Criminology Chapter 8 Notes
Criminology Chapter 8 Notes SOC3890
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This 7 page Class Notes was uploaded by Carly Pate on Sunday January 24, 2016. The Class Notes belongs to SOC3890 at Clemson University taught by William White in Spring 2015. Since its upload, it has received 46 views. For similar materials see Criminology in Sociology at Clemson University.
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Date Created: 01/24/16
Chapter 8 Social Con ict Critical Criminology and Restorative Justice Introduction socia con ict theorists view crime as a function of social con ict and economic rivalry critica criminologists o 1 reject that law is designed to maintain a tranquil fair society and that criminals are malevolent people who wish to trample the rights of others 0 2 consider acts of racism sexism imperialism unsafe working conditions inadequate child care substandard housing pollution and warmaking to be quottrue crimesquot 0 moral base undertone o moral depravity critica criminologists are concerned with o 1 the role government plays in creating a crimogenic environment 0 2 the relationship between personal or group power and the shaping of criminal law 0 3 the prevalence of bias in justice system operations William Wilbanks believes there is no bias 0 4 the relationship between a capitalist freeenterprise economy and crime rates Historical Development Karl Marx identi ed the economic structures in society that control all human relations He said 0 1 crime is the product of law enforcement policies akin to a labeling process theory 0 2 a connection exist between criminality and the inequities found in the capitalist system 0 3 crime is a function of social demoralization A Marxist View productive forces and productive relations 0 in his defense Marx s view of society was shaped by the economic trends of his time he lived in an era of unrestrained capitalist expansion Marx publish his famous Communist Manifesto in 1848 which focused on the economic conditions perpetuated by the capitalist system 0 He said that this development had turned workers into a dehumanized mass that merely existed at the mercy of the capitalist employers according to Marx production has two components 1 productive forces technology energy sources and material resources 2 productive relations the relationships that exist among the people producing goods and services he believed that the most important relations in industrial culture is between capitalist bourgeoisie the owners of production proletariat people who do the actual work 0 lumpen proletariat the bottom of society the fringe members who produce nothing and live off the work of others the Marxist view of class does not refer to any personal characteristic of a person or group rather it denotes one s position in relation to others he stated it is not necessary to have wealth or prestige to be part of capitalist class it is more important to have the power to exploit concusion when conditions become bad enough the oppressed will rise up to ght the owners of the means of production and eventually replace them thus the capitalist system will destroy itself because quotSocial demoralizationquot will cause a collapse of society William Bongg society is divided into haves and havenots due to the system of production that is in place 0 every society is divided into a ruling class and an inferior class the penal aw serves the will of the ruling class the legal system discriminates against the poor by defending the actions of the wealthy and it is the proletariat who are depdved Ralf Dahrendorf 0 modern society is organized into two distinctly coordinated associations 1 those who posses authority and use it for domination and 2 those who lack authority and are dominated thus society is a plurality of competing interest groups 0 proposed a uni ed con ict theory of human behavior 0 1 social change is everywhere all of the time o 2 social con ict is everywhere all of the time o 3 every element in society contributes to its disintegration and change 0 4 others base every society on the coercion of some of it members George Vold laws are created by politicallyoriented groups that seek the government s assistance to help them defend their rights and protect their interests criminal acts are a consequence of direct contact between forces struggling to control society Creating a Critical Criminology the social ferment of the 19605 gave rise to critical criminology National Deviancy Conference 1968 members rejected the conservative stance of criminologists and their close nancial relationship with government funding agencies critique of existing methods in criminology they questioned the role criminology plays in supporting the status quo and aiding in oppression they said the justice system protects the rich and powerful aw represents the interests of those who hold power Contemporary Critical Criminology 0 today critical criminologists devote attention to o 1 the use and misuse of power 0 2 critiquing the eld of criminology o 3 the current state of the American political system and the creation of an American empire abroad 0 4 the rapid buildup of the prison sLstem and passage of draconian criminal laws 0 5 global capitalism How Critical Criminologists De ne Crime crime is a political concept designed to protect the power and position of the upper classes at the expense of the poor they call for a separate specialization of supranational criminology comprised of the study of o 1 war crimes 0 2 crimes against humanity 3 violations of the supranational penal system How Critical Criminologists View the Cause of Crime critical thinkers believe the key crimeproducing element of modern corporate capitalism is the effort to create surplus value this means that the desire to achieve and attain wealth is akin to the criminal mindset 1 as the rate of surplus value increases more people are displaced and the marginal population increases 0 2 as more people are thrust outside the economic mainstream marginalization occurs and more people are forced to live in areas conducive to crime 0 3 once marginalized peoples commitment to the svstem declines weakening bonds to society 0 4 those in power assume that poor economic conditions breed crime and social disorder they assume the worst and devote greater attention to the criminal justice system and criminalize the behaviors of the marqinalized to control them 0 picture in book worker produces pro t capitalist pro ts buy machines workers make less economic crisis globalization is the process of creating