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Conflict & Marxist Theory Prediction:

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)

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Conflict & Marxist Theory Prediction:

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  1. 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…

  2. Criticism of Radical Criminology • No compelling explanation of “street crime” • Why do poor victimize poor? • Ignore the plight of the poor, victims of street crime • This is not a “struggle for political power” • Are “socialist” or “communist” countries better? (Lower crime rates?) • Why do some capitalist countries (Japan) have low crime rates?

  3. Deterrence Theory • Historical Context of Choice Theories • Deterrence Theory

  4. The Classical School of Criminology • The Age of Enlightenment (1750-1850) • Beccaria, Bentham (others): Need for A Rational Punishment System • Hedonistic Calculus, path of least resistance • Possible to control behavior through formal punishment

  5. REBIRTH in the 70’s and 80”s • Martinson Report and the “nothing works” attack on rehabilitation • Thinking About Crime by James Q. Wilson attacks view that crime is a function of external forces • Wilson proposes a forceful reaction to crime, otherwise, those sitting on the fence will get the idea that “crime pays”

  6. Deterrence Theory • ASSUMPTIONS • Hedonistic Calculus (Rational) • Fear of formal punishment is the only (or most important) restraint for crime

  7. General Deterrence • As the severity, certainty, and swiftness of formal (state sanctioned) punishment increases, criminal behavior decreases. • Absolute vs. Marginal Effects

  8. Objective Measures of Severity • Death Penalty • Average Sentence Length • Average “Time Served” • Evidence? Very Weak if Any

  9. Objective Measures of Certainty • Arrest rates (clearance rates) • Possible “tipping effect” for large metropolitan areas (SMSA’s) if clearance rates exceed 30% • Percent of Arrests Resulting in Convictions

  10. Manipulation of Certainty • The Kansas Preventative Patrol Experiment • Sameul Walker’s “mayonnaise” theory of police patrolling. • But, “directed patrols” and “saturation patrols” may be effective • Police “crackdowns” • Short term effects, displacement.

  11. Perceptual Measures of General Deterrence • Ask people: • What are the odds that you would get apprehended if you did __________ • How severely would you be punished if you did _________ • Those who think the odds of apprehension are high and the penalties are severe should be less criminal (Largely an “EXPERIENTIAL” Effect).

  12. Manipulating Perceptions of Severity—Scared Straight! • Juvenile Awareness Project Help (JAPH) • Rahway Prison, NJ (created in 1976) • The Program • Intimidate kids (delinquents?) and show them how bad prisons are • Tour of prison, “rap session” with “lifers”… • Scared Straight! Documentary • Claimed success rate of 94%, won Academy Award, immensely popular with public • Redone by MTV in 1999. Claimed 12/14 (86%) were “scared straight”

  13. Original Scared Straight • Juvenile Awareness Project Help (JAPH) • Rahway Prison, NJ (created in 1976) • The Program • Intimidate kids (delinquents?) and show them how bad prisons are • Tour of prison, “rap session” with “lifers”… • Scared Straight! Documentary • Claimed success rate of 94%, won Academy Award, immensely popular with public • Redone by MTV in 1999. Claimed 12/14 (86%) were “scared straight”

  14. Research on Scared Straight Type Programs (1968-1992)

  15. SPECIFIC DETERRENCE • Individuals who are caught and sanctioned by the criminal justice system will be less likely to re-offend • Does prison reduce recidivism? • Do “deterrence based” programs reduce recidivism? • BOOT CAMPS • INTENSIVE PROBATION

  16. Minneapolis domestic violence study (Larry Sherman) • Randomly assign d.v. strategies to police officers • Arrest, Counsel, or Separate for 8 hours • Findings: Arrest = 10% re-arrested after 3 months Counseling = 19% Separate = 24% • BUT: Replications Didn’t Work!!!

  17. Conclusions Regarding Empirical Support • Weak empirical support • If anything, the certainty of punishment may have marginal effects on crime • WHY SO WEAK? • Based on “weak” theory—weak assumptions • Limits of deterrence in a democratic society • MARGINAL vs. ABSOLUTE

  18. Informal Sanctions • Fear of Informal Sanctions is not “Deterrence theory.” • Informal social control theory (Hirschi, others) • However, formal sanctions may “kick in” informal sanctions.

  19. Policy Implications of Deterrence • Rehabilitation, (unless painful) won’t work, and may “send the wrong message” • Raising the certainty, swiftness or severity of criminal penalties will work • If system cannot be swift, severe and certain enough, then reduce opportunities for offending • Incapacitation

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