1、Critical TheoriesCarft we all just get along?Critical Theory: Social Context andThemes Social Context一 1960s = Strain theory, war on poverty, etc.- By the 1970s? Central Themes一 Emphasis on “inequality” and “power”一 Crime as “political” concept一 CJS serves interests of powerful一 Solution to crime is

2、 more equitable societyVariations of Critical Theory Conflict Theory Marxist/Radical Theory Left Realism/Peacemaking Post-Modern Feminist CriminologyConflict versus Consensus As a view of society As an explanation of law As an explanation of criminal justice As an explanation of crimePluralistic Con

3、flictExplanation ofthe Law and Criminal Justice George Void Group Conflict一 Multiple groups in society with varying levels of power Specific “interest groups” General or broad-based groups一 Those who win conflict get control over the law and coercive power of the stateEmpirical Evidenee The formulat

4、ion of law一 Interest groups' influenee on lawmaking一 Research on consensus over laws The operation of the CJS一 Research on “extra-legal” variables RACE, CLASS, GENDERConflict: An Explanationof Street Crime Thorston Sellin (1938)一 Cultural conflict theory一 Gist: violate laws of the majority simpl

5、y by following the nonns of one's own reference group George Void (1958)一 Group conflict theory (crime that results from con flict)Karl MarxCommunist ManifestoMeans of production determine the structure of societyCapitalism: Owners of the means of production(capitalists) Workers = proletariat, l

6、umpen proletariatCapitalism will Self-Destruct The laboring class produces goods that exceed the value of their wages (profit) The owners invest the profit to reduce the workforce (technology) The workers will no longer be able to afford the goods produced by the ownersMarxist Criminology Instrument

7、al Marxist Position一 Hard line position Crime and the creation and enforcement of law the direct result of capitalism Structural Marxist Position一 Softer Position Governments are somewhat autonomous Over time, the di recti on of the law (creati on and enforcement) w川 lean towards the capitalistsInst

8、rumental MarxistCriminology Richard Quinney (1980) -All Conflict is organized around capitalist versus the poor Either you are an oppressed lackey or a capitalist Anyone who does not realize this (or identifies with capitalism) has false class consciousness The real power and authority is exclusive

9、to the ruling classQuinney (1980) cont. Primary goal of capitalists? Maintain Power!一 To do this, must trample rights of others一 But, also must portray an egalitarian society -Accomplished by controlling media, academicsImplications for Law Capitalists control the definition of crime一 Laws protect t

10、he capitalists (property, $) -Laws ignore crimes of the capitalists (profiteering)Implications for the CriminalJustice System CJS is the tool of the capitalists; used to oppress (not protect) the working population一 Crimes of the rich treated with kid gloves一 Property crimes strictly enforced “Stree

11、t crimes” are enforced only in poor neighborhoods Incarceration to control surplus laborImplications for Crime? Crimes of the Capitalists (must control)一 Economic Domination一 Crimes of the Government一 Crimes of Control一 Social Injuries (should be crimes) Crimes of the Lower Class-“Rebellion”一 Crimes of “AccommodatiorTPOLICY IMPLICATION? The policy implication of Marxist Criminology is clear一 Dismantle the capitalist structure in favor of a socialist structureCriticisms of InstrumentalMarxist Criminology An “underdog theory”