society tries to ensure an orderly way of life for each member by
adopting a set of rules for controlling and limiting individual actions.
Prisons were categorised into maxi-maxi, maximum, minimum, medium
and women securities. This reflects the types of inmates and security
arrangement.

5.0 SUMMARY

From this unit, you as a student of criminology have learnt about the
concept of social control as an aspect of the community reaction to
crime. You have also been to learn the two forms of social control, i.e.
formal and informal social control.

6.0 TUTOR-MARKED ASSIGNMENT

Compare and contrast between the formal and informal social controls.

7.0 REFERENCES/FURTHER READING

Barley, G. & James, P. (2002). Essentials of Cultural Anthropology.

Canada: Wadsworth Thomson Learning.

Carrabine, E. et al. (2004). Criminology- Sociological Introduction.

London: Routledge.

Conklin, E. J. (2007). Criminology. ( 9th ed.). Boston: Pearson.

Douglas, M. (1964). Man in Society- Patterns of Human Organisation.

London: Macdonald Publishers.

Ferroro, G. (2001). Cultural Anthropology- An Applied Perspective.

(4th ed.). Canada: Wadsworth Thomson Learning.

Gibbs, J. L. (1965). The kpelle of Liberia- In people of Africa. New

York: Holt, Rinehart and Winston.

Maguire, M. et al. (2002). The Oxford Handbook of Criminology.

Oxford: Oxford University Press.

Ogburn, W. F. & Meyer F. N. (1964). Sociology. New York: McGraw-

Hill Books.

59
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

UNIT 5 UNDERSTANDING DEVIANCE

CONTENTS

1.0 Introduction
2.0 Objectives
3.0 Main Content
3.1 Understanding Deviance
3.2 Deviance as Normal and Necessary
3.3 Formal Norms and Sanctions
3.4 Informal Norms and Sanctions.
4.0 Conclusion
5.0 Summary
6.0 Tutor – Marked Assignment
7.0 References/Further Reading

1.0 INTRODUCTION

We shall examine the meaning of deviance and also look at the views of
Durkheim on the normal and necessary parts of the concept. Finally, we
shall classify the three segments of formal norms and sanctions.

2.0 OBJECTIVES

At the end of this unit, you should be able to:

• write the meaning of deviance

• explain the view of Emile Durkheim toward deviance in the
society
• discuss the fundamental segments of formal norms and sanctions.

3.0 MAIN CONTENT

3.1 Understanding Deviance

According to Nancy Heitzeg (1996), deviance is created by society.

This goes to suggest that deviance is socially created. It is a violation of
socially constructed norms. This is also subjected to socially constructed
sanctions. One fact about deviance remains that it is relative, normal and
necessary. To understand the concept of deviance, our discussion will
take us to the social creation of deviance. Heitzeg argues that some
deviant category exists and a person must be viewed as violating the
deviant category. And at the same time, there must be a demand for
enforcement. The focus has been on the evolution and change of
deviance as well as how and why people react to the violators and the
reasons why people violate the socially created norms.
60
CSS 211 MODULE 2

Every society has norms or rules that modify acceptable behavior. By

norms, we mean an appropriate act and condition for a society’s member
(Heitzeg, 1996). Some norms tell us what we ought to do, i.e. it is
prescriptive. For instance, in Nigeria children are expected to greet their
elders, the parents must educate and take care of their children, etc.
Other norms are proscriptive, i.e. they tell us what we should not do.
For example, we should not steal; children should not drive a vehicle
etc.

The fact remains that every norm is affiliated with a corresponding

sanction or punishment that is applied to those who violate the norms.
Therefore, norms are meaningless without sanctions. Every society
defines and controls norms. In an ideal world, a social norm is
interpreted by the society’s members. This, in theory, is the subject of
socialisation. Socialisation is a process where the individuals internalise
the social norms and at the same time translate them perfectly into
conforming actions. The socialisation process in any society is an
attempt to maximise internal self-control, produce conforming
behaviour, and minimize internal self-control.

Looking at the sociology of deviance, we observed that human actors

are differentiated into many kinds of collectivities. This consciousness
ranges from the relatively small units such as the Nuclear family to
relatively large ones such as a nation or culture. People in society, learn
to deal with deviance in different levels and distinguish it in their own
daily activity. For instance, in Obohia Ndoki, Eastern part of Nigeria, a
man is expected to disown and disinherit his son for conduct that
violates old family traditions or within the same kindred. The compound
chief has the authority to ostracize a member of the compound who
violates the traditions and customs of the people. These standards are
built to maximise internal self-control and produce conforming actions.
According to Erikson (1996), communities are boundary maintaining.
Each community has a specific territory in the world as a whole. It is
not only in the sense that it occupies a definite region of geographical
space but also in the sense that it takes over a particular niche in what
might be called cultural space. The community therefore develops its
own “ethos” or “way” within that compass. These dimensions of group
space, and geographical cultures, set the community apart as a special
place and provide an important reference point for its members.

That is to say, that a human community can be said to maintain

boundaries. It is in the sense that its members tend to confine
themselves to a particular radius of activity, and to regard any conduct
which drifts outside that radius as somehow inappropriate or immoral.
Thus the group retains a kind of cultural integrity.

61
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

There are social groups on the surface of the earth which possess
complexes of conduct norms. But due to the differences in their mode
of life and social values, they appear to set themselves apart from other
groups in many respects. For instance, we may expect a conflict of
norm when a village dweller moves to the town. Nevertheless,
immediately the village dweller settles in the city, we assume that he has
absorbed the basic norms of the culture which comprises both the town
and rural codes.

Conflicts of cultures are inevitable when the norms of one cultural or

sub- cultural area migrate to or come into contact with those of another.
Conflicts between the norms of divergent cultural codes may arise with
these reasons: (a) when these codes clash on the border of contiguous
culture areas, (b) when, as may be the case with legal norms, the law of
one cultural group is extended to cover the territory of another, or (c)
when members of one cultural group migrate to another (Sellin, 1996).

3.2 Deviance as Normal and Necessary

Deviance is everywhere. All societies and all social groups have norms
and sanctions, rules and regulations. This observation has two major
implications, both of which were developed and addressed by
sociologist, Emile Durkheim (1858 – 1917). For Durkheim, deviance is
not a pathological social aberration to be destroyed; rather it is normal
and necessary part of every social order. Deviance is normal because it
is present in every society. It is the rule and not an abnormal exception
(Heitzeg, 1996).

What Durkheim is saying is that in every society there are deviant and
criminals such as murders, aggravated assaults, rapes, mental illness etc.
There is always someone to be a deviant. For instance, in 1967, a man
from the neigbouring community killed and surreptitiously ate a snake
in Obohia Ndoki but the community gathered together and sanctions
him. This is because it is against the norm of the people in Obohia-
Ndoki. There must be deviance; it is a normal part of every society.
Deviance is normal because it cannot be avoided. Every society has
deviance because the people seek social boundaries to fine its members.
They provide them with a sense of belongings and at the same time cast
out deviants.

Deviance is necessary because it brings society together. That is, crime

brings together honest people. This is because the case is abnormal and
anomalous. Thus, Deviance unites conforming members of a social
group. It reaffirms their values and at the same time strengthens group
cohesion. Deviance delimits the group boundaries. It implies that
people with norms of acceptable behaviours cut across group

62
CSS 211 MODULE 2

boundaries. Therefore if there is no deviance, there will be no social

cohesion.

SELF – ASSESSMENT EXERCISE

What is the view of Emile Durkheim towards Deviance in society?

3.3 Formal Norms and Sanctions

In this sub unit, we shall look at the types: deviance, Norms and
sanctions. We should consider the formal norms and sanctions and the
informal norms and sanctions. Norms and sanctions vary with regard to
their formality and seriousness. A society where there is no government,
no state structure, no laws, and such society will experience chaos and
anarchy. A social control is therefore required and that is the role of
norms and sanctions.

Formal norms and sanctions are codified. That is, the norms are written
in law. They are formalised in every situation. The norms are enforced
by specially designated and empowered agents of social control. The
sanctions are also fixed by law and the set procedures are carried out
according to the law. The formal norms and sanctions are evident in
three forms: (a) Criminal law (b) Civil law and (c) Administrative laws.

(a) The Criminal Law

The criminal law is regarded as the most serious rules of any society and
a drastic punishment is always mete- out to the offenders. The law is
made up of acts that are viewed as public wrongs. This is due to the
belief that such proscribed behaviour threatens the entire social order of
the society. A criminal is said to have two victims. The first one is the
individual (person) and the next is the state (government). These are
some of the criminal laws prohibited as acts of the state: (i) crimes
against the person; examples are: homicide, rape and other sexual
offence, assault and battery, robbery and kidnapping; (ii) crimes against
property; examples are: burglary, larceny, embezzlement, forgery, arson,
and vandalism; (iii) crimes against public order; examples are : breaches
of peace, vagrancy, public drunkenness, and disorderly conduct (iv) ,
crimes against morality; examples are: prostitution, possession sale, and
use of illicit drugs, sale of pornography to minors (young ones) and
gambling.

It is important to note that a criminal law must be mens rea before the
accused would be regarded as a criminal. The mens rea means “the
guilty mind”. That is, the law establishes that the act must be
intentionally committed before the person would be found to be guilty.

63
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

Violations of criminal law are treated in a formal system or structure

known as criminal justice system. Its mandate ranges from
apprehension, prosecution and punishment of criminals, various agents
of social control such as police officers, prosecutors/defence attorneys,
judges, probation and correctional officers have the right and
responsibility of ensuring the sanction of offenders. They do this in a
process of mandates and procedures established in a formalised fashion.
The criminal law and criminal justice inevitably have the most serious
sanctions. Some punishments of criminal justice system are minor, i.e.
the offenders receive fines or it may be community supervision, while
others are certainly severe. Therefore, the criminal law is concerned
with public wrongs and not individual disputes. The community
correction is one of the several social control systems. It is a correction
which allows the offender to remain in the community as a full sentence.
It is a part of punishment based on the medical model rehabilitative
ideal. Community correctional options include probation which is the
oldest and most commonly used alternative to incarceration. Probation
requires the offender to fulfill set conditions and meet regularly with the
probation officer who supervises the offender throughout the
probationary period (Heitzeg, 1996).

The criminal law is legislatively created on three governmental levels in

Nigeria. They are the (i) federal (ii) state and the local level. The
federal legislation is passed by the National Assembly- (i.e. the Senate
and House of Representatives) and signed into law by the president.
The state laws require passage by the State House of Assembly and
signed by the Governor. The local – level law or ordinance are written
and voted on by the local government area councilors and approved by
the chairman.

SELF – ASSESSMENT EXERCISE

What is formal norm?

(b) Civil Law

The civil law is designed to resolve private disputes. Here, legal actions
are initiated by persons and not the state. Nevertheless, an offender may
simultaneously be criminally prosecuted by the state and civilly sued by
the individual victims. Civil courts are bound by less strict procedural
requirements. It has a lower standard of proof. The civil court resolves
private disputes. The sanction is employed in monetary terms. It is a
sort of compensation rather than punishment. In fact, this is the goal of
civil courts. The violators of civil law are requested to make exact
monetary restitutions to their victims. They do sometimes pay extra
amount for pain, suffer and future financial loss due to the victim. Civil

64
CSS 211 MODULE 2

suits include a broad range of rules that govern various aspects of

personal relationships. They include contracts, intentional harm to
persons and property defamation of character, negligence, wills and
estates, marriage and divorce, real estate sales, copy rights, and patents.

SELF – ASSESSMENT EXERCISE

What is the difference between civil and criminal law?

(c) Administrative Law

The administrative law involves a legislative creation of agencies which

are empowered to create and enforce law within a particular sphere of
the social life. Administrative law arose as a failure of the civil and
criminal laws to adequately regulate the corporations. Much of the laws
involves the protection of individuals from corporate wrongs and from
organisational offends. Examples of these administrative agencies
include National Agency for Food and Drug Administration and Control
(NAFDAC), National Drug Law Enforcement Agency (NDLEA);
Federal Road Safety Commission (FRSC); Independent National
Electoral Commission (INEC); Nigerian Immigration Service (NIS);
Nigerian Institute of Advanced Legal Studies (NIALS) etc.

3.4 Informal Norms and Sanctions

Informal norms and sanctions are categorised to explain and control

many acts and statuses through informal means. Due to the nature of
informal norms, they were not codified. They are informally understand
and interpreted. The violation of informal norm do not constitutes crime
rather they are deviants of social variations. That is, they are divergence
from commonly accepted customs and practices.

The acts and practices of informal norms are stigma, style, leisure, and
lifestyle. These are the society’s socially disapproved behaviours. The
social definition of informal deviance is not guided by clearly defined
criminal codes (Heitzeg, 2007). Examples of informal deviance include
breaches of etiquette, situations of stigma, differences in appearance and
style, and activities associated with leisure and life-styles. Each of these
will be discussed in details.

(i) Stigma

Stigma is a categorisation of persons as deviant due to a stigmatised

status. That is, this stigmatised status could be physical ability,
appearance, race, gender or age. For instance, in terms of age the
subculture, may be label as young and foolish or old and senile. The

65
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

stigma could be attributed to a group. E.g. Germans are Nazis, the Jews
are greedy and tight, Urhobos are fraudulent, etc. The definition of
stigma is rooted to who people are, or how they look, rather than what
they have done. It is designed to control status than activity. It does not
bring about societal reaction. It is only based on stereotypes, i.e. beliefs.

(ii) Styles

A style is a norm of etiquette and appearance. It is one of the greatest

numbers of informal rules. It relations to what we may wear, and when
and how to behave in a mannerly fashion. They are deeply embedded in
our consciousness than we question there. For instance, we know that
some Christian women don’t put on trousers, six-year-old girls should
not wear make ups, and we should not refer to our superiors as “Hey”.
The appearance is a form of non-verbal communication. It establishes
an identification of the persons so that we can interact appropriately. It
is a major source of symbolic meaning. It is the first clue others have
about who we are. How we appear often furnishes the framework for
further communication (Heitzeg, 2007).

(iii) Leisure

Leisure is a norm which defines the appropriate use of leisure time and
special rules of leisure. Leisure leads to deviance, especially among the
youths. It is based on a proverb that says that “an idle hand is a devil’s
workshop”. The implication is that an undirected leisure will “lead to
trouble”. These activities reinforce drinking, drug abuse, sexual
promiscuity and generalised criminal offences. For instance, sports and
music are seen as the ways of instilling conformity and thereby thwart
deviance.

