Review of Critical Theory or “Social Reaction” Theory Labeling Theory (Early 1960s) Conflict/Radical Theory (Late 1960s) Feminist Theory (mid 1970s)
Labeling Theory Defining “deviance” (the content of law) Evidence mostly for “fringe crimes” (vagrancy, drugs) But—WCC vs. “Street Crime” Application of labels (sanctions) Who gets sanctioned? Research on “extra-legal factors” The effects of labels/sanctions Effect of “arrest”
Revisions of Labeling Theory Move towards focus on “informal” labeling Parents, friends, teachers “Pygmalion effect” (Replication troublesome) Focus less on “self” and more on blocked opportunities and bonds Evidence for this, but is this “labeling”??? How we officially sanction may be key John Braithewaite Crime, Shame, and Reintegration
The effect of sanctions Deterrence: reduce crime Labeling: amplify crime Evidence? Arrest, sanctions seem to have little effect at all Braithewaite: Maybe it depends on how you sanction
Restorative Justice Roots: Policy Left Realism, or “Peacemaking” criminology Braithewaite’s notion of “reintegraive” shaming Policy Punishment ineffective, must repair harm Community responsibility Victim-Offender mediation, sentencing circles…
Radical (Marxist) Theory The law reflects interests of those in power Some historical support (Opium, Vagrancy), but what about murder, assault…? Best evidence = WCC vs. street crime Structural Marxism: Instrumental as too rigid, some laws do benefit the poor… Application of the law will benefit those in power Research on “extralegal factors”
Softer forms of Radical Theory Bonger: Capitalist societies exhibit “egoism” Pre-capitalist as “altruistic” Colvin and Pauly How workers are controlled dictates how they control their children Harsh/inconsistent/coporal = working class
Gender and Crime Feminist movement of the 1970s Helped spur “victims’ rights” movement Helped change/create specific laws & punihsments Domestic violence Rape (marital and date)
Gender and the CJS Chivalry hypothesis vs. Evil woman hypothesis Gender weak, if any effects on processing Tentative evidence Serious crimes women treated more lenient Minor crimes women treated more harshly Especially girls, running away truancy…
The Generalizability Problem Patriarchal Society Most theorists males, most theories focus on male behavior from male perspective So, can mainstream (male) theory adequately account for female crime?
The “Gender Ratio” problem Males dominate criminal offending UCR, self report, victimization studies agree Why? Use traditional theory Females have less of the “stuff” causing crime Other reasons?