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Conflict Theory © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION Photo: © a katz/Shutterstock, Inc. © a katz/Shutterstock, Photo: Is a person who kills another in a bar brawl a greater threat to society than a business executive who refuses to cut into his profits to make his plant a safe place to work? By any measure of death and suffering the latter is by far a greater danger than the former. —Jeffrey Reiman1 9781284105469_CH08_168_193.indd 168 18/09/15 6:22 PM © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION 8 CHAPTER Critical Approaches to Law and Crime Objectives Texture: © Malchev/Shutterstock; Shooter: © Malchev/Shutterstock; Puzzle Piece: © Photodisc; Police Tape: © SkillUp/Shutterstock Tape: Police © Photodisc; Piece: Puzzle © Malchev/Shutterstock; Shooter: © Malchev/Shutterstock; Texture: Understand the difference between Know how radical criminologists explain a consensus and conflict view of the law, criminal justice system, and society, and the core themes of critical criminal behavior. Pgs. 179–185 theories. Pg. 170 Recognize extensions of radical theory, Recognize how conflict among including peacemaking criminology different interest groups shapes the and critical realism. Pgs. 185—186 content of the law and the operation of the criminal justice system. Appreciate how gender may shape Pgs. 171–173 both criminal justice processing and theories of crime. Pgs. 187—190 Understand the evidence regarding the relationship between race, class, Link specific critical theories with and criminal justice outcomes. their policy implications. Pgs. 170—191 Pgs. 173–177 169 9781284105469_CH08_168_193.indd 169 18/09/15 6:22 PM © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION 2. Crime as a political concept: The law is not an objective, Introduction agreed-upon list of behaviors that cause the most social damage. Many acts by the powerful that cause damage Are the crimes of wealthy individuals and corporate leaders are not considered criminal. treated with kid gloves compared with typical street crimes? 3. The criminal justice system as serving the interests of If so, why does this situation exist? How did marijuana come those in power: The criminal justice system targets to be legalized in some states but not others? The theories in those who lack power and ignores the crimes of those this chapter raise just such questions. Critical approaches to who have power. criminology discuss why certain acts are illegal while oth- 4. The solution to crime as the creation of a more equitable ers are not. Furthermore, they note that the criminal justice society: Criminologists should work to foster social jus- system only targets certain laws and certain individuals for tice by supporting humane policies aimed at preventing full enforcement. In seeking to understand the content of the harm. law and the operation of the criminal justice system, critical approaches are quite different from the mainstream theories In sum, the focus of critical criminology is much dif- covered in previous chapters. ferent than mainstream criminology. Until now, the theories Critical theories gained popularity in the United States in discussed sought to explain why people engage in crime or part because of the social context of the 1960s and 1970s. Prior to why some neighborhoods are more prone to crime than oth- that time, American criminology was dominated by anomie or ers. The theories in this chapter focus more on the content of strain theories of delinquency the law (What is illegal?) and and crime. Criminologists the actions of the criminal such as Cloward and Ohlin justice system (What laws are argued that broad social re- Norms against enforced?). forms, including the reduction certain behaviors At the heart of critical of poverty, were necessary to theory is the belief that the reduce crime. Support for their begin as folkways and law reflects the outcome of a Mobilization for Youth pro- struggle over power. Prior to gram and the general “war on mores and are eventu- this time, the popular view poverty” indicated that many ally codified into law. was that the law and its en- agreed with their position. By forcement reflected societal the 1970s, however, the social consensus. In the consen- context had changed dramati- sus model, the law reflects cally. The political vision of a “great society” wilted under the common agreement over the fundamental values held by reality of the Vietnam War, the Watergate scandal, prison riots, society; that is, it reflects the interests of the vast majority the shootings at Kent State University, and civil rights demon- and the “shared popular viewpoint” in society.5 Certain strations. Criminologists saw that crimes of the powerful (e.g., acts are prohibited because society generally agrees that Watergate, FBI violations of civil rights, crimes against blacks) this is necessary. Norms against certain behaviors begin as were ignored, while violations of victimless crimes (e.g., mari- folkways and mores and are eventually codified into law. juana