(iv) Life Styles

Life style is the norm that defines certain philosophies of life and ways
of organising day-to-day life as deviant for example, rock music since
its inception has been defined as deviant. Others are hippies and the
punks.

4.0 CONCLUSION

From this unit, you should be able to understand and explain the
sociology of deviance by the view – points of Emile Durkheim and the
role to self – preservation. It was established that deviance is normal
and necessary in every society. It concludes by looking at the formal
and informal types of explaining social control.

66
CSS 211 MODULE 2

5.0 SUMMARY

We learnt about the concept of deviance as societal constructed. We

dealt with deviance as a normal and necessary part of society. All
societies experience and have norms and sanctions. We also discussed
about the formal and informal aspects of norms and sanctions.

6.0 TUTOR – MARKED ASSIGNMENT

Compare and contrast civil and criminal law.

7.0 REFERENCES/FURTHER READING

Heitzeg, N. (1996). Deviance- Rule Makers and Rule Breakers. New

York: West Publishing Co.

Erikson, K.T. (1996). On the Sociology of Deviance in Deviant

Behaviour-A Text Reader in the Sociology of Deviant. (5th ed.).
New York: St. Martins Press.

Kelly, D.H. (1996). Deviant Behaviour- A Text Reader in the Sociology

of Deviant. (5th ed.). New York: St. Martins Press.

Thorsten, S. (1996). The Conflict of Conduct Norms in Deviance- Rule

Makers and Rule Breakers. New York: West Publishing
Company.

67
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

MODULE 3 EXPLANATIONS OF CRIME AND

DELINQUENCY

Unit 1 Differential Association Theory

Unit 2 Psychoanalysis Theory
Unit 3 The Conflict Theories
Unit 4 Functionalist View: Anomie theory
Unit 5 Interactionist Perspective: Labeling Theory

UNIT 1 DIFFERENTIAL ASSOCIATION THEORY

CONTENTS

1.0 Introduction
2.0 Objectives
3.0 Main Content
3.1 The Differential Association Theory
3.2 Principles of Differential Association
3.3 Evidence on Differential Association Theory
3.4 Professional Theft and Differential Association Theory
3.5 White-collar Crime and Differential Association Theory
4.0 Conclusion
5.0 Summary
6.0 Tutor – Marked Assignment
7.0 References/Further Reading

1.0 INTRODUCTION

The unit shall examine the theoretical explanations of crime and

delinquency here. In the process of understanding why people engage in
criminal behaviour, solution/prediction and control of behaviour will be
explore. A theory is an explanation to the study of criminal behaviour.
For example, it involves efforts to test the reality of thoughts or
explanations about how variables (such as gender, family background,
school, age, etc.) are related to criminal behaviour).

In understanding criminal behaviour, we shall first examine the

sociological theories which emphasise the use of social-structural and
social-process concepts to crime. The social structural concept
examined (a) Ecological theories by Ernest W. Burgess and Robert E.
Park,(1967). (b) Classic Anomie by Emile Durkheim (1893), and Robert
K. Merton (1938), Contemporary Anomie by Robert Agnew and
Richard Rosenfeld, (2001). (c) subculture of gangs by Frederic M.
Thrasher (1963),and William F. Whyte,(1943) (d) Neutralisation and
Drift by Gresham Sykes and David Matza,(1961) (e) Differential

68
CSS 211 MODULE 3

opportunity by Richard Cloward and Lloyd Ohlin (1960), (f) the lower-
class boy and lower-class culture by Albert k. Cohen (1955),and Walter
B. Miller (1958), (g) Conflict theory – Karl Marx and Friedrich Engels
(1947), (h) Conflict Theory – Facilitating by Frank Tannebaum (1938),
and Willem D. Bonger (1916), (i) Culture and Group Conflict by
Thorsten Sellin (1938) and George B. Vold,(1979) etc. The social
process concept examined the works of Sutherland’s Differential
Association (1949), Reiss and Nye’s control theory (1958), Reckless’s
containment theory (1970), Hirschi’s Bonding Theory, (1969).
Gottfredson and Hirschi’s Self Control Theory (1990), Labeling
Theories of Howard S. Becker (1963) and Edwin Lemert, (1964).
Integrated Theories of Sampson, sellers (1999), Cullen Francis (1994),
and Thornberry Terence (1987). This unit shall examine few of them.
The unit shall examine the psychoanalysis approach of Sigmund Freud
in the field of psychology; the Differential Association, the conflict
theories, the Anomic theory and labeling theory.

2.0 OBJECTIVES

At the end of this unit, you should be able to:

• recognise differential association theory

• recall the nine principles of Edwin Sutherland
• compare between professional theft and differential association
theory
• discuss the relationship between white-collar crime and
differential association theory.

3.0 MAIN CONTENT

3.1 The Differential Association Theory

Differential Association is a sociological theory of criminal behaviour

which uses the social – process approach. It is concerned with the
process by which people become criminalised through interactions with
others. It tries to delineate, how and under what circumstances people
learn criminal behaviour. Differential Association theory is thus a
process theory because it details the experiences a person must go
through in order to become a delinquent. It tries to explain why any
given individual does or does not become a criminal Conklin,( 2007).
Differential Association theory rejects the assumption that individual
pathology or biological factors cause crime. The theory was developed
by Edwin Sutherland (1949), a sociologist of the famous Chicago school
on his contribution to the study of delinquency. He emphasised that
criminal behaviour is learned in interactions with others in a process of
communication within intimate groups For instance, Children learn
69
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

techniques, motivations, and attitudes along with definition of criminal

code as being favourable or unfavourable. Children became delinquent
because of an excess of definitions favourable to violation of law over
learning definitions unfavourable to the violation of law. Learning to
become delinquent involves all of the mechanisms involved in any type
of learning. Social organisation affects the kinds of associations a
person has. Delinquency therefore, is rooted in and is an expression of
social organisation Regoli and Hewitt, (1991).

SELF – ASSESSMENT EXERCISE

What do you understand by the term “Differential Association Theory”?

3.2 Principles of Differential Association Theory

Edwin H. Sutherland established nine propositions explaining why

crime rates are distributed among various groups. The first principle of
differential association theory is that delinquency behaviour is learned.
In this proposition, Sutherland emphasised that delinquent behaviour is
not inherited. He claimed that only a sociological explanation could
account for a person’s involvement in delinquency. Therefore, a
criminal’s specific action can be as a result of a combination of factors
such as skills, ideas and opportunities that are available only to that
individual.

The second principle says that delinquent behavior is learned through

communication with others in intimate groups. This communication
involves non-verbal interactions such as gestures as well as verbal
interactions. Sutherland claims that only small, face-to-face gatherings
really have an influence in criminal behaviour. He focused much
attention on family or peer groups as the most likely sources of initiation
into delinquent values and activities.

The third principle claims that, the principal part of learning criminal
behaviour occurs within intimate personal groups. He did not believe
that the media play an important role in the process. The theory regards
the media as unimportant because the theory was developed before the
mass ownership of the print and electronic media.

The fourth one says that when criminal behavior is learned, the learning
includes (a) techniques of committing the crime, which are sometimes
very complicated, sometimes very simple; (b) the specific direction of
motives, drives, rationalisations, and attitudes. Sutherland believes that
rationalisations and attitudes toward the law are learned from people we
associate with. For example, it occurs regularly among the Indian hemp
smokers in Mushin, Lagos. They seem not to notice the illegality of

70
CSS 211 MODULE 3

smoking the substance. The people opposed to the laws and assert that
such restrictions are senseless. They reasoned that the law has purpose
to discriminate against the younger generation. They also believed that
Indian hemp does no harm than alcohol and that the lawmakers are joy
killers. Sutherland reiterates that little or no skill is needed to commit
some crimes, e.g. the word of another person requires little skill,
especially if the weapon to kill is available. Another example is the
embezzlers of fund. They only use their accounting skills for such
illegal ends.

The fifth principle is that the specific direction of motives and drives is
learned from definitions of the legal codes as favourable or
unfavourable. Sutherland pointed out that the definitions of the law are
mixed. Some favour violating the laws, while others support
compliance. The mixture creates cultural conflict with respect to the
legal codes. He states that the fifth principle is the heart of differential
association theory. It states that people who are more exposed to verbal
signs and suggestions favour law violations than the ones favoured to be
obedience; who are more inclined to breaking the law. Thus, parents
who lie may foster delinquency in their children unless it favours
obeying the laws.

The sixth principle states that a person becomes delinquent because of

an excess of definitions favourable to violation of law over definition
unfavourable to violation of law. Those who engage in criminal
behavior do so because they have close intimate relationships with that
kind of behaviour and are isolated from anti-criminal behaviour.

The seventh proposition establishes that differential associations may

vary in frequency, duration, priority, and intensity. This seventh
statement is a crucial one in Sutherland’s theory. It means that
associations with criminal and non- criminal behavior vary in terms of
these four elements. It is the nature of association with criminal and non
criminal ways, rather than the mere fact of associations, that is
important. Associations that are more frequent, play a larger role in the
balance between definitions favourable to violation of the law and
definitions unfavourable to violation of the law. Associations that
endure over the longest time are the most significant in determining
criminal behaviour. Associations that occur earlier in life, especially in
childhood or adolescence, are the most forming definitions of the law,
this is what is called the priority of association.

Finally, the intensity of association is very important. This means that

the prestige of the source of definition of the law and the individual’s
emotional reactions to the source are significant in learning definitions
of the law. Thus, a young child who learns a definition favourable to

71
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

violation of the law from a parent who presents that definition frequently
and over long stretches of time will be more influenced in the direction
of violating the law than an adult who is exposed to a definition
favourable to violation of the law by a passing acquaintance whom the
adult sees less frequently and for short periods.

The eight statement argues that the process of learning criminal

behaviour by association with criminal and anti-criminal patterns
involve all of the mechanism that are involved in any other learning.
This statement confirms Sutherland’s view that crime is a form of
behaviour that is learned in the same way as non criminal behaviour.
That is, the same learning theory that explains non criminal behaviour
explains the criminal behaviour. He emphasised that criminal behaviour
is not restricted to the process of imitation. It also involves learning.

Lastly, the ninth proposition says that while criminal behaviour is an

expression of general needs and values, it is not explained by those
general needs and values since non criminal behaviour is an expression
of the same needs and values. Here, Sutherland argues that criminal
behaviour cannot be explained by a general desire to accumulate
property or enhance status among peers. This is because those motives
can also lead to noncriminal behaviour. The last statement is very
important because it negates the belief that hungry people steal because
they are hungry. That belief fails to explain why some hungry people do
not steal.

To Sutherland, the attempt to explain criminal behaviour in terms of a

person’s needs or desires was as futile as trying to explain the behaviour
in terms of respiration. Sutherland stated that it was not necessary to
explain why a person has the associations he has. For example, we shall
examine the high rates of criminal behaviour of two boys growing up in
a neighbourhood. One boy, who is outgoing active, and athletic, might
associate with the criminals in his neighbourhood and learn their
behaviours. A second boy, who is shy and withdrawn, may not become
acquainted with other boys in the neighbour and thus not engage in the
same type of delinquent behaviour they do. These contacts or the lack
of them occur within the total social organisation in which the boys live
including their families. Thus, behaviour can be determined by many
other associations within a society.

SELF – ASSESSMENT EXERCISE

Outline the nine principles of Sutherland propositions on differential

association theory.

72
CSS 211 MODULE 3

3.3 Evidence on Differential Association Theory

Evidences are available to show the consistency of the differential

Association theory in relationship between delinquent behaviours and
the patterns of interaction among the adolescents. It shows that the
associates of juvenile delinquents are usually other delinquents. That is,
delinquency takes place and frequently committed in groups. For
instance, a study of juvenile theft established that the offenders always
associate with other adolescents who had already stolen properties. This
is very important in leading the boys to steal, especially if the
association began when the boy was quite young, continued it over a
long time and involve boys who stole frequently. Another study found
out that delinquency has more impact on recent friendships than
friendships formed earlier in life Conklin (2007).

Research suggests that delinquent behaviour is more strongly influenced

by learning from direct observation of peers’ behavior than it is by
learning peers’ attitudes Warren & Stafford, (1991). Much delinquency
takes place in groups. The extent varies in the specific offence and with
age and sex of the offender. Broken homes are as a result of weak
parental supervision. Thus, there were increase interactions with
delinquent peers which were exposed to definitions favourable to
delinquency and eventually, delinquent behaviour. Broken homes also
contribute directly to an excess of definitions favourable to delinquency
over definitions unfavourable to delinquency (Conklin, 2007).

SELF – ASSESSMENT EXERCISE

How does intimate relation affect delinquent behaviour?

3.4 Professional Theft and Differential Association Theory

Evidence consistent with differential Associations theory comes from

the studies of professional thieves Edwin Sutherland (1937).
Sutherland discovered that members of the subculture of the
professional thieves teach new recruits the skills that make expert theft
possible. That process of instructions provides new thieves with
knowledge of how to open opportunities for theft. The instruction
ignites opportunity to plan and carry out thefts. This is what we know
as the process of tutelage. That is, Burglars learn specific skills such as
how to enter a building or open a safe. Robbers learn to interpret their
criminal codes and mastery during the crime. The young members of the
juvenile gangs sometimes learn techniques of car theft from older
members. Pick pockets learn specific skills, practice them, and are
evaluated by other thieves. They refine their skills to be accepted as
professionals by other pickpockets. Letkemann in his study of

73
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

professional thieves in a Canadian prison concluded that an early

involvement in juvenile delinquency is a major factor in adult career as a
professional criminal (Conklin, 2007).

SELF – ASSESSMENT EXERCISE

What do you understand as “the process of tutelage” in criminality?

3.5 White-Collar Crime and Differential Association Theory

William K. Skinner and Anne M. Fream (1997), in the study of social

learning theory analysis of computer crime among college students
concluded that differential association theory can be used to explain
white-collar and computer crimes, because it is featured in the learning
of material success which is a cultural goal. Criminals pursue these
cultural goals through illegal means. Skinner and Fream observed that
students are more likely to engage in software piracy or illegal access if
they had friends who had committed computer crimes. It happens in this
way because of inadequate enforceable code of ethics to limit the pursuit
of material success to legal means. Those factors or rules which are
unfavourable to the violation of the law are not easily learned in the
world of business. It is only those rules that are favourable into a
business organisation that are likely to be violated by law.

According to Jensen (1976), a study of attitude towards bribe was found

to be experienced at executives than were business students who lacked
experience in the world of business. Therefore, business experience is
conducive to the learning of definitions supportive by bribes. Learning
from superiors and colleagues in the company is probably a more
important determinant of business crime than is the personality of the
individual.

