Ch. 8 - New Right Criminology

New Right Criminology

This particular approach or perception of crime has both a political (populist), and academic element. Tends to revolve around the individual in society and to provide a moralistic and punitive approach to issues of crime and criminality. Emerged in the late 1970s - 1980s.

The phrase “New Right” refers to a particular political orientation.

The fundamentals of this perspective are based on two strands:

• Right Wing Liberalism

• Traditional Conservatist

Conservatism & Year

A set of ideas that values social stability and the maintenance of traditional community bonds and social hierarchies. Institutions and values that have lasted a long time represent the collective experience of the community and have persisted because they have fulfilled a valuable and positive role in society.

• Politically, by the 1980s there had been a swing to the right at the level of policy formulation and development, regardless of the political party in power.

• These global policies emphasized the notion of “economic efficiency” above all else in policy development.

  • Led to tax cuts, and the reduction of allocation of welfare services and benefits.

Social Control Theory

Argues that people commit crimes when their bonds to society are weak or broken. Instead of asking “Why do people commit crime?”, it asks: “Why don’t most people commit crime?”

• Most closely associated with Travis Hirschi (1969).

• People are naturally capable of committing crime. What stops most people is their attachment to social institutions like family, school, and community.

• When these bonds are weak, crime becomes more likely.

  • Strong social bonds produces less crime.

  • Weak social bonds produces more crime.

Liberalism

Ideology that upholds private property, individual rights, legal equality, freedom of choice, and democratic government.

Supports the state playing a role in improving equality of opportunity, meaning the government should help reduce barriers so everyone has a fair chance.

• Associates with perspectives such as strain theory and labelling theory.

• Strain Theory: Crime happens when people cannot achieve socially accepted goals (like wealth or success) through legitimate means.

• Labelling Theory: Crime is not just about the act, it depends how society labels the act, and further labelling can lead to a “self-fulfilling prophecy.”

What were CUSTA and CUSMA?

• CUSFTA (Canada–US Free Trade Agreement, 1989): Opened trade between Canada and the U.S., reducing tariffs and barriers.

• CUSMA (Canada–US–Mexico Agreement, 2020): Updated NAFTA; maintained free trade, protected workers, environment, and cultural industries, and supported Canadian control over resources.

Law-and-order Politics

Strict enforcement of laws, especially for controlling crime. In the 1980s with increasing economic hardship and an ideological swing to the right (economic rationalist mentality), there was a rise in law-and-order politics, both domestically and internationally.

• Domestically, the law-and-order push assumed the tone of a “war on crime” and an attack on the disorder of society.

• 1980s led to increased police personnel, powers, and resources; longer jail sentences; the provision of more prisons; stronger discipline within families and schools; and a return to more traditional values generally.

• Attitude was that if people were committing crimes, they were doing so from rational choice, and weak deterrence.

Punitive Attitudes & Youth Offenders Act (1984)

A term describing the infliction of punishment.

• For young people there was the demand for “greater responsibility,” which translated into more punitive attitudes in the area of juvenile justice.

• The 1984 Young Offenders Act in Canada wanted youth to be held accountable for their behaviour.

• Whereas the previous Juvenile Delinquents Act was based on a welfare model that suggested negative environmental influences such as poverty, difficulties with schooling and family, and poor moral training significantly influenced juvenile delinquency, the Young Offenders Act adopted a more justice-oriented ideology.

Youth Criminal Justice Act (2003)

An act that regulates youth involved in the criminal justice system. In 2003, the (YCJA) came into effect for those 12 to 17 years old, and was amended in 2012.

Key components include holding youth accountable but ensuring their level of maturity and greater dependency are taken into consideration such as:

• Extrajudicial measures and sanctions

• Separate court for youth

• Appropriate sentencing, including community sentencing and custody sentencing

• Reintegration into the community

• Publication ban to protect the identity of the youth, except for circumstances where youth could be a significant risk to the public

• Conferences involving families, victims, and community

New Right Criminology Examples

US “War on Drugs” (1980s onward)

• Major expansion of policing and incarceration.

• Mandatory minimum sentences.

• Strong focus on punishment over rehabilitation.

• Closely linked to tough-on-crime politics.

US Three-Strikes Laws (1990s)

• Severe prison sentences for repeat offenders.

• Designed to deter crime through harsh punishment.

Stronger Sentencing & Expanded Policing (1980s–1990s)

• Policies under conservative governments increased police powers and prison use.

Crime is controlled through strict enforcement and deterrence

Populism

A political idea that divides society into two groups (us vs. them). In the 1980s this was used as a major tool for thinking about crime.

