Law and Crime
Does Crime Run in Families?
Research examines the presumption of guilt by familial association.
Posted November 23, 2024 Reviewed by Gary Drevitch
Key points
- Some family members view criminally involved relatives as stigmatizing.
- Jurors differently perceive defendants and victims who have criminally involved family members.
- Parents and siblings impact familial criminal behavior differently.
Many of us remember a mantra we heard from adults when we were young: “Show me your friends and I’ll show you your future.” The expression didn’t begin with “Show me your family," but should it have?
All in the Family
The holidays are often a time of welcoming friends and family, even those who have become involved with the criminal justice system. Why are some family members reluctant to introduce siblings, parents, or children who have been in trouble with the law? To be sure, some people are enormously proud to introduce close relatives who have overcome challenges such as substance abuse and moved on to lead productive lives. Others experience such a situation as awkward and stigmatizing. They may think they will be viewed negatively themselves, worried that sharing the troubles of a son or daughter will lead to judgment from those who believe the apple doesn’t fall far from the tree. Research explores the validity of this concern.
Presuming Guilt by Association
Peter O. Rerick et al. (2021), in a paper aptly titled “Guilt by Association,” examined juror perception of victims and criminal defendants with criminal family members.[i] They found that, generally, for defendants, having criminal family members lessened perceptions of similarity, creating better trial outcomes. With victims, having criminal family members increased perceptions of similarity, leading to worse trial outcomes. Rerick et al. note that their findings imply that for defendants and victims, associations with criminal others impacts trial outcomes and relevant perceptions in different directions, each of which could adversely impact due process.
Guilt by Relation: A Family Affair
Another study examined actual association between family members with criminal convictions. Marieke van de Rakt et al. (2009) explored whether or not crime actually ran in families.[ii] Acknowledging prior research on intergenerational transmission of criminal behavior, the team sought to investigate how such transmission could be explained, including the criminality of siblings. Examining data from the Dutch Criminal Career and Life-course Study, they found that criminal convictions of family members were linked with individual risk of conviction, with criminal history of siblings correlated most strongly. Rakt et al. found parental convictions only had a modest impact on the association of criminal convictions between siblings, which indicated a more direct influence between siblings, providing support for theories of learning or imitation.
Restoration and Rehabilitation
Obviously, past criminal behavior can indicate current dangerousness, and in many cases, friends and family are right to be concerned. But there is an enormous difference between crimes of violence and addiction, and whether one's behavior was fueled by malice or a mental health condition. Yet, across the board, within many different categories of crime, rehabilitation is possible. Professional assistance, counseling, group therapy, and other types of social services can help build skills for success.
Many ex-offenders also share that rehabilitation is far more likely to happen within a supportive family whose members encourage and inspire loved ones to turn over a new leaf. Assuming an environment of safety, trust, and transparency, focusing on support instead of stigma can promote healing, build healthy relationships, and inspire hope and restoration.
References
[i] Rerick, Peter O., Tyler N. Livingston, and Monica K. Miller. 2021. “Guilt by Association: Mock Jurors’ Perceptions of Defendants and Victims with Criminal Family Members.” Psychology, Crime & Law 27 (3): 282–305. doi:10.1080/1068316X.2020.1798428.
[ii] van de Rakt, Marieke, Paul Nieuwbeerta, and Robert Apel. 2009. “Association of Criminal Convictions between Family Members: Effects of Siblings, Fathers and Mothers.” Criminal Behaviour and Mental Health, Intergenerational transmission, 19 (2): 94–108. doi:10.1002/cbm.715.