Describe the crime:
Possessed and used a fake identification card at bars and stores to purchase alcohol underage.
Contextualize it: when, where and why was this crime committed?
I purchased the fake Rhode Island license about four years ago. The ID was purchased in high school from an online website in a group order that was facilitated by one of my classmates. The crime was committed because I was constantly being told by my friends I needed one in order to be able to do things in college. I knew that the school I wanted to go to was a big bar school and I wouldn't be able to do anything other than go to open frat parties unless I bought one. Not only that, but I wouldn't have anyone to purchase my alcohol for me so I felt that I needed one so I didn't have to rely on anyone else. I ended up using the ID almost every week my freshman year to get into the bar and approximately once a month to purchase alcohol at our local convenience store.
What criminological theory can help explain why the crime was committed?
A criminological theory that can best describe why the crime was committed would be the Social Control Theory. The Social Control Theory states that social behavior is determined by a person's relationships, values, normals, commitments, and beliefs. That being said, attachment to parents, school, and peers will influence a person's commitment to conventional lines of action, involvement of conventional activities, beliefs in conventional values, and much more. Traditionally, this theory states that the attachment portion of the theory corresponds to the affective ties which children form to significant others. The family environment is the source of attachment because the parents act as role models and teach their children socially acceptable behavior. I think this specifically can help explain why the crime was committed because when I was around 15, I remember my mom saying that she found someones fake license in the bathroom of the restaurant she worked at when she was in her late teens and used it to purchase alcohol underage and get into bars. This specific theory seeks to comprehend the ways in which its possible to reduce the likelihood of young people committing crimes later in life but can also sometimes explain why they commit said crimes (Wiatrowski 1981). Another theory that I think can explain why the crime was committed would be the adaptations to strain theory. This specific theory occurs when goals are misaligned with the means of accomplishing them. Therefore, when an individual tries to reach a certain goal, they aren't able to do it in a conventional manner, the method of attaining this goal is changed to achieve it, or the goal itself is changed, or both. The first type of strain in this method is conformity, which occurs when a person adapts to the societal norm in order to obtain their goal in a legal way that society trusts. When conformity doesn't work, some individuals use the second method which is innovation. For example, if someone wanted to purchase a pair of shoes, this person would conform to society and look for a job in order to have money to pay for the pair of shoes. If conformity does not work and this person is unable to obtain their goal in a legal manner that society accepts, this person will use the innovation method. When using the innovation method, this person will use the method to obtain the same goal but in a more creative way. For example, the person will turn to burglary rather than just paying for the shoes. I feel like this theory also helped explain why the crime was committed because in my case, the goal was to purchase alcohol or get into a bar. If I used conformity and gave them my real license when trying to purchase alcohol or get into a bar, my goal would not have been reached. Instead, I decided to turn to innovation and attempted to achieve my goal by the use of creative means, which in my case was using my fake license. The next theory that I think could apply to this specific situation and can explain why the crime was committed would be the consensus theory. This theory sees society as a whole and presumes that our social world exists in a state of harmony, that our societal system is fair and social change should only take place within the social institutions that is provided by it, which in this case would be the government. The government states that not being able to purchase alcohol until the age of 21 is fair and that is the norm because the government said so. If they thought that individuals that are under the age of 21 should be drinking, they would change the law and then it would be deemed fair. Although this is not a theory, I also noticed that a concept that we learned in the beginning of the semester called delinquent subculture could be related to this crime. Delinquent subcultures says that culture refers to knowledge, beliefs, values, etc. that persist in social relationships and subculture refers to a set of beliefs that differ in some way from the dominant culture. High delinquency rates usually result from conflicting moral values, their adult role models being criminals, and social tradition of delinquency in a community. In this concept, if an individual behaves in a way that is different from society or if their beliefs are a minority, this individuals actions will likely be associated with some sort of crime. When students begin college, they are normally between the age of 17 and 19 years old. At this point in their lives, this age group believes that just because they aren't 21 yet doesn't mean they shouldn't be able to drink. Students who are underage and live on college campuses often go to parties on the weekends where they drink. This would be considered delinquent because it goes against society's beliefs that nobody should drink unless they are 21 years of age.
4. According to the penal code, how should this crime be penalised? What is the objective of this penalty?
In the state of New York, it considered a crime to buy a fake ID. Vehicle and Traffic Law Section 392-a prohibits purchasing or selling a stolen or fake identification card. Typically at first offense it is considered a misdemeanor and at second offence as long at it is in within 5 years of the first offense, it can be considered a felony. In addition to this, being caught using a fake identification card to purchase alcohol underage can also result in vehicle and traffic charges, but sometimes even criminal charges. The minimum charge for this would be the violation of section 509(6) of New York's Vehicle and Traffic Law. This specific section makes it illegal to “possess or use any forged, fictitious or illegally obtained license, or use any license belonging to another person.†For this alone, you can be fined up to $300, plus a surcharge typical, and you could potentially be sentenced to 15 days in county prison. In addition to this, if you have a fake identification card in your possession and you have it to deceive someone, for example, deceiving a bouncer to think that you are in fact 21 years of age, you have committed a misdemeanor for the criminal possession of a forged instrument in the third degree. Despite what you are charged with, you will likely receive a letter in the mail from the DMV, which I have attached to the bottom of this assignment. The letter comes from an investigator who is associated with the Division of Field Investigation of the Department of Motor Vehicles. It will state that you will be offered a 90 day suspension of your NYS drivers license, learner permit privileges to handle the administrative portion of this violation. If an individual chooses not to accept this punishment, they will be entitled to an administrative hearing if they want one. But, if they are found guilty at their hearing, the minimum penalty is a one year revocation of their license, so basically it is a lose-lose (Schwartz 1998). The objective of this penalty is to encourage people not to purchase a fake identification card in the first place because the consequences are not worth it. I decided to speak to my grandfather about this also since he was the captain of his precinct in the New York City police department, he told me that what the office is doing is damage control. When the violation involved the use or possession of a fake identification card, their focus is usually to attempt to persuade the victim to “amend his or her complaint†which is usually to explain the cause of the action, and request forgiveness or relief.
