The New Game Plan The New Game Plan

TODAY: Review conflict, Marxist and TODAY: Review conflict, Marxist and cover Feminist cover Feminist

Thursday: Introduction to Lifecourse Thursday: Introduction to Lifecourse Theory + Sampson and LaubTheory + Sampson and Laub

Anything left over we can cover on Anything left over we can cover on the last class (in syllabus, this is an the last class (in syllabus, this is an open day)open day)

Variations of Critical TheoryVariations of Critical Theory

Conflict Theory Conflict Theory Marxist/Radical TheoryMarxist/Radical Theory Left Realism/Peacemaking Left Realism/Peacemaking Feminist CriminologyFeminist Criminology

Conflict versus Consensus Conflict versus Consensus

As a view of societyAs a view of society As an explanation of lawAs an explanation of law As an explanation of criminal justiceAs an explanation of criminal justice As an explanation of crimeAs an explanation of crime

Pluralistic Conflict—Pluralistic Conflict—Explanation of the Law and Explanation of the Law and

Criminal JusticeCriminal Justice– Multiple groups in society with varying Multiple groups in society with varying

levels of powerlevels of power Specific “interest groups”Specific “interest groups” General or broad-based groupsGeneral or broad-based groups

– Those who win conflict get control over Those who win conflict get control over the law and coercive power of the statethe law and coercive power of the state

Empirical EvidenceEmpirical Evidence

The formulation of lawThe formulation of law– Interest groups’ influence on law-makingInterest groups’ influence on law-making– Research on consensus over lawsResearch on consensus over laws

The operation of the CJSThe operation of the CJS– Research on “extra-legal” variables Research on “extra-legal” variables

RACE, CLASS, GENDERRACE, CLASS, GENDER

Conflict: An ExplanationConflict: An Explanationof Street Crimeof Street Crime

Thorston Sellin (1938)Thorston Sellin (1938)– Cultural conflict theoryCultural conflict theory– Gist: violate laws of the majority simply Gist: violate laws of the majority simply

by following the norms of one’s own by following the norms of one’s own reference groupreference group

George Vold (1958) George Vold (1958) – Group conflict theory (crime that results Group conflict theory (crime that results

from conflict)from conflict)

Marxist CriminologyMarxist Criminology

Instrumental Marxist PositionInstrumental Marxist Position– Hard line position Hard line position

Crime and the creation and enforcement of law Crime and the creation and enforcement of law the direct result of capitalismthe direct result of capitalism

Structural Marxist Position Structural Marxist Position – Softer PositionSofter Position

Governments are somewhat autonomous Governments are somewhat autonomous Over time, the direction of the law (creation and Over time, the direction of the law (creation and

enforcement) will lean towards the capitalists enforcement) will lean towards the capitalists

Radical/Marxist CriminologyRadical/Marxist Criminology

As a Theory of Law: As a Theory of Law: – The law will benefit the ruling classThe law will benefit the ruling class– Laws against any act that threatens the power Laws against any act that threatens the power

of the ruling classof the ruling class

As a Theory of the Criminal Justice System:As a Theory of the Criminal Justice System:– The CJS serves to keep the ruling class in The CJS serves to keep the ruling class in

powerpower– The CJS will not enforce laws that run counter The CJS will not enforce laws that run counter

to the interest of the ruling classto the interest of the ruling class

Quinney’s typology of Quinney’s typology of crime?crime?

Crimes of the Capitalists (must Crimes of the Capitalists (must control)control)– Economic DominationEconomic Domination– Crimes of the GovernmentCrimes of the Government– Crimes of ControlCrimes of Control– Social Injuries (should be crimes)Social Injuries (should be crimes)

Crimes of the Lower ClassCrimes of the Lower Class– ““Rebellion”Rebellion”– Crimes of “Accommodation”Crimes of “Accommodation”

Criticisms of Marxist Criticisms of Marxist CriminologyCriminology

An “underdog theory” with little basis in An “underdog theory” with little basis in factfact

Are “socialist societies” any different?Are “socialist societies” any different? Other capitalist countries have low crime Other capitalist countries have low crime

ratesrates Most crime is poor against poor—Marxists Most crime is poor against poor—Marxists

ignore the plight of the poor.ignore the plight of the poor.

New Directions in Radical New Directions in Radical TheoryTheory

Left Realism & Peacemaking Left Realism & Peacemaking CriminologyCriminology– Recognize that crime is “real problem,” but Recognize that crime is “real problem,” but

the answer is simply a more “just” or the answer is simply a more “just” or “caring” world“caring” world

Problem = no longer a “theory” in any Problem = no longer a “theory” in any sensesense– How the world “should be” rather than how How the world “should be” rather than how

it really isit really is

Elliott CurrieElliott Currie

““Market Society” revisitedMarket Society” revisited– Not “capitalism causes crime” Not “capitalism causes crime”

Many capitalist countries have low crime Many capitalist countries have low crime ratesrates

Sweeden (bottom up)Sweeden (bottom up) Japan (top down)Japan (top down)

– ““Mean spirited” capitalism causes crimeMean spirited” capitalism causes crime– But How? But How?

