NCJ Number
65270
Date Published
1978
Length
227 pages
Annotation
FOCUSING ON SHELLFISHING VIOLATIONS IN A NEW ENGLAND COMMUNITY AS AN EXAMPLE OF FOLK CRIME, THIS STUDY EMPLOYS A COMBINED SYSTEMS-INTERACTIONAL PERSPECTIVE TO ACCOUNT FOR THIS TYPE OF CRIME.
Abstract
OFTEN IGNORED BY TRADITIONAL CRIMINOLOGICAL THEORY, FOLK CRIMES ARE THOSE COMMITTED REPEATEDLY BY THE SAME OFFENDERS, ARE WELL KNOWN IN THE OFFENDERS' COMMUNITY, AND DO NOT IMPAIR THE OFFENDERS' PUBLIC IDENTITY AS RESPECTABLE AND LAW-ABIDING CITIZENS. TO OVERCOME THE TRADITIONAL BIAS IN CRIMINOLOGY AND TO TEST THE ASSUMPTIONS OF THE SOCIOLOGY OF CRIME, OBSERVATIONS WERE MADE OF THE CONSERVATION OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES AND THE VIOLATORS OF LAWS GOVERNING THE CONSERVATION OF SHELLFISH IN A NEW ENGLAND COMMUNITY. INSTANCES OF LAWBREAKING AND ENFORCEMENT ARE IDENTIFIED, AS ARE THE ATTITUDES OF THE ENFORCERS, THE SHELLFISHERMEN, AND THE COMMUNITY. AN ATTEMPT IS MADE TO DEVELOP A MODEL APPLICABLE TO A LARGER CLASS OF CRIMES OF WHICH THE SHELLFISHERMEN'S VIOLATIONS ARE BUT ONE PART. WHAT IS FOUND IS THAT THE NONLABELING BY OFFICIAL AGENTS OF SOCIAL CONTROL IS, THROUGH THE PROCESS OF ACCOMMODATION, A FORM OF TACIT APPROVAL OF THE BEHAVIOR WHEN PERFORMED BY CERTAIN PEOPLE UNDER CERTAIN CIRCUMSTANCES. THE ACCOMMODATION IS, IN PART, A CONSEQUENCE OF THE WARDENS' PERCEPTION OF FOLK CRIME AS BEING QUALITATIVELY DIFFERENT FROM OTHER VIOLATIONS OF THE SAME LAW WHEN COMMITTED BY OTHER PEOPLE AND UNDER OTHER CIRCUMSTANCES. THUS BEHAVIOR SHOULD BE SEEN AS MULTILATERAL OR INTERACTIVE; THE 'CAUSES' OF BEHAVIOR LIE IN THE COMPLEX INTERACTIONS OF ACTORS, AUDIENCE, AND SOCIAL CONTEXT. THE PATTERN IS ALSO FOUND TO HOLD FOR MOONSHINING AND DEER POACHING. THAT ACCOMODATION OCCURS IN VIOLATIONS OF THE FOLK CRIME TYPE APPEARS TO BE CRUCIAL TO THE PERSISTENCE OF THE ILLEGAL BEHAVIOR. FOOTNOTES AND A BIBLIOGRAPHY ARE INCLUDED. A DISCUSSION OF THE FIELD STUDY AND THE DEVELOPMENT OF GENERALIZATIONS IS APPENDED. (WJR)