Criminology Chapter 9

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Grant Macewan Uni. Criminology 225 criminology in Canada: theories, patterns, and typologies L.J. Siegel C. McCormick

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goal of social conflict theory explain crime w/in economic & social contexts & to express connections among social class, crime, social control; what governments role, rela. b/w personal & group power in controlling/ shaping criminal law
conflict theory a general approach that sees criminal Bhav as caused by economic inequality, & criminal law defined by those in power
2 component of production 1) productive forces: technology, energy, material resources 2) relations of production: exist among ppl producing goods and services
class position in relation to others
Marx believed society changed from... revolution, sudden violence, destabilized times
conflict theory criminologist: W. Bonger, R. Dahrendorf, G. Vold
3 W. Bonger believes in 1. ruling class 2. inferior class 3. capitalism, legal system defends needs of wealthy & discriminates against poor
2 R. Dahrendorf 1. imperatively coordinated association: authority vs. dominated 2. plurality of competing interests
4 Dahrendorf unified conflict theory 1) society subject to change, social change everywhere 2) society has points of dissent & conflict, conflict everywhere 3) all elements of society contribute to disintegration & change 4) based on coercion of some members by others
3 G. VOld 1) laws created by politically oriented group 2) if a group can successfully gain support, law will be created 3) every stage of process is marked by conflict
modern conflict theory self-report studies show crime is evenly distributed in population, middle class population is going unrecorded
3 Conflict Theorist Goals 1) ID rel crimes in society 2) evaluating how criminal law is used as mechanism of social control 3) turning attention of citizens to inequalities
1970s conflict theory began to have power w/in society
social reality of crime Quinney's conflict theory interrelationships b/w power, society, criminality
4 Quinney believed criminal definitions are based on: 1) changing social conditions 2) emerging interests 3) increase demands that political, economic, religious interests be protected 4) changing conceptions of public interest ... (mirror of political organization in control)
norm resistance interaction b/w authorities & subjects that eventually produce open conflict b/w 2 groups
dangerous classes personal characteristics (single, young, urban, male) that can result in harsher treatment in criminal justice system
4 Criminal injustice within the system 1) Blacks & Natives are more likely to be stopped or arrested 2) Caucasians are more likely to be granted bail 3) wealthy are hurried through CJS 4) powerless need greater voices in CJS
People are arrested or stopped more often if they stand out in everyday life, ex. neighborhood with mostly Caucasian and few blacks
3 criticisms of conflict theory 1) crime is rational choice made by greed rather then poverty 2) less likely a function of poverty instead of personal need 3) crime is not reduced when in free-market societies
3 Middle or high class crime 1) cheating on taxes 2) stealing from jobs 3) corporate crime
Criminal Code of Canada Bill C-45 took into account corporate liability against major accidents that could have been avoided
Modern Radical Theory comes from National Deviancy Conference (NDC)
Radical Criminology relates to feminist scholars
Marxist Criminology empirical-value testing, make public aware of crimes of power, criminals are not social misfits rather product of society& economics
3 Marxist Criminology 1. society will produce own types & amounts of crime 2. society will have its own distinctive ways of dealing w/ criminal Bhav 3. society gets amount & type of crime that it deserves
Criminality is a function of... social and economic organization of society
Surplus value marxist view labouring classes produce wealth that far exceeds their wages and goes to capitalist class as profits
profits can go to improving technology, enrich owners, or improve labourers wage
4 as surplus values increase... 1) downsizing 2) increase in technology over worker 3) displaced workers forced into temporary positions 4) in turn increases murder rates/ crime
Instrumental Marxism view criminal law and criminal justice system as instrument for controlling poor, state tool of capitalists; CJS serves powerful, enables their morality
5 Instrumental Marxism believe.. 1) poor people are prosecuted more often then rich 2) riots occur when frustration becomes unbearable 3) criminal law is an instrument to maintain order 4) lower classes must be oppressed in capitalism 5) socialism will solve crime
Instrumental in Instrumental Marxism defined by... being a tool to shape law and enforce the lower classes
privilege concept refers to wealth & prestige enjoyed by some, w/h puts them in conflict w/ those in society who are less well off
Michael Lynch critics Instrumental Marxism assumptions that law operates as tool for ruling class, when in fact some laws rule in favor of poor
Structural Marxism view law as designed to maintain capitalist system; individuals whose Bhav threaten social stability will be sanctioned
Structural Marxism, law is a domain of... all classes, however law is used to maintain long-term capitalist goals ex. price fixing, false ads, illegal restraint of trade
