Critical Theories (Are they really that important?)

Critical Theories (Are they really that important?) Labeling Theory Conflict/Marxist Theory Feminist Perspective

Common Themes • “Critical” in what sense? • The “Definition of Crime” as problematic • Tend to focus on the law and the operation of the criminal justice system • Why are certain things illegal? • What crimes get enforced? • Who gets arrested for illegal behavior? • Power and Inequality

Labeling Theory • Irony can be pretty ironic sometimes… • Social Context: the 1960s • Roots: • Deviance (and crime) as “relative” • Inequality/conflict in how law is applied • Looking-glass self

The Labeling Process • Formal Sanctions • Degradation ceremony • Stigmatizing • Change in Self-Concept • looking glass self • hard to resist formal label • Primary Deviance • Most engage in this • Typically sporadic, not serious • Secondary Deviance • Caused by new self-image as criminal, (patterned & chronic)

Criticisms of Labeling Theory • Little empirical support • Formal sanctions seem to have little effect on behavior • Labeling theory cannot explain primary deviance • Inaccurate portrayal of “primary deviance” • Often patterned, chronic, serious deviance prior to any formal sanctioning • Too obsessed with “formal” sanctions

Revisions of Labeling Theory • John Braithewaite • Crime, Shame, and Reintegration • Ross Matsueda • Informal labels matter more (parents) • Labeling process as “addition” to other theory

Policy Implications • More irony here • The “Four D’s” • Diversion • Deinstitutionalization • Decriminalization • Due Process

The Conflict Perspective and “Radical” Theories • Is the law defined by “consensus” or “conflict?” • Conflict: those with “power” define law and control the justice system • “Power” different for conflict & Marxist theory • Implications for the criminal justice system • What laws are enforced and why? • When laws are enforced, who gets arrested?

Conflict Theory • As an Explanation of the Content of Law • George Vold: Legislative power • As an Explanation of how the Law is Applied • Austin Turk: “criminalization” • Example: criminalization more likely when dominant groups behaviors and beliefs coincide, and when dominant group is more sophisticated

Marxist Theory • From Marx: • Primary power split is between the owners of the means of production (capitalists) and the shmucks who work for them (proletariat) • Same logic as conflict theory

Marxist II • Theory of street crime: • Bonger (1916) • Colvin and Pauly (1983) • Theory of law: Chambliss • Why vagrancy laws? • Instrumental (hard line) vs. Structural Marxism

Policy Implication of Marxist theory? • Violent Revolution to Overthrow the Government • Institute a Socialist Regime

Conflict & Marxist Theory Prediction: • Those who lack power will get treated more harshly by the CJS • In U.S., power = race/class • Controlling for “legal variables,” the evidence on this issue is mixed • Victim may be more important than offender; also depends on crime (e.g., drug use) • Barkan’s point: largely comparing poor with poorer…

Criticism of Radical Criminology • No compelling explanation of “street crime” • Why do poor victimize poor? • Are “socialist” or “communist” countries better? (Lower crime rates?) • Why do some capitalist countries (Japan) have low crime rates?

Feminism and the Criminal Justice System • Explanation of the Law • Rape, domestic violence • If women have less “power,” they should be treated more harshly • Controlling for legal factors, gender differences are weak and inconsistent (if anything, favor women) • Some differences in expected direction for girls versus boys

Feminism and Theory • The Gender Ratio Problem • The Generalizibility Problem

Critical Theories (Are they really that important?)