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University Microfilms International 300 North Zeeb Road Ann Arbor, Michigan 48106 USA St INFORMATION TO USERS This material was produced from a microfilm copy of the original document. While the most advanced technological means to photograph and reproduce this document have been used, the quality is heavily dependent upon the quality of the original submitted. The following explanation of techniques is provided to help you understand markings or patterns which may appear on this reproduction. 1.The sign or "target" for pages apparently lacking from the document photographed is "Missing Page(s)". If it was possible to obtain the missing page(s) or section, they are spliced into the film along with adjacent pages. This may have necessitated cutting thru an image and duplicating adjacent pages to insure you complete continuity. 2. 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University Microfilms International 300 North Zeeb Road Ann Arbor, Michigan 48106 USA St. John's Road, Tyler's Green High Wycombe, Bucks, England HP10 8HR Jl'JZi 52 KRAMER, RUNALD CHARLES CUMSTR’JCT1M& CRIMt: A SOC I3-H ISTUR 1 CAL AN&LYSTS UF THE Ok TSINS AND DLVELLiPMFNT DF THE LEAA CAREER CKT'tlNU PRJGRAM- THE PHIU STATE UNIVERSITY, PH.D., l?7o University Microfilms International 3 0 0 n . z e e b r o a d , a n n a r b o r , mi 4b io g © 1978 RONALD CHARLES KRAMER ALL RIGHTS RESERVED CONSTRUCTING CRIME: A SOCIO-HISTORICAL ANALYSIS OF THE ORIGINS AND DEVELOPMENT OF THE LEAA CAREER CRIMINAL PROGRAM DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Ronald C. Kramer, B.E., M.A. ***** The Ohio State University 1978 Reading Committee: Approved By Dr. Simon Dinitz Dr. Richard J. Lundman Dr. Joseph E. Scott \ I Adviser Department of Sociology To My Parents: Bob and Doris Kramer And To My Wife: Jane Elizabeth Kramer ACKNOWLEDGEMENTS This study could not have been completed without the assistance of a number of people. I am especially indebted to Charles M. (Bud) Hollis, Court Specialist, Adjudication Section, LEAA, the program manager for the career criminal initiative, for allowing me to go through the files of the program. Without this access, and Bud’s complete cooperation, the research could not have been done. I would also like to thank Jim Swain and Dennis Murphy of the Adjudication Section, LEAA for their excellent assistance during the data collection process. I am grateful to Charles R. Work for the opportunity to interview him at great length on two different occasions, and for the many written materials he provided to me. My gratitude extends to all of the other individuals (H. Paul Haynes, Ellen Jasper, Phil Cohen and William Hamilton) who consented to an interview concerning their involvement in the creation of the career criminal program. I am obligated to Phil Cohen and the National Legal Data Center, the national clearinghouse for the career criminal program, for all the assistance they gave me. I would like to thank Jim Kura, and the Franklin County Public Defender’s Office, for the opportunity to go to Washington, D.C. in May, 1977. That trip fortuitously led to the present research. iii I am very grateful to the members of my committee for their many helpful suggestions and criticisms. Thanks to Simon Dinitz for his wise counsel and quiet confidence in me. Thanks to Rick Lundman for his excellent editorial assistance and cheerful support. And thanks to my advisor, Joe Scott, for his encouragement of this project, his support of it, and most of all, for his confidence in me. I think its beginning to rub off a little. My gratitude also extends to my family. My parents, my brothers and sisters, and my in-laws, all helped me with this study in more ways than they will ever know. Thanks to all of them for their support and encouragement. Thanks also to my two good friends, Phil and Chris Niedzielski- Eichner for enduring ray endless discussions of this project and for providing pleasant breaks from the drudgery of writing. Finally, a very special word of thanks to my wife, Jane. Only she knows how much she contributed to this study. I can truly say that without her assistance, her support, her encouragement and her confidence, I could not have finished this project. iv VITA January 23, 1951 ..................... Bom— Tiffin, Ohio 1973 ................................... B.E., The University of Toledo, Toledo, Ohio 1973-1974 . ......... Teaching Associate, Department of Sociology, The Ohio State University, Columbus, Ohio 1974-1975 ............................ Research Assistant, Program for The Study of Crime and Delinquency, The Ohio State University, Columbus, Ohio 1974 ................................... M.A., The Ohio State University, Columbus, Ohio 1975-1978 ... Teaching Associate, Department of Sociology, The Ohio State University, Columbus, Ohio PUBLICATIONS "Shock Parole: A Preliminary Evaluation," International Journal of Criminology and Penology 4 (1976):271-284, with Diane Vaughan, Joseph Scott and Robert Bonde. "The Debate Over The Definition Of Crime: Paradigms, Value Judgments And Criminological Work," International Journal of Criminology And Penology (Forthcoming). FIELDS OF STUDY Major Field: Sociology of Crime and Deviance Social Theory Social Psychology Social Problems v TABLE OF CONTENTS Page DEDICATION ........................................................ 11 ACKNOWLEDGEMENTS ................................................. 11 i VITA ............................................................... v LIST OF TABLES ................................................... x Chapter I. INTRODUCTION ................................. 1 The Social Construction of Crime ................ 3 Theoretical Perspectives .......................... ' 5 Methodology .......................................... 6 Pragmatic Derivatives .............................. 8 Overview of Chapters .............................. 10 II. THEORETICAL PARADIGMS AND THE SOCIOLOGICAL STUDY OF C R I M E .......................................... 15 Explaining Crime: Behavioral and Definitional Realities .......................... 18 The Behavioral Paradigm ............................ 19 The Classical School .......................... 20 The Positivistic School ................... 22 Positivism and the Great American Search . 24 The Definitional Paradigm .......................... 27 The Chicago School Symbolic Interactionist 29 Tradition ................................... The Definitional Theme ....................... - 3 2 The Behavioral Themes ..................... 36 The Positivistic Critics ............. 41 S u m m a r y ....................... 44 III. THE SOCIAL CONSTRUCTION OF CRIME: THEORETICAL EXPLANATIONS AND EMPIRICAL RESEARCH ................... 54 Sutherland's analysis of the Sexual Psychopath Laws . .......................................... 55 The Role of Enterprise In Creating Deviance: Moral Entrepreneurs .............................. 58 vi Moral Crusades: An Organizational Perspective . 61 Symbolic Crusades . ....................... 63 The Social Functions of Crime Creation ......... 67 The Creation of Crime: Class Conflict and Social Power ..................................... 71 The Interest Group Conflict Perspective: Beyond M a r x ..................................... 78 Summary ................................... 87 IV. M E T H O D O L O G Y ............................................... 99 The Case Study Approach ......................... 99 The Process of Data Collection .................. 101 The LEAA Documents: Historical Materials . 105 Specialized Interviews ..................... 107 Data Analysis: Purposes ......................... 109 Data Analysis: Problems of Validity ............. X12 External Validity ............................ 113 Internal Validity ..................... 113 Historiography .............................. 115 Specialized Interviews ..................... 118 Key Analytic Questions ............................ 123 V. THE HISTORICAL CONTEXT: HABITUAL CRIMINALS AND THE CRIME PROBLEM ........................................ 129 The Habitual Offender L a w s ....................... 130 The Nationalization of the Crime Problem.... 137 The 1964 Presidential Campaign ............ 139 The Aftermath of the Campaign .............. 141 The 1968 Campaign and the Nixon Administration ............................ 147 Thinking About Crime: The New Penology .... 149 The Shift From Rehabilitation to Incapacitation/Deterrence
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