NEW CRIMINOLOGY IS THE OLD SENTIMENTALITY

• NCJ Number: 55566
• Journal: Criminology Volume: 16 Issue: 4 Dated: (FEBRUARY 1979) Pages: 516-526
• Author(s): J TOBY
• Date Published: 1979
• Length: 11 pages
• Corporate Author: Sage Publications, Inc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE 'NEW CRIMINOLOGY' IS CRITICIZED VIS-A-VIS ITS CLASS INTERPRETATIONS OF CRIMINAL BEHAVIOR AND LAW ENFORCEMENT.

Abstract

THE 'NEW CRIMINOLOGY', IN VIEWING THE LOWER CLASS CRIMINAL AS A MEMBER OF AN OPPRESSED MINORITY STRUGGLING TO SURVIVE AGAINST THE IMMORAL USES OF POWER BY THE MIDDLE CLASS, DEMONSTRATES A SENTIMENTAL OVERIDENTIFICATION WITH THE UNDERDOG RATHER THAN A SCIENTIFICALLY VALIDATED THEORY OF THE ETIOLOGY OF CRIMINALITY. THE NEW CRIMINOLOGY PURPORTS TO BASE SOME OF ITS VIEWS IN STUDIES THAT SHOW THE EXISTENCE OF DISCRIMINATORY LAW ENFORCEMENT THAT PAYS UNDUE ATTENTION TO LOWER CLASS DEVIANT BEHAVIOR WHILE IGNORING THE MORE SERIOUS CRIMINALITY OF THE MIDDLE AND UPPER CLASSES. THE NEW CRIMINOLOGISTS POINT TO THE FEW STUDIES WHICH MAINTAIN THAT CRIMINALITY HAS NO CORRELATION WITH SOCIOECONOMIC STATUS, SO THAT THE DISPROPORTIONATE NUMBER OF LOWER CLASS PERSONS ARRESTED AND CONVICTED OF CRIMES MUST BE DUE TO DISCRIMINATORY LAW ENFORCEMENT. THE STUDIES TO WHICH THE NEW CRIMINOLOGY REFERS ARE QUESTIONABLE IN THEIR METHODOLOGY, AND THE ARGUMENTS OF THE NEW CRIMINOLOGY FAIL TO DEAL WITH OTHER STUDIES THAT HAVE SHOWN SUBCULTURAL INFLUENCES IN THE MIDDLE CLASS TO BE CONDUCIVE TO LAW-ABIDING BEHAVIOR WHILE LOWER CLASS SUBCULTURE TENDS TO NURTURE DEVIANT SURVIVAL BEHAVIOR. WHILE WHITE-COLLAR CRIME IS A MORE SERIOUS MATTER THAN WAS BELIEVED A GENERATION AGO, IT IS A MISTAKE TO TAKE THE POSITION, AS DO THE NEW CRIMINOLOGISTS, THAT IT EQUALS OR EXCEEDS THE CRIME RATE AMONG THE MEMBERS OF THE LOWER CLASS. THE MORE RATIONAL POSITION CONCERNING CRIME AND CLASS STATUS IS THAT EXPRESSED BY THE THEOLOGIAN REINHOLD NIEBUHR IN HIS THEORY: HUMAN BEINGS IN GENERAL, REGARDLESS OF CLASS POSITION, HAVE A TENDENCY TOWARD EGOCENTRIC SELF-CONCERN, SUCH THAT THE SINGLING OUT OF ANY GROUP OR CLASS IN A GIVEN SOCIETY AS BEING MORE OR LESS MORAL IS A PURELY SUBJECTIVE VIEWPOINT. THE NEW CRIMINOLOGISTS ARE TOO READY TO DISCOUNT SIN IN LOW PLACES AND UNDULY PRONE TO EXAGGERATE THE INCIDENCE OF SIN IN HIGH PLACES. CRIMINALITY AND IMMORALITY OCCUR ON EVERY SOCIAL LEVEL, BUT THE LIKELIHOOD IS THAT THE RELATIVELY DISADVANTAGED CONTRIBUTE DISPROPORTIONATELY TO THE CRIME RATE. REFERENCES ARE INCLUDED. (RCB)