Critical Theories (Are they really that important?)

Labeling Theory

Conflict/Marxist Theory

Feminist Perspective

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

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

The Labeling Process

Primary Deviance

•Most engage in this

•Typically sporadic, not serious

Formal Sanctions

•Degradation ceremony

•Stigmatizing

Change in Self-Concept

•looking glass self

•hard to resist formal label

Secondary Deviance

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

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

Revisions of Labeling Theory

• John Braithewaite– Crime, Shame, and Reintegration

• Ross Matsueda – Informal labels matter more (parents)– Labeling process as “addition” to other theory

Policy Implications

• More irony here

• The “Four D’s”– Diversion– Deinstitutionalization – Decriminalization– Due Process

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?

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

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

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

Policy Implication of Marxist theory?

• Violent Revolution to Overthrow the Government

• Institute a Socialist Regime

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)

• Barkan’s point: largely comparing poor with poorer…

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?

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

Feminism and Theory

• The Gender Ratio Problem

• The Generalizibility Problem