Masculinities and Crime: James W. Messerschmidt

Messerschmidt (1993) notes that males commit most crimes and therefore any study of crime must include a study of masculine values.

He criticises sex-role theory for assuming socialisation is passive. This theory assumes boys are simply not taught to ‘act male’ in childhood and this then defines their behaviour into adulthood.

He also rejects biological explanations for higher rates of male offending.

Messerschmidt points out that cross cultural comparisons show that masculinity varies across cultures. Both men and women are active agents in the construction of their identities. They do not just act on the basis of their biology or sex-roles they have been taught in childhood. They make active decisions as they go through their lives.

Messerschmidt thus argues that any theory which explains why men commit crime must take account of different masculinities. Different conceptions of masculinity tend to lead to different social actions and different types of criminality.

Applying structuration theory

Messerschmidt applies Giddens’ strucuration theory to better understand gender and crime. Like Giddens he believes social structures exist, but they only exist through structured social action. In other words, people’s actions are needed to maintain social structures.

Accomplishing masculinity

Gender is something people do, something they accomplish. In everyday life they try to present themselves in their interactions as adequate or successful to men or women.

Masculinity is never a finished product, men construct masculinities in specific social situations and in doing so reproduce social structures.

From this point of view a man chatting with his mates at a bar, or playing football, or watching and Andrew Tate video, are all attempts to accomplish masculinity.

Men construct a variety of masculinities, at least in part because they find themselves in a variety of social situations which they have little control over.

Some men are not in a position to accomplish certain desired forms of masculinity such as being good at sport or being a higher income earner. One’s ability to accomplish these desired forms of masculinity are shaped by one’s class and ethnic background.

Hegemonic and subordinate masculinities

Messerschmidt divides masculinity into hegemonic and subordinate.

  • Hegemonic masculinities are the most highly valued. These include economic and sporting prowess within mainstream society.
  • Subordinate masculinities are less powerful and carry lower status. These include violent, street-based activities.

The nature of hegemonic masculinity varies from place to place and time to time, but is generally based on the subordination of women. Hegemonic men benefit from their power over women. Men with less dominant forms masculinity may also try to gain power over women but it is less easy for them to do so.

Criminal behaviour can be used as a resource for asserting masculinity. As Messerschmidt puts it:

“Crime by men is a form of social practice invoked as a resource, when other resources are unavailable, for accomplishing masculinity.”

Different groups of males turn to different types of crime in attempts to be masculine in different ways.

Masculinities and crime in youth groups

White middle-class boys tend to enjoy educational success and frequently also display some sporting prowess. In these ways they are able to demonstrate the possession of hegemonic masculinity.

However, these are achieved at a price. Independence, dominance and control largely have to be given up in school. In order to achieve success they have to act in subservient ways in school. Their masculinity is undermined, they are emasculated.

Outside school some white middle class boys try to demonstrate some of the masculine characteristics which are repressed within school. This involves pranks, excessive drinking, vandalism and minor thefts. Because of their backgrounds these boys tend to be able to avoid the criminal label.

Such young men adopt ‘accommodating masculinity’ within school. This is a controlled, cooperative rational gender strategy to achieve institutional success. Outside they adopt a more ‘oppositional masculinity’ which goes against some middle class norms but asserts some of the hegemonic masculine traits they are denied in school.

White working-class boys also experience school as emasculating. However they are much less likely to achieve academic success within school. They therefore tend to construct masculinity around physical aggression. It is important to be tough, or hard, and to oppose the imposition of authority by teachers. They construct an oppositional masculinity both inside and outside of school. The Lads Paul Willis researched in Learning to Labour are an example of this.

A third group, lower working-class boys from minority ethnic groups struggle to find reasonably paid, secure employment. They are unable to construct masculinity through economic success and the breadwinner role. They are also too poor to do so through conspicuous consumption.

They thus turn to expressing their masculinity on the street. They use violence both inside and outside the school and are most likely to get involved in serious property crime.

Messerschmidt quotes a number of American studies showing how robbery is used to make offenders feel more masculine than their victims. Gang and turf wars are also attempts to assert masculine control. Rape is sometimes used to express control over women.

Horrific crimes such as gang rape can help to maintain and reinforce an alliance among boys by humiliating and devaluing women, strengthening the fiction of male power.

Recourse to these more violent forms of masculinity happen when social conditions of poverty, racism and lack of opportunity limit options.

Different types of masculinity and crime

Different types of masculinity can be expressed by different adult males in different contexts leading to crime.

Pimping

On the street, pimping is one way to express masculinity. Pimps usually exert strong control over the prostitutes they pimp out. They get them to turn over their earnings and can thus enjoy material success. Their attitude is one of the cool badass, displaying features such as control, toughness and detachment.

Pimps tend to be loud and flamboyant and display their success through luxury consumer goods. For black pimps this is away to transcend race and class domination.

White-collar crime

To achieve success within large-scale institutions crime may be necessary. In Corporate contexts crime may be tolerated, even encouraged if it can lead to more profit.

Messerschmidt quotes an engineer at Ford explaining why no one questioned the continued production of the Pinto model in the USA. This car was prone to bursting into flames if it was in a rear-end collision, and a number of people died as a result, but Ford still continued to produce it. The engineer explained that ‘safety didn’t sell’ and anyone questioning this would be sacked.

