STUDY OF THE BEHAVIOR OF LAW

• NCJ Number: 55047
• Journal: American Sociological Review Volume: 44 Issue: 1 Dated: (FEBRUARY 1979) Pages: 3-17
• Author(s): M R GOTTFREDSON; M J HINDELANG
• Date Published: 1979
• Length: 16 pages
• Corporate Author: American Sociological Review
• Publication Format: Article
• Publication Type: Survey
• Language: English
• Country: United States of America

Annotation

NATIONAL CRIME SURVEY DATA ARE USED TO TEST THE THEORY OF LAW SET FORTH BY BLACK IN HIS BOOK 'THE BEHAVIOR OF LAW.' HIS VIEWS CONCERNING STRATIFICATION, MORPHOLOGY, SOCIAL CONTROL, AND CULTURE ARE NOT UPHELD.

Abstract

BLACK POSTULATES THAT LAW CAN BE SEEN AS A QUANTITATIVE VARIABLE, MEASURED BY THE NUMBER AND THE SCOPE OF PROHIBITIONS, OBLIGATIONS, AND OTHER STANDARDS TO WHICH PEOPLE ARE SUBJECT. THE FOLLOWING CONSTITUTE MAJOR AREAS AFFECTING LAW: (1) STRATIFICATION--WITH PERSONS IN HIGHER INCOME BRACKETS MORE LIKELY TO REPORT CRIMES THAN PERSONS IN LOWER INCOME BRACKETS; (2) CULTURE--WITH PERSONS POSSESSING LOWER EDUCATION AND OCCUPATIONAL SKILLS LESS CONCERNED WITH THE LAW THAN PERSONS WITH GREATER EDUCATION AND OCCUPATIONAL SKILLS; (3) MORPHOLOGY--WHICH MEASURES THE NUMBER OF SOCIAL RELATIONSHIPS THE PERSON HAS AND IS SEEN AS DIRECTLY RELATED TO THE AMOUNT OF VICTIMIZATION REPORTED; (4) ORGANIZATION; AND (5) SOCIAL CONTROL. BLACK POSTULATES THAT ORGANIZED INDIVIDUALS (SUCH AS BUSINESSMEN) ARE MORE LIKELY TO REPORT CRIMES TO THE POLICE AND THAT THE NUMBER OF CRIMES REPORTED WILL BE GREATEST IN AREAS, SUCH AS CITIES, WHICH HAVE THE LOWEST DEGREE OF INFORMAL SOCIAL CONTROL. STATISTICAL TABLES DEVELOPED FROM NATIONAL CRIME SURVEY DATA TEST EACH HYPOTHESIS. IT IS FOUND THAT PERSONS IN LOWER INCOME BRACKETS, WITH LESS EDUCATION, AND FEWER EMPLOYMENT SKILLS WERE AS LIKELY TO REPORT CRIMES TO POLICE AS PERSONS OF HIGHER SOCIOECONOMIC STATUS. THE MORPHOLOGY CONCEPT WAS DISPROVED BY DATA WHICH SHOWED THAT SOCIAL RELATIONSHIPS HAD LITTLE EFFECT ON REPORTING. SOCIAL CONTROL WAS ALSO NOT A FACTOR, WITH RURAL REPORTING RATES AS HIGH AS URBAN RATES. THE TWO CONCEPTS UPHELD WERE SOCIAL RELATIONSHIP AND ORGANIZATION. PERSONS WERE SLIGHTLY MORE LIKELY TO REPORT CRIMES COMMITTED BY STRANGERS, AND BUSINESSES WERE MORE LIKELY TO REPORT THAN INDIVIDUALS. THE MOST IMPORTANT FACTOR AFFECTING CRIME REPORTING WAS THE SERIOUSNESS OF THE CRIME. REFERENCES ARE PROVIDED. (GLR)