chapter 8 social conflict theory: critical criminology and restorative justice

Chapter 8

Social Conflict Theory:

Critical Criminology and Restorative Justice

Figure 8.1 The Branches of Social Conflict Theory

Marxist Thought

• Productive Forces and Productive Relations Communist Manifesto focused attention on economic conditions

of a capitalist system Productive forces: Include technology, energy sources, and

material resources Productive relations: Exist among people producing goods and

services Bourgeoisie (capitalists) Proletariat (working labor) Lumpen proletariat (poor) Class denotes a position in relation to others

Figure 8.2 The The Marxist View of Class

Marxist Thought

• Surplus Value Laboring class produce goods that exceed wages in value Excess value goes into the hands of capitalists Marx suggested workers would emerge into a socialist state and

own the means of production

Figure 8.3 Surplus Value

Marxist Thought

• Marx on Crime Suggested a connection between crime and social inequality Friedrich Engels suggested the brutality of the capitalist system

turns workers into animal-like creatures Crime is a function of social demoralization

Developing a Conflict Based Theory of Crime

• The Contribution of Willem Bonger Society is divided into have and have-nots Crimes are considered antisocial because they are threatening to

those who have power Bonger suggested the capitalist system is held together by force

rather than consensus Upper class will commit if:

• They sense an opportunity of make financial gain• Their lack of moral sense enables them to violate social rules

Crime and poverty are associated with unequal distribution of wealth


• The Contribution of Ralf Dahrendorf Society is organized into imperatively coordinated associations:

Those who possess authority for social domination and those who lack authority and are dominated• Every society is subject to change• Every society displays social conflict• Every element in society renders a contribution to its

disintegration and change• Every society is based on coercion by some of its members


• The Contribution of George Vold Adapted conflict theory to criminology Laws are created by politically oriented groups Laws will be created to hamper and curb the interests of some

opposition group Criminal acts are a consequence of forces struggling to control

society (conflict)

Social Conflict Theory

• Conflict theory tries to explain crime within economic & social contexts and to express connections between social class, crime, and social control Relationship to crime began in the 1960s William Chambliss and Robert Seidman suggests the William Chambliss and Robert Seidman suggests the

justice system protects the rich and powerfuljustice system protects the rich and powerful Richard Quinney argued that crime is a function of power

relations and an inevitable result of social conflict. Crime is defined by those in power Power refers to the ability of persons and groups to Power refers to the ability of persons and groups to

determine and control the behavior of others and to determine and control the behavior of others and to shape public opinion to meet their personal interestsshape public opinion to meet their personal interests

Social Conflict Theory

• Social Conflict Based Research Compare crime rates of various class groupings Research suggests a relationship between economic conditions

and homicides (Pratt/Lowenkamp) Courts are more likely to dole out harsh punishment to powerless

and disenfranchised groups Unemployed racial minorities are considered “social dynamite”

CNN Clip - FTAA Protest

Critical Criminology

• Origins of Critical Conflict Theory Influence of British sociologists in 1968 formed the National

Deviancy Conference (NDC) The NDC were critical of positivist criminology and the

conservative stance U.S. scholars were influenced by widespread social ferment of

the late 1960s and early 1970s In 1980s left realism emerged which influenced peacemaking

criminology Critical conflict criminologists are concerned with the recent

conservative agendas of cutting social programs and increased military spending


• Fundamentals of Critical Criminology Crime is a function of the capitalist mode of production The poor (proletariat) engage in street crimes, whereas the

wealthy (bourgeoisie) are involved in acts not defined as crimes (racism, sexism, profiteering)

The rich are insulated from street crimes The poor are controlled through incarceration, whereas the

middle class is diverted from caring by the upper classes creating a public fear of the lower classes


• Globalization Criminals are products of society and economic systems Critical criminologists are wary of globalization and capitalization

trends Criminologists question the altruism of multi-national corporations

• The growing global dominance and reach of the free-market capitalist system disproportionately benefits the wealthy and powerful

• The increasing vulnerability of indigenous people• The growing influence and impact of international financial

institutions (World Bank)• The non-democratic operation of international financial

institutions


• Instrumental View Views criminal law and the criminal justice system as instruments

for controlling the poor as have-not members of society Capitalism serves the interests of the powerful and rich, and

enables them to impose their morality on society Marxists consider it essential of demystify (unmask) law and

justice


• The Structural View Disagrees that law and capitalism are unidirectional Law is designed to keep the capitalist system operating efficiently Long prison sentences for insider trading is a warning to

capitalists that they must play by the rules


• Research on Critical Criminology Marxists suggest that traditional research is designed to unmask

the weak and powerless Critical research tends to be historical and analytical, not

qualitative and empirical Research involves both macro- and micro-level issues


• Crime, the Individual, and the State Crime and its control are a function of capitalism, and the justice

system is biased against the working class and favors upper-class interests

Critical analysis of the criminal justice system is designed to identify the hidden processes that control people’s lives

