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DIFFERENTIAL ASSOCIATION AND ROOTS OF CRIMINALITY

Analysis of the impact of social influence on criminal behaviour in contemporary times via Sutherland’s Differential Association Theory. The analysis explains how criminal behavior is

Analysis of the impact of social influence on criminal behaviour in contemporary times via Sutherland’s Differential Association Theory. The analysis explains how criminal behavior is learned through social interactions and associations. The blog aims to study the relevance and application of the theory in contemporary times. It has attempted to bridge the theory with modern-day deviants like social media and OTT platforms and also suggests practical measures to reduce delinquency.  

INTRODUCTION

Criminal behavior is not a genetic trait that a person acquires by birth. A criminal never gives birth to a criminal but may transform him into one. Criminal behavior is not inbuilt; it is learned. The findings of Clifford Shaw and Henry McKay of the Chicago School in developing the ecological model state, “Criminal attitudes and behaviors are said to be passed on through cultural transmissions. There is a continuity of contact with other delinquents and a tendency to pass down criminal techniques.” Numerous theories have been developed regarding criminology. However, the most prominent contribution is Sutherland’s Differential Association Theory, cited in his work Principles of Criminology (1939).  The theory explains that an individual learns delinquent behavior through socialization. If delinquent norms are predominant in a group, then it is most likely to form another delinquent. The ideas of French Sociologist Tarde inspired Sutherland to determine delinquent behavior. He stated that “people learn delinquent behavior through imitation and association, just as they learn to pursue a profession.”

 His attitude is also expressed in the statement, “All important actions of social life are performed under the influence of an example. One kills or one does not kill because they imitate the others.” 

In his esteemed work Principles of Criminology, Sutherland finds that “criminal behavior is learned in interaction with other persons as a process of communication… When the criminal behavior is learned, the learning includes 

  1. Techniques of committing the crime, complicated or simple
  2. The specific direction of motives, drives, rationalizations, and attitudes.”

Our social norms are so ingrained in criminality that we tend to dismiss some of our social behaviors as criminal, and victimization is frequently dismissed as a minor incident that went unreported out of embarrassment. White-collar criminality is a prominent example. Scalping concert tickets at a large scale, where people buy tickets to concerts at an exceptionally higher price, sounds typical to the public. However, scalping tickets is a criminal act, but the social design and the association of people all over the years fail to see it as an offense. 

In simple terms, a child who grows up playing and associating with pickpocketers and petty thieves. He probably learns such behavior and is influenced to perform similar acts. The association is not always through humans but through reading books, television, the internet, etc. Similarly, research has found a relationship between the rising surge in sexual offenses against women and pornography.

RELEVANCE OF THE THEORY

To understand this theory’s relevance, it is appropriate to look into real scenarios. We take up the example of a prison.  A person is imprisoned for a less serious offense and might not be inclined towards a more serious offense but may learn and acquire the criminal mindset of other criminals during imprisonment. Another such example is corruption. Social influence and peer pressure can easily promote delinquent behavior in the workplace. When business fraud occurs, and the practices are necessary for operating a business, it encourages other businessmen to commit crimes. Differential associations can be easily identified in the business sector, where the new ones learn unethical practices as strategies in business.

IMPACT OF THE THEORY TODAY

Even after years, the theory remains relevant in criminology. With the advent of technology and the formation of different social groups, the landscape of this theory and criminology has been reshaped. The main idea of this theory has extended towards emerging forms of crimes such as cybercrimes, white-collar crimes, sexual child abuse, etc. Today’s social factors are not just intimate groups, books, and television but also social media, pornography, etc. It is important to know how these forms of associations have affected criminal behavior to understand the impact of this theory. The role of pornography in the rise of sexual offenses has much evidentiary value. Research by the Government of the UK for the Government Equalities Office has the key finding:

“The majority of the frontline workers spontaneously mentioned pornography as an influential factor for harmful sexual behavior towards women and girls. All acknowledged it as a factor when it was later introduced in the discussion.”

Social media has now become an indispensable part of our lives. People tend to spend more time with their media accounts than stepping out and associating with people in real life.  Social media has a strong influencing capacity, which might even contribute to the criminal behavior of the concerned. The criminal minds have just found another aid in the form of technology. Sutherland’s Differential Association Theory fairly applies to the new forms of communication. Communication in small groups has now been partially replaced by social media platforms and online uncensored content. A person behind the screen who is anonymous to the world with almost no monitoring is encouraged to participate in activities that may be offensive. The major factors are accessibility and anonymity offered by online platforms, the global reach of internet connectivity, and the proliferation of digital communication tools. In a recent incident, former CJI DY Chandrachud filed a cyber complaint against a social media account impersonating him.   The incident simply indicates the social influence and online learning of the offender, which explains the easy accessibility of technical knowledge and its abuse as a contributing factor. 

Another such social influence is the uncensored content on OTT platforms. There are no censor boards on OTT platforms in India. These platforms help shape public opinion on crime, laws, and other social issues. On the one hand, they can help people better understand laws and moral duty, but misrepresentation can also be a bad influence. The research shows that “access to materials, such as violent films, TV series, and graphic material, is made possible via over-the-top (OTT) platforms. This might lead viewers to become less sensitive to aggressive conduct and normalize criminal activity. Studies indicate a connection between media violence exposure and aggressive conduct, especially in susceptible groups like adolescents and young adults.” The impact of the theory has proved to be relevant, and the scope has been widened with the introduction of technology. However, Sutherland’s theory is still criticized due to a lack of discussion on differences in personality traits, amenability, and ability to determine delinquent behavior. Such factors may not be part of the theory but play a role in practice. The theory fails to explain the reason behind the delinquent behavior by solely focusing on how such behavior is acquired. 

Conclusion

Differential Association Theory has shown how the social environment affects an individual’s behavior. The theory recognizes deviant behavior, which can result in delinquency. The theory’s rooted principle is relevant in understanding criminal mindset today. As the theory touches upon modern-day technological advancements, it implies an urge to strengthen laws on the misuse of technology and a better understanding of the digital world. To minimize deviant behavior, there is a strict need to build a safe and sound social network, especially for younger ones. Monitoring the use of technology, educational activities, and counseling could help in identifying and correcting deviant behavior. Both the individual and the community should put forth effort for better results. The policy formulations should be more oriented toward the social-interaction approach to combat fast-growing delinquent behavior. Overall, social structure and associations play a key role in the development of a criminal mindset. 

Author(s) Name: Esha Singh (Faculty of Law, Delhi University)



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