Public Space Protection Orders and Criminal Behaviour Orders

Public Space Protection Orders, Criminal Behaviour Orders, and Community Protection Orders have replaced ASBOs in England and Wales. These orders allow local councils to regulate behaviour and impose restrictions in certain areas. For instance, they can prohibit specific actions like loitering, or mandate corrective treatment for offenders. These orders aim to manage antisocial behaviour and are tailored according to the severity of the transgression. However, the effectiveness of these orders has been contentious.

Public Space Protection Orders, Criminal Behaviour Orders and Community Protection Orders have largely replaced ASBOs in England and Wales. (ASBOs are still handed out in Scotland.

These three control techniques are broadly in line with Right Realist approaches to crime control.

Public Space Protection Orders

Public Space Protection Orders – are a geographically defined version of ASBOs that could severely restrict people’s freedoms in urban space.

Public Space Protection orders have been used by local councils to pass extra laws in specific areas such as parks, town centres and car parks which prohibit people from doing things such as:

  • Letting dogs of leads
  • Drinking alcohol 
  • Loitering 
  • Revving car engines
  • Riding electric scooters. 

Examples of how PSPOs are used:

Criminal Behaviour Orders (CBOs)

The criminal behaviour order (among other things) replaced ASBOs in 2014 – these still require a person to abstain from antisocial behaviour but also stipulate that the person receiving the order undergo some kind course of corrective treatment (such as an anger management course). The order will also specify who is responsible for making the person undergo the correct treatment, and this effectively means that this strategy of crime control overlaps with the more left-realist focus on intervention and community empowerment.

There were approximately just under 1000 CBOs administered per year between 2015 and 2019. Numbers dropped in 2020, but that was the lockdown year so making comparisons is difficult, given that courts were not sitting! (Source, table FOI request). 

A recent example of a Criminal Behaviour Order being applied is to two prolific shoplifters in Grantham.In May 2023 Christopher Hay and Daniel Scoffield were giving orders banning them from entering any shops in Grantham unless accompanied by a support worker or other responsible adult. This is after both of them being found guilty of numerous shoplifting offences in the past. The CBO didn’t work to stop one of them who was jailed for six months in October 2023 for having stolen goods from four stores.

Two people awarded CBOs for prolific shoplifting…

Community Prevention Notices (CPNs)

Community Prevention Notices are more likely to be handed out for minor civil disputes. For example an analysis of 15 CPNs handed out in 2019 found that 3 of them were for untidy gardens and five related to poor control of animals (NOT necessarily dangerous dogs). Moreover the analysis found that 5 of them were disproportionate. 

Comparing CPNs and CBOs

Punishment Maximum penalty How long can it last 
Criminal Protection Notice (CPN)A fine between £100 and £2500. Unlimited 
Civil Injunction Up to 2 years imprisonment or an unlimited fine (over 18)Up to a 3 month detention order (under 18)Unlimited 
Criminal Behaviour Order (CBO) Up to 5 years in prison or an unlimited fine (over 18)  Up to 2 years in a detention centre (under 18) No limit and reviewed every year (over 18) 1-3 years (under 18)

Punishments for Civil Injunctions

Signposting and sources

This material is mainly relevant to the Crime and Deviance Module within A-level sociology.

 

ASBOs – Arguments For and Against

ASBOs are a form of Zero Tolerance crime control and have been in use in the UK since 1999 – below are a few examples of how they’re used. Read them through and consider the arguments for and against using them in each case…

An ASBO for shop lifting

In 2013 jobless single mother Jade Underwood received a CRASBO banning her from 80 stores because of her serial shoplifting. She also made neighbours’ lives a misery and verbally abused mothers taking children to a nearby school.

CRASBO.jpg

Shopkeepers and neighbours told how the 5ft menace treated shoplifting like a job and blighted their lives. One said she was such a problem that the local branch of Boots in Edgeley, Stockport, stopped putting make-up out on display.

Former neighbour John Duggan, 55, said Underwood had ‘absolutely no shame whatsover’.

