Morality | Definition

Doc's CJ Glossary by Adam J. McKee

Morality in criminology refers to the principles of right and wrong that influence laws, criminal behavior, and the justice system’s response to crime.

Understanding Morality in Criminology

Morality plays a crucial role in shaping criminal law, determining what society considers deviant, and guiding legal and social responses to crime. Criminologists study morality to understand how ethical beliefs influence crime rates, the development of laws, and how offenders justify their actions.

Moral values vary across cultures and change over time. What one society considers criminal may be acceptable in another. For example, alcohol prohibition in the U.S. during the early 20th century was based on moral concerns but later reversed due to shifting public opinion. Similarly, laws regarding drug use, gambling, and same-sex relationships have changed based on evolving moral perspectives.

This section explores how morality influences criminology, including moral development theories, the role of ethics in law enforcement, and the moral justifications criminals use for their actions.

The Role of Morality in Defining Crime

Morality shapes the legal definitions of crime. Many laws reflect moral values, such as those against murder, theft, and assault. However, some crimes, like drug offenses or prostitution, are considered “mala prohibita“—wrong because they are prohibited by law rather than inherently evil.

The distinction between mala in se (acts that are inherently wrong) and mala prohibita (acts that are illegal but not necessarily immoral) highlights the moral foundations of law. For instance, murder and sexual assault are almost universally condemned, while laws regarding gambling, drug use, or euthanasia differ significantly across societies.

Religious beliefs often influence legal codes. Many laws, such as those against theft and perjury, originate from religious teachings. However, in secular societies, morality is shaped more by cultural values, philosophical reasoning, and social consensus rather than religious doctrine.

Theories of Moral Development in Criminology

Criminologists study moral development to understand why some individuals engage in criminal behavior while others do not. Several psychological and sociological theories explain how morality develops and its connection to crime.

Kohlberg’s Stages of Moral Development

Psychologist Lawrence Kohlberg proposed a six-stage theory of moral development, which explains how people progress in their moral reasoning:

  1. Preconventional Level (Childhood)
    • Stage 1: Obedience and punishment (avoiding punishment)
    • Stage 2: Self-interest (seeking rewards)
  2. Conventional Level (Adolescence & Adulthood)
    • Stage 3: Conformity (seeking social approval)
    • Stage 4: Law and order (respecting authority and rules)
  3. Postconventional Level (Advanced Moral Reasoning)
    • Stage 5: Social contract (understanding laws as agreements that can change)
    • Stage 6: Universal ethical principles (following personal moral principles, even against the law)

Kohlberg’s theory helps explain why some people break laws they believe are unjust (such as civil disobedience) and why others strictly follow laws regardless of their moral beliefs. Criminal behavior may result from arrested moral development, where individuals fail to progress beyond self-interest or peer influence.

Durkheim and the Collective Conscience

Sociologist Émile Durkheim argued that morality is a collective force that binds society together. He introduced the concept of the collective conscience—shared moral beliefs that define acceptable behavior. When individuals violate these moral norms, society reacts through punishment to reinforce moral order.

Durkheim believed that as societies evolve, morality becomes more individualistic, leading to conflicts about what is right or wrong. This shift can result in anomie, a state of normlessness where traditional moral guidelines weaken, sometimes leading to crime.

The Moral Justifications for Criminal Behavior

Criminals often use moral reasoning to justify their actions, allowing them to maintain a sense of self-worth despite engaging in unlawful behavior. Criminologist Gresham Sykes and sociologist David Matza identified five key techniques of neutralization, which are cognitive strategies offenders use to excuse or rationalize their crimes. These justifications help them avoid guilt, deflect blame, and continue their behavior without feeling like “bad” individuals. Understanding these techniques provides insight into criminal psychology and helps law enforcement, policymakers, and rehabilitation programs address the root causes of criminal conduct.

Denial of Responsibility

One of the most common justifications for criminal behavior is the denial of responsibility. Offenders using this technique argue that their actions were beyond their control, blaming external forces rather than accepting personal accountability. They might claim that they were influenced by peer pressure, an abusive upbringing, addiction, mental illness, or even societal oppression. For example, a person caught shoplifting might argue that they were forced into it by financial hardship or manipulation by friends. By shifting the blame to outside influences, offenders can distance themselves from the moral implications of their crimes. This mindset can be particularly dangerous in organized crime and gang activity, where individuals see themselves as merely following orders rather than making independent moral choices. The denial of responsibility can also be seen in white-collar crime, where corporate executives may argue that unethical business practices were simply part of the company culture or industry norms.

Denial of Injury

Another common technique is the denial of injury, in which offenders claim that their actions did not actually harm anyone, reducing the moral weight of their crime. This justification is frequently used in property crimes, such as theft, vandalism, or fraud, where perpetrators argue that the victim is wealthy, insured, or otherwise unaffected by the offense. A shoplifter, for instance, may rationalize stealing from a large retail chain by insisting that “big corporations make millions and won’t miss a few stolen items.” Similarly, a hacker who commits cybercrimes like data breaches or software piracy may argue that no real damage is done since digital products are easily replicable. This form of moral reasoning allows offenders to downplay the consequences of their actions, making it easier for them to continue engaging in illegal behavior. However, even in cases where the harm is not physically evident, victims may experience financial loss, emotional distress, or other indirect damages. Recognizing and challenging the denial of injury is important for law enforcement and the justice system when addressing crimes that may not immediately appear to have victims.

