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
View Full Document