‘She used to wear tracksuits and looked just like Vicky Pollard from the TV show [Little Britain],’ he said. ‘She is a little toad, she’s just horrible.

But Underwood posted a defiant message on Facebook, saying: ‘Heyy yah dont bring me down, least am famouse!! Yah all whata leve meh alone.’

An ASBO for Public drunkeness and Abusive Behaviour 

A Rhondda man who was banned from hospitals for two years in a landmark ASBO case in 2012 was placed on a second order, months after the first expired.

In 2012, Geoffrey Russell Thomas, 59, became the first person in Rhondda to be given a banning order from hospitals to curb his unacceptable drunken anti-social behaviour which included continued foul, abusive, threatening and drunken abuse of residents and hospital staff.

thomas

The new ASBO means he will have spent an almost-unbroken four years subject to an order which bans him from attending any hospital anywhere, unless it is in the case of a genuine emergency or pre-arranged appointment.

He is also banned from being drunk in a public place, using abusive or threatening language or behaviour towards any other person.

Paul Mee, head of public health and protection at RCT Council, oversees the Anti Social Behaviour Unit and its work.

He said: “The disproportionate nature of this man’s offending on the wider community, including the men and women who are employed to provide care for others, means we have no choice but to continue dealing with him robustly and effectively.

“Despite a two-year order banning him from doing so, he has continued to drunkenly abuse and threaten many people, including those who were trying to help him.

“He has clearly not learned his lesson and continues to act in an anti-social, drunken, threatening and abusive manner, so we will continue to protect the public and the frontline workers who have to deal with him from this unacceptable behaviour.”

An ASBO for playing loud country music 

From 2010 – A country and western music fan has vowed to keep listening to his favourite songs, despite admitting breaching anti-social behaviour laws.

Partially-deaf Michael O’Rourke, 51, of Peterhead, admitted breaching an anti-social behaviour order (Asbo) after complaints from neighbour. Dolly Parton is among Michael O’Rourke’s favourite artists

O’Rourke commented….

“My neighbours were just being vindictive… If you’re joined onto another house you’ve got to expect a bit of noise.”

He explained: “I play my music every day. Who doesn’t like music? I like country and western, 60s music, Scottish music. I also like some of the up-to-date stuff. Why should I stop listening to my favourite music just because of a few vindictive folk? I’ll never stop playing my vinyl.”

One former neighbour said: “I wasn’t sorry to see him go. He wasn’t the best of neighbours.”

 

An ASBO for Riding your Scooter on the Pavement?

In 2009 a woman criticised police after she was sent a letter about her 12-year-old son riding his push scooter on the pavement.

scooter
The letter told Vicki Richardson that if officers were called because her son, Thomas Read, was riding his scooter again he could be given an asbo.

She wrote to Hucknall Police Station in Nottingham about the letter as her son thought he would get into trouble for going out to play.

A police spokesman said the action was part of their policy to control anti-social behaviour.

For more examples of ‘dubious’ ASBOs check out ‘Statewatch‘.

Late Modernity, Social Exclusion and Crime

Jock Young (1999) argues we are now living in a late modern society characterised by instability, insecurity and exclusion, which make the problem of crime worse.

Structurally and economically there is much more insecurity and marginalisation than ever, but culturally there is more pressure to publicise how successful you are, even if you don’t have the means.

This is really an application of Merton’s anomie theory, but the nature of ‘strain’ between legitimate means and ends is different, more constant and more severe.

Mind Map summarising Jock Young's (1999) The Exclusive Society.

Increasing Insecurity and marginalisation

Young contrasts today’s society (since the 1970s) with the period preceding it, arguing that the 1950s and 60s represented a golden age of modern capitalist society. This was a period of stability, security and social inclusion, characterised by full employment and a well functioning welfare state. There was also low divorce, rate, strong communities and a general consensus about right and wrong, and crime rates were very much lower.