Domestic violence

Messerschmidt argues that relatively powerless men use domestic violence to assert control when women threaten their masculinity.

Much violence occurs when a man believe his wife or children have not carried out their duties, obeyed his orders or shown him adequate respect.

Evaluations of Messerschmidt

Messerschmidt’s theory allows for the existence of different types of masculinity and for the way these masculinities can change.

It also makes plausible attempts to link different types of crime to different types of masculinity and helps explain why men are more criminal than women.

However his theory fails to explain why particular individuals turn to crime when others do not.

Messerschmidt also seems to stereotype men, and he has very negative views of working-class and ethnic minority men. There is no room in his theory for the many men who reject hegemonic masculinities.

He might also be accused of exaggerating the importance of masculinity in explaining crime. Not all male crimes are about asserting masculinity!

Other theorists, such as Bob Connell (1995) do not portray men as negatively.

Signposting

This material is mainly relevant to the Crime and Deviance module, part of A-level sociology.

Part of this post was adapted from Haralambos and Holborn (2013) Sociology Themes and Perspectives 8th Edition.

To find out more you might like this more advanced resource by Messerschmidt on Masculinities and Crime.

The Chivalry Thesis: explaining rates of female crime

The Chivalry Thesis states that women are let of relatively lightly by predominately male police and judges. It is one explanation for why official statistics report so few female crimes compared to male crimes. It could also explain why there are so few female prisoners than male prisoners.

The key idea of the Chivalry Thesis is male police are less likely to arrest and prosecute female criminals compared to male criminals, even if they are caught committing similar crimes. Similarly, male judges will give female prisoners more lenient sentences compared to males for the same offences.

The first person to coin the term ‘Chivalry Thesis’ was Otto Pollak, in 1950.

Otto Pollak: The ‘masked’ female offender

Writing in 1950, Otto Pollack argued official statistics on gender and crime were misleading. He claimed statistics underestimated the extent of female criminality.

Pollak analyzed statistics from several countries and claimed to have identified certain crimes that are usually committed by women but which tend to go unreported.

  1. nearly all offences of shoplifting and criminal abortions were carried out by women. Both of these often went unreported to authorities.
  2. Female domestic servants were in a position to commit theft from properties, which often went unnoticed.
  3. In the case of prostitution Pollak saw the female prostitutes as committing criminal acts, but not the male clients.
  4. Women’s domestic roles gave them opportunities to get away with poising their husbands and abusing their children.

Pollack argued the police, magistrates and other law enforcement officials tended to be men. Brought up to be chivalrous, they were usually lenient with female offenders so fewer women appeared in the statistics.

However, according to Pollack, the chivalry thesis only explained a small part of the low female offending rate in the official statistics. A more significant factor was that women were very good at hiding their crimes. This Pollak attributed to their biology. Women were good at deceiving men because they were used to hiding pain and discomfort which due when menstruating.

Criticisms of Pollack

Heidenshon (1985) criticises Pollak’s work for being based on unfounded, stereotypical assumptions about women.

Stephen Jones (2009) pointed out that Pollak provided a lack of evidence to back up his points. He had no actual evidence that female domestic servants committed crimes against their employers, for example.

Despite the obvious sexism in Pollak’s theory, he is important as he was the first person to raise the possibility of ‘chivalry’ being a factor in explaining gender differences in the official crime statistics. The Chivalry Thesis has been taken a little more seriously by criminologists!

Evidence supporting the Chivalry Thesis

Historical self report studies have shown a difference in the reported rates of offending by males and females. These differences are NOT as great as the imprisonment statistics.

For example the 2006 Offending, Crime and Justice survey 12% of males admitted to committing more serious offences compared to 8% of females.

Criminal Justice Statistics from 2021 suggest that women are treated slightly more leniently by the courts compared to men.

When offence type is controlled for women receive 4.5 years less than men.

However this does not factor in the precise details of the offence, plea or previous convictions.

Evidence against the Chivalry Thesis

The latest trends from Women in the Criminal Justice System shows that women are receiving more harsher punishments compared to previous years. Thus catching up with men.

This could be linked to the fact that there are proportionally more female police and judges today than ever before.

Feminist criminologists argue that far from being chivalrous towards women the criminal justice system is in some ways biased against women.

Signposting

This material is mainly relevant to the Crime and Deviance module, usually taught as part of second year A-Level sociology.

Radical Criminology, aka New or Critical Criminology

Emerging in the late 1960s and 70s, Radical Criminology, aka New Criminology combined Marxist and Interactionist approaches, emphasizing capitalism’s role in producing crime, and the subsequent societal reactions. It called for understanding crime through several factors such as wealth distribution and societal response to deviance. Critics argue it offers no practical solution to crime and romanticizes criminals, while ignoring crime victimization of women.

Radical, new or critical criminologies of the late 1960s and 1970s had their basis in Marxism, Libertarianism, anarchism or American populism. 

They sought to understand crime control by referring to power, politics and inequalities and emphasised the need for political activism or praxis. 

