Law and Social Control

Law and Social Control

Law and Social Control – Jan. 6,2010
2 processes of social control – 1- Internalization of group norms
2- External Pressure
Negative Sanctions
Positive Sanctions
Informal social control
“Folkways” and “Mores” – Ex: Mullet, laughter
Complex society more rules, simpler society less rules
Informal controls most effective when:
Moral consensus
Surveillance
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
Other institutions
Criminal Sanctions
“Legalization” – The process by which norms are moved from the social to the legal level.
Why social norms become legalized?
Moral indignation
High value on order
Response to threat
Political tactics
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...

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