Feminist PerspectivesFeminist Perspectives

1970s Women’s Movement1970s Women’s Movement– More female criminologists More female criminologists – Focus on gender, “socialization” and Focus on gender, “socialization” and

“inequality” “inequality” Versions of Feminist ThoughtVersions of Feminist Thought

– Liberal FeministsLiberal Feminists Socialization, Legal OpportunitySocialization, Legal Opportunity

– Radical/Critical Feminists Radical/Critical Feminists Patriarchy, Patriarchy,

Feminism and the CJSFeminism and the CJS

Conflict hypothesis for CJS?Conflict hypothesis for CJS? Finding:Finding:

– If anything, females treated more lenientlyIf anything, females treated more leniently– Why?Why?

Conflict hypothesis for the law?Conflict hypothesis for the law?– Radical feminists successful and creating Radical feminists successful and creating

changes in law (e.g., “date rape”)changes in law (e.g., “date rape”)

Feminist TheoryFeminist Theory

The Gender RatioThe Gender Ratio

The “Feminization of Crime”The “Feminization of Crime”

The Generalization ProblemThe Generalization Problem

The Gender Gap or RatioThe Gender Gap or Ratio

Males dominate Criminal OffendingMales dominate Criminal Offending– UCR data UCR data

Total Offending Male to Female is 3.5 to 1Total Offending Male to Female is 3.5 to 1 Serious Violent Male to Female is 5 to 1Serious Violent Male to Female is 5 to 1

– Relationship holds for self-report data, Relationship holds for self-report data, over time, across societies over time, across societies One exception is for juvenile “status One exception is for juvenile “status

offenses”offenses”

Is the gender ratio Is the gender ratio shrinking?shrinking?

Yes and NoYes and No Yes:Yes:

– The gender gap has shrunk a little bit, but The gender gap has shrunk a little bit, but still very largestill very large % increase in female offending is misleading % increase in female offending is misleading b/c small base rate, minor increases are b/c small base rate, minor increases are

amplifiedamplified

Adler’s “Women’s Lib” hypothesisAdler’s “Women’s Lib” hypothesis– You’ve come a long way baby, but you still You’ve come a long way baby, but you still

commit “traditional” female crimescommit “traditional” female crimes

Explaining the Gender RatioExplaining the Gender Ratio

Can Mainstream Theory Explain the Can Mainstream Theory Explain the Gender Ratio?Gender Ratio?

GenderGender Crime/Crime/DelinquencyDelinquency

Mainstream Theory Mainstream Theory

Variables Variables

Example of Study: Jensen Example of Study: Jensen (2001)(2001)

GenderGender DelinquencyDelinquency

DeterrenceDeterrenceSelf-Concept/Sex RolesSelf-Concept/Sex RolesAntisocial AttitudesAntisocial AttitudesMaternal Controls Maternal Controls Delinquent PeersDelinquent Peers

And the winners are…And the winners are…

Antisocial AttitudesAntisocial Attitudes Delinquent PeersDelinquent Peers Gender RolesGender Roles

Combination of these three “knocks Combination of these three “knocks gender out” of the picturegender out” of the picture– Or, “controlling” for these factors, Or, “controlling” for these factors,

gender no longer predicts delinquencygender no longer predicts delinquency

The “Generalizibility Issue”The “Generalizibility Issue” Patriarchal society Patriarchal society Males also Males also

dominate criminological theorizing dominate criminological theorizing – Are males biased in their perspective?Are males biased in their perspective?

Traditional image of females as “good”Traditional image of females as “good” If delinquent or criminal = pathologyIf delinquent or criminal = pathology

– Tests of delinquency based on males?Tests of delinquency based on males?– Can “male” theories of crime explain Can “male” theories of crime explain

female delinquency? female delinquency? Similar questions have been raised Similar questions have been raised

regarding intervention/treatment regarding intervention/treatment

Factors Unique Female Factors Unique Female Offending?Offending?

Gender RolesGender Roles Physical MaturityPhysical Maturity

– Caspi et al = Delinquent Peers x early Caspi et al = Delinquent Peers x early MaturityMaturity

Sexual abuseSexual abuse Self-esteem Self-esteem

What is the “evidence?” What is the “evidence?”

Many mainstream theories have Many mainstream theories have been tested on femalesbeen tested on females– Most predict female offending as well as Most predict female offending as well as

male offendingmale offending– Some (control theories) predict female Some (control theories) predict female

offending better than male offendingoffending better than male offending Could we still do better?Could we still do better?

– ““Feminist” theories of crimeFeminist” theories of crime

Other Feminist ConcernsOther Feminist Concerns

The Corrections System The Corrections System – 1 prison per state 1 prison per state – Treatment programsTreatment programs

Few available, geared towards male, Few available, geared towards male, stereotypical stereotypical

– Still belief in “pathology”Still belief in “pathology” Women much more likely to be medicated Women much more likely to be medicated

– Issues of pregnancy and childrenIssues of pregnancy and children