Chambliss (1976, Box 1983) saw crime control as an oppressive and mystifying force. Legislation and law enforcement and ideological stereotyping preserved unequal class relations. 

The radical political economy of crime sought to expose the hegemonic ideologies that masked the real nature of crime and repression in capitalist societies. 

Most mundane offending was less harmful than exploitation, alienation, racism and pollution. 

Much proletarian crime could be redefined as a form of rebellion or redistributive class justice. Or the possessive individualism endemic to capitalist society. 

Criminal justice itself created visible crowds of working-class black scapegoats to deflect attention away from a capitalist system in terminal crisis. 

If the working classes did turn to crime they were themselves victims of false consciousness which inflated the nature of petit problems while hiding harms the bourgeoisie did. 

Black prisoners were the victims of race wars, prison the ultimate form of state repression. 

Most people were unaware of how power worked and it was the job of the radical criminologist to demystify. 

Socialism was the answer to the problem of crime.  

The New Criminology

In 1973 Taylor, Walton and Young published The New Criminology which combined Marxist and Interactionist approaches to crime.  They argued criminologists should examine all the different aspects surrounding why a crime takes place – the immediate and wider political reasons as well the societal reaction.   

They argued criminologists should examine how capitalism generates the circumstances of crime, the responses of the police, media, criminal justice system, offender and victim, and how all of these factors interact to influence how the situation develops. 

New Criminologists argued that criminals were lashing out against capitalism, in fact they say that they were mistakenly expressing their anger at capitalism through crime, rather than politics.  They also argued the media created moral panics and scapegoats about particular crimes to divert attention away from issues which may potentially be damaging to the ruling classes.

Book cover: the New Criminology
The New Criminology, published 1973.

The New Criminology was similar to Marxism….

  1. It accepted that the key to understanding crime is the material basis of society – the economy is the most important part.
  2. Believed that capitalist societies are unequal and these inequalities are the root of crime.
  3. Supported a radical change of society – theories of crime are useless unless they offer hope to liberate people from oppression. 

The New Criminology also criticised previous criminological theorising…

  • Marx was too economically deterministic. Taylor et al insist that criminals choose to break the law. External forces do not determine human behaviour.  
  • They dismissed most causal theories of crime and saw control, labelling, and biological theories as too determinist. They believed crimes were deliberate and conscious acts with political motives. 
  • Deviants were not just the passive victims of capitalism, they were engaged in active political struggle. 
  • They wanted socialism not communism. They envisaged a society where hippies, LGBTQ people, and maybe even drug users would be accepted and not turned into criminals. 

The Fully Social Theory of Deviance 

Taylor, Walton and Young developed the Fully Social Theory of Deviance to emphasise seven factors we need to look at to fully understand crime. 

To understand Crime fully we need to look at..

  1. The way in which wealth and power is distributed in society. Here we need to look at the Crimogenic Capitalist system and cyclical economic crises within Capitalism. Also the role of the state in oppressing and marginalising certain groups.
  2. The particular circumstances surrounding the decision of an individual to commit an act of deviance
  3. The deviant act itself and the meaning the individual deviant attaches to it. 
  4. How and why other people in society react to deviance – how do family members, friends and the police react? We also need to look at the media’s power to create ‘folk devils’ 
  5. The reaction needs to be explained in terms of the social structure. How do the public and the police respond to the creation of folk devils ? (the societal reaction)? More broadly, who has the power to make the rules? Why do agents of social control punish some deviant acts more severely than others?
  6. The effect labelling has on the people being labelled. How do  the ‘criminalised’ respond to being labelled?
  7. All of the above together. 

Stuart Hall applied this approach to his study of mugging in the 1970s.  He found that the Government wanted to divert attention away from the economic crisis of the time, so a moral panic was created about black youths in London.  

Criticisms of Radical Criminology. 

Critical Criminology offers us no realistic solution to the problem of crime – if it is Capitalism and the state that are the problems – then a revolution is the only answer. Radical criminology did not receive government funded ‘soft money’ for empiricist research. Some departments closed down. 

It was too idealistic. It is based on some idealised vision of a free future. All capitalist societies are not the same an socialism can be repressive. 

The New Criminology romanticised criminals. In reality most criminals are not struggling against their oppressors in the name of political change, they are just thugs. 

Victim surveys of the 1970s and 80s showed the extent of working class victimisation. They showed us that crime was intra-class, not inter-class. In other words the working classes victimised other working class people, hardly a class struggle against the elite! They ignored the impact street crimes can have on Victims – Left Realism in particular gets back to a ‘victim centred’ approach to crime

They also ignored the victimisation of women. 

The legacy of New Criminology 

Reflecting back on Radical Criminology in the late 1990s, new criminologists accepted some of the criticisms, especially from Feminism. 

In defence of New Criminology they pointed out that it stood up against correctionalism. It encouraged agents of social control to not eradicating deviant behaviour, and encouraged more tolerance!

New Criminology does have a critical legacy. Feminism, Left Realism and Postmodernism are all rooted in the New Criminology . 

Signposting and relevance to A-level sociology

This content is relevant to the crime and deviance aspect of A-level sociology.

