From 'Habitual Offenders' to 'Career Criminals' - The Historical Construction and Development of Criminal Categories

• NCJ Number: 88106
• Journal: Law and Human Behavior Volume: 6 Issue: 3 and 4 Dated: (1982) Pages: 273-293
• Author(s): R C Kramer
• Date Published: 1982
• Length: 21 pages
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: Revised version of a paper presented at the 1979 meeting of the Academy of Criminal Justice Sciences, Cincinnati, Ohio

Annotation

This paper presents a sociohistorical analysis and interpretation of the construction of two specific and related criminal categories: 'habitual offender' and 'career criminal.' The analysis focuses on the broad historical development of these two categories and the symbolic functions they serve.

Abstract

The creation of both these legal categories took place within very similar historical, political, and sociocultural contexts. Three specific factors shaped the development of both the older habitual offender laws and the recent LEAA Career Criminal Program. First, a crime movement emerged in both the 1920's and 1960's in response to the public's perception of a massive crime wave. In addition, in both cases a group with the necessary mandate and resources was able to transform this general concern into a specific law. Finally, these groups were guided and legitimated by a movement away from rehabilitation to more punitive sanctions based on cultural values concerning punishment. These findings are generalizable to other instances of the construction of legal categories. These categories symbolically reassured the public concerning the crime problem and symbolized public affirmation of cultural values regarding punishment. Criminologists should pay more attention to social construction of criminal categories and the functions they serve. Footnotes and about 60 references are supplied.