4.0 CONCLUSION

From this unit, the students should be able to know and explain the
concept of ‘differential association theory’ as propounded by
Sutherland. They should be able to outline the nine principles of
Sutherland of differential association theory. The students also should
be able to evaluate the relationships between juvenile delinquency, and
professional; and theft, white-collar crime and differential association
theory.

5.0 SUMMARY

In this unit, we expressed the meaning of differential association theory,

discussed the Edwin Sutherland nine assumptions about differential

74
CSS 211 MODULE 3

association theory. Finally, we examined the relationship between

evidences in differential association theory.

6.0 TUTOR – MARKED ASSIGNMENT

Mention and explain the nine principles of differential association theory

as listed by Sutherland.

7.0 REFERENCES/FURTHER READING

Conklin, E. J. (2007). Criminology. (9th ed.). Boston: Pearson.

Cullen, F. (1984). Rethinking Crime and Deviance Theory- The

Emergence of a Structural Tradition. New York: Rowman &
Allanheld.

Gottfredson, M.R. & Hirschi, T. (1990). A General Theory of Crime.

Stanford: Stanford University Press.

Hirschi,T. (1969). Causes of Delinquency. Los Angeles: University of

California.

Reid, S. (2006). Crime and Criminology. (11th ed.). Boston: McGraw

Hill.

Sellers, C. S. (1999). “Self Control and Intimate Violence-An

Examination of the Scope and Specification of the General
Theory of Crime”.

Sutherland, E.H. (1978). The Principles of Criminology. (10th ed.). New

York: Wiley.

Sutherland, E.H. (1937). The Studies of Professional Thieves. New

York: wiley.

Thrasher, F.M. (1963). The Gang. Chicago: University of Chicago

Press.

Vold, G.B. (1979). Theoretical Criminology. New York: Oxford

University Press.

75
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

UNIT 2 PSYCHOANALYSIS THEORY OF CRIME

CONTENTS

1.0 Introduction
2.0 Objectives
3.0 Main Content
3.1 Psychoanalytic Theory
3.2 Psychoanalytic Theory and Delinquent Behaviour
3.3 Psychopathetic Personality
4.0 Conclusion
5.0 Summary
6.0 Tutor – Marked Assignment
7.0 References/Further Reading

1.0 INTRODUCTION

Psychoanalysis is a branch of psychiatry. It uses particular personality

theory and a specific treatment method, usually individual case study.
Sigmund Freud is credited as the greatest contributor to the development
of psychoanalytic theory. He believed that the only way to find the roots
of delinquent behaviour is to delve into the individual’s background
such as: personality, trait, social behaviour, conscious and unconscious
minds, etc.

2.0 OBJECTIVES

At the end of this unit, you should be able to:

• distinguish Sigmund Freud and August Aichhorn

psychoanalytical approaches to crime and delinquency
• Recall the relationship between psychoanalytic theory and
delinquent behaviour
• write the Psychopathetic personalities that cause defections of
conscience.

3.0 MAIN CONTENT

3.1 Psychoanalysis Theory

Psychoanalysis theory is the basis of Sigmund Freud (1856 – 1939)

analysis of crime. According to Freud, crime and delinquency are a
consequence of an imbalance between three factors of the subconscious
mind. Freud viewed that the personality, or psyche, is made up of three
parts. They are the id, ego, and superego. The id (instinct gratification)
is the component of the subconscious mind that is self – serving,
76
CSS 211 MODULE 3

egocentric and concerned with self – gratification. The id is the original

system of the personality that is present at birth. It represents all of the
individual’s basic biological and psychological drives. This includes the
Libido, a word that is used to attribute to the full range of sexual urge
within all animals. It is fueled by pleasure principle. That is, it is
associated with antisocial behaviour. Therefore, if the id is left without
check, it may destroy the individual. It is basically the unconscious
portion of the personality or psyche.

The ego mediates between the contrasting needs of the id and superego.
It attempts to fulfill either the desires of the id or the superego within the
boundaries of social conventions. If the id or superego overpowers the
mediating force of the ego, crime, delinquency, and other forms of
irrational behaviour may or not occur. The ego grows from the id. It
represents the problem – solving aspects of the personality. The ego
differentiates the reality from the fantasy. That is, the ego tells the child
that stone is not food. The child learns to delay gratification until later
because acting on impulse may get him into trouble. Some children are
punished, for instance, for eating the stone or a child who does not take
meat from the mother’s pot for fear of being punished by the parents, for
men who go against the norm of the society are labeled (Carrabine, et al
2004).

The superego is the component of the mind or personality that represents

morality and conscience. The superego grows out of the ego; it is the
norms and value individuals acquired in the process of socialisation. It
is responsible feelings of guilt and shame. That is, an individual that
develops superego will surely restrain from committing crime of stealing
or telling a lie etc. The process of adapting to this moral and ethical
standard of the society is known as the process of introjections, Chauhan
(1978).

SELF – ASSESSMENT EXERCISE

Explain the three important dynamics of human personality.

Another contributor to the psychoanalytical explanations of crime is

August Aichhorn. He developed a psychoanalytical approach to the
problem of juvenile delinquency. In 1925, he published his book
Wayward Youth, which described the characteristics of the disturbed and
delinquent children. He introduced the concept of “Latent delinquency”
into the psychoanalytical literature. He maintained that latent
delinquency should be understood before progress could be made in
understanding the delinquent behaviour itself.

77
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

He believed that to find the causes of delinquency we must not only seek
the provocation which made the “latent delinquency” manifest, but we
must also determine what created the latent delinquency. ‘The
predisposition to delinquency is not a finished product at birth, he
maintained, but is determined by the emotional relationships, that is, by
the first experiences which the environment forces upon the child’
Williams (1984).

Aichhorn establishes that every child is at first and asocial being. The
child demands direct primitive instinctual satisfaction without regard for
the world around him. To the child, such behaviour is considered a
social or dissocial in the adult. The responsibility is therefore to lead the
child from this asocial to a social state. Unfortunately, the development
process of a young child does not follow a fixed or normal course. This
resulted where the child remains a social or stimulates social adjustment
by suppressing his instinctual wishes so that a state of latent delinquency
arises. Aichhorn uses the term “dissocial” to describe this state.

Aichhorn also discussed on the need to achieve a balance between the

‘pleasure’ principle and the “reality” principle. This modifies one’s
behaviour to have some regard for the surroundings and consequences
both to one self and to others. The role of the therapist also establishes
in the subject a superego or ‘ego ideal’ or conscience by which
behaviour may be controlled.

SELF – ASSESSMENT EXERCISE

Explain what you understand by the term “latent delinquency”.

3.2 Psychoanalytic Theory of Delinquent Behaviour

The theory implies something about delinquency. This is because it

assumed that all individuals are antisocial with only the id. Some
scholars equate the id with delinquent behaviour. Delinquents are young
people who have not tamed their id factor sufficiently. In other words,
they failed to transform their impulses into socially accepted ways of
behaviour. These obligations belong to the ego, which look realistically
at a situation, and at the same time, the superego which looks at the
parents in telling children what to do. With psychoanalytic theory there
are at least two major reasons given for delinquent behaviours. They are
(a) an underdeveloped superego and (b) over developed superego Regoli
and Hewitt (1991).

78
CSS 211 MODULE 3

A. Underdeveloped Superego

Underdeveloped superego is the first reason for the delinquent behaviour

of the young man. It occurs as a result of socialisation process which
has been inadequate or incomplete. In this process, the superego is
simply too weak to remedy the impulses and drives of the id. This
resulted in an antisocial behaviour, a direct expression of the id. In this
case, you want what you want when you want it, e.g. if your want
something, just go and steal it. Delinquent behaviour may then be a
symbolic expression of the unconscious impulses. Thus, a young man
with an unresolved Oedipus complex may murder his father or commit a
symbolic act of sexual intercourse with his mother (Regolis and Hewitt
1991).

B. Overdeveloped Superego

The second reason of delinquent behaviour is overdeveloped superego.

The delinquent behaviour results because the socialisation process was
too extreme and the superego is overdeveloped. In this case, impulses
and drives of the id, even the mild ones, may elicit strong disapproval
from the superego. This on-going conflict between the id and the
superego may cause the ego to experience guilt and anxiety. To get rid
of the guilty, the ego realises that punishment follows a crime.

SELF – ASSESSMENT EXERCISE

Explain the two major reasons as propounded by Aichhorn for

delinquent behaviour.

3.2 The Psychopathic Personality

Sigmund Freud believed that people develop through stages. When

abnormality occurs in the process of the stages, conflict is experienced.
The conflict emanates from the individual’s basic drives (id) and social
controls. Due to the fact, that the conflict is painful to confront, people
tend to push into their unconscious those experiences that produce
conflict.

A psychopath is a person without a conscience (superego) and thus,

without control over his or her behaviour. A psychopath is a product of
faulty socialisation in morality.

There are two major aspects of psycho pathetic personality which causes
defective conscience. (a) The first aspect referred to the inability of the
young man to apply the moral standards of the society to his behaviour.
In fact, he steals, cheats, does not keep promises, etc. In other words, he

79
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

has not internalises the “thou shalts” and the “thou shalt nots” of his
society and cultural milieu. (b) The second aspect is the one that deals
with absence of guilt. Guilt is an important aspect of as well-developed
conscience, when a normal person violates the moral code he feels
guilty; he feels sad and blames himself for the wrong-doing. (Regoli and
Hewitt, 1991).

SELF – ASSESSMENT EXERCISE

Explain the two major aspects of Psychopathetic Personality.

4.0 CONCLUSION

From this unit, you have leant the three basic factors that are composed
in human psyche or personality; that is, the id, ego and superego and the
explanation of crime by his concept of “Latent delinquency” in
psychoanalytical approach. You have also been able to learn the two
major reasons for delinquent behaviour, as well as the two major aspects
of Psychopathetic personality that causes defective conscience.

5.0 SUMMARY

In this unit, we explained both the Sigmund Freud and August

Aichhorn’s psychoanalytical approaches to crime and delinquency. We
explored the relationships between psychoanalytic theory and delinquent
behaviours. Finally, we examined the Psychopathetic personality that
causes defective conscience.

6.0 TUTOR-MARKED ASSIGNMENT

Compare and contrast between Sigmund Freud and Aichhorn’s analysis

of delinquent behaviour.

7.0 REFERENCES/FURTHER READING

Aichhorn, A. (1964). Psychoanalytical Approach to Delinquency.

London: prentice.

Aichhorn, A. (1954). A primer of Freudian psychology. London:

Prentice.

Aichhorn, A. (1925). Wayward Youth. London: Prentice.

Carrabine, E. et al. (2004). Criminology- Sociological Introduction.

London: Routledge.

80
CSS 211 MODULE 3

Chauhan, S. S. (1978). Advanced Educational Psychology. New Delhi:

Vikas Publishers.

Regoli, R. M. & John, D. H. (1991). Delinquency in Society- A Child –

Centred Approach. New York: Mcgraw-Hill.

William Hall, J. E. (1984). Criminology and Criminal Justice. London:

Butterworths.

81
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

UNIT 3 CONFLICT THEORIES

CONTENTS

1.0 Introduction
2.0 Objectives
3.0 Main Content
3.1 Conflict Theories
3.2 Modern Conflict Approach
3.3 Culture and Group Conflict
3.4 Power and Conflict
4.0 Conclusion
5.0 Summary
6.0 Tutor – Marked Assignment
7.0 References/Further Reading

1.0 INTRODUCTION

This unit will examine conflict theories as it relates and explain its
relationship in discussing delinquency, we shall look at Durkheim and
the Marxists’ views about conflict; similarly, the background of the
modern theory of conflict will be discussed. The views of Thorsten
Sellin on the concept of culture conflict and Austin Turk’s “power and
conflict” will also be examined.

2.0 OBJECTIVES

At the end of this unit, you should be able to:

• analyse the meaning of conflict and the basis of conflict in

society
• write the background of the modern conflict theory
• review the position of social-structure, as a causative element in
the discourse of conflict.

3.0 MAIN CONTENT

3.1 Conflict Theories

The conflict theory of juvenile delinquency is based on the principle of

rejection that laws emerged out of consensus. The traditional approach
to the study of crime based on this consensus was championed by Emile
Durkheim, who believed that laws emerged because societies understand
the need to institute a more formal system of social control. Emile
Durkheim said that any society that permits deviance will definitely

82
CSS 211 MODULE 3

expect crime. He also agreed that criminals and non-criminals are two
distinct groups.

But the conflict theorists disagreed with these assumptions. The conflict
scholars believed that laws emerged out of conflict and not consensus.
Laws are legislated by the groups in power as a means of controlling
those who are not in power. That is, the legal system reflects the
interests of the state. The state has a vested interest in the creation and
enforcement of laws. Law represents the values deemed most fit by that
segment of society with the power or influence to have their interests
reflected into law.

According to Chambliss (1984) cited in Regoli & Hewitt(1991), law

reflects those values that are considered essential to maintaining social
order and the control of potentially threatening groups. It represents the
protection of values that are in the interest of particular groups.

The explanations of juvenile delinquency to many scholars are found to

be in the relatively normal conflict that occurs between groups in
modern societies.

Furthermore, the conflict perspectives considered the fact that criminals

do not necessarily differ from non-criminals, except possibly in the way
society reacts to their behaviour. For example, in 2006, a commissioner
in Zamfara State, Nigeria was alleged to have embezzled millions of
Naira from the state government’s treasury and it was handled quietly,
whereas a hungry man who takes a piece of yam from a farm was
brought before the criminal justice system in the state , i.e. his hands and
legs were amputated. Members of minority groups may be treated more
harshly than those who are from the majority. Power and conflict may
explain these differences.

SELF – ASSESSMENT EXERCISE

What are the key issues in the explanation of conflict theory?

3.2 Background of the Modern Conflict Approach

The works of Karl Marx, along with those of Friedrich Engels have had
a significant impact on the thinking and policies of the modern world.
Many scholars today originated modern criminology conflict
perspectives from the social and economic upheavals of the 1960s,
including the racial conflicts and the civil rights movement. Marx and
Engels ideas, from the mid-nineteenth century have form the basis for
modern conflict theory.