5. Was the crime actually punished? Or did you get away with it?
It has been four years since I initially purchased my fake identification card and have used it almost twice a week at some points in these four years. I have never been caught having a fake ID, therefore I have never been punished for it. Drinking underage in college and possessing a fake identification card is so common in college communities and I have heard stories about bars being raided and people getting their ID’s taken away, but luckily I have never experienced any of these things. Although I do possess a fake license, as I got older I refrained from using it as much because I was always worried about what the consequences may be.
6. If punished, what was the criminal justice objective of your punishment?
As stated above, I have not been punished for the possession or use of my fake identification card, but if I was I assume that the objective of the punishment would be damage control. My Grandfather told me that when a violation involved the use or possession of a fake identification card, their focus is usually to attempt to persuade the victim to “amend his or her complaint†which is usually to explain the cause of the action, and request forgiveness or relief. Therefore, encouraging underage people not to do use or possess a fake ID again.
7. If not punished, which criminological or sociological concepts may help us understand why not?
I think that a concept that may explain why this crime had not been punish would be the idea of anomie. The easiest way to explain anomie would be the lack of ethical or social norms in a group or sometimes an individual. The original concept derived from Emile Durkheim. He explained it as a breakdown of the bonds between the individual and society. Later in time it was further explained by Robert Merton who described it as a mismatch between personal or group standards, or from the lack of moral duties and principles. In a society, people normally have goals worth striving for. In anomie, these goals are culturally prescribed and structured by any given society and often deviance can arise from a strain. This strain is the lack of fit between one's goals and legitimate means to accomplish them. Drinking alcohol underage and being in possession of a fake identification card is so common among students in college campuses. To most people, just the thought of reconciling these students for something that is so normalized is crazy. Although the normalization of having a fake identification in the college student population goes against society's goals, people have them anyway because of the lack of fit between one's goals and legitimate means to accomplish them that I mentioned before. Since I got my fake ID card four years ago, I rarely heard of anyone being penalized for having one. It is illegal to have a fake identification card and majority of the college students who possess them know this, but there seems to be a mismatch between society's beliefs and these college students moral duties to uphold them.
8. How did labeling affect this situation?
As discussed in class, labing is how acts become understood as deviant, it also states that deviance must be learned, and that labeling also often involves stigmatizing people. Due to the fact that I have never been caught in possession or using my fake identification card, I have never been labeled a criminal in the eyes of the law. Because I grew up in a generation where it was normalized to have a fake ID, I knew that what I was doing wasn't legal but I also knew that I shouldn't be labeled a criminal just for drinking underage. Although the government may label me and other people who have fake IDs criminals for using and possessing this fake form of identification, it doesn't mean I am. I feel like this didn't really impact my views on being in possession of a fake ID and also didn't stop me from using it. My thought process regarding labeling had a lot to do with stigma, which is known as a sign of disgrace on an individual whose behavior is perceived as deviant. The stigma of a person who drinks underage stereotypes us as people who do not care about their own well being or future, which is not the case. My thoughts on this stigma is the main reason as to why I don't think labeling affected my situation personally.
9. Offer a quantitative supplement (unofficial reports, statistics, UCR data, a quantitative academic article, etc.) that gives us contect about the usual subject caught and penalized for committing this crime.
In the article, “Fake ID ownership in a US sample of incoming first-year college students,†we see that 7.7% of incoming freshmen are reported to own a fake ID. In addition to this, those involved in a sorority or fraternity we more likely to possess a fake ID compared to those who are not in greek life. Students who possess a fake ID are also more likely to participate in heavy or sometimes even binge drinking. I thought the statistics in this particular article were interesting because every group that the article mentioned, most of the people I spend time with and I am a part of. I would be considered apart of the 7.7% of students who came into college with a fake ID, once I was able to I immediately joined greek life, and would be considered a regular binge drinker since I usually consume more than 4 drinks in 2 hours when I go out.
10. Which criminological methodology have you used to create this report? What are its benefits and shortcomings?
The criminological methodology that I used to create this report is the self- report method. The self-report method is unofficial data that is typically gathered through an interview or sometimes surveys. One of the benefits of self-report data is the accuracy of it. Nobody knows my situation better than I do and I would be able to report it more accurately than anyone else would be able to. But, a shortcoming that may come with this is that I could also be biased towards my crime and twist my story for my own benefit. When self-reporting something, some people may leave out little details that they may find unimportant, embarrassing, or think will get them in trouble. Although this is usually an easy method of collecting data, it can be harder to collect for certain crimes, for example it may be easier to collect this kind of data from a burglar who was caught rather than someone who committed homicide. There is also the risk of human error when self-reporting. If I were to tell a police officer what crime I committed, where, and when it was committed, they could easily inaccurately relay that information. This really relies on the accuracy and consistency of their story to mine. The last and biggest shortcoming of self-reporting that I will mention is the amount of under-reporting there is. It is not often that students have to write about a crime that they have committed, let alone tell an authoritative figure such as a police officer. The dark figure of crime is a term created by criminologists and sociologists to describe the amount of unreported or undiscovered crime, which is said to be less more than half of crimes committed.
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