Since the 1970s, however, society has become a lot more unstable. De-industrialisation and the corresponding decline of unskilled manual jobs has led to increased unemployment, underemployment and poverty, especially for young people. These changes have also destabilised family and community life and contributed to rising divorce rates, as have New Right policies designed to hold back welfare spending. All of this has contributed to increased marginalisation and exclusion of those at the bottom.

A Media saturated society

However, just as more and more people are suffering from the economic exclusion described above, we now live in a media saturated society which stresses the importance of leisure, personal consumption and immediate gratification as the means whereby we should achieve the ‘good life’.

The media today generally informs us that the following are normal and desirable – in in order to belong to society we are required to do the following:

  • We need to have high levels of consumption – and buying now, paying later, and debt are seen as legitimate strategies for maintaining our consumption levels.
  • We need to have active leisure lives and publicise this – in effect we should turn ourselves into mini-celebrities – in short, we need to be somebody.
  • We should strive to achieve success ourselves rather than depending on others. Anyone can be successful if they try hard enough is the message.

Crime in Late Modernity

Young essentially applies Merton’s Strain Theory to explain crime in late modernity. He argues that today there are millions of people (just in the UK) who will never earn enough money to live a high-consumption, celebrity lifestyle, and this results in many people suffering relative deprivation, and frustration (basically anomie).

However, Young goes beyond Merton by arguing that deviant and criminal behaviour become a means whereby people can not only attempt to realise material goals, but crime can also the means whereby they can seek to achieve celebrity, or simply to seek a temporary emotional release from the anomic-frustrations of coping with the usual contradictions and pressures of living in late-modernity.

Two further consequence of the trend towards economic exclusion combined with the media message of ‘cultural inclusion through consumption and celebrity’ are firstly that crime is more widespread and found increasingly throughout the social structure, not just at the bottom, and secondly crime is nastier, with an increase in ‘hate-crimes’.

Examples of attempts to achieve celebrity through deviance include extreme-subcultures, or any form of extreme ‘one-upmanship’ videos on YouTube, while examples at escapism include binge-drinking and violence at the weekends. Young also argues that the anomie and frustration generated in late-modernity also explains the increase in more serious crimes such as hate-crimes against minority groups and asylum seekers.

Evaluating Jock Young’s theory of crime in Late Modernity

These ideas can add a new dimension to our understanding of the causes of crime and deviance – particularly with regard to the non-economic reasons why people commit crimes – those acts which seemingly have no monetary reward, by focusing on the emotions and feelings involved in offending.

Young argues against the idea that crime is committed when there are available opportunities (rational choice theory) or lack of controls against criminal behaviour. He says that crime here is depicted as quite a routine and logical act, and something which we, the victims, have to protect ourselves against.

Young argues that these approaches do not explain why why crime is such an attractive option for so many young people (particularly young men). He says that there are many crimes such as drug use and vandalism, joyriding and even rape and murder, which clearly involve much more than a simple rational choice. There is obviously something much more appealing for those involved in crimes such as street robbery than the promise of (very small) profits on offer.

Signposting and Sources

This material is mainly relevant to the Crime and Deviance Module. This is part of the A-level sociology (AQA) specification.

Jock Young (1999) The Exclusive Society.

You might also like… Jock Young (2007) The Vertigo of Late Modernity.

 

Right Realist Criminology

Right Realism believes individuals make a rational choice to commit crime, and emphasises tough control measures to reduce crime – such as zero tolerance policing.

By the end of the 1970s Marxist and Interactionist approaches to crime were beginning to lose their popularity in criminology. The basic problem was that these approaches weren’t that useful in actually helping to control or reduce crime – knowing that crime is an outgrowth of capitalism, for example, doesn’t offer any practical solutions to preventing burglary, other than abolishing capitalism, which, let’s face it, isn’t that likely to happen. Similarly, Interactionist approaches which saw crime as socially constructed, and thus not ‘real’ didn’t do much to help the millions of victims who were victims of actual rising crime rates in the 1970s and 80s.