83
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

In the conflict theory of Marx and Engels, they viewed the implications
of understanding criminal behavior from the social – structural vantage.
They believed that crime is viewed in terms of the social structure. The
social-structure is characterised by social-class conflict, which is the
important by-product of capitalism. The scholars argued that those who
have private ownership of property create social structural vantage in
some members of the society. Those who owe this means of production
exploit those who do not have. Those that do not have turn to crime as a
result of poverty. Marx and Engels therefore believe that capitalism is
the major determinant of crime. They also argued that it is the causative
element in all social, political, religious, ethical, psychological, and
material life. The Marxists narrowly define the nature of social conflict
as residing in the competition between classes over scarce resources; as
well as in the inequality of the distribution of resources. The class
conflict between these two groups also produces the lumpen-proletariat
which is the direct conditions for juvenile delinquency. The lumpen-
proletariat is a “dangerous group”, a parasitic class living off productive
labour by theft, extortion and beggary. The groups also produce
“services” such as prostitution and gambling (Reid, 2006).

SELF – ASSESSMENT EXERCISE

What is the cause of social-class conflict?

3.3 Culture and Group Conflict

The culture conflict concept is reflected in the works of sociologist

Thorsten Sellin in his book, “culture and conflict in crime”, (1938). He
argues that crime and delinquency is as a result of conflicting norms.
He focuses his attention on the relationship between normative systems
of groups and delinquency. He observes that every person has the right
(normal) and wrong (abnormal) way of acting in every specific situation.
These conduct norms are defined by the groups to which individuals
belong. In any process of social differentiation, these norms clash with
other norms. Here, the culture conflict becomes the inevitable result of
the conflict between the conduct norms (Regoli and Hewitt, 1991).

He distinguish between criminal norms (those found in the criminal law)

and conducts or group norms (those norms specific to localised groups
which may or may not be consistent with the crime norms).Criminal
norms contained in the criminal law reflect rules or norms that prohibit
specific conduct and provide punishments for violations. Conduct
norms, on the other hand, reflect the values, expectations, and actual
behaviours of a group in everyday life. Conduct norms can be very
specific to particular groups. Conduct norms may be shared by many
diverse groups. They may also come into conflict with each other.

84
CSS 211 MODULE 3

Nevertheless, conduct norms are not found in the criminal law. In fact,
they are in direct conflict with the conduct norms.

Sellin believes that as societies become more heterogeneous and

complex, conflict will naturally arise between the conduct norms of the
groups and the crime norms reflected in the criminal law. Sellin
observes that delinquency rates will be higher in communities that are
more heterogeneous (Urban societies with large numbers of groups) and
lower in areas of greater homogeneity (sub urban areas with few ethnic,
racial, or class differences).

SELF-ASSESSMENT EXERCISE

What is the difference between crime norms and conduct norms?

3.4 Power and Conflict

The power and conflict concept is highlighted in the works of Austin

Turk, in his book, Criminality and Legal Order (1969). He views
society as organised into weak and powerful groups. Here, the powerful
dictates the norms that are proper for all and establish sanctions. The
sanctions are imposed on the weak groups who violate the norms. By
power, Turk means the ability to secure compliance from an unwilling
person. He suggests that the persons likely to be labeled criminal are
least powerful groups in the society because of their law violation. For
Turk, criminality is essentially a status that is conferred or ascribed by
persons in authority to individuals who engage in a particular set of
behaviours. He adds, ‘No one is intrinsically criminal’. Criminality is a
definition applied by individuals with the power to do so. Turk’s
position is based on the social structure. He sees the structure of the
social institutions as the relevant ingredients to the labeling process. He
therefore cautions on the conditions under which cultural and social
differences between authorities and subject may probably result in
conflict. Turk emphasises that criminologists must study the difference
between the status and roles of legal authorities and subjects. He argues
that these two roles are differentiated in all societies and that authority-
subject relationships are accepted because it is felt that they are
necessary for the preservation of a social order that permits individuals
to co-exist (Reid, 2006).

Furthermore, those in power have some control over the goods and
services that might be available to others. That control is exercised
through the use of power. According to Turk, the likelihood of conflict
is affected by the degree of organisation and level of sophistication of
both authorities and subjects. The term ‘sophistication’ means having
the knowledge of patterns in the behaviour of others which is used in

85
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

attempts to manipulate them. The Conflicts between authorities and

subjects are most likely to occur when subjects are highly organised but
relatively unsophisticated. On the other hand, when subjects are
unorganised but sophisticated, conflict is least likely to occur .This
practice was targeted by the late Libyan leader Muammar Gaddafi in
1969, when he created Revolutionary committees in-order to keep tight
control over internal dissents. Surveillance became the order of the day
in his government, in factories, and in the educational sector. People
who form political parties were executed, and talking about politics with
foreigners is punishable by three years in prison. Dissent was illegal
under the Libyan Law 75 of 1973 .This denies freedom of expression to
all citizens. Gaddafi eventually had a disgraceful death on the 20th of
September, 2011 (Maxona, 2011).

SELF-ASSESSMENT EXERCISE

What are the causes of conflict between the authority and the subjects?

4.0 CONCLUSION

The objective contrast between the functional and the conflict

perspectives of delinquency has been explained. You also learnt the
views of Emile Durkheim and that of the Marxists. (2) That the Marxists
believed that the social- structure is the basis of delinquency. We
examined the views of Thorsten Sellin and Austin Turk’s power and
conflict.

5.0 SUMMARY

In this unit, we have learnt that conflict explanations of juvenile

delinquency assumed that social order is maintained through the use of
force. Sellin and Turk argued that conflict is normal in societies
characterised by diverse groups with different values. The Marxists
focused on the political economy as the basis of social class structure.
Turk looked on the relationship between the Authority and the subjects
as the source of conflict in the society.

6.0 TUTOR – MARKED ASSIGNMENT

Evaluate Sellin’s contributions to our understanding of conflict Theory.

What is Austin Turk’s position regarding conflict and criminality.

86
CSS 211 MODULE 3

7.0 REFERENCES/FURTHER READING

Bonger, W. (1916).Criminality and Economic Conditions.

Boston:Brown.
Carrabine, E. et al. (2004). Criminology- A Sociological Introduction.
London: Routledge.

Conklin, E. J. (2007). Criminology. (9th ed.). London: Pears.

Reid, S. (2006). Crime and Criminology. (11th ed.). Boston: McGraw

Hill.

Regoli, R. M. & John, D. H. (1991). Delinquency in Society- A Child

Centred Approach. New York: McGraw – Hill.

Sellin, T. (1938). “Culture Conflict and Crime. New York: Social

Science Research Council.

Taylor, I., & Walton, P.J.(1973). The New Criminology. London: Wiley.

Taylor, I. Walton, P. & Young, J. (1975). Critical Criminology. London:

Wiley.

Turk, A.T. (1982). “Political Criminology- The Defiance and Defence of

Authority”.

Hall-Williams, J. E. (1982). Criminology and Criminal Justice. London:

Butterworths.

Maxona Magazine, Publication of Maxibit Plus, Ibafo, Ogun State,

2011.

87
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

UNIT 4 FUNCTIONALIST VIEW: ANOMIE THEORY

CONTENTS

1.0 Introduction
2.0 Objectives
3.0 Main Content
3.1 Anomie theory
4.0 Conclusion
5.0 Summary
6.0 Tutor – Marked Assignment
7.0 References/Further Reading

1.0 INTRODUCTION

We shall examine the functionalist view of Anomie theory, the views of

Robert Merton and the individual modes to criminality. We shall also
look at the works of Cloward and Ohlin’s delinquency and opportunity;
Emile Durkheim’s division of labour in society and Cohen’s delinquent
subcultures.

2.0 OBJECTIVES

At the end of this unit, you should be able to:

• define anomie
• recall the works of Merton and the modes of individual
adaptation to delinquency
• discuss the views of Cloward and Ohlin, Emile Durkheim and
Cohen towards delinquency.

3.0 MAIN CONTENT

3.1 Anomie Theory

The anomie theories were based upon field research by sociological

intellectuals such as Robert Merton, Emile Durkheim, Albert Cohen,
and Richard Cloward and Lloyd Ohlin. The concept of Anomie as a
form of sociological interpretation of Crime and Delinquency is linked
to the French sociologist, Emile Durkheim (1858 – 1917). He awarded
three different meanings to anomie or normlessness:

i. In his first definition of anomie he said that it is a failure of the

people to internalise the norms of the society.

88
CSS 211 MODULE 3

ii. The second meaning attached to anomie is that, it is an inability

of the delinquent to adjust to the changing norms of the society.
iii. Finally, Durkheim defined anomie as the tension resulting from
conflict within the norms themselves. We shall explain the views
of these intellectuals in detail.

A. Concept of Anomie

Robert K. Merton (1910 – 2003), Harvard Sociologist, went one step

further to popularize the concept. In one of the most cited discussions of
the twentieth century, the Merton’s social structure and Anomie (1938);
Merton explains crime on the basis of structural strain or frustration as a
result of person’s position in the social structure, especially the
stratification system. He noted that the American society places
enormous emphasis on the pursuit of material success. He observed that
human beings have a natural tendency to observe norms which are
reflected by personalities called conscience. Yet, some people often act
against their conscience because of the terrible strain upon them. He
distinguishes between a social structure (which provided economic roots
to success) and a culture (which provided norms, value and goals).
“Anomie theory portrays a deviant as a person torn between guilt and
desire, with desire gaining the upper hand” (Stark, 1987). The index of
success in the society is material possession. In stable societies, Merton
noted that the conventional successes are achieved through talent and
hard work. But in unstable societies, what is important is not the
prescribed legitimate means but the goals. In the latter society, there is
the proclamation of equal opportunity for everybody but in reality the
opportunity is a mirage.

Merton pointed out that when a society is in a state of anomie, several

reactions, or modes of adaptation”, are possible besides innovation.
There are conformity, ritualism, retreatism, and rebellion. Each of these
modes of adjustment represents a way of coping with a balance or
imbalance of goals and means. According to Merton, the five major
modes of adaptation create a state of anomie. In the table below the plus
(+) signifies “acceptance”, a minus (-) indicates “rejection” and the
combination sign of plus and minus (+) indicate “rejection and
substitution of new goals and means” (Carrabine, 2004).

These modes of adaptation are discussed below.

89
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

Table 1 Merton’s Models of Individual Adaptation to Anomie

Mode of Culture Goals Institutionalised
Adaptation Means
Conformity + +
Innovation + -
Ritualism - +
Retreatism - -
Rebellion + +

These modes of adaptation shall be discussed in details.

i. Conformity

Conformity refers to the acceptance of a society’s goals and the

approved means for achieving the goals. That is, it is an act of living a
conventional life involving acceptance of culture/ goals and culture/
means. It accomplishes the true way of success to gain wealth and
prestige through hard work and talent.

ii. Innovation

Innovation represents acceptance of the goals but rejection of the means

for obtaining them. For instance, an individual who seek wealth through
crime – say, by dealing in cocaine. Merton called this type of behavior
– innovation. It is an attempt to achieve a culturally approved goal
(wealth) by unconventional means (crime). They believed that hard
work, honesty, saving, investment and education cannot give them the
ultimate goal, rather through cheats. They make money illegally. The
deviant behaviours exist in form of burglaries, robberies, drug,
trafficking, prostitution, and other types of crime.

iii. Ritualism

Ritualism refers to a rejection of the goals but acceptance of the means.

In Merton’s scheme of things, it is the means-goal gap. Seeing that the
goal of material success was very hard, people abandon it. They resolve
the strain of limited success by abandoning cultural goals in favour of
almost compulsive efforts to live respectably. In essence, they embrace
the rules to the point that they lose sight of their larger goals. They
believed that “a good name is greater than silver and gold”. They are
honest people.

iv. Retreatism

Retreatism refers to the rejection of both the goals and means. That is,
the rejection of the cultural goal of material success and access to the

90
CSS 211 MODULE 3

approved means. They may adopt an alternative lifestyle as a vagrant,

pursue altered states of consciousness. Retreatism entails removing
oneself from a reality that just does not seem workable. In effect, they
are “dropouts”. They include alcoholics, drug addicts, and “Area –
boys”. They don’t believe in hard work, honest, investment and
education, even in seeking wealth.

v. Rebellion

Rebellion rejects the goals and means of the present society and attempt
to establish a new social order. In contrast to retreatism, Merton termed
rebellion as the rejection of both the cultural definition of success and
the normative means of achieving it. People therefore invented a new
cultural goals and new means of achieving the desires. That is,
advocating a radical alternative to the existing social order. There are
people who dedicate their lives to revolutionary organisations or
transformative social movements, substituting new cultural goals and
new means of adaptation, Reid (2006).

SELF – ASSESSMENT EXERCISE

List and explain the Merton’s five modes of individual adaptation to

Anomie.

B. Delinquency and Opportunity Theory

Richard Cloward and Lloyd Ohlin “Delinquency and Opportunity”

(1960), argued that there is greater pressure towards criminality on the
working classes because they have less opportunity to ‘succeed’ by
legitimate means. Cloward and Ohlin identified three sub-cultures in
opportunity structures. There are (i) criminal subculture (ii) conflict
subculture and (iii) retreat/escapist sub-culture.

i. The criminal subculture as where criminal youths (delinquencies)

are closely connected to the adult criminals. The criminal youth
is at the top hierarchy, where there is a development in alternative
means to financial success.
ii. The conflict sub-culture is a very unstable area, where the
offenders seek to resolve their frustrations and problems through
violence.
iii. The retreat or escapist sub-culture is neither a criminal subculture
nor conflict subculture. They are retreatists who turn to drugs,
drink, sex and other forms of withdrawal from the wider social
order.

91
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

Cloward and Ohlin argued that crime and delinquency can represent
conformity. In modern society, there are a range of sub-groups with their
own subcultures that include norms, values and attitudes that differ from
and conflict with those of the rest of the society. Conformity within
such sub-groups will involve some form of deviance from conflict with
the wider society (Wolfang, 1968).

SELF – ASSESSMENT EXERCISE

What are the views of Cloward and Ohlin regarding criminal

behaviours?

C. Emile Durkheim Perspective

According to Durkheim crime has positive or functional consequences

in the society. Crime helps prepare society for charges, so crime is
normal. No society can be exempted from crime. Durkheim saw crime
as a product of norms.

In his book–the Division of Labour in Society (1893), Durkheim

introduced the concept of Anomie derived from Greek word meaning
“without norms”. He believed that one of the society’s most important
elements is its social cohesion or social solidarity. The social cohesion
represents a collective conscience. Durkheim identified two types of
solidarity: (i) mechanical and (ii) organic.