Subject to analysis is the how the power relationships help undermine any benefit the lower class receives from sentencing reforms


• Historical Analysis How the changes in law correspond to the development of the

capitalist society Another goal is to investigate the development of modern police

agencies Some research has focused on the relationship between convict

work and capitalism


• Critique of Critical Criminology Some argue critical theory rehashes the old tradition of helping

the underdog Some suggest critical theory neglects the capitalist system to

regulate itself (antitrust regulations) Critical thinkers are accused of ignoring problems and conflicts in

socialist countries

Contemporary Forms of Social Conflict Theory

• Left Realism Work of John Lea and Jock Young suggests the poor are doubly

abused by capitalists and by members of their own class Relative Deprivation equals discontent; discontent plus lack of

political solution equals crime Ian Taylor contends the world is currently in the midst of multiple

crisis (job creation, social inequality, social fear, political incompetence and failure, gender conflict, and family and parenting issues)


• Crime Protection Left realists argue crime victims in all classes need and deserve

protection Preemptive deterrence refers to efforts to prevent crime through

community organization and youth involvement Left realism has been criticized for legitimizing the existing power

structure


• Critical Feminist Theory Critical feminists view gender inequality as stemming from the

unequal power of men and women in a capitalist society Patriarchal (male dominated) systems devalue the work of

women The exploitation of women produces far more surplus value for

capitalists than it does for men


• Patriarchy and Crime Critical feminists link criminal behavior patterns to gender conflict

created by economic and social struggles Double marginality explains why women commit less crime than

men Crime is the vehicle for men to “do gender”


• Exploitation and Criminality Sexual victimization of females is a function of male socialization Exploitation triggers the onset of female delinquency such as

running away to avoid abuse Some critics charge feminist scholars have ignored the interests

of women of color and lesbians


• How the Justice System Penalizes Women Juvenile systems view girls as being sexually precocious Meda Chesney-Lind suggests female delinquency is viewed as

being more serious than male delinquency Females are often sanctioned more harshly than males for

offense related to “inappropriateness”


• Power Control Theory John Hagen argues that crime and delinquency are a function of:

1) class position and 2) family functions Father assume the role of breadwinners, while mothers have

menial jobs and are expected to control the behavior of daughters Dissatisfied girls seek “role exit behaviors” (running away, or

suicide) In “egalitarian families” both the husband and wife share similar

positions of power


• Evaluating Power Control Theory Empirical analysis has been supportive of power control theory Some critics question its core assumption Replicated studies have not found that class and power interact

to produce delinquency


• Postmodern Theory Semiotics refers to the use of language elements as signs or

symbols beyond literal meaning Deconstructionists analyze communication and language in legal

codes to determine whether they contribute to institutionalized racism or sexism

Postmodernists contend value-laden language can promote inequalities


• Peacemaking Criminology Main purpose of criminology is to promote a peaceful society Draws inspiration from religious and philosophical teachings Punishment encourages criminality rather than deterring it (Larry

Tifft and Dennis Sullivan) Try to find humanist solutions (mediation and conflict resolution)

to crime and other social problems

Public Policy Implications of Social Conflict Theory

• Reintegrative Shaming John Braithwaite suggests shaming is a powerful tool of informal

social control Bestowing stigma can have a deterrent effect To prevent crime society must encourage reintegrative shaming


• The Concept of Restorative Justice Contends that society needs to hold offenders accountable to put

right their harms• Crime is an offense against human relationships• Victims and the community are central to justice processes• The first priority is to restore the community• The offender has a personal responsibility to victims and to

the community for crimes committed• The offender will develop improved competency and

understanding as a result of the restorative experience


• The Process of Restoration The process begins by redefining crime in terms of conflict

among the offender, the victim, and affected constituencies Shared community outrage is communicated to the offender


• Developing Restoration The offender is asked to recognize and accept responsibility of

their criminal actions Commitment to material restitution and symbolic reparation

(apology) Determination of community support an assistance for both the

victim and offender The intended result is to repair injuries suffered by the victim and

the community while reintegrating the offender


• Restoration Programs Sentencing circles are a technique used to bring offenders,

victims, and other community members together Community: Implement dialogue to identify problems and develop

tactics for elimination Schools: Restoration for drug/alcohol abuse Police: Community policing programs Courts: Diversion programs


• The Challenge of Restorative Justice Advocates warn of the uneven exercise of state power What is considered “restorative” in one subculture may be

considered insulting or damaging in another Balancing the needs of offenders with those of the victims

chapter 8 social conflict theory: critical criminology and restorative justice

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