Hence by the beginning of the 1980s, Realist criminology emerged, which differed from previous approaches such as Marxism and Interactionism because it thought criminologists should abandoned grand theorising about the ultimate causes of crime; they should work with governments to develop practical solutions to crime; and they should take seriously the widespread public fear of crime.

Realist Criminology differs to previous criminological theories because….

  1. They abandon ‘Grand Theories’ such as Marxism. They are not interested in looking at the ‘deep structural causes’ such as Capitalism – It is not Criminologists’ job to get rid of Capitalism so it is pointless focussing on it.
  2. They are more ‘pragmatic’. They ask how governments can reduce crime here and now, and work within the constraints of the social system.
  3. They take a victim- centred approach to crime, putting victims and the public’s concern about crime at the centre of theorising and policy making.

Realist approaches emerged in the 1970s and 80s in the context of right wing neoliberal governments coming to power in both the United States and the United Kingdom. Although neoliberal governments favoured policies of lower taxation and the rolling back of the welfare state, the one area where the state did have a a role to play was in the maintenance of law and order, and realists take a tough approach to offenders, generally emphasising the increased use of police and punishment to keep crime rates in check.

Right and Left Realism

There are two types of realism – both share the above features in common, but there are significant differences:

Right Realism is associated with the right wing neoliberal government of Margaret Thatcher which came to power in 1979, although most of the governments which followed have adopted more right realist policies.

Right Realists Reject the idea put forward by Marxists that deeper structural or economic factors such as poverty are the causes of crime – they mainly hold that the individual is responsible for crime – although they do accept that high levels of ‘social disorder’ and low levels of ‘social control’ are associated with higher crime rates. Right Realism tends to focus on the individual as being responsible for crime, arguing that we need to get tough on criminals to reduce crime.

Left Realists on the other hand are more left wing and and argue that inequality is the main cause of crime and we need more community interventions to reduce crime.

Mind map summarising the right realist perspectives on crime.

Right Realism – The Causes of Crime

Although they aren’t especially interested in the causes, they still have a theory of what ‘causes crime’ – The two main theories about the causes of crime associated with Right Realism are ‘Rational Choice Theory’, ‘Broken Windows Theory’, and Charles Murray’s Underclass Theory (also a form of subcultural theory).

Rational Choice theory

An important element in the right realist theory of crime is the idea that crime is a matter of individual choice – individuals choose to commit crime.

Rational Choice Theory states that most criminals are rational actors. If the criminal calculates that the risk of getting caught is low, or that the punishment if caught will not be severe, then they are more likely to commit crime, assuming the reward for doing that crime is high enough. They are rational in that they weigh up the costs and benefits in order to assess whether a crime is worth committing.

What rational choice theory predicts is that crime will increase if the following happens:

  • If crime brings higher rewards relative to working within the rules of society. Rewards could be material, or they could be things like higher status or more security.
  • There is no risk of getting caught committing a crime
  • There is no punishment for crime

Routine Activities Theory

Rational choice theory has been developed by Cohen and Felson in their ‘Routine Activities Theory’ (1979). They argued that in most circumstances social control mechanisms, lack of opportunity and/ or the risk of getting caught prevented crime from taking place. Crime therefore needed three conditions to take place:

  1. Individuals who were motivated to offend
  2. The availability of opportunity and targets
  3. The lack of capable guardians such as parents or police who might prevent crime occurring.

Most crime in their view was opportunistic, rather than planned in advance. Therefore, if individuals motivated to commit crimes encountered easy opportunities to commit them in the routine activities of their daily lives then crime was more likely to occur.

Criticisms of Rational Choice Theory

Rational Choice Theory rests on a fiction of ‘economic man’. Economic man is continually looking for opportunities to maximise his personal gains, making immoral and asocial choices if this helps him achieve his goals. 

Economic man does not have a past, or complex motives, a rich social life or even a social identity.  He just muddles through satisfying based on imperfect information. 

