Comparative Criminal Justice Theoretical Issues

QUESTIONS Theoretically, if we consider crime from the perspectives of crime as a social phenomenon (crime types/crime rates) and crime as a social behavior (behavior patterns) - How do we explain domestic crime cross-nationally? How do we explain transnational crime?

Major Issues There are over 268 geographic entities in the world, 192 of which are classified as independent states. An independent state refers to people who are politically organized into a sovereign state with a definite territory. In addition, there are seventy-six “dependencies” or “areas of special sovereignty” that are associated with an independent state, i.e., Puerto Rico and Hong Kong. There are more “nations” than independent sovereign states. Nations can be any group with a common, cultural, ethnic, racial, or religious identity, i.e., Native Americans in North America. Each of the above have their own unique system of law and justice.

Globalization Globalization is a term used to describe how the world has become interdependent in terms of the events and the actions of people and government around the world. Therefore, crime is now international, transnational, and worldwide in scope.

QUESTIONS Will globalization create increased inequalities both within and across societies? How will globalization affect the following concepts?: Migration Marginalization Culture Conflict Labeling/Stereotyping Assimilation Sovereignty Internal Colonialism Anomie

Potential Domestic/Global Theories Conflict Theory: Class differentials produce an ecology of human behavior that favors the wealthy and powerful over the poor and weak. Marxist Theory: Because economic competition is the essence of capitalism, it has a destabilizing effect on social institutions and social life. Strain/Anomie Theory: People who adopt the goals of society, i.e., material and status, but lack the means to attain them seek alternatives, such as crime. Culture Deviance Theory: Obedience to the norms of their lower-class culture puts people in conflict with the norms of the dominant culture – when added to the perspectives of deprived opportunity or social disorganization of transitional neighborhoods it creates the concept of culture conflict.

QUESTIONS Can a singular theoretical construct explain criminality and crime rates within and across nations or independent states? Does tradition, time and context play a role when determining comparative theoretical issues?

Grand Theories Grand theories assume that a single theoretical construct has a significant impact on a nation’s crime rate and crime types. Examples include: Modernization theories: Social process accompanying industrial development have resulted in conditions conducive to increased criminality, i.e., family breakdown. Civilization theories: Uses a historical approach to show a link between crime and civility – does crime increase with civility, i.e., murder, suicide, or drug use?

Grand Theories (cont’d) World system theories: Uses a political approach to show that as capitalism expands, it disrupts indigenous cultures and traditional means of subsistence. Opportunity theories: Modern economies and social organization provide increased opportunities to engage in criminal behavior, i.e., less guardianship.

QUESTION Will theory help us compare differences in crime types or occurrence (i.e., crime as a social phenomenon) or, our understanding of criminal behavior (i.e., crime as a social behavior)?