Just Stop Oil – A Sociological Analysis

Just stop oil are challenging people to rethink what their values are in global context, but are coming up against governmental and corporate power structures which are pro fossil fuel.

Just Stop Oil is a UK based coalition of groups with the aim of getting the government to stop all new licences for exploring and developing fossil fuels such as coal, oil and gas.

Just Stop Oil draws on evidence from the Intergovernmental Panel on Climate Change which suggests if the global community doesn’t take action to radically and rapidly reducing its fossil fuel use within the next few years then climate change could be irreversible, meaning today’s children will face a calamitous future of global warming, sea level rise and extreme weather events.

The group has an overtly political focus, and a very specific focus – to get the government to disallow companies to exploit new fossil fuel reserves, and their tactics are very radical involving non violent direct action.

Just Stop Oil’s Tactics

Just Sop Oil uses Non Violent Direction Action to disrupt social activity in England and other countries, in order to draw attention to the urgent need to address the climate crisis.

The group made headlines in the UK in early November by climbing motorway gantries and stopping traffic for hours on end around the M25 and other places – if people enter gantries the police are legally obliged to remove them for their own safety, which requires traffic to be stopped.

The video here gives you an insight into the rationale behind these tactics from the words of one of the activists.

Just Stop Oil also made headline news back in October 2022 when activists threw soup over Van Gogh’s sunflowers.

The reason for choosing to attack art is to make people question what they value – if people are getting angry over vandalising a work of art, why aren’t they getting angry over governments allowing corporations and lazy individuals to vandalise the ecosystem which art depends on too?

Applying sociology to Just Stop Oil

There are lots of concepts you can apply to the Just Stop Oil campaigns, especially value consensus (or lack of it), indivdualisation, the Marxist perspective on global power structures, and Durkheim’s ideas about deviance and social change.

Value Consensus (or lack of it)

Just stop oil explicitly call on people to rethink what they value, as you can see from the FAQ on their site about ‘why soup over art’ – the whole point of that is to get people to think about why they care more about art than the climate, if they are getting angry about just the art rather than the climate.

You can also see it in this twitter exchange – the person replying to the individualised mother is challenging her to change her values and act on them, like she has done and like the U.N. is calling on people to do.

Picture of a just stop oil conversation on Twitter.

However the fact that so few people seem to care about the climate crisis and just go on doing their own thing and polluting suggests we are a long way off value consensus over the need to reduce our fossil fuel usage.

In short, Functionalist theory just doesn’t seem to apply here!

Individualisation

The tweet above reminds me of Bauman’s concept of individualisation – we live in a society where individuals are increasingly tasked with finding solutions to their own problems, rather than relying on society to do it for them.

In the above case we see a woman ‘managing’ her ordinary life in a very individualised way – she has a car to transport her kids around and is trying to plan to avoid disruption – which in itself is very efficient and organised.

However any sense of her using the train to care about the environment clearly isn’t on her agenda – and it isn’t on most people’s agendas either as they are too busy trying to just survive on a day to day basis.

There’s a strong possibility that governmental action may well be needed to reduce global emissions – if people aren’t forced to use less fossil fuels most of them will choose to carry on using them for the sake of convenience as any sense of ‘care for society’ has largely disappeared in our individualised age.

Marxist theories of global power structures

The fact that insufficient government action has been taken over climate change to prevent catastrophe by 2050 (according to climate scientists) suggests that they are on the side of the oil and gas companies.

In the case of the UK this is very much obvious – two of our largest companies are Shell and BP and the government isn’t even prepared to tax the current enormous profits they are making on high energy prices.

It seems to be that it’s very much the climate coalition versus the governments plus the oil corporations, and the later two are still putting short term profits before long term sustainability, which suggests that Marxism may well still be relevant today!

The Social Construction of Crime

Just a quick one – the High Court put out an injunction against anyone blockading motorways and other roads in certain parts of the UK.

This means that instead of just being charged with public nuisance offences which only really carry minor punishments anyone blockading a motorway as part of Just Stop Oil’s campaign can now be charged with contempt of court which carries longer jail sentences and unlimited fines!

It’s a great example of how an act can be made ‘more criminal’ by the simple act of a court.

Durkheims’ theory of social change

If you read through Just Stop Oil’s website and listen to the voices in these videos it’s clear that Just Stop Oil activists position themselves as being at the moral forefront of positive social change, in the same vein as civil rights activists in the 1960s.

Durkheim said that deviance in society is necessary in order for social change to take place and that ‘today’s deviance may well be tomorrow’s norm’.

Perhaps these committed activists have the value-system of the future – perhaps in 40 years time we will look back and think these were pioneers of a greener future when it is the norm to live more sustainably?

Another way Durkheim’s theory may be relevant in the future depends on how these activists are punished – if they are given very harsh punishments this could be an attempt by the courts to enforce social regulation through sending out a message.

Just Stop Oil – Relevance to A-level Sociology conclusions

This case study is most relevant to the Power and Politics option, but few students study that module, but this material is still a good example of deviance and so for most people will be relevant to the crime and deviance module.

also relevant to the global development module as this is clearly a global movement!

What are the Impacts of Crime on Victims?

Students of A-level sociology are required to study Victimology as part of the Crime and Deviance compulsory module, which means examiners can legitimately ask them this question!

