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Critical Theories

Critical Theories. Can’t we all just get along?. Critical Theory: Social Context and Themes. Social Context 1960s = Strain theory, war on poverty, etc. By the 1970s? Central Themes Emphasis on “inequality” and “power” Crime as “political” concept CJS serves interests of powerful

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Critical Theories

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  1. Critical Theories Can’t we all just get along?

  2. Critical Theory: Social Context and Themes • Social Context • 1960s = Strain theory, war on poverty, etc. • By the 1970s? • Central Themes • Emphasis on “inequality” and “power” • Crime as “political” concept • CJS serves interests of powerful • Solution to crime is more equitable society

  3. Variations of Critical Theory • Conflict Theory • Marxist/Radical Theory • Left Realism/Peacemaking • Post-Modern • Feminist Criminology

  4. Conflict versus Consensus • As a view of society • As an explanation of law • As an explanation of criminal justice • As an explanation of crime

  5. Pluralistic Conflict—Explanation of the Law and Criminal Justice • George Vold Group Conflict • Multiple groups in society with varying levels of power • Specific “interest groups” • General or broad-based groups • Those who win conflict get control over the law and coercive power of the state

  6. Empirical Evidence • 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 • RACE, CLASS, GENDER

  7. Conflict: An Explanationof Street Crime • 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)

  8. Karl Marx • Communist Manifesto • Means of production determine the structure of society • Capitalism: • Owners of the means of production (capitalists) • Workers = proletariat, lumpen proletariat

  9. 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

  10. Marxist Criminology • 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

  11. 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

  12. Quinney (1980) cont. • 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

  13. Implications for Law • Capitalists control the definition of crime • Laws protect the capitalists (property, $) • Laws ignore crimes of the capitalists (profiteering)

  14. Implications for the Criminal Justice System • 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

  15. Implications for Crime? • 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”

  16. POLICY IMPLICATION? • The policy implication of Marxist Criminology is clear. • Dismantle the capitalist structure in favor of a socialist structure.

  17. Criticisms of Instrumental 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.

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