The New Game Plan

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The New Game Plan

• TODAY Review conflict, Marxist and cover
  Feminist
• Thursday Introduction to Lifecourse Theory
  Sampson and Laub
• Anything left over we can cover on the last class
  (in syllabus, this is an open day)

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Variations of Critical Theory

• Conflict Theory
• Marxist/Radical Theory
• Left Realism/Peacemaking
• Feminist Criminology

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Conflict versus Consensus

• As a view of society
• As an explanation of law
• As an explanation of criminal justice
• As an explanation of crime

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Pluralistic ConflictExplanation of the Law and
Criminal Justice

• Multiple groups in society with varying levels of
  power
• Specific interest groups
• General or broad-based groups
• Those who win conflict get control over the law
  and coercive power of the state

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Empirical Evidence

• The formulation of law
• Interest groups influence on law-making
• Research on consensus over laws
• The operation of the CJS
• Research on extra-legal variables
• RACE, CLASS, GENDER

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Conflict An Explanationof Street Crime

• Thorston Sellin (1938)
• Cultural conflict theory
• Gist violate laws of the majority simply by
  following the norms of ones own reference group
• George Vold (1958)
• Group conflict theory (crime that results from
  conflict)

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Marxist Criminology

• Instrumental Marxist Position
• Hard line position
• Crime and the creation and enforcement of law the
  direct result of capitalism
• Structural Marxist Position
• Softer Position
• Governments are somewhat autonomous
• Over time, the direction of the law (creation and
  enforcement) will lean towards the capitalists

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Radical/Marxist Criminology

• As a Theory of Law
• The law will benefit the ruling class
• Laws against any act that threatens the power of
  the ruling class
• As a Theory of the Criminal Justice System
• The CJS serves to keep the ruling class in power
• The CJS will not enforce laws that run counter to
  the interest of the ruling class

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Quinneys typology of crime?

• Crimes of the Capitalists (must control)
• Economic Domination
• Crimes of the Government
• Crimes of Control
• Social Injuries (should be crimes)
• Crimes of the Lower Class
• Rebellion
• Crimes of Accommodation

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Criticisms of Marxist Criminology

• An underdog theory with little basis in fact
• Are socialist societies any different?
• Other capitalist countries have low crime rates
• Most crime is poor against poorMarxists ignore
  the plight of the poor.

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New Directions in Radical Theory

• Left Realism Peacemaking Criminology
• Recognize that crime is real problem, but the
  answer is simply a more just or caring world
• Problem no longer a theory in any sense
• How the world should be rather than how it
  really is

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Elliott Currie

• Market Society revisited
• Not capitalism causes crime
• Many capitalist countries have low crime rates
• Sweeden (bottom up)
• Japan (top down)
• Mean spirited capitalism causes crime
• But How?

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Feminist Perspectives

• 1970s Womens Movement
• More female criminologists
• Focus on gender, socialization and
  inequality
• Versions of Feminist Thought
• Liberal Feminists
• Socialization, Legal Opportunity
• Radical/Critical Feminists
• Patriarchy,

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Feminism and the CJS

• Conflict hypothesis for CJS?
• Finding
• If anything, females treated more leniently
• Why?
• Conflict hypothesis for the law?
• Radical feminists successful and creating changes
  in law (e.g., date rape)

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Feminist Theory

• The Gender Ratio
• The Feminization of Crime
• The Generalization Problem

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The Gender Gap or Ratio

• Males dominate Criminal Offending
• UCR data
• Total Offending Male to Female is 3.5 to 1
• Serious Violent Male to Female is 5 to 1
• Relationship holds for self-report data, over
  time, across societies
• One exception is for juvenile status offenses

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Is the gender ratio shrinking?

• Yes and No
• Yes
• The gender gap has shrunk a little bit, but still
  very large
• increase in female offending is misleading
• b/c small base rate, minor increases are
  amplified
• Adlers Womens Lib hypothesis
• Youve come a long way baby, but you still commit
  traditional female crimes

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Explaining the Gender Ratio

• Can Mainstream Theory Explain the Gender Ratio?
• Gender Crime/Delinquency
• Mainstream Theory
• Variables

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Example of Study Jensen (2001)

• Gender Delinquency
• Deterrence
• Self-Concept/Sex Roles
• Antisocial Attitudes
• Maternal Controls
• Delinquent Peers

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And the winners are

• Antisocial Attitudes
• Delinquent Peers
• Gender Roles
• Combination of these three knocks gender out of
  the picture
• Or, controlling for these factors, gender no
  longer predicts delinquency

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The Generalizibility Issue

• Patriarchal society ? Males also dominate
  criminological theorizing
• Are males biased in their perspective?
• Traditional image of females as good
• If delinquent or criminal pathology
• Tests of delinquency based on males?
• Can male theories of crime explain female
  delinquency?
• Similar questions have been raised regarding
  intervention/treatment

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Factors Unique Female Offending?

• Gender Roles
• Physical Maturity
• Caspi et al Delinquent Peers x early Maturity
• Sexual abuse
• Self-esteem

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What is the evidence?

• Many mainstream theories have been tested on
  females
• Most predict female offending as well as male
  offending
• Some (control theories) predict female offending
  better than male offending
• Could we still do better?
• Feminist theories of crime

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Other Feminist Concerns

• The Corrections System
• 1 prison per state
• Treatment programs
• Few available, geared towards male, stereotypical
  
• Still belief in pathology
• Women much more likely to be medicated
• Issues of pregnancy and children