Why Else Do We Have Criminal Justice

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Why Else Do We Have Criminal Justice?

• Dr. Matt Robinson
• CJ 3532
• Injustice in America
• Appalachian State University

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Jeffrey Reiman

• Criminal justice operations are really aimed at
• FAILING to reduce crime and do justice
• Failure amounts to a success
• Pyrrhic defeat theory the failure of the
  criminal justice system yields such benefits to
  those in positions of power that it amounts to a
  success.

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Jeffrey Reiman

• How?
• Must fail so that people remain afraid of those
  below them (the poor)
• Must fail so that people will not concern
  themselves with those above them (the wealthy)
• This allows wealthy to get away with all kinds of
  harmful acts and also controls the poor

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Jeffrey Reiman

• So, CJN is really for
• 1) Population control
• 2) Serving limited interests
• Focus on serious crime (street crime)
  disproportionate focus on poor minority males
• AND less focus on elite deviance
  (white-collar and corporate crime)

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Jeffrey Reiman

• We are focused on and worried about street crime
• But street crime (aka serious crime) is really
  not the most serious crime
• Criminal law makes it seem like threat comes from
  below us (dangerous poor)
• The greatest threats to us really come from above
• (white-collar and corporate crime)

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Functions versus Purposes of Criminal Justice

• It is possible that criminal justice serves
  functions without them being intended!
• Maybe criminal justice controls certain groups
  more
• Maybe criminal justice serves some interests more
• This does not mean it is intended
• Criminal justice evolved over time to be this way

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Functions versus Purposes of Criminal Justice

• If this is true, why dont the poor rise up?

• Not informed enough to do so, and no power to do
  so

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Politics, Ideology, and Criminal Justice

• Criminal justice is affected by politics and
  ideology
• Politics governing decisions that decide who
  gets what in society, when and how, and whose
  values are enacted into law
• Ideology beliefs and values of a people that
  underlie American economic and political systems

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Politics, Ideology, and Criminal Justice

• Politics, ideology, and criminal justice are
  intimately linked and inseparable (p. 35).
• Politicians have most power in setting crime
  control policy.
• Power ability to influence policy (law, rules,
  etc.)
• Starts with defining crime
• All criminal justice comes from the criminal law!

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Remember this???
LAW Crime CORRECTIONS MEDIA
COURTS POLICE Source Adapted from
Robinson (2000 136)
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Politics, Ideology, and Criminal Justice

• What is the dominant ideology of criminal justice
  today?
• Conservative
• Tough on crime (non-rehabilitative/non-preventive)
  
• Individualistic
• Unplanned
• This is true for Republicans and Democrats!

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Politics, Ideology, and Criminal Justice

• What is the dominant ideology of criminal justice
  today?
• Conservative
• Tough on crime (non-rehabilitative/non-preventive)
  
• Individualistic
• Unplanned
• This is true for Republicans and Democrats!

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Politics, Ideology, and Criminal Justice

• Democrats and Republicans compete to see who can
  spend the most money and appear the most punitive
  in putting together crime control legislation
  It is not scientific proof that persuades, it is
  appeal to fear about serial killers, stalkers,
  drive-by-shootings, carjackings, and violent
  predators. (p. 41)

terrorists, child abductors, meth users, steroid
using baseball players, and violent celebrities??
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Well, does it work?

• Does this GET TOUGH, CONSERVATIVE,
  INDIVIDUALISTIC crime fighting work?
• Does it meaningfully reduce crime?
• Does it help bring about justice?