What are the impacts of crime on Victims?

Victim Support notes the following ways in which crime can affect victims in the short and long term:

  • Feeling upset or angry (strong emotional reactions)
  • A victim may feel as if they have lost control of their life, things may spiral downwards (this kind of links to Anomie)
  • Victims may blame themselves.
  • Victims may develop physical symptoms linked to the stress of being a victim
  • Victims may develop longer term anxiety related disorders.

The site notes that the way an individual responds to a crime will depend on a number of variables such as the type of crime, whether they know the victim, the support they get from friends and family and their past experiences of crime.

NB – If you’ve been a Victim of Crime, Victim Support UK is a safe space to go get support and advice.

Personal Stories may be the best way to understand the impact on Victims….

The Cumbria police have put together a video series in which one Domestic Violence Survivor talks through how she got out of an abusive relationship…

Impacts on Victims’ families

NB – it’s not necessarily just the victim who is affected, all of the above can have negative affects on relationships and children if one member of a family is the victim of crime.

One of the most heart breaking crimes where this is felt in the UK is among the families of victims of knife crime, as outlined in this article here.

Secondary Victimisation

Secondary victimisation is when victims relive the trauma of their crime, which may occur when they are cross-examined by the prosecution team in court, or through harassment by agents of the media.

It is most commonly associated with Feminist perspectives on Crime and Deviance – historically victims of rape have also been subject to secondary victimisation when they are ‘put on trial’ by being accused of lying ny the prosecution, for example.

This report from the BBC provides stories from Victims who say they have been ‘re-traumatised by the system’.

Help for Victims of Crime

The Ministry of Justice is another place Victims can go to in order to find out more about whether they are actually victims of crime, and to seek further support as necessary.

Citizens Advice is another place offering advice about getting legal support as a victim of crime.

What is the Cost of Cybercrime?

Cybercrime is one of the most harmful types in terms its economic costs to individuals and businesses.

This reason alone suggests that students of A-level sociology studying the crime and deviance module should pay special attention to to this type of crime.

What are the economic costs of cybercrime?

A recent McAFee report estimated the global cost of Cybercrime in 2019 to be over $1 Trillion.

Accenture does an annual survey on the costs of Cybercrime to business and that revealed that the average cost of malicious attacks is just over $1 million to a company, with several days of downtime as a result.

In the United Kingdom, this report estimates the costs of Cbyercrime to be £27 billion every year.

This compares to the following:

  • The overall size of the global economy in 2020 was around $84 trillion, meaning global cybercrime accounts for 1% of global economic output.
  • Tax dodging by mainly corporations but also wealthy individuals costs the global economy just over $400 billion annually. (Source: The Conversation)
  • In 2015/ 16 the UK government estimated the total cost of ALL crime to be around £50 billion – besides cybercrime, fraud and theft were very high cost crimes, both made much easier with the growth of online networks.

The projected costs of Cybercrime are much greater. according to Cyber Security Ventures the global cost of Cybercrime is set to reach $10.5 trillion dollars by 2025

Analysis/ Evaluation – what to make of these figures?

These statistics suggest that the costs of Cybercrime are growing rapidly, and if you believe the projections, then Cybercrime is by far the most damaging type of crime in terms of financial cost.

However, you need to question the validity of data published by Cybersecurity companies – it is in their interests to exaggerate the extent of cybercrime so they can sell more security software!

Having said that, official statistics themselves show a HUGE increase in the amount of cybercrime in the last five years, and so it’s likely that the costs of cybercrime would have increased too.

I haven’t here distinguished between cyber dependent crime and cyber-enabled crime – I think a lot of the increasing costs are due to old types of crime (fraud and especially theft) becoming more common online (as opposed to face to face) – I guess the internent just makes it easier to attempt to commit these types of crime, en masse (as through phishing) rather than the slower and more risky physical thefts.

The depressing thing is that I find none of this surprising – we live in more networked world, and one unfortunate consequence is that it’s now easier to attempt to commit fraud and theft against faraway victims online – it’s simple rational choice theory – computer networks make it more convenient to attempt crimes such as phishing and identity theft with less risk.

And while I’m sceptical about Cyber Security companies exaggerating the extent of online crime, I’m inclined to agree with them that this is on an uptrend as that’s what official statistics from all around the world suggest, not to mention the increasing amount of anecdotal evidence from people who have been scammed, and TBH I only need compare the amount of phishing emails in my inbox today compared to five years ago to realise the increase in attempted crimes against me, and presumably millions of other people receiving such mail in their Spam folders every day!

It seems it’s more important than ever to take your online security and safety very very seriously.

Fraud and Computer Misuse – The Most Common Crimes in the UK

Fraud and computer misuse now account for half of all crimes in England and Wales, but 80% of victims no NOTHING about the criminals who acted against them!

Fraud and Computer Misuse now Account for Half of all Crime in England and Wales (1) , this means that in order to fully understand crime today, students of A-level Sociology REALLY need to know something about these two types of crime.

This is not only an important update relevant to the crime and deviance aspect of the AQA A-level sociology specification, it’s also VERY IMPORTANT that students educate themselves about the risks of being a victim of fraud and computer misuse and take appropriate measures to protect themselves and stay safe online.

