Conflict Criminology

1. Conflict Criminology • Social paradigms • Consensus – general consensus on values • Role of State to mediate conflicts • Conflict – disagreement on values • State represents interests of the elite • Elite define what is appropriate behavior to further their self-interests • Powerless are more likely to be defined as criminals

2. Early Conflict Theories

3. Cultural conflict – Sellin • Conduct norms: how people are supposed to act under certain circumstances • Conduct norms often become laws • In simple, homogenous societies these laws may actually reflect a social consensus • In complex, heterogeneous societies there may be disagreement and no consensus • Border regions • Colonization

4. Group conflict – Vold • People form groups with others of like interest • Groups continuously try to improve their standing • Achieve a kind of stasis known as “social order” • Groups may come into conflict when their interests and purposes intersect • Try to use the C.J. system to promote their standing • When groups are in conflict, member loyalty to their group increases • Lawmaking, lawbreaking and law enforcement reflects competition between groups for control of the State’s police power • Crime becomes by definition the behavior of “minority power groups” that do not have enough clout to defend their interests

5. Conflict Theories in a Time of Conflict Civil Rights Movement - - - The Vietnam War

6. Criminalization - Turk • Authorities try to maintain a “consensus-coercion” balance • Try to keep power relationships from shifting too much either way • Cultural and social norms • Cultural norm: laws as written • Social norms: laws as enforced • Variables affecting likelihood of conflict: • Cultural or social norms of authorities and subjects differ • Subjects have a language/philosophy to defend their behavior • Level of organization and sophistication of authorities/subjects: • Conflict more likely when subjects are organized (individuals less likely to back down) • Conflict more likely when either group is less sophisticated (less able to subtly work around the conflict) • Factors affecting criminalization of behavior • Degree of agreement within the authorities (police, prosecutors, courts) • Relative power of enforcers and resisters

7. “Social reality of crime” - Quinney • Crime is conduct that conflicts with the interests of influential “segments” of society • These segments may or may not be organized or able to protect their interests • “Segments” have different behaviors and normative systems • People more likely to be labeled “criminal” if their “segment” does not influence the criminal law • Segments communicate their “conceptions of crime” throughout society (e.g., by the media) • These communications shape our attitudes about what crime is or ought to be • Example - consumers argue that corporate executives are “the real criminals”

8. Analysis of the CJ System –Chambliss and Seidman • Power of the state - two formulations • Consensus: A value-neutral framework where conflicts can be peacefully resolved • Conflict: Power of the state IS the prize in perpetual conflict within society • Lawmaking characterized by warring interest groups • The higher a group’s economic and political position, the more likely its views will be reflected in the law • Appellate courts - primarily oriented to wealthy rather than the poor • Law enforcement focuses its efforts on the weak and powerless

9. Unified Conflict Theory of Crime

10. In complex societies people’s values and interests will conflict • People act in patterns that they think benefit them and which they think are right or excusable • Group values and power affect: • What acts become defined as crimes • Extent to which group members will become violators • CJ agencies more likely to listen to the powerful • CJ agencies more likely to process easier cases, thus more likely to sanction the powerless • Official crime rates for groups and individuals will reflect the above

11. Testing conflict theory • Most studies compare race and equity of CJ decisions • Sentencing - usually find a disparity • Is it bias? Controlling for factors such as seriousness of offense or prior record often eliminates the difference • Less affluent are less able to mount an effective defense (retain better counsel, post bail) • More policing in minority areas; more arrests • Minority areas may have more street crime • Greater need or demand for police services • Greater likelihood of arresting members of minority groups