NCJ Number
52484
Date Published
1978
Length
12 pages
Annotation
FACTORS THAT INFLUENCE AUTHORITIES TO CHANGE THE LAW REGARDING WHAT CRIMINAL ACTS DESERVE CONFINEMENT OR PUNISHMENT ARE EXPLORED IN THIS METASTUDY OF THE SOCIAL ORIGINS OF CRIMINAL LAW.
Abstract
TWO CLUSTERS OF STUDIES RELATE TO SUBSTANTIVE CRIMINAL LAW. THE FIRST CLUSTER CONCENTRATES ON LEGISLATION ACCOMPANYING THE RISE OF COMMERCE IN CENTURIES PROCEEDING THE INDUSTRIAL REVOLUTION IN ENGLAND. THE SECOND CLUSTER DEALS WITH STUDIES OF PROCESSES LEADING TO STATUTORY CHANGES IN THE UNITED STATES SINCE THE END OF THE 19TH CENTURY. IN ALL 20 STUDIES CITED, THERE IS NEAR UNIFORMITY OF LEGAL SUBJECT MATTER. IT APPEARS THAT SOCIAL SCIENTISTS CHOSE TO STUDY THE SOCIAL ORIGINS OF LEGISLATION THAT REPRESENT LEADING TYPES OF SUBSTANTIVE CRIME LEGISLATION. THE DISTINCTIVE FEATURE OF SUBSTANTIVE CRIME LEGISLATION IS THAT IT REDEFINES THE NEED FOR PEOPLE TO BE CONFINED OR RESTRAINED AND, THEREFORE, PROVIDES INFORMATION ON WHAT KINDS OF FAILURES ASSOCIATED WITH CONFINEMENT OR RESTRAINT ARE EMERGING AS PROBLEMS IN A SOCIAL ORDER. FOUR HYPOTHESES ARE PROPOSED CONCERNING THE SOCIAL ORIGINS OF CRIMINAL LAW: (1) THE ANOMIE-CHARACTER OF SUBSTANTIVE U.S. CRIME LEGISLATION WILL PREDOMINATE MORE AND NOT LESS AND IT WILL BECOME INCREASINGLY DIFFICULT TO SEE THAT ANYONE IN PARTICULAR IS VICTIMIZED BY WHAT IS NEWLY DEFINED AS CRIMINAL BEHAVIOR, (2) LEGISLATIVE PREOCCUPATION WITH ANOMIE WILL DIMINISH ONLY AS THERE IS A MOVE TOWARD THE FULL EMPLOYMENT OF MEMBERS IN SOCIETY, (3) BECAUSE OF THE ACCUMULATION OF ENTROPY WITH GROWING ANOMIE, THE SYSTEM OF MUTUAL FEEDBACK BETWEEN CRIME LEGISLATION AND SIGNS OF ANOMIE WILL EVENTUALLY BREAK DOWN AND BE SUPERSEDED; AND (4) LEGISLATIVE CONCERN WILL TURN TO USING CONFINEMENT AND PUNISHMENT AS TOOLS TO CONSOLIDATE THE CONTROL OF SOME CLASS OR CLASSES OVER OTHERS IN AN EMERGING SYSTEM OF ECONOMIC RELATIONS. REFERENCES ARE INCLUDED. (DEP)