RTC on analyses piecemeal episodes, not context. It treats the individual as just acting in the moment, on his own. It doesn’t take into account his social background, or wider social injustice factors.

Broken Windows Theory (Wilson and Kelling 1982)

broken windows

This approach is based on James Q. Wilson and George Kelling’s (1982) article ‘Broken Windows’, which has been described as ‘perhaps the most influential single article on crime prevention ever written’. (Downes, 1992).

Wilson and Kelling use the the phrase ‘broken windows’ to stand for all the various signs of disorder and lack of concern for others that are found in some neighbourhoods. This includes undue noise, graffiti, begging, dog fouling ,littering, vandalism and so on. They argue that leaving broken windows unrepaired, tolerating aggressive behaviour etc. sends out a signal that no one cares.

In such neighbourhoods, there is an absence of both formal social control and informal social control (the police and the community respectively). The policy are only concerned with serious crime and turn a blind eye to petty nuisance behaviour, while members of the community feel intimidated and powerless. Without remedial action, the situation deteriorates, tipping the neighbourhood into a spiral of decline. Respectable people move out (if they can) and the area becomes a magnet for deviants.

Charles Murray and the Underclass

Charles Murray argued that changes to family structure was responsible for much of the increase in the crime rate in the 1970s and 80s – he largely attributes the growth of crime because of a growing underclass or ‘new rabble’ who are defined by their deviant behaviour and fail to socialise their children properly. The children of the underclass fail to learn self-control and also fail to learn the difference between right and wrong.

The underclass has increased because of increasing welfare dependency. Murray argues that increasingly generous welfare benefits since the 1960s have led to increasing numbers of people to become dependent on the state. This has led to to the decline of marriage and the growth of lone parent families, because women can now live off benefits rather than having to get married to have children. This also means that men no longer have to take responsibility for supporting their families, so they no longer need to work.

According to Murry, lone mothers are ineffective agents of socialisation, especially for boys. Absent fathers mean than boys lack paternal discipline and appropriate male role models. As a result, young males turn to other, delinquent role models on the street to gain status through crime rather than supporting their families through a steady job.

Increasing crime is effectively a result of children growing up surrounded by delinquent, deviant criminal adults which creates a perfect crimogenic environment.

For Murray, the underclass is not only a source of crime, its very existence threatens society’s cohesion by undermining the values of hard work and personal responsibility.

Evaluations – THINK about the following…

  1. Supporting Evidence: Crimes this theory can explain – Is there any statistical evidence or case study* evidence which supports this theory?
  2. Criticising evidence: Crimes this theory cannot explain – Is there any statistical evidence or case study evidence which criticises this theory?
  3. Evaluate using other perspectives – What does the theory under investigation ignore?
  4. Historical evaluation – Has society changed so much that the theory is just no longer relevant
  5. Evaluate in terms of ideology/ power – Is the theory biased, does it serve the powerful ?

Right Realism – Controlling Crime

Right realists emphasise two main techniques of crime control – situational crime prevention, and environmental crime prevention, both of which involve making it harder for criminals to commit crime and increasing the risk of getting caught committing crime, thus making crime a less attractive proposition to prospective criminals.

  • Situational Crime Prevention involves protecting specific targets from potential criminals – by putting window locks on windows, or putting CCTV in a shop for example.
  • Environmental Crime Prevention focusses on making whole neighbourhoods or larger areas more crime-resistant, through putting more police on the streets for example, or adopting a more ‘Zero Tolerance’ approach to minor crimes.

Situational Crime Prevention (SCP)

Situational crime prevention policies focus on the specific point at which potential victims and criminals come together, making it harder for the criminal to commit crime. They stem directly from Rational Choice Theory and involve either reducing the opportunity for people to commit crime or increasing the risk of getting caught when committing a crime.

situational crime prevention

There are two basic ways you can do this – through increasing surveillance of the population (monitoring their behaviour and making them aware of the fact they are being monitored) and target hardening (making buildings, objects and people harder to steal or kidnap or damage).

