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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