Critical Theories (Are they really that important?)

1
Critical Theories (Are they really that
important?)

• Labeling Theory
• Conflict/Marxist Theory
• Feminist Perspective

2
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

3
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

4
The Labeling Process

• Formal Sanctions
• Degradation ceremony
• Stigmatizing

• Change in Self-Concept
• looking glass self
• hard to resist formal label

• Primary Deviance
• Most engage in this
• Typically sporadic, not serious

• Secondary Deviance
• Caused by new self-image as criminal, (patterned
  chronic)

5
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

6
Revisions of Labeling Theory

• John Braithewaite
• Crime, Shame, and Reintegration
• Ross Matsueda
• Informal labels matter more (parents)
• Labeling process as addition to other theory

7
Policy Implications

• More irony here
• The Four Ds
• Diversion
• Deinstitutionalization
• Decriminalization
• Due Process

8
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?

9
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

10
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

11
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

12
Policy Implication of Marxist theory?

• Violent Revolution to Overthrow the Government
• Institute a Socialist Regime

13
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)
• Barkans point largely comparing poor with
  poorer

14
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?

15
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

16
Feminism and Theory

• The Gender Ratio Problem
• The Generalizibility Problem