Marcus Felson (1998) gives an example of a situational crime prevention strategy. The Port Authority bus terminal in New York City was poorly designed and provided opportunities for crimes – for example the toilets were a good place to steal luggage, deal drugs and engage in homosexual sex. Re-shaping the physical environment to ‘design out’ crime led to a large reduction in crime. For example, replacing the large sinks which homeless people used for washing reduced the numbers of homeless people hanging around the bus station.

Another example of where situational crime prevention has been successful is around suicide prevention. In the early 1960s, around half of all suicides in Britain were the result of gassing. At that time, Britain’s gas supply came from highly toxic coal gas, but from the 1960s coal gas was gradually replaced by less toxic natural gas, and by 1997, suicides from gassing had fallen to bear zero, with the suicide rate overall witnessing a corresponding decline (ie people hadn’t simply switched to other means of killing themselves.

Other policies associated with Right Realism include ASBOs and the use of prison sentences for minor crimes.

Evaluations of Situational Crime Prevention

One of the major reasons why governments find such policies so appealing is because they are relatively cheap and simple to implement. Situational crime prevention techniques can be carried out by a wide range of actors – not only formal social control agencies such as the government, police but also local councils, schools, business and private individuals can make their property and possessions harder to burgle or steal relatively easily.

The Port Authority Bus Terminal Building is an example where this worked. Newburn (2013) points to an obvious link between improved car security measures and reduced car crime.

Limitations of situational crime prevention
  • Ignores factors such as inequality and deprivation as causes of crime (Garland 2001).
  • Ignores the role of emotion and thrill as a cause of crime (Lyng 1990)
  • Only tackles opportunistic street crime – won’t work for DV, white collar crime, or state crime.
  • It leads to crime displacement. – One criticism of situational crime prevention measures is that they do not reduce crime, they simply displace it, or make it move to another place or another time. After all, if criminals are acting rationally, they will simply move on to easier targets.
  • It creates divided ‘Fortress cities’ (Bauman), as the wealthy hide away behind gated communities leaving poorer people in the ‘mean streets’ outside.

Environmental Crime Prevention

Environmental crime prevention strategies involve changing the broader area or environment in which crime occurs through increasing formal and informal social control measures in order to clamp down on anti-social behaviour and prevent an area from deteriorating. These strategies tend to rely much more heavily on the police than situational crime prevention strategies.

Environmental Crime Prevention strategies stem directly from Wilson and Kelling’s Broken Window’s theory which suggests that disorder and the absence of controls leads to crime. Examples of ECP policies include Zero Tolerance Policing, ASBOs, curfews, street drinking bans, dispersal orders and the three strikes rule in America.

Zero Tolerance Policing

Zero Tolerance Policing involves strictly enforcing penalties for relatively minor crimes or anti-social behaviour such as begging, drug possession, public drinking.

This approach was famously used to crack down on rapidly increasing crime in New York City in the 1980s, which was suffering from a crime epidemic, linked to high levels crack-cocaine use a that time.

Specific examples of Zero Tolerance approaches adopted at that time included a ‘clean car program’ which was instituted on the subway, in which tube-cars were taken out of service immediately if they had any graffiti on them, only being returned once clean. As a result graffiti was largely removed from the subways.

Other successful programmes were put in place to tackle fair dodging, drug dealing and begging. This resulted in a 50% reduction in crime in New York City between the years 1993 and 1996.

Evaluations of Environmental Crime Prevention

  • The New York ‘Zero Tolerance’ study suggests that zero tolerance policies work to reduce crime.
  • HOWEVER, Levitt and Dubner in Freakonomics found that this correlation was coincidental – other factors were responsible for the decline in crime.
  • It is more expensive than situational crime prevention – it takes a lot of police to patrol an area and clamp down on anti-social behaviour.
  • Reiner (2015) argues that the police would be better deployed focusing on more serious crime hot spots rather than clamping down on minor forms of anti-social behaviour.
  • From an Interactionist perspective, giving more power to the police will just lead to more labelling and more criminal careers.