Defining Fraud and Computer Misuse

The Office for National Statistics defines these crimes as below:

Fraud

Fraud involves a person dishonestly and deliberately deceiving a victim for personal gain of property or money or causing loss or risk of loss to another.

While Fraud can happen offline, most fraud today occurs online and the most common types known to include:

  • banking and payment card frauds
  • consumer and retail frauds
  • advance fee payment frauds

Computer misuse

Computer misuse covers computer viruses and any unauthorised access to computer material, as set out in the Computer Misuse Act 1990.

This can include any device using software accessible online, for example: computers smartphones, games consoles and even smart TVs. It includes offences such as:

  • the spreading of viruses.
  • hacking – gaining unauthorised access to information
  • denial-of-service (DoS) attacks – the flooding of internet servers to disrupt or take down a network or website.

Both of these types of crime are types of Cyber Crime (most fraud and all computer misuse).

How much Fraud and Computer Misuse are there in England and Wales?

The latest data from the TCSEW show that Fraud and Computer misuse have been increasing rapidly in recent years, and now account for more than half of all crime in England and Wales.

Fraud and Computer Misuse were only added to the Crime Survey of England and Wales recently, and there are so many incidents that the Office for National Statistics records records two totals – one with these crimes and one without, so we can make a fair comparison of all other crimes over a longer time scale.

This bar chart gives you an idea of just how much Fraud and Computer misuse there is compared to all other types of crime:

The above chart shows incidents, and the ONS estimates there were nearly 10 million adult victims of fraud and computer misuse in the 12 month period to December 2020, that’s more than 1 in 5 adults.

The increase has been so rapid that the UK government has recently declared that there is a ‘new battle front‘ against these types of crimes.

Fraud and Computer Misuse – Key statistics

To get a more in-depth analysis of Fraud and Computer Misuse we need to go back to this 2019 report: The Nature of Fraud and Computer Misuse (March 2019). This report notes the following:

Fraud

  • The amount of Fraud has increased in the last two years.
  • 76% of victims lost money, but around half lost less than £250.
  • Only 15% of fraud crimes were reported to the police
  • The likelihood of being a victim was generally lower in older age groups and greater in higher income households, there was little variation across gender and ethnicity.
  • In 63% of fraud incidents, there had been no contact between the victim and the offender.
  • Less than 15% of people could say ‘anything’ about the person who committed the Fraud against them – it’s a very ‘anonymous’ crime where the criminals are concerned!

Computer Misuse

  • Computer Misuse incidents have actually decreased in the last two years overall – especially crimes involving viruses being put on devices.
  • 21% of computer virus incidents resulted in data being accessed or lost.
  • As with fraud, older people aged over 75 were less likely to be victims of computer misuse
  • Over 90% of people reported taking security measures to keep themselves safe online, which could explain the decrease in this type of crime.

Relevance to A-level Sociology

Students really need to pay attention to Fraud especially as it is the crime with the highest VICTIM count in England and Wales, so very relevant to victimology – and there is little variation by class, gender and ethnicity, only age it seems.

This material is also relevant to the media and crime topic, because more than half of all fraud is committed online, as are ALL crimes of computer misuse.

From a methods perspective, it’s worth noting that around 80% of victims of these crimes can say NOTHING about the people who committed crimes against them – these are truly faceless crimes, very possibly committed by criminals outside of the UK, so this is also relevant to the topic of globalisation and crime.

Find out More….

This Power Point Presentation from the Office for National Statistics outlines some of the problems with measuring these crimes.

If you want to find out more about how to stay safe online and protect yourself from these types of crime – there is a section at the end of The Nature of Fraud and Computer Misuse.

Students might like to do independent research on these types of cyber crime in Scotland and Northern Ireland to get a fuller picture covering the whole of the United Kingdom!

Qualifications

(1) Please forgive the slightly misleading title! The data on fraud and computer misuse are from England and Wales only, but for the sake of having a short, visible and digestible title I shortened this to the UK.

Examples of State Crimes 2020-2023

Three examples of state crimes since 2020 include Russia targeting civilians during the Ukraine invasion, China’s genocide against the Uyghur’s and the Taliban’s denial of women’s rights.

This post provides several examples of Contemporary State Crimes and links to sources of information students can use to explore State Crimes further.

Before reading this post, you might like to read these two posts:

Studying State Crime is an explicit requirement for students studying A-level Sociology, as part of the compulsory Crime and Deviance Module.

Below I have highlighted five countries who are responsible for some of the worst state crimes in recent years….

I’ve tried to select examples of mainly developed countries committing state crimes, to demonstrate that it’s not all impoverished, war torn countries or ‘rogue states’ who are state-criminal actors.

It is, however, important to realise that I have been selective (so there is some selection bias here and these examples will lack representativeness) but I think it has to be this way to make this topic manageable. I have included links below where you can search for further examples of State Crimes.

NB – this post is a work in progress!

Countries Committing State Crimes in 2020-2023

Three prominent examples of governments committing crimes against humanity since 2020 include:

  • Russia – the invasion of Ukraine
  • China – the cultural genocide against the Uyghers.
  • The Taliban’s increasing oppression of women.

