Michelle PalaroCriminology 81-220-1

Fall 2014

Chapter 8 - Social Conflict, Critical

Criminology, and Restorative Justice

• Social conflict– The struggle for power in society

• Critical criminologists– Criminologists who believe that the

cause of crime can be linked to economic, social, and political disparity

Social Conflict and Criminologists

Social Conflict, Critical Criminology, and Restorative Justice

• Karl Marx• National Deviancy Conference

– How might social control cause deviancy

• War in Vietnam, prison struggles, civil rights movement, feminist movement

• Relationship between law, power, and crime

Origins of Critical Criminology

• Themes and Concepts– Connection between social class,

crime, and social control – Role of the government in creating

a criminogenic environment– Relationship between

personal/group power and shaping of criminal law

Contemporary Critical Criminology

• Themes and Concepts– Race and gender bias in the justice

system– Relationship between capitalistic

economy and crime rates– Misuse of political/social/media

power to control behavior of others and shape public opinion

Contemporary Critical Criminology

• Themes and Concepts– American political system

•Death penalty, three strikes laws, USA Patriot Act

•Racism •Sexism

• Demystifying domination

Contemporary Critical Criminology

• Crime is a political concept designed to protect the power and position of the upper classes at the expense of the poor

Defining Crime and Justice

• Poor– Street crime

• Middle Class– White-Collar Crime

• Wealthy– Racism– Sexism– Profiteering

Defining Crime and Justice

• Supranational Criminology– Antisocial behaviors committed by

state officials in pursuit of their jobs as government representatives

• War• Political Corruption• Illegal Domestic Surveillance• Human Rights Violations• State-Corporate Crime• State Violence

Defining Crime and Justice

• Instrumental vs. Structural Theory– Instrumental Theory

•Criminal law and the criminal justice system are capitalist instruments for controlling the lower class

– Structural Theory •Criminal law and the criminal justice

system are means of defending and preserving the capitalist system

Defining Crime and Justice

• Surplus Value

• Marginalization

• Globalization

The Cause of Crime

• State (Organized) Crime– Criminal acts committed by

government officials– Illegal domestic surveillance– Human rights violations– State-corporate crime– State violence

The Cause of Crime

• Crime and social institutions• Educational disparities

– “Drop-out factories”• Class and racial disparities in

prosecution and sentencing• Racial threat theory

The Cause of Crime

• Left Realism• Left Realism and crime

– Crime is a function of relative deprivation under capitalism and favors pragmatic, community-based crime prevention and control

– Crime Protection •Preemptive Deterrence

• Left Realism and terrorism

Forms of Critical Criminology

• Critical Feminist Theory – Explains both victimization and

criminality among women in terms of gender inequality, patriarchy, and the exploitation of women under capitalism

– Patriarchy and Crime• Double marginality • Powerlessness

– Masculinity and crime• Hegemonic masculinity

– Exploitation and Criminality

Forms of Critical Criminology

• Critical Feminist Theory – Power-Control Theory

•Paternalistic families•Role exit behaviors •Egalitarian families

– Evaluating Power-Control Theory

Forms of Critical Criminology

• Peacemaking Criminology – Purpose of criminology is to

promote a peaceful, just society– Punitive crime control strategies

are counterproductive– Favors humanistic conflict

resolution to prevent and control crime

Forms of Critical Criminology

• Lack of Real Contribution to Criminology

• Lack of Substance• Neglect of Regulatory Efforts in

the Capitalist System• Neglect of Efforts at Social

Reform

Critique of Critical Criminology

Forms of Critical Criminology

• The Concept of Restorative Justice– Failure of Old Punishment Policies – Restorative Justice Alternatives

• Reintegrative Shaming

Critical Theory and Restorative Justice

• The Process of Restoration– Restoration Programs

•Sentencing circle

– Family Group Conference– Reconciliation

Critical Theory and Public Policy

• Balanced and Restorative Justice (BARJ)– Accountability– Competency development – Community safety

• The Challenge of Restorative Justice

Critical Theory and Public Policy