Critical Theory

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

▪ Research findings▪ When gender effects are found, females

are treated more leniently Chivalry Hypothesis Paternalism Hypothesis Seriousness of offense differs in ways that

most research doesn’t count Sort-of-legal-factors (“familied”)

Gender and the Criminal Justice System