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CRITICAL THEORIES IN CONTEXT In 1950-1960s = strain
Policy = provide opportunity to those who lack means for achieving legitimate success.
Turmoil of 1960s criminologists become more skeptical Politicians and other interests groups lack will to
make real changesCloward and Ohlin storyMany groups actively oppose providing
opportunities
CONSENSUS VS. CONFLICT
Consensus Conflict
Law reflect shared belief about what is wrong
Law resolves conflicts and maintains order
The state is “neutral”
Bias is temporary and unintentional
Law is an end process in a conflict over values
Bias is built into the law (winners punish losers)
The state (CJS) responds to the needs of those in power (not neutral)
CRITICAL THEORY Central Themes
Emphasis on “inequality” and “power”Crime as “political” conceptCJS serves interests of powerfulSolution to crime is more equitable society
EXPLANATION OF LAW and CJ SYSTEM rather than crime
VARIATIONS OF CRITICAL THEORY Conflict Theory Marxist/Radical Theory Left Realism/Peacemaking Feminist Criminology/Gender and Crime
PLURALISTIC CONFLICT—EXPLANATION OF THE LAW AND CRIMINAL JUSTICE
George Vold Group Conflict Multiple groups in society with varying
levels of power▪ Political interest groups ▪ Social movements ▪ Broad segments of society
▪ Political parties Those who win conflict get control over the
law and coercive power of the state
EMPIRICAL EVIDENCE The formulation of law
Interest groups’ influence on law-makingResearch on consensus over laws
The operation of the CJSResearch on “extra-legal” variables
“Legal” = prior record, offense seriousness “extra” = RACE, CLASS, GENDER Demeanor?
RACE, CRIME, AND CRIMINAL JUSTICE After controlling for legal factors, race-
CJS studies are all over the boardEspecially if one controls for demeanor
(Reiss, 1966 observed police) Research issues
The meaning of prior record and demeanorHow to isolate and study biasDifferent stages of the legal system
RACE AND JUSTICE IIRacial profiling
▪ Difficult to determine▪ Minorities more likely to live in high-
crime areas
▪ Alfred Blumstein▪ Racial disparity in incarceration due
largely to disparities in arrest rates▪ Blacks at a disadvantage in the criminal
justice system, especially for less serious crimes
WHERE THE EVIDENCE IS CLEAR Race and Capital Punishment
Victim x Race interactions Race and Drug Prosecutions
Long history of connecting drugs to “dangerous” populations Chinese Opium Mexicans Marijuana African Americans Crack Cocaine e
“Crack Multiplier” Enforcement patterns for drug offenses
CONFLICT: AN EXPLANATIONOF STREET CRIME Thorston Sellin (1938)
Cultural conflict theoryGist: violate laws of the majority simply by
following the norms of one’s own reference group
George Vold (1958) Group conflict theory (crime that results
from conflict) Labor strife, protest-related crime
KARL MARX Communist Manifesto Means of production determine the
structure of society Capitalism:
• Owners of the means of production (capitalists)
• Workers = proletariat, lumpen proletariat
CAPITALISM WILL SELF-DESTRUCT The laboring class produces goods that
exceed the value of their wages (profit) The owners invest the profit to reduce
the workforce (technology) The workers will no longer be able to
afford the goods produced by the owners
WILHELM ADRIAN BONGER
▪ Early attempt to tie Marx and Crime Together
▪ Altruism as a defining characteristic of society and human nature
▪ Egoism characterizes capitalist society▪ Capitalism builds social irresponsibility
and creates a climate of crime▪ Solution: socialism (which allows
altruism to flourish)
MARXIST/RADICAL CRIMINOLOGY
Instrumental Marxist PositionHard line position
Crime and the creation and enforcement of law the direct result of capitalism
Structural Marxist Position Softer Position
Governments are somewhat autonomous Over time, the direction of the law (creation and
enforcement) will lean towards the capitalists
INSTRUMENTAL MARXIST CRIMINOLOGY
Richard Quinney (1980)All Conflict is organized around capitalist versus
the poor Either you are an oppressed lackey or a capitalist Anyone who does not realize this (or identifies with
capitalism) has false class consciousness The real power and authority is exclusive to the ruling
class
QUINNEY (1980) CONT.
