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Journal of Criminal and Criminology

Volume 32 | Issue 1 Article 6

1941 The oS ciological Aspect of Criminology Marianne W. Beth

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Recommended Citation Marianne W. Beth, The ocS iological Aspect of Criminology, 32 J. Crim. L. & Criminology 67 (1941-1942)

This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. THE SOCIOLOGICAL ASPECT OF CRIMINOLOGY Marianne W. Beth"

Social sciences have reached a point certain types (white collar ) was of development where their investiga- not dealt with by the criminal courts, tions into socially undesirable and pro- but by boards, magistrates, or other hibited behavior should be liberated authorities. Sutherland insists that such from the fetters of juridical . a differentiation of societal repressive Of course, a criminal is primarily and reaction does not alter the fact that these distinctly a person who has been found acts are sociologically to be regarded guilty by a criminal court of a definite es , and that these patterns of act or omission that is outlawed by behavior are to be included in the law or statute. But it does not follow science of criminal and that criminology must limit its research criminology in general, although they to such behavior or to that distinct are not part of the criminological offi- group of people. Already the Italian cial statistics. Garofalo, who coined the Van Vechten, however, took excep- word "criminology" in his work Crim- tion to this suggestion.3 He stated that inologia (first edition 1885) advised its "on theoretical grounds there is cer- use in the narrower juridical sense and tainly enough significance in social at- in a broader sociological sense. This titudes to make social- sanctions as im- wise advice is still appropriate for our portant a test of criminality as law and age that has come to learn that objec- social damage." Further it would be tive criminal behavior does not always difficult for the to adjust their result in a societal reaction of a given teaching or their researches to a pattern, or that a given societal reac- changed definition. "As a matter of tion allows for conclusions concerning practice there is a very considerable a definite action evoking it. Criminol- body of research, conclusions, and the- ogy tends thus to become the "science ory, admittedly valid for the ordinary of undesirable social behavior" and of sort of underworld and underprivileged societal reactions to such behavior. character, which would have to be al- This problem recently has been dis- most hopelessly incumbered with quali- cussed more widely, since Sutherland fying reserves if we are to include large directed the attention of scientists portions of the medical, legal, banking, toward the fact that socially harmful and other professions in the criminal and highly undesirable behavior of classes."

I Ph.D., LL.D., Lecturer on , Reed 3 Courtland, C. Van Vechten, "The Toleration College, Portland, Ore. 2Edwin A. Sutherland, "White Collar Crim- Quotient as a Device for Defining Certain Social inality," American Sociological Review, V. (1940) Concepts." The American Journal of Sociology, 1-12. XLVI (1940), July, p. 35-43. [ 671 MARIANNE W. BETH

Van Vechten's positive contribution In raising these questions, the inves- to the explanation of the phenomenon tigator is nevertheless confronted with of differential societal reaction against the fact that societal repression is not different types of prohibited social be- exclusively determined by the inten- havior is the introduction of the notion sity of social harmfulness of a pattern of Social Tolerance and of the concept of behavior, but that other important of "toleration quotient," based on the factors enter into the pattern of reac- of the person involved. tion. These factors are obviously many- fold, and many of them are consciously "To express the relationship between objective behavior .and social status the or subconsciously concealed from gen- concept of the "toleration quotient" is eral knowledge, because since times im- suggested. This would be a fraction of memorial the ideal of impartial, that is which the numerator would be the ob- jective behavior and the denominator of mechanically equal justice, has been the measure of the community tolerance upheld. This ideal, however, never pre- for the particular type of behavior on vailed in absolute and unqualified form, the part of members of the class to which the person concerned belongs, not even in theory, except during the plus some individual factors. When the short period of Beccaria's influence on numerator exceeds the denominator continental European legislation. And formal and official action takes place; even then, the of the action having some there were remarkable dis- relation to the degree of excess. For tinctions to be observed, just those dis- 4uotients less than unity, social pres- tinctions which have excited Suther- sure short of official action, but still land's attention. somewhat proportional to the value of the quotient, are brought to bear." One of the guiding ideas of societal But this concept explains very few reaction seems to be a moderation in of the relevant problems. Is social employing repressive action. This mod- toleration primarily connected with eration disappears at times. For in- status? Does the problem, which Suth- stance, the excessive use of capital pun- erland has started, imply that the man ishment during the 18th century may of high social status can get away with easily induce the opposite conclusion, murder or theft, that is with that type namely that the social repressive ap- of "objective behavior," which would paratus always tends towards a maxi- be repressed by "formal and official mum of officiousness. Still, in balanced action," if perpetrated by a member of times, the other tendency is clearly the underprivileged classes? That may observable. The last decades have seen happen. But Sutherland's "white collar it at work in like probation crime" was typically behavior of a pat- and even parole; in all the social serv- tern which is obviously inaccessible to ices complementing and even replacing the underprivileged classes. And the social repression for- the underprivi- "toleration" applies generally to this leged classes. Moderation tends to ap- pattern of behavior, and not to the pear as "toleration" in its initial stages. status of the perpetrator, at least not What looks like "toleration" may be in the first line. social weakness. Caesar tells of the CRIMINOLOGY