Rational Choice Theory/ Right Realism and Crime Control Methods (FULLER VERSION)

Below is a more comprehensive list of crime control methods from a rational choice/ right realist perspective:

Increasing the effort needed to commit crime

  • Target Hardening – defending objects by shields and other devices.
  • Access control – making it difficult for predators to approach targets.
  • Deflecting offenders – encouraging them to act in a legitimate manner by graffiti boards, litter bins.
  • Controlling facilitators – checks on selling vapes and cigarettes.

Increasing the risk of offending 

  • screening of people – searches – stop and search, bag checks, borders. 
  • Formal surveillance by more police.
  • Employee surveillance – train guards.
  • Natural surveillance – lowering hedges, cctv.

Reducing the rewards…

  • Target removal.
  • Cards not cash – less cash.
  • Removal of rewards – quick clear up of graffiti.
  • Property identification. For example markers on phones and laptops.
  • Clear rule setting – such as with tax regulations.
Signposting and Related Posts

For more please see my main page on crime and deviance.

Right Realist Criminology is usually followed by Left Realist Criminology 

Please click here to return to the homepage – ReviseSociology.com

Evaluating the Marxist Perspective on Crime (part 1)

All of the material below takes you to evidence that broadly supports two ideas held by Marxists about Crime – you could also use the examples from the ‘data response exercise – no.2 above.

 Are the crimes of the capitalist class more costly than street crime?

To what extent is Capitalism Crimogenic?

The theory of crimogenic capitalism suggests that Capitalism encourages selfishness, materialism and non-caring attitudes, it breeds a dog-eat-dog society. The link below takes you to an example of some of the worst cases of Corporate harms. To what extent do you think Capitalism breeds crime in society?

Is law enforcement selective?

There are quite a few case studies of members of the elite classes seemingly getting away with crime. NB All of the material below is also backs up the Marxist idea that all classes commit crime (part of point 2).

Subcultural Theories of Crime – A Summary

Introduction/ The basics

  • Subcultural Theory explains deviance in terms of a deviant group, split apart from the rest of the society which encourages deviance

  • Historical Period: The 1940s- 60S, Underclass Theory – 1980s

Albert Cohen: Status Frustration

  • working class boys try to gain status within school and fail, thus suffer status frustration

  • Some such boys find each-other and form a subculture

  • status is gained within the subculture by breaking mainstream rules.

Cloward and Ohlin: Illegitimate Opportunity Structure (IOS)

  • A combination of strain theory and subcultural theory

  • The type of subculture an individual joins depends on existing subcultures (which form an IOS)

  • There are three types of subculture: Criminal (working class areas/ organised petit crime), Conflict (less table populations), and Retreatist (e.g. drug subcultures) which C and O saw as being formed by people who lacked the skills to join the former two).

Walter Miller: Focal Concerns

  • Saw the lower working class as a subculture with its own set of unique values

  • Working class culture emphasised six focal concerns (or core values) which encouraged criminal behaviour amongst working class youth.

  • Three examples of these focal concerns where toughness (physical prowess), excitement (risk-taking) and smartness (being street-smart)

Charles Murray: Underclass Theory

By the 1980s an Underclass had emerged in Britain.

  • Key features = long term unemployment, high rates of teen pregnancies and single parent households

  • Means children are not socialised into mainstream norms and values and have become NEETS

  • The underclass is 20 times more criminal than the rest of society.

Overall Evaluations of Subcultural Theories of Crime

Positive Negative
  • Unlike Bonds of Attachment Theory recognises that much crime is done in groups, not lone individuals
  • Unlike Functionalism does not see crime as functional.
X – Contemporary research shows gang (subculture) membership is more fluid than the above research stuggests

X – Recent research shows that the underclass doesn’t really exist and working class culture is more complex

X – There is a much wider variety of subcultures today

X – Ignores the role of agents of social control labelling in subculture formation

X – Underclass Theory is ideological – based on moral panics

X – Marxism: ignores the crimes of the elite.