NCJ Number
126345
Date Published
1986
Length
15 pages
Annotation
In analyzing the extent to which social class determines patterns of criminality, the authors suggest that punishment will be greatest where it is deserved the least.
Abstract
Relying on a sociology of structured choice, the authors argue that the distribution of incentives and motivations throughout the class structure is such that lower class persons are more likely to commit crimes that are the most frequently and severely punished. In philosophical terms, the retributive formula for punishment is clear: punish in proportion to offense gravity and offender culpability. In the real world, however, distributing punishment in a fair and just manner is not easy, especially in a world characterized by tremendous disparities in life chances and choices. Privileged persons do not receive the amount of punishment they deserve, and persons in deprived socioeconomic circumstances deserve less punishment than they receive. Assuming a sentencing scheme in which judges have some latitude in considering aggravating and mitigating circumstances, it is suggested that extreme socioeconomic deprivation be considered a mitigating factor for persons convicted of street crimes. Some mechanism must be found to compensate for unjust, class-based discrepancies in punishment to acknowledge that socioeconomic circumstances provide differential incentives and motivations for criminal behavior.