Denial of the Victim

The denial of the victim technique involves offenders justifying their actions by portraying the victim as deserving of the harm they received. This reasoning allows criminals to shift blame onto the victim, suggesting that the crime was a form of retaliation or justice rather than an unjustified act. For instance, a person who commits assault may claim that their victim provoked them through insults or aggressive behavior. Similarly, someone who vandalizes property may argue that the owner was unfair or exploitative, making the crime an act of retribution. In cases of fraud or scams, perpetrators sometimes justify their actions by saying their victims were naïve or careless, implying that they “brought it upon themselves.” This technique is particularly common in hate crimes and acts of revenge, where offenders see their actions as a justified response to perceived wrongdoing. By dehumanizing or blaming the victim, criminals can suppress feelings of guilt and continue engaging in harmful behavior. Understanding this justification is crucial in victim advocacy, as it highlights how offenders manipulate moral reasoning to escape accountability.

Condemnation of the Condemners

The condemnation of the condemners technique shifts the focus away from the offender and onto those who enforce laws or judge criminal behavior. Offenders using this justification argue that the authorities, legal system, or society as a whole is corrupt, hypocritical, or unjust. For example, a drug dealer might claim that law enforcement is just as criminal as they are, pointing to cases of police brutality or political corruption. A white-collar criminal convicted of embezzlement might argue that government officials also engage in financial misconduct, making their actions no worse than those in power. This technique allows offenders to avoid self-reflection by portraying themselves as victims of an unfair system rather than individuals responsible for their choices. It is particularly prevalent among individuals involved in anti-establishment movements, where the law is viewed as oppressive or discriminatory. While some criticisms of the justice system may be valid, using them to justify personal criminal behavior undermines the need for accountability. Addressing this mindset requires restoring trust in institutions and ensuring that justice is applied fairly and consistently.

Appeal to Higher Loyalties

The appeal to higher loyalties technique occurs when offenders justify their actions by claiming they were acting in service of a greater cause, such as loyalty to a friend, family member, gang, or ideological belief. This justification is frequently seen in gang violence, terrorism, and political extremism, where individuals argue that their crimes were committed for the benefit of their community, group, or cause. For instance, a gang member might participate in illegal activities, such as drug trafficking or violence, under the belief that they are protecting or supporting their “brothers.” Similarly, a whistleblower who leaks confidential documents might justify their illegal actions by claiming that exposing corruption was more important than obeying the law. This technique allows offenders to view themselves as honorable rather than criminal, as they believe their actions were necessary sacrifices for a greater purpose. However, appealing to higher loyalties can create dangerous moral blind spots, where individuals prioritize group loyalty over ethical principles. Addressing this justification involves fostering critical thinking and emphasizing personal moral responsibility over blind allegiance to any group or ideology.

Understanding the Impact of Moral Justifications

The techniques of neutralization demonstrate how criminals manipulate moral reasoning to excuse their actions and avoid personal guilt. These justifications are not only used by individual offenders but can also be seen in systemic crimes, such as corporate fraud, political corruption, and state-sponsored violence. By recognizing these rationalizations, criminologists, law enforcement, and rehabilitation programs can work to challenge these thought patterns, promote accountability, and encourage ethical decision-making. Addressing the psychological mechanisms behind criminal behavior is essential for reducing recidivism and creating more effective interventions within the criminal justice system.

Morality and Ethics in Law Enforcement

Morality is essential in law enforcement, as officers must balance enforcing the law with ethical considerations. Police officers often face moral dilemmas, such as:

  • Use of Force – When is it morally justifiable to use force?
  • Discretion – Should an officer arrest someone for a minor offense or give a warning?
  • Corruption – Is accepting a small favor from a citizen morally acceptable?

Ethical guidelines, such as the Law Enforcement Code of Ethics, help officers navigate these challenges. Training in ethics and moral reasoning can reduce misconduct and improve community trust in the justice system.

Changing Moral Standards and Criminal Law

Laws change as moral views evolve. Some behaviors once considered criminal are now legal, while new crimes emerge based on shifting societal values. Examples include:

  • Legalization of Marijuana – Once viewed as immoral, now accepted in many places.
  • Same-Sex Marriage – Previously criminalized in some countries, now widely recognized.
  • Cybercrime – Online harassment and hacking were not major concerns before the digital age.

Public opinion, activism, and legal challenges influence these moral shifts, demonstrating that morality is not fixed but constantly evolving.

Conclusion

Morality is deeply connected to criminology, shaping laws, influencing criminal behavior, and guiding law enforcement decisions. Theories of moral development help explain why people commit crimes and how they justify their actions. As moral standards change, so do legal definitions of crime, reflecting society’s evolving values. By studying morality, criminologists gain insight into how ethical beliefs shape the justice system and society as a whole.

[ Glossary ]

Last Modified: 03/02/2025

 

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