Russia’s Crimes Against Humanity

Historically, there’s only one real contender for the the worst state criminal in all of all of human history – the USA.

The International Criminal Court is currently investigating Russia for potential crimes against humanity committed during its invasion of Ukraine. Russia is under investigation for the following crimes:

  • deliberate targeting of civilian areas and the systematic mass killing civilians.
  • Torture and rape of civilians in Ukraine and Ukrainian prisoners held in Russian territory.
  • Forced deportation of over two million Ukrainian adults and children to Russia since the start of the invasion.

China’s Genocide Against the Uyghurs

The Human Right’s Watch Report 2021 report summarises a nearly 10 year history of human rights violations against Uyghur Muslims by the Chinese State. The Uyghurs live in Xinjiang province in the far North East of China, a relatively remote and underdeveloped region of China.

map showing the Xinjiang region of China
The Xinjiang region of China where the alleged genocide against the Uyghurs is taking place.

In 2014 the Chinese government commenced a “Strike Hard Campaign against Violent Terrorism” in the Xinjiang region has since involved pressuring Uyghur and other Turkic Muslims to abandon Islam and their culture.

Two examples of Chinese state crimes include:

  • Since 2014 over one million ethnic minorities have been forcibly detained and subject to ‘re-education’ sometimes involved torture.
  • The populations of the region are also subject to mass surveillance and there are reports of women having been forcibly sterilised.

These actions by the Chinese state are possibly characterised as a cultural genocide and are ongoing today.

The Chinese State has a history of violating human rights. For example the crushing of Hong Kong’s freedoms, ongoing repression in Tibet and Inner Mongolia, and the crackdown on independent voices throughout the country more generally.

The Taliban in Afghanistan

According to Human Rights Watch since the Taliban regained power in Afghanistan they have:

  • forced women to wear headscalves in public
  • Banned girls from secondary education
  • Banned women from working and public office.
  • Imposed mass censorchip on the media, undermining freedom of speach
  • Murdered or disappeared numerous political opponents.

The United States and Israel as State Criminals

Despite the United States outing Russia as a perpetrator of State Crime in Ukraine, according to Noam Chomsky, the United States, along with Israel, are the two worst terrorist organisations/ rogue states of modern times, even if in the last couple of years their crimes against humanity may have been out of the spotlight!

The Crimes of the United States of America

Below is a useful summary video which takes a trip through some of the War Crimes committed by the United States of America since the end of World War Two.

The State of Israel

Israel has been committing crimes against Palestinians in the occupied territories for several decades now – there are presently almost 7 million Palestinian victims of Israeli apartheid policies which forbids Palestinians from having equal access to regions across Israel. This 2021 report from Human Rights watch explores this. A more accessible report might be this one from Amnesty international .

Some of the crimes the state of Israel commits against Palestinian civilians include:

  • Unlawful killing
  • Prevention of freedom of movement
  • Forced displacement
  • Discrimination

Syria and Turkey

War Crimes are still being committed by Syria and Turkey in Syria – including the arbitrary killing of civilians, forced detention, which can lead to the death penalty, looting of property and displacement of peoples – there are now 6 million refugees from the region.

Interestingly the report also labels neighbouring countries as committing crimes by blocking access to these refugees!

War Crimes in War Torn Countries (Special Note)

NB – you will find plenty of examples of many state crimes in war torn countries such as Yemen for example, but it seemed a little bit too easy to focus on those, I’m trying to be critical here!

Three organisations which monitor state crimes:

  • Amnesty International has a useful hub page here which will allow you to explore contemporary case studies of States involved in various crimes – such as disappearances, political violence, torture and states denying citizens freedom of expression.
  • Human Rights Watch – monitors all sorts of State crimes – they cover some of the same ground as Amnesty but also focus more extensively on issues such as women’s’ rights, and reproductive rights and lots more. Their reports page is well worth a browse!
  • Transparency International – monitors global political corruption – they’ve developed an index based on surveys which asks people questions such as ‘have you paid a bribe to access a public service in the last year’ – they rank countries according to how corrupt they are and do research into corruption in several countries. You can access the latest world corruption report here.
  • You might also be interested in this rare academic source – The State Crime Journal .
Sources and Signposting

This material is mainly relevant to the Crime and Deviance module.

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Image Source: https://upload.wikimedia.org/wikipedia/commons/1/1e/Xinjiang_in_China_%28de-facto%29.svg

What is Deviance?

Deviance is norm-breaking behaviour. Sociologists argue that deviance is context dependent – what is deviant depends on the situation you are in, such as the country and the historical period.

Deviance refers to rule-breaking behaviour of some kind which fails to conform to the norms and expectations of a particular society or social group.   

Deviance is closely related to the concept of crime, which is law breaking behaviour. Criminal behaviour is usually deviant, but not all deviant behaviour is criminal.

The concept of deviance is more difficult to define than crime. Deviance includes both criminal and non-criminal acts, but it is quite difficult to pin down what members of any society or groups actually regard as deviant behaviour. Downes and Rock (2007) suggest that ambiguity is a key feature of rule-breaking, as people are frequently unsure whether a particular episode is truly deviant or what deviance is. Their judgement will depend on the context in which it occurs, who the person is, what they know about them and what their motives might be.

