Critical Theory
Central Themes Emphasis on “inequality” and “power” Crime as “political” concept CJS serves interests of powerful Solution to crime is more equitable society
EXPLANATION OF LAW and CJ SYSTEM rather than crime
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
Pluralistic Conflict—Explanation of the Law and Criminal Justice
The formulation of law Interest groups’ influence on law-making Research on consensus over laws
The operation of the CJS Research on “extra-legal” variables
“Legal” = prior record, offense seriousness “extra” = RACE, CLASS, GENDER Demeanor?
Empirical Evidence
After controlling for legal factors, race-CJS studies are all over the board Especially if one controls for demeanor (Reiss,
1966 observed police) Research issues
The meaning of prior record and demeanor How to isolate and study bias Different stages of the legal system
Race, Crime, and Criminal Justice
Racial 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
Race and Justice II
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
Where the Evidence is Clear
Thorston Sellin (1938) Cultural conflict theory Gist: 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
Conflict: An Explanationof Street Crime
Communist Manifesto Means of production determine the
structure of society Capitalism:
• Owners of the means of production (capitalists)
• Workers = proletariat, lumpen proletariat
Karl Marx
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
Capitalism will Self-Destruct
▪ 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)
Wilhelm Adrian Bonger
Instrumental Marxist Position Hard 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
Marxist/Radical 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
Instrumental Marxist Criminology
Primary goal of capitalists? Maintain Power! To do this, must trample rights of others But, also must portray an egalitarian society Accomplished by controlling media, academics
Quinney (1980) cont.
Capitalists control the definition of crime
Laws protect the capitalists (property, $) Laws ignore crimes of the capitalists
(profiteering)
Implications for Law
CJS is the tool of the capitalists; used to oppress (not protect) the working population Crimes of the rich treated with kid gloves Property crimes strictly enforced
“Street crimes” are enforced only in poor neighborhoods
Incarceration to control surplus labor
Implications for the Criminal Justice System
Crimes of the Capitalists (must control) Economic Domination Crimes of the Government Crimes of Control Social Injuries (should be crimes)
Crimes of the Lower Class “Rebellion” Crimes of “Accommodation”
Implications for Crime?
The policy implication of Marxist Criminology is clear. Dismantle the capitalist structure in favor of a
socialist structure.
POLICY IMPLICATION?
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.
Criticisms Radical/Marxist Criminology
▪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
Jeffrey Reiman
▪ 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—Slightly Less Radical
▪ 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
Elliot Currie
Feminist Criminology Relationships between gender, crime, and
the criminal justice system Gender Ratio and Generalizability
Gender and Crime
▪ 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 action Feminists 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
Feminist Criminology
▪ 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-Crime
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
Gender and Crime II
▪ Street women▪ Harmed-and-harming women▪ Battered women▪ Drug-connected women▪ Other women
Daly’s Typology of female offending