ABSTRACT
The modem coercive crime-control doctrines of general deterrence and incapacitation would not support an excuse in such cases. On the contrary, persons whose Rotten Social Background (RSB) incline them toward crime would be special targets for deterrent threats and incapacitative control by the criminal justice system. An environment of extreme poverty and deprivation creates in individuals a propensity to commit crimes. "Poverty causes crime" is a favorite mantra among some liberals, and it seems a wise crime-control policy that we should shape society to minimize RSBs. The effective operation of the criminal justice system depends upon the cooperation, or at least the acquiescence, of those involved in it—offenders, judges, jurors, witnesses, prosecutors, police, and others. Criminal law, in particular, plays a central role in creating and maintaining the social consensus necessary for sustaining moral norms. Many people—including people with RSBs—will point out the obvious: that the vast majority of people with RSBs do not become criminals.