Societal and Situational Deviance

Plummer (1979) discusses two aspects of defining deviance, using the concepts of societal deviance and situational deviance.

Societal deviance refers to forms of deviance that most members of a society regard as deviant because they share similar ideas about approved and unapproved behaviour – murder, rape, child abuse and driving over the alcohol limit in the UK generally fall into this category.

Situational deviance refers to the way in which an act being seen as deviant or not depends on the context or location in which it takes place. These two conceptions of deviance suggest that, while there may be some acts that many people agree are deviant in one society, those acts defined as deviant will vary between groups within a society. Whether or not an act is seen as deviant often depends on:

The historical period – definitions of deviance change over time in the same society as standards of normal behaviour change. For example, cigarette smoking used to be very popular, now it is illegal to smoke in restaurants or buses.

The place or context – nudity is often seen as deviant in public (though in itself it is never criminal), but rarely in private; playing loud music is deviant on public transport, but not at music festivals, and drinking to excess is deviant almost anywhere, but not necessarily in pubs or clubs.

The social group – What may be regarded as unacceptable at a societal level may be regarded as acceptable in small groups or even whole age cohorts – binge drinking and sexual promiscuity are two such examples. 

The context dependency of deviance

The context dependency of deviance simply refers to the idea that deviance is socially constructed – whether or not an act is seen as deviant depends on the historical period, the place, and the group witnessing the act.

The context dependency of deviance can be illustrated by a simple example:

Wearing a mini skirt is Deviant in Saudi Arabia:

But its clearly not on Tik Tok in Western Culture…

Task: Try to come up with your own examples which illustrate the Context Dependency of Deviance.

Discussion Question: Is there any act which is inherently deviant (deviant in every context)?

This material forms part of the introduction to the Crime and Deviance option within A-level Sociology

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How Coronavirus is changing crime and deviance

The societal reaction to Coronavirus is certainly a very stark illustration of the context dependency of crime and deviance…..

The recent emergency legislation which put the country into lockdown has made a whole swath of previously ‘normal activities’ deviant, if not criminal, and it’s changing the nature of what we think of as both criminal and deviant.

The Emergency Legislation in the UK: Grey Areas

The ‘government advice’ is that no one is allowed to go out of doors without good excuse, which includes:

  • Buying essential food and medical supplies for you own household and vulnerable people
  • Getting money, to exercise and for essential work
  • To avoid injury, illness or risk of harm. 

Social gatherings of more than two people are also banned except from within the same household.

Emergency legislation gives police the powers to enforce lockdown laws, by insisting people go home and by issuing fines of up to £60, arrest, or dispersal using reasonable force.

However, it’s unclear about what actually constitutes deviance with the above advice and legislation: the law doesn’t state how many times people are allowed out, what constitutes food, and while advice says stay local when doing exercise, it doesn’t specify what local means!

As a result, there is room for interpretation over what constitutes ‘deviant behaviour’, and the police in some areas have been more rigorous in enforcing the lockdown than in others.

So what counts as deviant in the age of the lockdown?

There is some uncertainty, but clarity seems to be emerging as the agents of social control offer more explicit guidelines on what people can and cannot do, hence why this bizarre situation is such a wonderful example of the context dependency of deviance…..

Deviant: Sunbathing, picnicking and playing sports

For example Liverpool Council have made it clear that you can go outside if you keep moving (the ticks below) but not to stop or play sports…..

The police’s reaction to various people flouting lockdown rules also gives further clarification:

Deviant: Not social distancing

People are now being fined for getting too close to other people.

The first example of this I know of was Steve Mackie, who was fined £500 for ‘repeatedly approaching people queuing‘ outside a certain branch of Tesco.

The police have also allegedly fined some runners for ‘running to close to people‘.

Deviant: letting your kids outside four times in one day

A father in the West Midlands was recently fined £680 because his son had been spotted outside by the police four times in one day. I feel sorry for this guy, I can imagine it’s tough to have to keep your teenage kids indoors at this time.

Deviant: taking a 240 mile round trip to buy bread

One guy was recently stopped by the police doing 110 MPH on the motorway, he tried to explain his driving-jolly as buying bread, but he didn’t get away with it.

Here at least is some clarity on what counts as local – not 120 miles away!

Deviant: running for more than 30 minutes?

Michael Gove recently suggested that people shouldn’t be running for more than 30 minutes….

So am I a criminal?

Upgraded to assault: spitting at key workers

Spitting or coughing at key workers may now be prosecuted as ‘common assault’. One man has already been jailed for 26 weeks for spitting at a police officer, saying he wanted to give her Covid-19.

Fair enough I say, just being a thoroughly unpleasant individual.

Coronavirus: making it easier for some ‘normal’ criminals

Meanwhile there is one criminal activity you’re less likely to be prosecuted for – watching your T.V. without a licence because enforcement letters and visits have been stopped. I guess it makes sense keeping in mind how crucial TV is for social control!

Finally, trials for all non serious crimes have been put on hold, so I guess some criminals are actually getting some extra free time to enjoy their ‘softer’ variety of lockdown (rather than jail)