5 stephen Spitzer Marxian theory of deviance 1) Capitalists appropriate product of human labour 2) social conditions under capitalist production -wages 3) Patterns of consumption - using drugs for escape 4) process of socialization for production -youths refuse school 5) ideology supporting function of capitalist
4 Capitalist deal w/ those who oppose it by: 1) normalize formally illegal acts 2) conversion, co-opting deviants as part of system 3) Containment by segregation 4) supports organized crime
2 Marxists Criminologists believe research methods 1) used by mainstream are designed to mask powerlessness -correctionalism 2) research is used to see how accumulation of wealth affects crime
2 themes in rela. among crime, victims, criminal, state 1) Crime & control are function of capitalism 2) Justice system is biased against working class, favouring upper class
3 prison rates grow in America when: 1) highest unemployment rate 2) highest revenues 3) largest black population
Historical Analysis changes in law have changed over time of capitalist rein; development of modern police agencies
6 Critics of Marxists 1)refuse to confront problem w/ socialist countries 2) Capital is to blame for every human vice 3)doesn't explain criminality existing in states where private ownership is abolished 4) overlook distinctions b/w diff. classes 5) attempt to explain obvious greed 6) suspicion of practices that ppl cherish as cornerstones of democracy
Critical Criminology looks at crimes of powerful, views crime as consequences of unequal power relations in society - left realism
left realism a branch of conflict theory that holds crime is a social problem experiences by lower classes, criminologists should develop crime prevention strategies
5 Left Realism 1) rejects utopian/ idealistic view 2) abuse of power of ruling elite 3) war is a crime, abuses rights of human beings 4) crime victims needs protection in all classes 5) police and laws tend to alienate lower classes
pre-emptive deterrence community organization efforts can reduce crime b4 it becomes necessary to use police force
7 Principles of left realism 1) Crime symbol of antisocial nature of capitalism 2) rela. b/w police & public determine efficacy of policing 3) rela. b/w victim & offender =impact of crime 4) rela. b/w state & offender = major factor in recidivism 5) relative deprivation = discontentment leads to crime 6) local crime survey best measure of crime in area 7) anti-crime strategy should be short term, avoid crime-control increased
feminist theory cause of crime related to gender diff., exploitation of female victims/ offenders, ignoring female
Marxist Feminism stems from unequal power of men & women in capitalist society, women are commodity/ possession, male domination over laws
Marxist Fem. see women as powerless therefore... more likely to be a target for violence, abuse
Radical feminism crime is caused by male supremacy, subsequent subordination & control of women by male aggression
female criminal is a victim why? male dominated society views/ defines deviance of females in specific ways
Radical feminism criticism focuses on middle class Caucasian women w/out taking into account lesbians, other races
2 Radical Fem. 1) Justice system contributes to female delinquency 2) female sexual delinquents are treated harshly & segregated
2 Power-Control Theory Hagan 1) class position - power 2) family function - control
paternalistic families characterization of leaders in gov. or organization as father figures, others treated as children
egalitarian description of an equal sharing of authority & power, b/w partners in family
Power-control theory implies overall crime rates of middle class, higher then lower class
deconstructionism crictical analysis of language in legal codes & regulation to determine how content causes racism or sexism to become institutionalized
semiotics language that comprises a set of signs that describe world by conveying meanings understood by their audience
Premenstrual Dysphoric Disorder deviantizes women's experience of sexuality
restorative justice mediation & conflict resolution are used as an alternative to more formal court system to heal injury to personal & community relations
2 Zehr - Restorative justice 1) community, victim, offender 2) promotes repair, reconciliation, reassurance
legal view of aggregation possess group qualities: common meanings, values, sustained interaction, symbolic bonds
restorative view of aggregation bureaucratic nature of society is not capable of manifesting social quality = damage to community through state
Adversary systems encourages accused to deny, justify, excuse actions rather then accept responsibility
3 principles of restorative justice 1) community ownership of conflict 2) material & symbolic reparation for victims/ community 3) social reintegration of offender
6 Victim concerns in Restorative Justice 1) Victims are props for drama focused on offender 2) may press blaming rather then restorative shaming 3) criminal defendants more rights than victims in legal process 4) listening to offender story victimizes victim 5) Victim may just want property back 6) active participation is more emotionally demanding
peacemaking stresses humanism, mediation, conflict resolution as a means of end of crime, views punishment as encouraging
marginalization condition results when ppl live in areas conductive to crime, leading to their decreased commitment to system, producing another criminogenic force: weakened bond to society
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