Conflict Criminology

Two social paradigms Consensus – general consensus on values – Role of State to mediate conflicts Conflict – disagreement on values – State represents interests of the elite – Elite define what is appropriate behavior to further their self- interests – Powerless are more likely to be defined as criminals

Early Conflict Theories

Cultural conflict – Sellin Conduct norms – How people are supposed to act under certain circumstances – Norms become laws In simple, homogenous societies laws reflect social consensus In complex, heterogeneous societies there may be disagreement – Border regions – Colonization

Group conflict – Vold People form groups with others of like interest Groups continuously try to improve their standing – Achieve a kind of stasis known as “social order” Groups may come into conflict when their interests and purposes intersect – Try to use the C.J. system to promote their standing When groups are in conflict, member loyalty to their group increases Lawmaking, lawbreaking and law enforcement – Competition between groups for control of the State’s police power – Crime is defined as the behavior of “minority power groups” that don’t have enough influence to defend their interests Explanation does NOT extend to “impulsive, irrational acts” that aren’t related to any battle between power groups

Conflict Theories in a Time of Conflict Civil rights, terrorism, Vietnam and Gulf wars, economic meltdowns, political polarization

Criminalization - Turk Authorities try to maintain a “consensus-coercion” balance – Try to keep power relationships from shifting too much either way Variables affecting likelihood of conflict – Cultural or social norms of authorities and subjects differ – Subjects have a language/philosophy to defend their behavior – Level of organization and sophistication of authorities/subjects: Conflict more likely when subjects are organized (individuals less likely to back down) Conflict more likely when either group is less sophisticated (less able to subtly work around the conflict) Factors affecting criminalization of behavior – Offensiveness of prohibited act to the authorities – Relative power of enforcers and resisters – Likelihood that an action by either party may lead to success

“Social reality of crime”- Quinney Social “segments” have common values, norms and ideology – Business, labor, women, poor people, old people, etc. Some segments are organized, others not (e.g., AARP) Crime is conduct that conflicts with the interests of influential segments – Segments vary in their ability to protect their interests – Behavior of persons in less influential segments more likely to be labeled “criminal” Segments promote their conceptions of what should be criminal through the media – Those promoted by powerful individuals and groups tend to be accepted – Concepts often reflect self-interest rather than public interest

Analysis of the CJ System – Chambliss and Seidman Power of the state, as embodied in the CJ system... – Is it a value-neutral framework where conflicts can be peacefully resolved? – Is it itself the prize in the perpetual conflict that is society? Lawmaking characterized by warring interest groups – The higher a group’s economic and political position, the more likely its views will be reflected in the law Legislative process allows interest groups to override the public interest – Appellate decisions reflect personal values, normally favor the wealthy Law enforcement depends on the political process for resources – Maximizes its rewards, minimizes strains by processing the politically weak and powerless

Black -- behavior of law Stratification - vertical social distance, best measured by income – Higher a person is on this ladder the more they can invoke law and exercise its power over others Morphology - horizontal aspect of social life – On either extreme - intimates and those isolated from each other - law is inactive – Law most active in the middle sphere of social distance Culture - law is imposed on those with less education – More law used when victim is higher culture (e.g., education) than offender Organization - corporate or organized aspect of life – More law available for use by the more organized Social control - all responses to deviancy from the norms – More law used when other forms of social control are weak

Unified conflict theory of crime In complex societies people’s values and interests will conflict People act in patterns that they think benefit them and which they think are right or excusable Group values and power affect: – What acts become defined as crimes – Extent to which group members will become violators CJ agencies more likely to listen to the powerful CJ agencies more likely to process easier cases, thus more likely to sanction the powerless Official crime rates for groups and individuals will reflect the above

Are criminal justice decisions biased against the powerless? Minority members more frequently arrested, and for more serious crimes. Is it bias? – Minority areas have more street crime Greater need and demand for police services Greater likelihood of arresting members of minority groups – Minority areas have fewer non-police resources to tackle social problems Poor education, social services, employment opportunities Minority members receive harsher sanctions. Is it bias? – Controlling for factors such as seriousness of offense or prior record often eliminates the difference Highly sanctioned crimes (e.g., murder) happen more frequently in minority areas Crack / powder cocaine issue – Less affluent are less able to mount an effective defense Wealthier persons can retain better counsel, post bail