Gallic nobles, who appeared before subjectively, educational measures may their informers with an enormous re- be taken by the family. tinue, thus demonstrating that the exe- This is a special instance of the gen- cution of an unfavorable judgment eral problem of whether can against them would be hardly feasible. afford in a special case to prosecute, A similar situation of general social or whether it can afford not to weakness or disintegration causes the prosecute. This dilemma is upper- toleration of gansterism, but hardly a most in all legislation and still more regard for their status as members of important in the practice of the a privileged class. The fact exists that courts. Every formal and official prose- society as an organized unit is not al- cution adds to the social harm of the ways mightier than some individuals criminal act the social damage of the or groups. Society does not tolerate total or partial destruction of the per- these groups, but it must submit to sonality of the perpetrator of this act,- them until it gains sufficient strength quite apart from the cost of his punish- to deal with them. ment to the community. If there is little There are obviously also cases, where probability of chronic criminosity, or Van Vechten's explanation holds good. of infectious propagation of this type There are individuals in every society of behavior, prosecution may be unad- who seem so important for the gen- visable. On the other hand, infectious eral welfare that society does not want crimes must be dealt with comprehen- to interfere with their activity, even sively. Whether a crime is infectious, if single acts are undesirable. Unfor- and to what extent an objective tyipe gettable is the damage done by social of behavior is dangerous, depends only repression in the cases of Lord Byron to a minor 'extent on the objective be- and Oscar Wilde. But such social op- havior. To a greater extent it is con- portunism is bound up with personal- ditioned by the "Gestalt" of the whole its, not generally with status. It is situation, of which the objective be- based on the fundamental insight that havior is only one detail. Much Euro- there is hardly such a thing as objective pean legislation makes allowances for behavior, but that the consequences such changes of seductive virulence by of each act vary according to the cir- supplementing a normally lenient type cumstances. of criminal statutes In other cases, for instance in the with provisions for case of delinquent children of well-to- extraordinary measures. That means: do parents, social interference may a general toleration may be revoked, if seem unnecessary, on the objective side, a given type of crime spreads or because the social harm has been changes its importance through the amended by the parents, and because, change of situation.

4 It is theoretically assumed, such destruction when the educational aspects of pre- vail. The law-abiding groups have always vould take place only in case of capital punish- supplemented the formal repression of a crime ment. But actually it can hardly be avoided, by an ostracism, which it would be hardly de- except in unusually favorable circumstances, sirable to eliminate totally. MARIANNE W. BETH