use, vagrancy) were pursued vigorously. Arguments for Law is a mechanism to resolve conflicting interests and increasing support for the poor gave way to the belief that an maintain order. Here, the state is a value-neutral entity. economic and political system that created these class differ- Lawmakers resolve conflicts peacefully, the police enforce ences was corrupt beyond saving.2 the law, and the courts arbitrate. Any biases that arise are Labeling theory emerged from this context as a popular ex- temporary and unintended.6 planation of crime. Labeling theorists stated that crime was a so- In the conflict model, the law is the result of a battle cial construction and that government intervention only made between people or groups that have different levels of power. delinquency worse. Theories that emerged during the 1970s, Control over the state—including the law and the criminal however, were “much more explicit about the connection be- justice system—is the principal prize in the perpetual con- tween the criminal justice system and the underlying economic flict of society.7 In that regard, conflict theorists see bias in order, sometimes condemning the state itself.”3 Different com- the criminal justice system as conscious and intentional. mentators have referred to these theories as critical criminology Those in power use the legal system to maintain power and or the new criminology. As will soon be noted, these general ti- privilege; the law and the criminal justice system reflect the tles capture a very diverse body of theories, including conflict interests of those who won the power struggle. Furthermore, theory, Marxist/radical theory, and feminist criminology. crime can directly result from the conflict between compet- Despite this diversity, it is possible to identify a number ing groups in society. 4 of broad themes that tie these theories together: A host of theories assume that conflict is a natural part 1. Inequality and power as central concepts: Power can be of social life. Early conflict theories tended to be pluralistic; based on social class, race, gender, or other factors. The that is, they portrayed conflict as a result of clashes among powerful will use their power to control the law and the many groups. The pluralistic perspective is discussed in operation of the criminal justice system. this chapter under conflict theory. In the 1970s, theories 17 0 Criminology: Theory, Research, and Policy, Fourth Edition 9781284105469_CH08_168_193.indd 170 18/09/15 6:22 PM © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION focused on one central conflict: the battle between the very issues, including abortion, gun control, drug laws, pollution wealthy and the rest of the population. This perspective can laws, and the death penalty. Groups such as the National Ri- be considered Marxist or radical theory. fle Association, the American Association of Retired People, the Marijuana Policy Project, and the National Right to Life pay individuals to lobby members of Congress to push for Conflict Theory laws consistent with their values and interests. Indeed, there are over 12,000 registered lobbyists in Washington, DC, and George Vold produced the first criminology textbook that perhaps as many as 100,000 people working on behalf of in- prominently featured the conflict perspective. Vold argued terest groups.15 On a larger scale, conflicts arising from social that the content and enforcement of the law was the result of movements (e.g., the civil rights movement), broad segments the values and interests of those in power: “Those who pro- of society (e.g., the “religious right”), and political parties duce legislative majorities win control over the police power (e.g., Republicans versus Democrats) also influence the de- and dominate the policies that decide who is likely to be in- velopment of law.16 Theory in Action: From Killer Weed volved in violation of the law.”8 In the 1960s, a number of the- to Medical Drug—Conflict over Marijuana Law examines orists, including William Chambliss, Richard Quinney, and how individuals, interest groups and social movements have Austin Turk heightened interest in how conflict shapes law. changed marijuana laws over time. Conflict Theory and the Law Conflict Theory and the Criminal As with labeling theorists, conflict theorists argue that main- Justice System stream criminology focuses too much attention on why peo- ple break the law, while ignoring the reasons that certain acts Those with power not only define the law to serve their interests, are illegal. As William Chambliss put it, “Instead of asking, but also have an impact on the operation of the criminal justice ‘Why do some people commit crimes and others do not?’ we system; that is, they have power over which laws are (or are not) ask ‘Why are some acts defined as criminal while others are enforced. Within the conflict framework, Austin Turk sought not?’”9 Their answer is that those with power and influence to understand crime through society’s authority relationships.
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