According to Durkheim mechanical social solidarity is characterised by

primitive societies. The type of law is dominated by collective
conscience. But the societies become complex, the emphasis shifted
from collective conscience to individual wrongs. The law becomes
restitutive. The idea of restitutive in organic solidarity is to punish the
offender for what he has done to another person. This is because there
are separations between persons, sense of feeling isolated, and self –
identify in organic society. It is under the conditions of anomie that
crime and delinquency flourishes Reid (2006).

To him, crime and delinquency is as a result of a necessary consequence

of the existence of a collectively supported morality. Crime can be seen
as a necessary part of every social order because any social order needs
a collectively supported morality. He uses laws as an indicator of moral
norms. He divided laws into (i) criminal and (ii) civil/administrative
laws. Durkheim said that a violation of criminal laws constitutes a
violation of the collective conscience. It is understood that a person who
violates a society’s law invites society’s anger and must be disciplined.
Durkheim asserts that “an action does not shock the common conscience
because it is criminal; rather it is criminal because it shocks the common

92
CSS 211 MODULE 3

conscience. We do not reprove it as a crime, but it is crime that is why

we reprove it” (Carrabine, 2004).

The civil/administrative laws represent a lesser expression of collective

conscience in view of the nature of the consequences that flow from
them. A violation of criminal law calls for punishment, but a violation
of a civil law requires compensation of the victim by the offender. For
example, if a person fails to pay a debt, he is called upon to pay it, and
may be required to compensate his creditor. Criminal laws call for
retribution whereas civil laws seek to restore parties to their status quo
ante.

SELF – ASSESSMENT EXERCISE

Explain the views of Emile Durkheim in his book, The Division of

Labour in Society (1893).

D. Delinquent and Subcultures

Cohen studied delinquent boys and delinquent subcultures. He focused

on young males who lived in economically disadvantaged environment
but who were judged by the standards of the more affluent population.
To Cohen’s language, he referred to it as the “lower – class boy and the
middle – class measuring rod”. He claims that the lower – class parents
are not able to socialize their children as effectively as middle – class
parents in what is considered appropriate middle – class behavior. In
schools, teachers use the middle – class measuring rod to judge all
children. The lower-class children fall below the status ladder. Low
status causes frustration. Frustrated children gather together to share
their common problems, forming a subculture. In the subculture,
middle-class values are rejected because they are source of failure. The
children therefore develop a new code rewarding the opposite behavior,
a process Cohen calls reaction formation. Cohen created a “status
frustration” as the explanation for delinquency, the subculture is called a
“gang” and the children are called “delinquents” (Reid, 2006).

Cohen makes four assumptions about delinquency:

1. Many lower – class youths do poorly in school.

2. Academic performance is linked to delinquent behavior.
3. Poor school performance results from the child’s inability or
unwillingness to fare well on the middle – class measuring rod.
4. Lower – class make delinquency synonymous with gang
delinquency.

93
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

SELF – ASSESSMENT EXERCISE

According to Cohen, what are the main characteristics of delinquents?

4.0 CONCLUSION

From this unit, students should be able to know the Merton’s

individual’s mode of adaptation as sources of conformity and service.
Cloward and Ohlin’s criminality pressure on the working class;
Durkheim’s view on division of labour in the society and Cohen’s lower
– class boy with the middle – class measurement.

5.0 SUMMARY

In this unit, we studied about the Merton’s legitimate and

institutionalised means to success. The Cloward and Ohlin retreatist
subcultures examined where boys achieve wealth by joining the criminal
subculture and Cohen lower-class youths who create their own values
due to status – frustration.

6.0 TUTOR – MARKED ASSIGNMENT

1. According to Merton, what are the causes of delinquency?

2. What is the importance of the “middle – class measuring rod” in
Cohen’s theory of delinquency?

7.0 REFERENCES/FURTHER READING

Aichhorn, A. (1964). Psychoanalytical Approach to Delinquency.

London: Prentice.

Aichhorn, A. (1954). A Primer of Freudian Psychology. London:

Prentice.

Aichhorn, A. (1925). Wayward Youth. London: Prentice.

Carrabine, E. et al. (2004). Criminology- A Sociological Introduction.

London: Routledge.

94
CSS 211 MODULE 3

UNIT 5 INTERACTIONIST AND SOCIAL REACTION

PERSPECTIVE: LABELING THEORY

CONTENTS

1.0 Introduction
2.0 Objectives
3.0 Main Content
3.1 Labeling Theory
4.0 Conclusion
5.0 Summary
6.0 Tutor – Marked Assignment
7.0 References/Further Reading

1.0 INTRODUCTION

In this unit, we would examine the meaning of labelling. We will be

exposed to the two perspectives of labelling i.e. the interactionist and the
social reaction. Finally, we would give in details the scholarlistic
approaches of Frank Tannenbaum, George Mead, Howard Becker and
John Braithwaite.

2.0 OBJECTIVES

At the end of this unit, you should be able to:

• define labelling
• list the various aspects of labeling
• identify the Mead’s concept of interactionalism, Becker’s
‘outsider concept’ and Braithwaite’s ‘shaming’
• describe criminal behaviours.

3.0 MAIN CONTENT

3.1 Labeling Theory

Labeling theory became a dominant sociological theory of crime in the

late 1960s and 1970s. The labeling theory highlights social reaction. It
turns its focus on societal reactions to crime. Societal reactions could
range from the informal responses of public opinion or the mass media
to the more formal responses of police, courts and prisons (Carrabine, et
al, 2004).

Definitely, a criminologist concerns himself with explanations of

criminal behaviour; the causes of the behaviour; why do people commit

95
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

crimes and what to do in order to prevent future criminal acts. But in

contrast, labeling theory asks why the person was designated a criminal.
The key issue is not the behaviour itself but why the behaviour is labeled
deviant. Nevertheless, not all who engage in certain kinds of behavior
are labeled deviant, but some are.

A criminal behavior is explained according to the responses of others

rather than the characteristics of the offender. The appropriate subject-
matter to label a person as criminal is the audience, and not the
individual. The significant thing is the existence of the behavior and not
why it occurred. Only the audience’s response determines whether that
behavior is defined as criminal. The labeling perspective uses a social-
structure approach. It is primarily a social process theory because it
attempts to explain labeling as a process by which some people who
commit deviant acts come to be known as criminals whereas others do
not.

The labeling theory is not limited in the explanation of delinquency. It

is also applied to other types of deviance, such as alcoholism, drug
abuse, mental disorder and suicide. There are two types of perspectives
in labeling theory.

(a) The interactionist perspective and

(b) The social reaction perspective.

The interactionist perspective focuses on self – identification. That is, it

is that which is concerned with what is in the minds of the deviants
themselves. It was developed by Frank Tannenbaum, George Herbert
Mead, Charles Cooley, Erving Goffman and Edwin Lemert. The social
reaction perspective focuses on the identity of individuals as assigned by
others. The subject-matter of the explanation is focused on what is in the
minds of others; usually social control agents. This perspective is
developed by Howard Becker and John Braithwaite.

SELF – ASSESSMENT EXERCISE

Discuss the two perspectives of labeling.

The Interactionist Perspectives

The interactionist perspective represents the earliest attempt to explain

the process of becoming delinquent. Before this time, delinquency was
looked as caused by a force beyond the control of the delinquents. But
with the emergence of this perspective, criminal behavior is seen as a
process where delinquents actively learn to break the rules through
association with others. The foundations of interactionist approach were

96
CSS 211 MODULE 3

Erving Goffman, George H. Mead and Charles H. Cooley. Their works

on symbolic interactionism had a major influence in the sociological
thought of deviance.

They made essential contributions to the micro-level social processes of

self – concept, socialisation and small-scale social interaction. Before
this time, deviance was looked as caused by macro orientation (i.e.
viewed the social person as secondary to social structure). According to
Mead and Cooley, society is possible because of communication
involving shared symbols; society, in fact, is a series of symbolic
interactions. New members are socialised by learning the meaning of
commonly shared symbols. They learn language, customs, roles and
norms through interaction with others. It is through socialisation and
symbolic interaction that the self is developed.

For Mead, socialisation is complete when the subjective self (the ‘I’) is
complemented with an objective self (the “me”). The ‘me’ represents an
internalised, ‘generalised others’ that served as the forces for social rules
and roles. Mead and Cooley’s fundamental concepts form the
foundation of interactionist approach in deviance or criminal behavior
(Heitzeg, 1996).

SELF – ASSESSMENT EXERCISE

What do you understand by interactionist perspective?

The ‘Self-Fulfilling Prophecy Concept’ of Interaction: In the twentieth

century, the self-fulfilling prophecy concept of the interactionist
perspective was the origins of the labeling theory attributed to Frank
Tannenbaum in his classic study of crime and the community (1938).
The theory has a number of roots on the idea of W.I. Thomas that “when
people define situations as real they become real in their consequences”.
This is sometimes also known as the “self-fulfilling prophecy”. The
elementary understanding is captured in a popular phrase such as “give a
dog a bad name”. (I.e. when a person already has a bad reputation, it is
difficult to change it because others will continue to blame or suspect
him).

Tannenbaum argued that the process of making a criminal, therefore, is

a process of tagging, defining, identifying, segregating, describing,
emphasising, making a conscious and self – conscious; it becomes a way
of stimulating and evoking the very traits that are complained of. The
person becomes the thing he is described as being.

According to Tannenbaum, he sees delinquent as well adjusted people.

Delinquent behaviour is behaviour so labeled by adults in a community.

97
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

This is because the adults have more power than the children. To this
effect, they were able to label the children ‘delinquent’. Once children
are labeled delinquent, they become delinquent. Tannenbaum stressed
the importance of the meanings, definitions of the situations, and
attitudes. He believes that when conflict between the gang and the
community breaks out, both sides resort to name – calling. The adults
call the youth’s activity delinquent. Calling a child a delinquent makes it
likely that he will accept the description and lives up to it. The child’s
attitudes become harden. According to Tannenbaum, name – calling
and stereotyping lead a child to isolate himself from the rest of the
community. This makes it possible for the child to associate with other
youths who have been tagged with the same label. These youths stick
together and function as a group of gang (Regoli & Hewitt, 1991).

SELF – ASSESSMENT EXERCISE

What is the Tannenbaum’s concept of identifying an offender?

The Social Reaction Perspectives (‘the Outsiders’): The basic premise of

the social reaction perspective in labelling theory is clearly explained by
Becker in his influential book ‘outsiders’: studies in the sociology of
Deviance (1963). He began by attacking other social scientists. He
opined that their researches were based on the general public question
about deviants – namely, “why do they do it”. But to Becker, attention
in research and theory building should be: who applied the label of
deviant to whom? What consequences did the application of a label
have for the person so labeled? Under what circumstances is the label of
a deviant successfully applied?

A 1963 statement by Howard Becker describes the labeling concept as

follows:

Social groups create deviance by making rules whose

infractions constitute deviance, and by applying those
rules to particular people and labeling them as
outsiders. From this point of view, deviance is not a
quality of the act a person commits, but rather a
consequence of the application by others of rules and
sanctions to an “offender”. The deviant is one to whom
the label has successfully been applied; deviant
behavior is behavior that people so label.

According to Becker, deviants are not a homogeneous group. Some

who are labeled deviant have actually not broken any rules. They are
the “falsely accused”. Others have broken rules but have never been
caught or officially labeled. These are the “secret deviants”. That is, if

98
CSS 211 MODULE 3

the rule violation is undetected, no label will be attributed to the

violator, and therefore should not be qualified as a deviant. For
example, an individual who violated the payment of income tax and
defraud the government but was not detected could not be referred to
and declared as a criminal. If the act is violated and detected, it
becomes defined as a criminal behaviour.

Therefore, Becker focused on how people acquire their labels. He

argued that whether an activity is deviant depends on how other people
react to it, not on the nature of the activity itself (Reid, 2006).

SELF – ASSESSMENT EXERCISE

What is the subject-matter of Becker’s concept of ‘outsiders’?

a. The Shaming Concept

Braithwaite’s shaming concept of the Social Reaction Perspective is the

recent refined of the labeling theory. On his attempt to revitalize the
theory, he argued that labeling must be examined in the context of the
total social structure. The social structure might cause some to abandon
criminal activity, while it might cause others to continue. Braithwaite
uses the key word – shaming, to attribute to delinquency. Shaming is
defined as a social disapproval that has the “intention or effect of
invoking remorse in the person being shamed or condemned by others
who become aware of the shaming.

According to Braithwaite, shaming may go further to stigmatise the

person labeled. This is the process he referred to as stigmatisation or
disintegrative shaming. The disintegrative shaming propelled the
individual into delinquent or criminal behaviour. Disintegrative
shaming does not involve any attempt to reintegrate the shamed person
into society. It stands in contrast to reintegrative shaming. The
reintegrative shaming is an attempt at reintegration of the offender into
the community through words or gestures of forgiveness or ceremonies
to correct the offender as deviant. It helps to reduce the negative effect
of shaming. It also helps to reduce the chances that the shamed person
will continue in crime (Reid, 2006).

SELF – ASSESSMENT EXERCISE

What do you understand by the concept of shaming?

99
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

4.0 CONCLUSION

From this unit, the students should be able to know that labelling theory
is an underdog explanation of juvenile delinquency. They will be able
to acknowledge the Frank Tannenbaum tagging of delinquent, the
Mead’s interactionism perspective and the social reaction perspective of
labelling.

5.0 SUMMARY

In this unit, we explained the interactionist and social reaction

perspectives of labelling theory. It begins with George Mead’s process
of becoming delinquent through socialisation. Frank Tannenbaum
stresses the dramatisation of delinquent while Howard Becker looked
delinquency as an aspect of labeling and John Braithwaite examined the
concept of shaming theory as an aspect of a refinement in labelling
theory.

6.0 TUTOR – MARKED ASSIGNMENT

According to labeling theory, how does the concept of interactionist

perspective help us to understand delinquent behaviour?

7.0 REFERENCES/FURTHER READING

Becker, H.S. (1963). Outsider- Studies in the Sociology of Deviance.

New York: Free press.

Braithwaite, J. (1979). Inequality, Crime and Public policy. London:

Routledge and Kegan Paul.

Braithwaite, J. (1989). Crime, Shame and Reintegration. Oxford:

Oxford University Press.

Carrabine, E. et al. (2004). Criminology- A Sociological Introduction.

London: Routledge.

Heitzeg, N. (1996). Deviance- Rule Makers and Rule Breakers. New

York: West Publishing.

Regoli, M. R. & John, H. H. (1991). Delinquency in Society- A Child-

Centered Approach. New York: McGraw-Hill, Inc.