transnational markets and political and legal systems globalization began when large companies established themselves in foreign markets 0 some believe globalization can improve the standard of living in third world nations by providing jobs and training 0 critical theorists question the altruism of multinational corporations critica criminologists say that globalization has replaced imperialism and colonization as a new form of economic domination globalization two elements of globalization encourage criminality o 1 technological advances and the growth of international trade have all aided the growth in illicit transnational activities such as the cross boarder movement of goods and people 0 2 cultural shift means less intervention and regulation conditions exploited by crime groups to cross unpatrolled borders and to expand their activities to new regions of the world tate organized crime 0 acts de ned by law as criminal and committed by state of cials both elected or appointed in pursuit of theirjobs as government representatives 0 efforts to either maintain governmental power or to uphold the race class and gender advantages of those who support the government examples 0 1 illegal domestic surveillance 0 2 human rights violations 0 3 statecorporate crime 0 4 state violence Instrumental vs Structural Theory instrumental theory views criminal law and the criminal justice system solely as instruments for controlling the poor the havenots structural theory 0 says law is not the exclusive domain of the rich rather it is used to maintain the longterm interests of the capitalists system and to control members of any class who threaten its existence Research on Critical Criminology critical criminologists believe the traditional approach of measuring research subjects is antihuman and intensive critica criminologists believe mainstream research is designed to unmask the weak and powerless members of society so they can be better dealt with by the legal system better techniques are 0 1 look at historical trends and patterns for truth 0 2 examine the criminal justice system for flaws 3 national population trends should dominate policy 0 4 capitalism no in uence on punishment distribution Critique of Critical Criminology mainstream criminologists say critical theory 0 rehashes the old tradition of helping the underdog unfairly neglects the capitalist system s efforts to regulate itself ignores efforts to institute social reforms aimed at helping the oor refuses to address the problems and con icts that exist in socialist countries fails to explain why some highly capitalist countries have extremely low crime rates Forms of Critical Criminology three recognized forms of critical criminology 0 left realism 0 critical feminist theory 0 powercontrol theory peacemaking criminology Left Realism o experiencing poverty in the midst of plenty creates discontent and breeds crime 0 relative deprivation equals discontent discontent plus lack of political solution equals crime 0 street criminals prey on the poor making them poor doubly abused rst by the capitalist system and then by members of their own class 0 wish that police would reduce their use of force and increasi their sensitivity to the public wants police to be more responsive to community needs to end racial pro ling and improve efforts at selfregulation via citizen review boards preemptive deterrence community efforts eliminate or reduce crime before police involvement becomes necessary this is a belief in selfcorrectionselfsufficiency and is akin to many forms of postmodern thought Critical Feminist Theory 0 views gender inequality as stemming from the unequal power of men and women in a capitalist society which leads to the exploitation of women by fathers and husbands o patriarchy or male supremacy continues to be supported by capitalists 0 dual exploitation of women in the household and labor force 0 crime linked gender con ict created by the economic and social struggles common in postindustrial societies PowerControl Theory 0 crime and delinquency rates are a function of two factors 0 1 class position power 0 2 family functions control 0 says parents reproduce the power relationships they hold in the workplace girls growing up in patriarchal families are socialized to fear legal sanctions more than are males Peacemaking Criminology o 1 the main purpose of peacemaking criminology is to promote a peaceful just society 0 2 mutual aid rather than coercive punishment is the key to a harmonious society 0 3 advocates of peacemaking criminology try to nd humanist solutions to crime and other social problems they advocate such policies as mediation and con ict resolution 0 4 state punishment and control viewed as crime encouraging 5 advocate such policies as mediation and con ict resolution Critical Theory and Public Policy The Concept of Restorative Justice 0 hard to de ne because it encompasses a variety of programs and practices 0 1 address victims harm and needs hold offenders accountable o 2 involve victims offenders and communities in the process of healing o 3 core value of the process is respect 0 based on the principle of reducing social harm restorative justice advocates argue that old methods of punishment are a failure critical theory promotes reintegrative shamingas a method of informal social control in US crime is not shameful and criminals view themselves as victims of the justice system it emphasizes stigmatization an ongoing process of degradation in which the offender is branded as an evil person and cast out of society disapproval is extended to the offenders evi deeds while at the same time they are cast as respected people who can be reaccepted by society The Restoration Process rede nes crime in terms of a con ict among the offender the victim and the effected constituencies families schools workplaces etc 1 offender must recognize harm and accept responsibility 2 the justice system focuses on healing instead of retribution and revenge 3 reconciliation is a core component 4 effectiveness is dependent on the stake someone has in the community 5 commitment to monetary restitution i and symbolic reparation apology The Challenges of Restorative Justice concerns is it a political movement or a treatment process must be wary of the cultural and social differences that can be found in our heterogeneous society there is still no single de nition of what constitutes restorative ius ce balancing the needs of offenders and victims bene ts may only work in the short termwhat do you do when an offender reoffends
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