The New Game Plan TODAY: Review conflict, Marxist and cover Feminist TODAY: Review conflict, Marxist and cover Feminist Thursday: Introduction to Lifecourse Theory + Sampson and Laub 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) Anything left over we can cover on the last class (in syllabus, this is an open day)
Variations of Critical Theory Conflict Theory Conflict Theory Marxist/Radical Theory Marxist/Radical Theory Left Realism/Peacemaking Left Realism/Peacemaking Feminist Criminology Feminist Criminology
Conflict versus Consensus As a view of society As a view of society As an explanation of law As an explanation of law As an explanation of criminal justice As an explanation of criminal justice As an explanation of crime As an explanation of crime
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
Empirical Evidence The formulation of law The formulation of law –Interest groups’ influence on law-making –Research on consensus over laws The operation of the CJS The operation of the CJS –Research on “extra-legal” variables RACE, CLASS, GENDER
Conflict: An Explanation of Street Crime Thorston Sellin (1938) 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) George Vold (1958) –Group conflict theory (crime that results from conflict)
Marxist Criminology Instrumental Marxist Position Instrumental Marxist Position –Hard line position Crime and the creation and enforcement of law the direct result of capitalism Structural Marxist Position Structural Marxist Position –Softer Position Governments are somewhat autonomous Over time, the direction of the law (creation and enforcement) will lean towards the capitalists
Radical/Marxist Criminology As a Theory of Law: 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: 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
Quinney’s typology of crime? Crimes of the Capitalists (must control) 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 Crimes of the Lower Class –“Rebellion” –Crimes of “Accommodation”
Criticisms of Marxist Criminology An “underdog theory” with little basis in fact An “underdog theory” with little basis in fact Are “socialist societies” any different? Are “socialist societies” any different? Other capitalist countries have low crime rates Other capitalist countries have low crime rates Most crime is poor against poor—Marxists ignore the plight of the poor. Most crime is poor against poor—Marxists ignore the plight of the poor.
New Directions in Radical Theory Left Realism & Peacemaking Criminology 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 Problem = no longer a “theory” in any sense –How the world “should be” rather than how it really is
Elliott Currie “Market Society” revisited “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?
Feminist Perspectives 1970s Women’s Movement 1970s Women’s Movement –More female criminologists –Focus on gender, “socialization” and “inequality” Versions of Feminist Thought Versions of Feminist Thought –Liberal Feminists Socialization, Legal Opportunity –Radical/Critical Feminists Patriarchy,
Feminism and the CJS Conflict hypothesis for CJS? Conflict hypothesis for CJS? Finding: Finding: –If anything, females treated more leniently –Why? Conflict hypothesis for the law? Conflict hypothesis for the law? –Radical feminists successful and creating changes in law (e.g., “date rape”)
Feminist Theory The Gender Ratio The “Feminization of Crime” The Generalization Problem
The Gender Gap or Ratio Males dominate Criminal Offending 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”
Is the gender ratio shrinking? Yes and No Yes and No Yes: 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 Adler’s “Women’s Lib” hypothesis –You’ve come a long way baby, but you still commit “traditional” female crimes
Explaining the Gender Ratio Can Mainstream Theory Explain the Gender Ratio? Can Mainstream Theory Explain the Gender Ratio? GenderCrime/Delinquency Mainstream Theory Variables
Example of Study: Jensen (2001) GenderDelinquency Deterrence Self-Concept/Sex Roles Antisocial Attitudes Maternal Controls Delinquent Peers
And the winners are… Antisocial Attitudes Antisocial Attitudes Delinquent Peers Delinquent Peers Gender Roles Gender Roles Combination of these three “knocks gender out” of the picture Combination of these three “knocks gender out” of the picture –Or, “controlling” for these factors, gender no longer predicts delinquency
The “Generalizibility Issue” Patriarchal society Males also dominate criminological theorizing 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 Similar questions have been raised regarding intervention/treatment
Factors Unique Female Offending? Gender Roles Gender Roles Physical Maturity Physical Maturity –Caspi et al = Delinquent Peers x early Maturity Sexual abuse Sexual abuse Self-esteem Self-esteem
What is the “evidence?” Many mainstream theories have been tested on females 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? Could we still do better? –“Feminist” theories of crime
Other Feminist Concerns The Corrections System 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