100
CSS 211 MODULE 3

Reid, S. (2006). Crime and Criminology. (11th ed.). Boston: McGraw

Hill.

Tannenbaum, F. (1938). Crime and Community. New York: Columbia

University Press.

Thornberry, T. P. (1997). Developmental Theories of Crime and

Delinquency. New Brunswick: Transaction Publishers.

101
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

MODULE 4 Law, Crime and Delinquency

Unit 1 The Concept of Law

Unit 2 Meaning of Criminal Law
Unit 3 Nigerian Criminal/Penal Code
Unit 4 Criminal Justice Administration in Nigeria
Unit 5 Punishment, Correction and Rehabilitation

UNIT 1 THE CONCEPT OF LAW

CONTENTS

1.0 Introduction
2.0 Objectives
3.0 Main Content
3.1 Concept of Law
3.1.1 Schools of Thought in Law
3.2 Classification of Law
4.0 Conclusion
5.0 Summary
6.0 Tutor – Marked Assignment
7.0 References/Further Reading

1.0 INTRODUCTION

The consequences of crime and delinquency in the society prompted

criminologists to initiate rules of action that will govern its members and
this is known as criminal justice system. Criminal justice, in its strictest
sense is the criminal procedures and array of activities which have to do
with the enforcement of the body of law. Criminal justice is a part of
social justice which has to do with the understanding of right and wrong.
Its general purpose is to prevent social misconduct or delinquency.

2.0 OBJECTIVES

At the end of this unit, you should be able to:

• analyse the concept of law

• explain the schools of thought in law
• list the classifications of law and perform the self – assessment
exercises.

100
CSS 211 MODULE 4

3.0 MAIN CONTENT

3.1 The Concept of Law

Every society tries to ensure an orderly way of life for each member. It
tries to adopt a set of rules to control and limit the action of individuals.
The nature of these rules however, differs greatly from one society to
another. Nevertheless, their general purpose is always the same, to keep
the people together and maintain co-operation.

But rules alone cannot guarantee co-operative behaviour. There must be

some ways to enforce them. In other words, the rules must be backed up
with the threat of penalties. In a state, the power to make and enforce,
i.e. to maintain order and security is always in the hands of central
authority (Douglas, et al, 1964).

Generally speaking, the concept of law depicts different meaning to

different people. For example, the physicist talks of the law of gravity
or Isaac Newton’s law of motion and the economist, the law of supply
and demand.

Law, in its generic sense, is a body of rules of action or conduct

prescribed by controlling authority and having a binding legal force.
According to Black’s law Dictionary, law is that which is laid down,
ordained, or established. In this very general sense, law could consist of
a culture’s moral code, the commandments of a religion, or the
regulation enacted by a political body to govern its members.

In Nigeria today, most citizens understands the concept of law to consist

of the federal, state or local enactments of legislative bodies. The
legislative power of the government in any given state is the power to
make laws. The federal level is consists of House of Senate and
Representative, while the state level is made up of the state house of
assemblies and local councilors. The legislative powers in Nigeria were
grouped under three headings: the exclusive list, the concurrent list and
the residual list. These are the powers which the national assembly
(house of senate and the representative) has in making laws in specific
areas. The national assembly has rights to make laws in Nigeria through
the exclusive legislative list. For example is the legislation on the
creation of states, on custom and excise duties, currency, police,
immigration, etc. the concurrent list is the legislative power of making
laws which falls under both the national assembly and the statehouse of
assembly while the residual list is reserved only for the local
government councilors,(1999 Nigeria Constitution).

101
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

In making laws, lawmakers distinguish between two kinds of rules. The

first is religious and moral values, and the second is rules created by
government to protect individuals and promote social welfare. Some
people believed that some actions may be immoral, even though they are
not illegal. In addition, people generally believe that they should be able
to live according to their religious principles, go long as their actions do
not violate the law. The citizens also disagree about what behaviour that
should be regulated by the government. For example, in November
2011, the National Assembly brought a bill to legislate same – sex (gay
or homosexual) marriage in Nigeria. Some people believe that gay
should be considered abomination and thus should be prohibited by law;
others hold that decisions about homosexual should be made on personal
religious or moral grounds, without government interference. (Garland,
2006).

3.2 Schools of Thought in Law

To establish the intricate nature of law, we shall examine here general

terms under the major schools of thought. They are:

i. The nature of law

ii. The historical school
iii. The positivist school
iv. The sociological or functionalist school and
v. The realist school

i. The natural law school of thought

The central purpose of the natural law is that it has a divine or

supernatural origin. It states that the validity of human laws must
conform to certain objectives of moral obligations based on the nature of
man and the dictates of reason. It has a line of thinking based on the
interplay of spiritual forces in the physical organisation of human
societies.

This school of thought emanated from the classical works of early Greek
philosophers such as Aristotle, Plato and Christian theologians.
Aristotle makes clear distinctions between the human laws and natural
laws. The human laws vary in forms and in their respective historical
experiences while natural law is by nature found in all states and appear
to be designed for all mankind. He argued that human laws are
subordinate to natural laws. The human laws can stand or fall according
to the dictate of natural laws.

The stoic philosophers argued than man should live according to nature
and reason. Man should be ordained to live according to a definite

102
CSS 211 MODULE 4

manner which is ascertained by reason and common sense; just as the

sun is ordained to rise from the East. This school implies that harsh and
repulsive legislation which conflict with the ideal moral principles as
dictated by reasons are considered invalid. In the other way, such
legislation cannot be relied upon to justify any action considered to be in
breach of natural law. Natural law thinking has been widely used in
international law, the introduction of fundamental (natural) rights and
the rules of natural justice.

ii. The Historical School

The historical school is an offshoot of the Hegelian philosophy. It is

based on the organic growth of the state which is nurtured by historical
forces. Historical school argued that law is an outgrowth from the
history of the society rather than an artificial factor. This makes it to
share the same idea of the natural law school. Law, according to this
perspective, is developed organically from the spirit of the people, just
like language and culture. This concept is in support of the pre-eminent
position of customary laws, which, more than any other laws have
grown from the instinctive sense of rightness of the native communities.
One important characteristics of this theory is it’s emphasising on the
socio-cultural relationship in which it develops. It accounts for the
popular consciousness and traditional values of the society from which it
is derived.

iii. The Positivist School

The positivist school is opposed to the natural and historical schools. It

denies the upward growth of law from the society. The positivist school
is an offshoot of the empirical philosophy. The positivists distinguished
between physical laws and normative laws. The physical laws are tested
scientifically while the normative laws are not. The normative is said to
be the human laws. This is because it lay down rules of conduct that are
always obeyed. It derives its value from the habitual compliance by the
generality of the society.

The positivists believed in the scientific observations rather than

metaphysical myths. They drew a distinction between laws as it is and
laws, as it ought to be. The law, as it is, is the formal characteristics of
laws which fell within the province of jurisprudence, while the law, as it
ought to be is a content reserved for the moralists.

The scholars in this proposition were Bodin, Hobbes, Bentham and John
Austin. But the John Austin’s positivitism is hinged on the command
structure perspective. Austin believed that law is the command of a
political sovereign to a political inferior, which is backed by sanction

103
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

upon disobedience. This idea of command is in order emanating from a

political or determinate human superior who has the effective ability to
punish an inferior.

iv. The Sociological or Functional School

This concept came in a period when man use scientific factors to study
his society through the essence of the law. Law was viewed as a means
of ordering society by regulating conflicting interests. According to
Radolf Von Jhering, the lawyer should not be contended with law as a
set of abstract norms but should endeavour to study the sociological
basis and implications of such laws in order to check the inherent
conflict of claims and interests (Asein, 1998).

Furthermore, Dean Roscoe pound reiterated that there should be a need

for the use of the sociological approach to the study of law in modern
times. He argued that the basis of understanding a phenomenon is to
examine its functions. He expresses his thought that jurists should study
the actual social effects of legal institutions and to ensure that the legal
rules are effective in meeting the aims for which they are established.
This will help to understand the underlying social factors of many laws
and its aim to defeat any abnormal administration.

v. The Realist School

The Realist School sees law as an expression of the state through the
court. The courts occupy the position of the sovereign. According to
Oliver W. Holmes (2005), we should not look into the statute books
rather we should look up to the courts. That is, we should identify of
what purpose, what constitutes a court. In addition, he places more
emphasis on law for its action rather than what the statute books convey.
This line of thinking no doubts helps to situate the overbearing role of
courts and the influence of officials in the final outcome of any legal
dispute (Asein, 1998).

SELF – ASSESSMENT EXERCISE

Outline the schools of thought in law.

3.3 Classification of Law

It is observed that there is no single universal classification of law.

There are many classes of law. But the major ones are as follows:

1. Private law and public law

2. Civil law and criminal law

104
CSS 211 MODULE 4

3. Common law
4. Municipal law and international law
5. Substantive law and procedural law and
6. Customary law and non – customary law (Asein, 1998).

1. Private law regulates the conduct of person in their interpersonal

dealings, rights and obligations. It includes the law of contract,
property law, tort, family law and succession, commercial law,
equity and trust, etc. Public law on the other hand, is concerned
with the smooth running of the machinery of the state. It includes
the constitutional law, administrative law, criminal law, revenue
law, etc.
2. Civil law is concerned with the competing private interests and
obligations in our written or judge – made laws. The party
bringing the action is called the plaintiff while the adverse party
is the defendant (or respondent as the case may be). Conversely,
criminal law is the enforcement of rules of conduct, usually
statutory, the infringement of which will result in punishment.

Civil law and common law, common law is developed by English courts
from the common customs and practices in England. Common law is
concerned with the resolution of particular disputes and makes emphasis
on procedural rules rather than substantive laws.

3. Municipal law and international law are classified based on its

territorial limitations in law. The municipal law is the force
of law within a particular country while international law is
binding on states, regulating their mutual co-existence and
relationship. Its sources include international customary
practices, treaties, bilateral agreements and conventions.

In municipal law, individuals or jurist persons are the main subjects

while international law deals with the states. One may further
distinguish between public international law that is described above and
private international law or simply conflict of laws. While the former
deals with the relationship between the states, the latter treats the
conduct of persons in a particular state in relation to the laws or persons
of another state (in essence, a part of municipal law).

4. Substantive law defines the existence and extent of a right or

liability in a particular branch of law. The procedural law, on the
other hand, involves the rules by which an action may be brought
and disposed of. It prescribes the method for enforcement of
rights.
5. The customary law is involved with the indigenous or native
laws. It is treated as being repugnant to natural justice, equity

105
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

and good conscience. Non – customary law covers the English

law (comprising common law, the doctrines of equity and statutes
of general application), local statutes and rules of law derived
from judicial precedents (Asein, 1998).

SELF – ASSESSMENT EXERCISE

Distinguish between civil law and criminal law.

4.0 CONCLUSION

At the end of this unit, you should be able to describe the concept of
law; explain the schools of thought in law; examine the classifications of
law and perform the self – assessment exercises.

5.0 SUMMARY

We have been able to discuss what constitute law. Law was a control
system because humankind has sought to minimise turmoil and chaos by
the imposition of some set of rules by which we live. We have also
looked at the different school of thoughts to law and finally the
classification of law.

6.0 TUTOR-MARKED ASSIGNMENT

Distinguish between private and public laws.

7.0 REFERENCES/FURTHER READING

Asein, J. O. (1998). Introduction to Nigerian Legal System. Ibadan:

Sambookman Press.

Douglas, M. et al. (1964). Man in Society Patterns of Human

Organisation. London: Macdonald & Co. Publishers Ltd.

Garland, D. (2006). Concepts of Culture in the Sociology of Punishment

the Theoretical Criminology. Oxford: Oxford University Press.

Garland, D. (1990). Punishment and Modern Society. Oxford: Oxford

University Press.

106
CSS 211 MODULE 4

Holmes, O. W. (2005). The Common Law. New Jersey- the Law Book
Exchange”.

Siegel, L. J. & Joseph J. S. (2005). Introduction to Criminal Justice.

Australia: Thomson/Wadsworth.

1999 Constitution of the Federal Republic of Nigeria.

107
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

UNIT 2 MEANING OF CRIMINAL LAW

CONTENTS

1.0 Introduction
2.0 Objectives
3.0 Main Content
3.1 The Meaning of Criminal Law
3.2 Purposes of Criminal Law
3.3 Sources of Criminal Law
4.0 Conclusion
5.0 Summary
6.0 Tutor – Marked Assignment
7.0 References/Further Reading

1.0 INTRODUCTION

It is an established fact, that societies are aggregations of individuals

who have the collective instinct to survive and flourish. This degree of
structure makes it possible for criminal law in order to prohibit the
actions of people against interference to enjoyment of property and life.

2.0 OBJECTIVES

At the end of this unit, you should be able to:

• explain the meaning of criminal law

• identify the purpose of criminal law
• describe the sources of criminal law.

3.0 MAIN CONTENT

3.1 The Meaning of Criminal Law

The roots of the criminal codes can be traced back to the early legal
charters of Hammurabi (2000 B.C), Mosaic code (1200 B.C) and the
Roman Twelve tables (451 B.C). These codes were formulated by ten
noble Roman men. This was in response to the lower class complains in
the society against the arbitrary powers of the wealthy class in these
legal codes.

The system of the Roman law becomes the basis of the future criminal
legal classifications. This western world codification was made possible
by the Byzantine emperor Justinian’s great law code called corpus Juris
civilis, or body of civil law (Siegel & Senna, 2005).

108
CSS 211 MODULE 4

Criminal law is a body of rules that define crime. It sets out their
punishments, and mandates the procedures for carrying out the criminal
justice. That is, to be convicted of a crime, a person must violate the
criminal law. A crime is a social wrong or social evil. The crime is
punishable under the criminal law or statute. All states have criminal
code. The penal code is a collection of criminal statutes. There are
some relatively new developments in criminal justice, stemming from
the use of technology, such as High – technology crimes in electronic
communications.

According to Curzon (1997) criminal law is a branch of public law

which deals with the relationship between members of the public and
the state. That is, its spells out clearly the trial and punishment of
offenders, criminal law deals with criminal behaviour. It is a branch of
law, which lists the various criminal offences, identifying the elements
or ingredients which make up the offences, and specifying the
punishment for each group of offences accordingly. Major objective of
criminal law is the prevention and control of crime.