Another instance of this differential fering with a personality of a given social reaction is to be found in the for- social value. These deliberations find mation of vigilance committees. Puni- sometimes expression in law and stat- tive repression is only a supplementation utes, as qualifications and exemptions. of suggestive regulative institutions, Sometimes they work subreptitiously. neighborhood, church, family. When- But they always are present. They are ever these institutions fail, punitive re- the cause of the failure of legislation action increases, either officially or un- ever to succeed in eliminating the hu- officially: as well, because in such a man subjective factor in social reac- situation of social disequilibrium the tions of a formal nature. social consideration for the individual But the true social distinctions are members is at a minimum, as because based on other causes and expressed the infectiousness of criminal acts for in a different manner. It is the so called this very reason is at a maximum. In "objective behavior," in which the certain cases, the opinion of minor different types of "criminality" that are the opinions of groups may differ from characteristic of the different social society at large: Lynching of negroes groups find expression, that is different. is due to a disregard of the social value As Hooton observed, the wish to gra- of a negro's life, and at the same time tify one's desires in socially prohibited to an exaggerated appreciation of the and undesirable ways, may be the same the spreading of negro crim- danger of with members of all classes. But ex- inality. This dissenting reaction must cept for a few very fundamental drives find expression in extrastatutory acts, that allow for expression only in a given because it is expressly only by certain channel, the drives for self-assertion, groups, not by the society. self-aggrandisement, forbidden gratifi- Failure of society to find the right cation will find a very different objec- medium between lack-of vigilance and tive expression under different environ- exaggerated rigidity is one of the most mental opportunities. Jack-rolling is upsetting elements. Obvious "tolera- the adequate expression for the under- tion" of objective criminal behavior privileged. It would be ridiculously in- that has been generally outlawed by adequate to gratify the white collar society is very often the cause of revo- man's desires for quick money. The type lutionary or pre-revolutionary atti- of violent assault is different with the tudes. gangster and with the courtiers of Louis Social reaction towards a given be- XIV. It is by no means true that society havior is therefore always qualified by shows uniformly a higher "Toleration sundry factors: by the social harm Quotient" for members of the privileged done, by anticipation of its infectious- classes, as Van Vechten's formula as- ness, by a deliberation upon the cost sumes. Society's differential reaction of prosecuting and the cost of not- pattern works both ways. But it is prosecuting, by the cost of applying seldom arbitrary. The of the punitive measures, by the cost of inter- repression of the duelling habit shows CRIMINOLOGY that. Of common practise in feudal the supply. This being so, who would times, when everybody had to rely on assume that society may prosecute with his own pluck, duelling is prohibited by cruelty the warlike and violent type of moral and middle class man, and punish by repressive reactions legislation, when the is the general their typical criminality? "Then indus- common safeguard. But it remains ob- try and commerce develop and the sup- ligatory for the body of officers and other ply, though remaining the same, no groups, whose social function is based longer meets the demand." (The Mind on personal courage. The pacifistic out- and Society, §2045.) Who would expect look of 1918 aims at a total repression. at such times a reaction against -wite But the reaction of 1933 brings a total collar crime which might tend to di- reestablishment. Certain undesirable minish the supply of white collar work- acts, connected with trade and ac- ers? quisition of wealth, were likewise At a later period, when the supply handled when the acquisitive mentality exceeds the demand, and when trade seemed the source of social welfare. and commerce are no more expanding, Political propaganda is a virtue in the societal attitude must change. The democracies. European legislation be- trading individual is no more so im- fore 1933 agreed in certifying to the portant for society. Thereby his trans- political criminal that he was not the gressions become more harmful. As mean brand and ought to be handled the given class is subject to a harder with velvet gloves, because the inde- pressure by the transition to a less pendence of political thinking seemed favored social status, the propensity to necessary for appropriate progress, and make up for this deterioration through because therefore society resolved to fast methods increases. And the result put up even with abuses. But it is a will be that society will replace lenient deadly crime in totalitarian states. methods by harsh reactions. Thus society adhibits Toleration, It is up to to contribute when not extermination but modifica- to a clear understanding when such a tion of underlying drives is desirable. change of attitude on the part of society Society and society's and legis- is desirable. Social science must under- lation find many ways of effecting dis- stand the underlying mechanisms of re- criminate behavior reaction against be- action; it must deal with antisocial be- havior patterns, which seem to origi- havior irrespective of status and irre- nate in mental attitudes that society spective of legalistic differentiations. highly values at the given'time. Pareto White collar crime is only one instance refers to the fact that society may at of a general phenomenon. But as we are times feel a scarcity of certain types of changing our of its mean- 61lite-representatives. In a time of , ing, it serves well to designate the un- the strain on the military groups may derlying problems of criminology and be excessive; the demand may exceed criminal psychology.