Critical Theories (Are they really that important?) Labeling Theory Conflict/Marxist Theory Feminist Perspective

Common Themes “Critical” in what sense? –The “Definition of Crime” as problematic Tend to focus on the law and the operation of the criminal justice system –Why are certain things illegal? –What crimes get enforced? –Who gets arrested for illegal behavior? Power and Inequality

Labeling Theory Irony can be pretty ironic sometimes… Social Context: the 1960s Roots: –Deviance (and crime) as “relative” –Inequality/conflict in how law is applied –Looking-glass self

The Labeling Process Primary Deviance Most engage in this Typically sporadic, not serious Formal Sanctions Degradation ceremony Stigmatizing Change in Self-Concept looking glass self hard to resist formal label Secondary Deviance Caused by new self-image as criminal, (patterned & chronic)

Criticisms of Labeling Theory Little empirical support –Formal sanctions seem to have little effect on behavior Labeling theory cannot explain primary deviance Inaccurate portrayal of “primary deviance” –Often patterned, chronic, serious deviance prior to any formal sanctioning Too obsessed with “formal” sanctions

Revisions of Labeling Theory John Braithewaite –Crime, Shame, and Reintegration Ross Matsueda –Informal labels matter more (parents) –Labeling process as “addition” to other theory

Policy Implications More irony here The “Four D’s” –Diversion –Deinstitutionalization –Decriminalization –Due Process

The Conflict Perspective and “Radical” Theories Is the law defined by “consensus” or “conflict?” Conflict: those with “power” define law and control the justice system –“Power” different for conflict & Marxist theory Implications for the criminal justice system –What laws are enforced and why? –When laws are enforced, who gets arrested?

Conflict Theory As an Explanation of the Content of Law –George Vold: Legislative power As an Explanation of how the Law is Applied –Austin Turk: “criminalization” Example: criminalization more likely when dominant groups behaviors and beliefs coincide, and when dominant group is more sophisticated

Marxist Theory From Marx: –Primary power split is between the owners of the means of production (capitalists) and the shmucks who work for them (proletariat) Same logic as conflict theory

Marxist II Theory of street crime: –Bonger (1916) –Colvin and Pauly (1983) Theory of law: Chambliss –Why vagrancy laws? Instrumental (hard line) vs. Structural Marxism

Policy Implication of Marxist theory? Violent Revolution to Overthrow the Government Institute a Socialist Regime

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…

Criticism of Radical Criminology No compelling explanation of “street crime” –Why do poor victimize poor? Are “socialist” or “communist” countries better? (Lower crime rates?) Why do some capitalist countries (Japan) have low crime rates?

Feminism and the Criminal Justice System Explanation of the Law –Rape, domestic violence If women have less “power,” they should be treated more harshly –Controlling for legal factors, gender differences are weak and inconsistent (if anything, favor women) –Some differences in expected direction for girls versus boys

Feminism and Theory The Gender Ratio Problem The Generalizibility Problem