The criminal law consists of three basic ideas or fields:

1. The general principles of criminal liability

2. The definition of offences
3. Rules of evidence and criminal procedure.

1. The general principle of criminal liability explains on what basis

society considers a person liable or guilty. The criminal law is
based on the ethic of freewill that persons will be found
responsible only if they acted intentionally or, recklessly. They
may be considered innocent if they have defenses such as
insanity, intoxication, self-defence, or mistake of fact.

2. The definition of offences states the antisocial acts such as

murder, sexual assault, robbery, or theft. They are substantive
laws which define offences as well as the rights and duties of
citizens. They
prescribe and proscribe legal activities and stipulate penalties for
the violation of laws.

3. The rules of evidence and criminal procedure states how the

accused is declared by the fact-finder to be guilty. The trial is
carried out according to the rules of evidence and criminal
procedure. Criminal procedure is the law that defines how to
proceed with an alleged offender. The principal enactments of the
law are the criminal procedure Act (CPA) cap.43 LFN 1958
which operates in the southern states and the criminal procedure

109
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

code (CPC) Cap.30 1963 which operates in the northern part of

Nigeria. Other sources of criminal procedures are the 1999
Nigeria constitution, magistrate court laws ;the high court laws,
federal high court law1999;court of appeal Act 2002;supreme
court Act1985;children and young person’s law 1994;coroner’s
laws of the states; and police Act cap. 359, vol.20 LFN 1990.

SELF – ASSESSMENT EXERCISE

What is criminal law?

3.2 The Purposes of Criminal Law

It is incomplete to say that criminal law is to prevent and punish

criminal offenders. The criminal justice includes:

1. Deterrence

Some criminal punishments are designed to deter people. That is, to

stop, discourage or prevent a person from performing a certain act of
committing crimes. For example, once an individual understands that he
will be punished for a certain act; he will be deterred from committing
the act.

2. Rehabilitation

In theory, the benefits of criminal laws include the offering of education,

counseling, training and treatment. Rehabilitation is the process of
helping a person to attain or regain his potential as a citizen. It may take
the form of therapy or counseling.

3. Incapacitation

Another purpose for the punishment of offenders is incapacitation.

Incapacitation is the act of restraining a person from taking certain
actions. For example, if a person who is dangerous to the society is
placed in prison or jail, that person cannot injure members of the public.
The criminal is literally restrained or incapacitated from injuring others.
This restrain may take the form of extended incarceration or even death.

4. Retribution

Retribution takes place when society through criminal justice system,

takes revenge on the offender. It takes place through the criminal justice
system. Retribution means punishment for a crime. Victims of crime
must not seek their own retribution. For example, the eye for an eye and

110
CSS 211 MODULE 4

tooth for a tooth .This is what the criminal statute comes to serve
(Homes & Yvonne, 2006).

SELF – ASSESSMENT EXERCISE

Mention the four purposes of criminal law

3.3 Sources of the Criminal Law

There are three major sources of criminal law. They are:

1 Common law, Statutes and Case decisions

2 Administrative Rules and Regulations
3 Constitutional Laws

1. Common Law, Statutes and Case Decisions

The Common law crimes such as murder, rape etc were adopted into the
state codes. Common law is a body of law that was developed through
the courts. This form is the major source of the substantive criminal law
today. Again, statutes enacted by the states and federal legislators have
been built into these Common laws. The statute is a way in which the
criminal law is created, modified or expunged.

The statute deals with issues of morality such as gambling and sexual
activities as well as traditional and Common law crimes such as murder,
burglary and arson. In fact, they reflect the social conditions of the
environment.

Case laws and judicial decisions make a change and influence the law.
For example, a Statute may say that murder is an unlawful killing of a
man by another with malice. The court decision may explain the term
malice or examine whether man include a foetus.

2. Administrative Rule Making

The administrative agencies help to maintain conduct in the society.

These agencies make laws on taxation, health, environment, control
drugs, illegal gambling or pornographic materials. In Nigeria, we have
the Environmental Protection Agency (EPA), which has successfully
prosecuted a significant violation of some major environmental statute
such as the prosecution against the indiscriminate hazardous waste
dumping that resulted in serious injuries and death. Others are oil spills
that caused significant damage to waterways; international smuggling of
CFC (Chlorofluorocarbon) refrigerants that damage and increase skin
cancer risk and illegal handling of hazardous substances such as

111
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

pesticide and asbestos that exposes children and the poor to serious
illness.

3. Constitutional Law

In Nigeria, constitutional law must conform to the rules and dictates of

the constitution. Any criminal law that conflicts with the various
provisions and articles of the constitution will definitely be challenged
in the Appellate courts. The constitution makes it impossible for the
government to ex-post facto laws. The ex-post facto laws are actions
which the government may make a crime that was not a crime at the
time it was committed. The constitution also forbids legislative act that
inflicts punishment without a judicial trials.

In addition, criminal laws have been interpreted as violating

constitutional principles if they are vague to give clear meaning of their
intent. For example , a law forbidding adults to engage in immoral
behaviour could not be enforced because it does not use clear and
precise language or give adequate notice as to which conduct is
forbidden. The constitution also forbids laws that make a person’s status
a crime. For example, addictions to narcotics cannot be made a crime,
though laws can forbid the sale possession and manufacture of
dangerous drugs.

In general, the constitution has been interpreted to forbid any criminal

law that violates fairness and equality of a person’s right. This principle
is referred to as substantive due process (Siegel & Senna, 2005).

SELF – ASSESSMENT EXERCISE

Mention the sources of criminal law.

4.0 CONCLUSION

From this unit, students of criminology and security studies should be

able to understand the concepts of substantive criminal law as a criminal
code that defines crime and punishment. The purpose of the law is to
regulate behavior and maintain order in society.

5.0 SUMMARY

We have been able to discuss about the concept of substantive criminal

laws. We discussed about the term criminal law and its purpose to the
society. We also examined the sources of criminal law.

112
CSS 211 MODULE 4

6.0 TUTOR-MARKED ASSIGNMENT

What are the purposes of criminal law? To what extent does the criminal
law control behaviour in Nigeria?

7.0 REFERENCES/FURTHER READING

Asein, J. O. (1998). Introduction to Nigerian Legal System. Ibadan:

Sambookman Press.

Curzon,l.b. (1997). Criminal Law. (8th ed.). New York: MacDonald

&Evans.

Chukwunka, C.A.C (2009). Introduction to Criminology I. Lagos:

NOUN Press.

Reid, S. (2006). Crime and Criminology. (11th ed.). Boston: McGraw-

Hill.

Siegel, L. J. & Joseph, J. S. (2005). Introduction to Criminal Justice.

Australia: Thomson/Wadsworth.

Homes, J.B. & Yvonne, E. (2006). Introduction to Law. ( 3th ed.).New

Jersey: Pearson Prentice Hall.

Linden, R. (1996). Criminology- A Canadian Perspective. (3rd ed.).

Canada :Harcourt Brace & Company.

113
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

UNIT 3 NIGERIAN CRIMINAL/PENAL CODE

CONTENTS

1.0 Introduction
2.0 Objectives
3.0 Main Content
3.1 Nigerian Criminal/Penal Code
4.0 Conclusion
5.0 Summary
6.0 Tutor – Marked Assignment
7.0 References/Further Reading

1.0 INTRODUCTION

The development of the criminal code act of the Southern Nigeria and
the penal code act which operates in Northern Nigeria are some of the
numerous criminal procedures which originate from the international
and the continental or regional instruments to which Nigeria is a
member.

2.0 OBJECTIVES

At the end of this unit, you should be able to:

• identify the various international standards and continental

instruments of children’s rights
• explain the various offences and treatment of criminal offenders
under the Nigerian criminal and penal codes.

3.0 MAIN CONTENT

3.1 Nigerian Criminal/Penal Code

The international standards have been used as a benchmark for the

provision ideal laws for the protection of Children. This exists for the
benefits and protection of children under the criminal laws in Nigeria.
The provisions are established from the United Nations convention on
the rights of the Child, (UNCRC, 1989).

In the convention a child is anyone who is from 0 – 18 years. The

highlights of the convention are as follows;

Article 19: Protection from Abuse and Neglect.

Article 20: Protection of a Child without a family.
Article 22: Refugee and Displaced children.
114
CSS 211 MODULE 4

Article 23: Children with Disabilities

Article 32: Child Labour
Article 34: Sexual Exploitation
Article 35: Sale, Trafficking and Abduction of Children
Article 37: Torture and Deprivation of Liberty
Article 38: Armed Conflict
Article 39: Rehabilitative Care
Article 40: Administration of Juvenile Justice.

The relevant articles as contained in the report are:

1. Article 19: Protection from Abuse and Neglect.

The state shall protect the child from all forms of maltreatment by
parents or others responsible for the care of the child and establish
appropriate social programmes for the prevention of abuse and the
treatment of victims.

2. Article 20: Protection of a Child without Family

The state is obliged to provide special protection for a child deprived of

the family environment and to ensure that appropriate alternative family
care or institutional placement is available in such cases.

3. Article 23: Children with Disabilities

A disabled child has the right to special care, education and training to
help him or her enjoys a full and decent life in dignity and achieves the
greatest degree of self – reliance and social integration possible.

4. Article 32: Child Labour

The child has the right to be protected from work that threatens his or
her health, education or development. The state shall set minimum age
for employment and regulate working conditions.

5. Article 34: Sexual Exploitation

The state shall protect children from sexual exploitation and abuse,
including prostitution and involvement in pornography.

6. Article 35: Sale, Trafficking and Abduction of Children

It is the states obligation to make every effort to prevent the sale,

trafficking and abduction of children.

115
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

7. Article 37: Torture and Deprivation of Liberty

No child shall be subjected to torture, cruel treatment or punishment,

unlawful arrest or deprivation of liberty. Both capital punishment and
life imprisonment without possibility of release are prohibited for
offences committed by persons below 18 years. And child deprived of
liberty shall be separated from adults unless it is considered in the
child’s best interest not to do so. A child who is detained shall have
legal and other assistance as well as contact with the family
(Chukwunka, 2002).

SELF – ASSESSMENT EXERCISE

Explain the Articles 23 and 32 of the UN conventions.

In northern Nigeria, the penal code, which is Islam based, is the

applicable law. These are:

a. Indecent treatment of boys less than 14 years – section 216.

b. Section 222: Indecent treatment of girls under 16 years.
c. Section 225: Abduction of girls under 18 years with intent to
have carnal knowledge.
d. Section 327A: Infanticide.
e. Section 328: Killing an unborn child.
f. Section 329: Concealing birth of a child by making a secret
disposition of its dead body.
g. Section 371: Child stealing.
h. Section 372: Willful desertion of a child under 12 years old and
i. Section 30: Dealing in children by way of selling or trading by
barter under the children and young persons’ Acts (CYPA) 1967.

By section 30 of the Nigerian criminal code, a person under the age of

17 years is not criminally responsible for an act or omission, unless it is
proved that at the time of doing the act of making the omission he had
the capacity to know that he ought not to do the act or make the
omission. If a child of 12 years old commits an offence, he is not
subjected to the criminal jurisdiction of the ordinary court. The child is
subjected to criminal proceedings in a juvenile court until he is 17 years
old. (Onibokun, vol. 4).

The criminal code, section 218, 221 and 222 cap 77 laws of the
Federation of Nigeria 1990 make it an offence to defile a girl. That is,
to engage in sexual intercourse or to deal indecently with girl children
below the age of 13 years, or to subject boys below the age of 14 years
to indecent treatment. The criminal code in section 225 is also very
clear on the offence of abduction, enticement and inducement.

116
CSS 211 MODULE 4

Many sections of the code punish immoral acts perpetuated against

children below certain ages. Between 14 and 18 years, sexual
involvement with a child is criminal, if it is done without the consent of
the child. The penal code which is applicable in the Northern states of
Nigeria stipulates that sexual intercourse with a girl below the age of 14
years is rape, and attracts life imprisonment. It is assumed that the child
is incapable of granting consent to such acts. Even if the child is said to
consent to such acts, this is no defence to an offence because such
apparent consent would be negated by the victim’s immorality (Nigerian
Criminal Code). In Section 39 of the penal code, it states that consent is
not valid if it is given by a person who is under 14 years of age. For
example, a person who has unlawful carnal knowledge of a girl under
the age of 11 years (13 in Lagos) commits a felony punishable with
imprisonment for life with or without caning. But dealing unlawfully
and indecently (seduction, enticement, and procurement) with a girl
under the age of 13 years (16 years in Lagos) is an offence punishable
with imprisonment for two years. Indecent treatment of young boys is
punishable with a 7 years jail term.

SELF – ASSESSMENT EXERCISE

Explain the operation of the section 39 of the penal code.

4.0 CONCLUSION

From this unit, students of criminology and security studies would be

able to know that the Nigerian criminal code emanates from the UN
conventions and the AU charter. It ensures that no child who is
detained, or imprison should be subjected to torture, or punishment.

5.0 SUMMARY

In this unit, we have been able to discuss the Nigerian criminal codes.
The criminal law operates in the Southern Nigeria while in Northern
Nigeria penal code is applied. The criminal law and penal code are both
a federal and state’s law.

6.0 TUTOR-MARKED ASSIGNMENT

Explain the provisions of sections 218, 221 and 222 of the criminal code
of the Federation of Nigeria.

117
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

7.0 REFERENCES/FURTHER READING

Chukwunka, C.A.C. (2002). “International Protection of Child Rights: A

Case Study of the Nigerian Child”. A Master Degree Thesis
submitted to the Faculty of Law, University of Lagos.

Onibokun, M. O. Vol. 4 Child Protection Measures. “Review of

Policies and laws Protecting Children from Abuse in Nigeria”. In
Child Protection in Nigeria: Summary of Research Findings on
Protection and Violation of Children’s Rights. UNICEF/National
Child Rights Implementation Committee. University of Ibadan.

“The Nigerian Criminal Code Cap 77 Laws of the Federal of Nigeria

1990”. “The criminal law of Lagos state 2011”.

118
CSS 211 MODULE 4

UNIT 4 CRIMINAL JUSTICE ADMINISTRATION IN

NIGERIA

CONTENTS

1.0 Introduction
2.0 Objectives
3.0 Main Content
3.1 Criminal Justice Administration in Nigeria
4.0 Conclusion
5.0 Summary
6.0 Tutor – Marked Assignment
7.0 References/Further Reading

1.0 INTRODUCTION

The criminal justice administration is view as a process in which the

offender through series of decision rehabilitates the delinquency back
into the society. The entire concept of the criminal justice
administration in Nigeria is to embrace the analysis of the Rehabilitation
perspective in juvenile justice system.

