The New Game Plan

1. The New Game Plan • TODAY: Review conflict, Marxist and cover Feminist • Thursday: Introduction to Lifecourse Theory + Sampson and Laub • Anything left over we can cover on the last class (in syllabus, this is an open day)

2. Variations of Critical Theory • Conflict Theory • Marxist/Radical Theory • Left Realism/Peacemaking • Feminist Criminology

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

4. Pluralistic Conflict—Explanation of the Law and Criminal Justice • 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

5. 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

6. 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)

7. 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

8. Radical/Marxist Criminology • As a Theory of Law: • The law will benefit the ruling class • Laws against any act that threatens the power of the ruling class • As a Theory of the Criminal Justice System: • The CJS serves to keep the ruling class in power • The CJS will not enforce laws that run counter to the interest of the ruling class

9. Quinney’s typology of 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”

10. Criticisms of 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.

11. New Directions in Radical Theory • Left Realism & Peacemaking Criminology • Recognize that crime is “real problem,” but the answer is simply a more “just” or “caring” world • Problem = no longer a “theory” in any sense • How the world “should be” rather than how it really is

12. Elliott Currie • “Market Society” revisited • Not “capitalism causes crime” • Many capitalist countries have low crime rates • Sweeden (bottom up) • Japan (top down) • “Mean spirited” capitalism causes crime • But How?

13. Feminist Perspectives • 1970s Women’s Movement • More female criminologists • Focus on gender, “socialization” and “inequality” • Versions of Feminist Thought • Liberal Feminists • Socialization, Legal Opportunity • Radical/Critical Feminists • Patriarchy,

14. Feminism and the CJS • Conflict hypothesis for CJS? • Finding: • If anything, females treated more leniently • Why? • Conflict hypothesis for the law? • Radical feminists successful and creating changes in law (e.g., “date rape”)

15. The Gender Ratio The “Feminization of Crime” The Generalization Problem Feminist Theory

16. The Gender Gap or Ratio • Males dominate Criminal Offending • UCR data • Total Offending Male to Female is 3.5 to 1 • Serious Violent Male to Female is 5 to 1 • Relationship holds for self-report data, over time, across societies • One exception is for juvenile “status offenses”

17. Is the gender ratio shrinking? • Yes and No • Yes: • The gender gap has shrunk a little bit, but still very large • % increase in female offending is misleading • b/c small base rate, minor increases are amplified • Adler’s “Women’s Lib” hypothesis • You’ve come a long way baby, but you still commit “traditional” female crimes

18. Explaining the Gender Ratio • Can Mainstream Theory Explain the Gender Ratio? Gender Crime/Delinquency Mainstream Theory Variables

19. Example of Study: Jensen (2001) Gender Delinquency Deterrence Self-Concept/Sex Roles Antisocial Attitudes Maternal Controls Delinquent Peers

20. And the winners are… • Antisocial Attitudes • Delinquent Peers • Gender Roles • Combination of these three “knocks gender out” of the picture • Or, “controlling” for these factors, gender no longer predicts delinquency

21. The “Generalizibility Issue” • Patriarchal society  Males also dominate criminological theorizing • Are males biased in their perspective? • Traditional image of females as “good” • If delinquent or criminal = pathology • Tests of delinquency based on males? • Can “male” theories of crime explain female delinquency? • Similar questions have been raised regarding intervention/treatment

22. Factors Unique Female Offending? • Gender Roles • Physical Maturity • Caspi et al = Delinquent Peers x early Maturity • Sexual abuse • Self-esteem

23. What is the “evidence?” • Many mainstream theories have been tested on females • Most predict female offending as well as male offending • Some (control theories) predict female offending better than male offending • Could we still do better? • “Feminist” theories of crime

24. Other Feminist Concerns • The Corrections System • 1 prison per state • Treatment programs • Few available, geared towards male, stereotypical • Still belief in “pathology” • Women much more likely to be medicated • Issues of pregnancy and children