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Delve into Labeling Theory, Conflict/Marxist Theory, and Feminist Perspective, analyzing the impact of power, inequality, and social context on crime definitions and law enforcement. Explore criticisms, revisions, policy implications, and predictions stemming from these theoretical frameworks.
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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 • 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)
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