Primary goal of capitalists? Maintain Power!To do this, must trample rights of othersBut, also must portray an egalitarian societyAccomplished by controlling media, academics
IMPLICATIONS FOR LAW Capitalists control the definition of crime
Laws protect the capitalists (property, $)Laws ignore crimes of the capitalists
(profiteering)
IMPLICATIONS FOR THE CRIMINAL JUSTICE SYSTEM
CJS is the tool of the capitalists; used to oppress (not protect) the working populationCrimes of the rich treated with kid glovesProperty crimes strictly enforced
“Street crimes” are enforced only in poor neighborhoods
Incarceration to control surplus labor
IMPLICATIONS FOR CRIME? Crimes of the Capitalists (must control)
Economic DominationCrimes of the GovernmentCrimes of ControlSocial Injuries (should be crimes)
Crimes of the Lower Class“Rebellion”Crimes of “Accommodation”
POLICY IMPLICATION? The policy implication of Marxist
Criminology is clear.Dismantle the capitalist structure in favor of
a socialist structure.
CRITICISMS RADICAL/MARXIST CRIMINOLOGY An “underdog theory” with little basis
in fact Are “socialist societies” any different? Other capitalist countries have low
crime rates Most crime is poor against poor—
Marxists ignore the plight of the poor.
JEFFREY REIMAN▪The Rich Get Richer and the Poor Get Prison
▪ Key point = harmful acts of the rich are often ignored (unneccesary surgery, environmental harm, etc.)
White collar crime less serious and less likely to be enforced
▪ Pollution, Hazardous work conditions, Unsafe products, Insider trading, Embezzlement, Fraud
▪ Even wealthy people who engage in street crime are less likely to be formally charged and better able to avoid sanctioning
ELLIOT CURRIE—SLIGHTLY LESS RADICAL
▪ Only some forms of capitalism encourage crime
▪ Market economy (compassionate capitalism) Japan (Top down) Scandinavian (Bottom up)
▪ Market society (high levels of inequality and poverty)
▪ Solution: softer, gentler capitalist society
ELLIOT CURRIE▪ Mechanisms that link market
societies to high rates of violence▪ Destroys livelihoods▪ Tendency toward extremes of
inequality▪ Weakens public support▪ Erodes informal social support▪ Promotes a culture of competition and
consumption▪ Deregulates the technology of
violence▪ Weakens alternative political values
and institutions
GENDER AND CRIME Feminist Criminology Relationships between gender, crime,
and the criminal justice systemGender Ratio and Generalizability
FEMINIST CRIMINOLOGY▪ Emphasizes equal opportunity and
importance of sex-role socializations
▪ Focus on “patriarchy”—male dominance exerted over females through financial and physical power
▪ Types▪ Liberal feminism ▪ Socialist feminism▪ Radical feminism
FEMINIST CRIMINOLOGY Good example of conflict theory in
actionFeminists responsible for shaping the law
and law enforcement Marital Rape Intimate Partner Violence
Feminists also largely responsible for the recent focus on gender/crime issues
GENDER-CRIME▪ Gender ratio (Gender Gap)
▪ Males account for the vast majority of delinquent and criminal offending
▪ UCR, NCVS, self-report▪ Gender gap shrinking?
Liberation hypothesis (Not supported by research)
WHY is gender ratio so large? Can traditional theories explain? (Social
bond, delinquent peers, etc.) Masculinity & sex roles
GENDER AND CRIME II Generaliziblity issue
Can “Male” theories explain female offending? Many theories blatantly sexist (See, Cohen) Many theories simply ignore females
Mainstream theories do explain male and female offending similarly Could we do better explaining female
criminality? Salience of sexual/physical abuse among
delinquent girls
DALY’S TYPOLOGY OF FEMALE OFFENDING
▪ Street women▪ Harmed-and-harming women▪ Battered women▪ Drug-connected women▪ Other women