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Likewise, full-body tattoos are considered deviant behavior and people who are completely tattooed are ostracized from some elements of society, but that behavior has never been considered illegal. In contrast, most people do not consider jaywalking or speeding to be extremely deviant behavior. On the contrary, most people have probably engaged in these criminal behaviors and may even be habitual offenders, but one would be unlikely to label them as criminals.
Therefore, it becomes clear that deciding what constitutes a crime is about more than deviance; it also requires the consideration of whether the behavior is harmful to anyone other than the actors and if society values those whom the behavior is harming. Looking at the example of homosexuality and tattoos; even if one considers that behavior self-destructive, it is difficult to imagine how the behavior harms anyone other than those involved in the lifestyle. In contrast, speeding and jaywalking, while far less deviant by community standards, both contribute to the risk of accidents that can cause serious injuries, financial harm, and even death. Therefore, what constitutes a crime seems to require a consideration of how deviant the behavior...
Very deviant behavior that does not harm others will rarely merit a criminal label, while mildly deviant but potentially harmful behavior will. When behavior is both very harmful and very deviant, like murder, it is not only considered criminal, but is considered a serious crime. This helps explain why hate crimes, which are really other crimes that are motivated by bias, have become an issue in modern society, but were accepted non-criminal behavior a century ago (FBI).
References
Bartol, C.R., & Bartol, A.M. (2012). Criminal Behavior: A Psychosocial Approach (Laureate
Education, Inc., custom ed.). Upper Saddle River, NJ: Pearson Education, Inc.
Burkhead, M.D. (2006). The Search for the Causes of Crime: A History of Theory in Criminology. Jefferson, NC: McFarland & Company, Inc.
Federal Bureau of Investigation. Uniform Crime Reports. Retrieved March 5, 2013 from FBI
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