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FINAL EXAM (non-cumulative)Conflict Criminology- Opposition to Mainstream Criminologyo Sutherland’s definition of the field: The systematic study of 1. The processes of making the law 2. Break of law 3. Reaction to breaking the lawo Asking “where does the law originate?” Focuses on 1st part of definition Results from a political process, not moral (Moses) Looks at etiology of criminal law Could criminality be reified?o Somebody ought to make a law Somebody is upset, so they should do something Two ways which law comes about- Consensus- law is accurate representation of the majority of the population- Conflict - focuses on givers/takers, winners/losers (looks at divisionof people in society)o V.I. Lenin- “who? whom?” Who is subjecting whom to the law? Victimization important to him- Karl Marx (+Fredrich Engels)o Industrial revolution + Urbanization From agrarian to manufacturing oriented economies- Upsets fundamental relationships, they are now less integrated- Now you fit a role in society, no matter your personality, situation, etc. Filth + Degradation- What happens due to increase (ex. child labor)- Exploitation (they are in need, and what do we give them? We indebt them to society) Zero sum assumption of wealth distribution- Suggests that we live in a world where gross output is fixed, no matter the population- This means if one person wins, someone else MUST lose Marxist theory of value (flawed)- Amount of value something has is directly related to the amount oftime/labor put into it Challenges the social contract theory- The source of the Problem: Capitalismo Class divisions- bourgeoisie, proletariat (surplus labor- boom and bust cycle leaves many unemployed and demoralized)o Internal contradictions of capitalism Bourgeoisie own all of production, so everyone else realizes their power of people Imbalance will eventually produce revolt- Class consciousness will precipitate this Capitalism will eventually be replaced by collective ownership and elimination of private property- Caused by collapse of society/revolt Lumpenproletariat- criminal underclass- Some dispute whether criminals can be viewed as class warriors (ex. Robin Hood stole from rich and gave to poor)- Foci + Fundamentals of Critical Criminologyo Inequality- unequal application of the law (especially white collar crime)o The role of the state (corruption on the part of the officials)o Interest groups- push agendas to change laws to benefit more peopleo Economy (access to resources)o All crime is political – you can’t have a criminal if you don’t have an infraction ofthe lawo Marxist inspired thinking attempts to explain what perfect society should look like – “social harmony”o Critical criminologists reject positivism We can now define one class of people as criminal, where before we couldnot- Culture Conflict (Sellin, 1938)o Conduct norms differ cross-culturally Honor killings Blood feuds Suttee ( indian practice of burning wife when husband dies)o In urban environments many cultures proliferate Melting pot issueo Conflict in defining orienting values ensueso Conflict is mediated by the stateo One group assumed the right to impose its values on otherso Resistance results This produces a constant process of law application and adaptation to the law If law pushes, people push back- Reemergence of Radical Criminology (70s)o Movement fed by suspicion of government in the wake of Watergate and success of anti-war and civil rights movemento Turk’s “theory of criminalization”- taking formerly legal acts and making them crime `the more offensive the act, the more severe the law Relative power of enforcers and resisters Realism of the conflict motives (unrealistic aims produce criminalization)o Quinney’s “social reality of crime” Society is organized into segments Those w/ more organizational capacity have more freedom to act and power in defining laws- The Behavior of law (Black 1976)o Attempts to locate the correlates of how law is appliedo Makes no normative statements; does not say what is right/wrong or what society should beo Law is organized on 5 dimensions of “social geometry” Vertical (stratification, measured in wealth)- Informs how much you are the “definer” of the law Horizontal (morphology – relational distance/integration)- The more integrated you are, the more informed you are with the decisions Culture (symbolic aspects – religion, education, science)- Those who have more education have more culture Organization (capacity for collective action)- The more able to organize = easier to manipulate the system Social control ( responses to deviance can include ethics, custom, etiquette– law is greater where informal control is weak) The more integrated you are, the more you can use the law instead of being used by it- Post Modernism – the Role of Voiceo Moves from economic to knowledge productiono Contends that “science” should not be privileged Should not be politicized to advance partieso Focus on deconstructing discourse- challenging primary assumptions Going behind the science to the trutho Recognition that some argument more privileged than others; especially that offered by those with wealth and powero Those with a role in the system assume a “discursive subject position” in which they advance their position within the larger structure Solution: establish “replacement discourses” inclusivity, diversity of communication (i.e. qualitative research)- Policy Implicationso Collectivize the means of production Expand the social safety net; feed, clothe, and educate citizenso Prison reform or abolition; punishment = violenceo Localize law enforcement functionso Prosecute white collar crime more vigilantlyo Decriminalize certain behaviors for “victimless crimes” Legalize and regulate insteadModern Strain Theories- Criticism of early anomie theoryo Does a good job of explaining conformity (not deviance)o 50s and 60s – booming economy yet more crime Legitimacy must be questionedo Low expectations + low aspirations is associated with crime, while theory suggests that people w/ high ambition + goals will be the ones to deviate to attain success- Crime and the American Dreamo Instiutional Anomie Theory Messner + Rosenfeld argue that- Achievement orientation dominateso Monetary worth = net wortho Earn at any costo No


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UMD CCJS 105 - FINAL EXAM

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