Law and Social Control – Jan. 6,2010
2 processes of social control – 1- Internalization of group norms
2- External Pressure
Informal social control
“Folkways” and “Mores” – Ex: Mullet, laughter
Complex society more rules, simpler society less rules
Informal controls most effective when:
High social contact
Participation in local organizations
Less geographic mobility
Stable family relationships
Formal Social Control
-Arise when informal controls fail to secure conformity to norms
Characteristics of formal social controls: 1- systems of specialized agencies
2- standardized procedures and techniques
3- general predictability of universal rules
2 types of formal controls
State –instituted -FORCE
“Legalization” – The process by which norms are moved from the social to the legal level.
Why social norms become legalized?
High value on order
Response to threat
Criminal law – throw you in jail or give you a fine, alternative can be community service or restrict movement.
10% of Canadians have a criminal record – 17% of men, 4% of women.
Sanctions should fit the crime; law decides the sanctions – discretion
Sutherlan and Cressey (1974) punishment as social control – 2 qualities
Inflicted by the group in its corporate capacity upon one who is a member of the same group.
Involves suffering by design and justified by some value that the suffering has. (Justice/Retribution)
Tappan (1960) purpose of punishment:
Retribution ( vengeance)
Incapacitation (prevention of future misbehaviour by deviant)
Deterrence ( warning against misbehaviour, prevents crime)
Race and Criminal Sanctions
Police under fire...