2.0 OBJECTIVES

At the end of this unit, you should be able to:

• identify the two major enactments towards the criminal justice

administration in Nigeria
• explain and recognise the three steps in the determination of
criminal justice of juveniles in Nigeria.

3.0 MAIN CONTENT

3.1 Criminal Justice Administration in Nigeria

Criminal procedure generally, is either the process by which a criminal

case is prosecuted or the body of laws and rules regulating the
administration of criminal law. This type of law is very essential in
view of the importance the citizens expected of it to ensure a free and
fair trial for all citizens, irrespective of the offences for which they are
charged.

The two major enactments guiding criminal procedure in Nigeria today

are the penal code in force in the Northern states and the criminal law
code which applies generally in the Southern states and throughout the
federation in offences against federal laws. Each of these states has its
119
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

respective criminal laws similar to the provisions of the general criminal

law code. Also, the laws of the Federation of Nigeria chapter 32, known
as children and young person’s Acts, deal with the Deprivation of liberty
and administration of juvenile justice. These sections guarantee that
children shall not be subjected to unlawful arrest or deprivation of
liberty. Both capital punishment and life imprisonment without the
possibility of release are prohibited for offences committed by persons
below 18 years (Onibokun, Vol. 4).

The criminal justice process of an alleged offender is dealt on the trial,

and possible conviction of the offender. These steps are determined by
the

1. Role of the police

2. The role of the Home office and
3. The role of the juvenile court.

1. The Role of the Police

Under the law, it is the police officer that should have the evidence
which points to a crime. He takes steps to place the evidence before the
court of law. The first decision required is whether to arrest the suspect,
or invite him to the police station for further inquiries to be made (Hall
Williams, 1982). Afterwards, initial contact and investigation have been
gathered. The initial contact takes place as a result of the police action.
The purpose of the investigation is to gather sufficient evidence to
identify a suspect and support a legal arrest.

The arrest power of the police involves taking a person into legal
custody for the purpose of restraining the accused until the can be held
accountable for the offence at court proceedings. The moment after an
arrest is made, the detained suspect is considered to be put into police
custody. If the police make an arrest without a warrant, the arrestee must
be brought before the magistrate court within 48 hours for a probable
cause hearing. That is, if a person is taken into custody for a
misdemeanor, a hearing is held to determine if probable cause of the
crime exists or not. If the arresting officer believes that sufficient
evidence exists to charge a person with a crime, the case will be turned
over to the prosecutor’s office. After conducting a preliminary
investigation of the legal merits of a case, prosecutors may decide to
take no further action. The action is known as Nolle Prosequi, i.e.
decision by a prosecutor to drop a case after a complaint has been made
because of insufficient evidence, witness reluctance to testify or police
error (Siegel & Senna, 2005).

120
CSS 211 MODULE 4

2. The Role of the Home Office

The department of social work handles cases of delinquency among

children. When parents bring children to the social welfare department,
the following procedures take place: (a) the social worker will interview
the delinquent and the parents, (b) if necessary, the social worker may
discipline the child; (social worker describes this act as sharp treatment).
This may also include earning (c) after being disciplined, the child is
released on supervision, that is, the child will be released for a period of
time, to be monitored by the social worker on the case, (d) if the child is
brought back by his parents for the second time, the social worker may
take the child to a remand Home. He is now being classified as beyond
parental control.

3. The Role of the Juvenile Court (Family Court)

The establishment of juvenile court acts is enshrined in both the civil

and criminal laws. In civil Law, it takes care of the juveniles who are in
need of care and protection or beyond parental control. In a criminal
Law, it deals with the juveniles charged with offences. In both
capacities, the court serves three important functions; first, as a social
service it must uphold at all times the welfare of young persons, brought
before it. Second, as a guardian of civil liberties of young persons, it
must adhere to the rule of law, third, it must provides to the general
public with protection from the aggressive acts of delinquents and
unruly children.

The trial of juvenile is a private affair which is unlike that of the adults.
The press is kept away and cannot pry into the affairs of the court.
When we deal with endangered juveniles and juveniles in need of care
and attention; such children may be sent by court order to an approved
institution or committed to the care of some fit person willing to
undertake their care. They may be placed for a specified period with 3
years maximum under the supervision of probation officers. Their
parents or guardian may be ordered to enter into an agreement to
exercise proper care and guardianship for them. A constricted juvenile
is not sent to prison like the adult counterparts. The juvenile is sent to a
house of correction called approved institution. These are the ‘remand
Homes’ the approved School and the Borstal institutions where, trained
personnel are equipped to provide care Owasanoye, Vol. 4.

4.0 CONCLUSION

From this unit, you should be able to understand the criminal procedure
of Nigerian criminal justice system towards juveniles. It also ensures a

121
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

succinct step in order to follow the justice process of the alleged

offender.

5.0 SUMMARY

In this unit, we have been able to discuss the criminal justice

administration in Nigeria. The contemporary criminal justice system
functions as a cooperative effort among the primary agencies – the
police, juvenile court and corrections (Home Office).

6.0 TUTOR-MARKED ASSIGNMENT

Explain the two major enactments guiding criminal procedure in

Nigeria.

7.0 REFERENCES/FURTHER READING

Onibokun, M. O. (2000) Vol. 4 “Child Protection Measures. Review of

Policies and laws Protecting Children from Abuse in Nigeria”. In
Child Protection in Nigeria: Summary of Research Findings on
Protection and Violation of Children’s Rights.
UNICEF/National Child Rights Implementation Committee.
University of Ibadan

Owasanoye, B. (2001). Vol. 4 “Institute of Advanced Legal Studies”.

University of Ibadan.

Siegel, L. & Senna, J. J. (2005). Introduction to Criminal Justice.

Australia: Thomson/Wadsworth.

122
CSS 211 MODULE 4

UNIT 5 PUNISHMENT, CORRECTION AND

REHABILITATION

CONTENTS

1.0 Introduction
2.0 Objectives
3.0 Main Content
3.1 Punishment, Correction and Rehabilitation
4.0 Conclusion
5.0 Summary
6.0 Tutor – Marked Assignment
7.0 References/Further Reading

1.0 INTRODUCTION

It is important to examine punishment philosophies and sentencing. The

major punishment philosophies include incapacitation, retribution,
deterrence and rehabilitation. Today, the major issue regarding
punishment is not whether the state should punish offenders but the
question depends on what circumstances, to what extent, and in what
manner should it be.

2.0 OBJECTIVES

At the end of this unit, you should be able to:

• recognise the concept of criminal punishment

• describe the traditional and modern models of correction
• discuss the restorative justice of punishment through
Rehabilitation.

3.0 MAIN CONTENT

3.1 Punishment, Correction and Rehabilitation

Our expectation in the society is to punish and rehabilitate the people

who commit crime. Punishment and rehabilitation are two of the world
recognised objectives of the criminal justice system. Others are
deterrence and incapacitation. Many criminologists throughout history
have argued which is more effective, punishment or rehabilitation. The
classical school of criminology proposed that punishment is used to
create deterrence. The positivist school of criminology believes that the
practice of rehabilitation reduces recidivism. Let us discuss them in
details.

123
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

(i) Punishment

In every society, delinquent behaviour fascinates many people. The

society becomes anxious on those people who are caught and are dealt
with. As a result, the role of the police in enforcing the law becomes
important towards the punishment of offenders. The use of institutions
for confining people against their will is ancient. Today, punishment and
correction of criminals has changed its character. In early Greek and
Rome, the most common state administered punishment was
banishment, or exile. Only slaves were commonly subjected to harsh
physical punishment for their misbehaviours.

Interpersonal violence, even attacks that resulted in death, was viewed

as a private matter. The ancient people usually use economic
punishments, such as fines, for such crimes as assault on a slave, arson,
or housebreaking (Siegel and Senna, 2005).

The explanation of punishment as a social phenomenon is beyond the

approach of penology (specific institutions of punishment). Punishment
occurs in various social contexts such as in the family, at school and at
work. But the focus of the subject matter is based on the legal system.
Punishment may involve fines to the state, restitution to the victim or
others, community service or work, probation with or without
supervision, imprisonment corporal punishment, participation in
programmes, the death penalty, or other provisions. Some of these
punishments, such as corporal punishment, are not recognised by
Nigerian secondary and tertiary institution and courts today, although
they were considered appropriate in the past.

In criminal law, punishment refers to penalties that are inflected by the

power of the state, that is, the authority of law after a court has found the
defendant guilty of a crime. In the past the authority of private
individuals to impose punishment on offenders was recognise. But
today in most countries, that power is vested only to the state. The
question not whether the state should punish offenders but under what
circumstances, to what extent, and in what manner it should be done.
The legal punishment of offenders is a complex process which involves
law making, conviction, sentencing and administration of penalties. The
major aim of punishment is to reduce the rate of crime. But punishment
was seen as a means to an end, to control crime. Still, the rate of crime
is ever-greater in number. It could be argued that punishment has failed.
So, it is probably unrealistic to expect punishment to control crime
(Marsh, 2002).

124
CSS 211 MODULE 4

In 1970, after the Nigerian-Biafran war, there was an ever-increase rate

of crime. This prompted the government to introduce capital
punishment. The capital punishment was seen as the ultimate form of
deterrence. Nevertheless, those who advocated for the reintroduction of
capital punishment for murder have argued that the death penalty have a
deterrent effect, and lead to a reduction in serious crime.

SELF – ASSESSMENT EXERCISE

What is the legal aim of punishment?

(ii) Correctional models

After disposition in juvenile court, delinquent offenders are placed in

some forms of correctional treatment. The correctional treatment is
based on the traditional and modern correctional models such as the
probation and parole, the reintegrative shaming and restorative justice.
The probation and parole is the traditional community – based
correctional model. Probation comes from the latin word probare,
which means “to test” or “to prove”. Technically, probation, which may
be granted only by the court, is a form of sentencing. It is regarded as a
disposition in lieu of sentencing. In some cases the court sentences a
defendant to a term of incarceration but suspends the sentence to a
particular period of time, in which the offender will be placed on
probation. If the term of the probation is not violated, the offender will
be set free, but if the probation violated, the offender may be
incarcerated. Parole refers to the release of offenders from correctional
facilities after they have served part of their sentences.

Reintegrative shaming according to John Braithwaite is the process of

preparing both the community and offender for the offender’s return as
an acceptance and productive citizen. The disapproval is limited to the
offender’s criminal behavior and not the offender himself. In this
criminal justice, the law violator is made to realize that his actions
caused harm and that the offender is still a valuable person to be
reaccepted to the society. A critical element of the reintegrative
shaming occurs when the offender begins to understand and recognise
his wrong doing and shames himself. To be reintegrative, shaming must
be brief and controlled and then followed by ceremonies of forgiveness,
apology and repentance (Siegel & Senna, 2005). Reintegrative shaming
eschews vengeance, stigma, and labeling.

The restorative justice may be the model that best serves alternative
sanctions to crime. Restorative justice is a policy based on restoring the
damage caused by crime and create a system of justice that includes all
the parties harmed by the criminal act, i.e. the victim, offender,

125
CSS 211 THE SOCIOLOGY OF CRIME AND DELINQUENCY

community and society. Restorative justice is one of the reintegrative

Shaping’s sources which turn the justice system into a healing process
rather than being a distributor of retribution and revenge (Reid, 2006).

SELF – ASSESSMENT EXERCISE

What is ‘reintegrative shaming’?

(iii) Rehabilitation Model

Rehabilitation is the major aim of community – based corrections.

Rehabilitation is based on the fact that people are never beyond reform.
The terms rehabilitation and reforms are interchangeably used. Reform
refers to individuals being persuaded and given the opportunity to
change themselves, while rehabilitation involves a more planned and
regulated treatment. The focus is on how punishment can be used to
correct the offender’s behavior. Religious influence has always been the
emphasis of the correctional model of the offender. Victorian reformers
believed that prison should be a place where the offender might become
a reformed person. They advocated for a long period of solitary
confinement for an offender to regain his souls and consciences. The
contradiction between reform – based and retribution – based
punishment is a basic problem that faces any system of punishment
(Marsh, 2002).

In Nigeria, the state has an obligation to ensure that child victims of

armed conflict, torture, neglect, maltreatment or exploitation receive
appropriate treatment for their recovery and social integration. It should
be mentioned that children’s rehabilitation services in Nigeria are
grossly inadequate in type, quantity and quality. According to
Onibokun, (2000) it seems that adequate machinery is not in place for
child victims to be socially reintegrated into the society.

When a juvenile court sentences a juvenile, the child will be admitted to

a remand home, an approved school or a prison. Many of the states in
the federation do not have any of these rehabilitative institutions. In the
rehabilitation homes, children may be subjected to official abuse in form
of punishment, loss of privileges, reduction in quality or quantity of
food and corporal punishment. These are punitive and not protective
measures.

The remand homes are not allowed to provide literacy or vocational

education. Social welfare probation services are not always provided
from arrest to conviction and the eventual committal of offending
children. There is only one Borstal institution in Kaduna with an annex
in Lagos. It was established by the federal government for the detention

126
CSS 211 MODULE 4

of convicted offenders aged 18 – 21 years. The Borstal is supposed to

provide training and reform for young offenders and prevent them from
committing further crimes (Onibokun, Vol. 4).

SELF – ASSESSMENT EXERCISE

What is the aim of Rehabilitative model?

4.0 CONCLUSION

From this unit, students of criminology and security studies would be

able to understand that legal punishment is the ultimate goal of social
control in criminal justice. The community – based corrections and the
concepts of the reintegration of offenders into the community are the
practices of handling the offences.

5.0 SUMMARY

In this unit, we have been able to discuss the punishment, correction and
rehabilitation as the principle models of criminal justice.

6.0 TUTOR-MARKED ASSIGNMENT

What are the correctional models in criminal justice.

7.0 REFERENCES/FURTHER READING

Marsh, L. (2002). Sociology- Making Sense of Society. (3rd ed.).

Houston: Pearson/Prentice Hall.

Onibokun, M. O. (2000). Vol. 4 “Child Protection Measures”. Review

of Policies and Laws Protecting Children from Abuse in
Nigeria”. In Child Protection in Nigeria: Summary of Research
Findings on Protection and Violation of Children’s Rights.
UNICEF/National Child Rights Implementation Committee:
University of Ibadan.

Reid, S.(2006). Crime and Criminology. (11th ed.). Boston: McGraw

Hill.

Siegel, L. & Senna, J. J. (2005). Introduction to Criminal Justice.

Australia: Thomson/Wadsworth.

127