Us = virtuous members of society. Them = outsiders or threats.

• Exaggerates danger, portrays criminals as outsiders(savages, animals, monsters).

• Simplifies crime solutions, blaming offenders entirely.

  • Utilizes a dehumanization approach, leading to more separation and disconnection.

• Leads to harsher punishments and stronger state power and intervention because the problem is framed as a battle between society and criminals.

  • State intervention is viewed as the only way to deal with the problem, through enhanced state power.

Populism Examples

“The people” vs. “the elites.” Populism will weaponize crime as a political issue. It promotes simple, and emotionally conveying messages. Divides society amongst groups (ordinary people, criminals, elites).

Donald Trump’s Law-and-Order Campaigns

• Strong rhetoric against crime.

• Framing criminals as threats to “law-abiding Americans.”

• Criticism of judges and institutions seen as too lenient.

Populist Right Parties in Europe

• Strong anti-immigration stance.

• Linking crime to border control.

• Emphasis on protecting national identity.

Authoritarian Populism

Leader claims to represent the people, but also concentrates power and weakens democratic checks and balances.

Crime is conveyed in a series of moral panics about law-and-order issues.

• Extent and seriousness of crime is highlighted (but not necessarily supported), to justify harsher penalties.

  • Leads to the assertion of state authority in more spheres of everyday social life (for certain groups).

• Focus on specific groups: Young people, people of colour, Indigenous peoples, welfare recipients, striking workers, sole parents, and in recent years youth gangs and immigrants.

Authoritarian Populism: Role of the Media & Assumptions (Law-and-order common sense)

The media plays a role in their coverage, which can lead to a fear of certain crimes and support for tougher measurements of crime.

This can increase the fear of crime, feeding the stereotypes regarding the “typical offender,” and exaggerating crime. Scholars identified key assumptions in what they call “law-and-order common sense.” These assumptions still exist today and include:

1. Crime rates are increasing

2. Crime is worse then ever

3. The criminal justice system is “soft” on crime

4. The criminal justice system is loaded in favour of the criminals

5. There should be more police

6. Police should have more power

7. Courts should deliver tougher penalties

8. The greater satisfaction of victims demands more retribution through the courts.

Right-Wing Liberalism

Relates to the classical liberalism, characterized by competitive free-market capitalism and minimal state intervention, including welfare provision. People are conceived of as rational entities with free will. It is based on a moral philosophy of egoism (selfishness) in which the only constraints on behaviour should be a duty not to initiate force over others.

• Crime is defined in terms of the infringement of private property, including infringements of one’s physical self.

  • Defines crime in restrictive terms, as only those acts that violate the “natural rights” of others.

• “Just-deserts” thinking, where punishment should be equal to the crime.

Right Wing Liberalism View of Crime

• Natural rights: Crime is restricted to acts that violate inherent rights (e.g. life, liberty and property).

• Individual liberty: Emphasizes rational choice, people are fully responsible for their own actions.

• Private property rights: Social Contract Theory. That people are giving up some of their own freedom and for protection of the state (individually and property).

• Economic efficiency: Tax cuts, reduction of allocation of welfare (influenced by conservatism).

• Law and Order Politics: Strict laws for the enforcement of crime (e.g. War on Drugs).

  • More police, powers, prisons and judicial resources.

  • Stronger discipline within families and schools.

  • Rejuvenation of traditional values.

Right Wing Libertarianism Solution to Crime

• Retribution: Punish offenders because they deserve it for the harm they caused.

• Deterrence: Use punishment to discourage the offender and others from committing crimes.

  • Harsher for certain crimes that can violate traditional norms (traditionalist).

• Incapacitation: Prevent crime by physically restricting offenders (e.g., prison) so they cannot reoffend.

• Punishment (“Just Desserts”): Penalties that are proportionate to the seriousness of the crime.

• Decriminalization: Remove criminal penalties for certain minor acts so they are no longer treated as crimes.

• Minimal state intervention: Limit government involvement and only use punishment when absolutely necessary.

• Moral call for personal responsibility: Emphasize that individuals are responsible for their own actions and choices.

• Self-Control: Focus on individuals developing discipline and impulse control to avoid criminal behaviour.

• Use of restitution: Require offenders to repay or make up for the harm they caused to victims, often through money or services.

• Support for privatization: Encourage private companies rather than the government to provide policing, security, and correctional services.

Right Wing Libertarianism Cause of Crime

• Rational choice: Involves weight pros and cons and deciding if the crime is worth it.

•  Personal blame: Full responsibility for someone’s own actions.

• Weak deterrence: Punishment is not enough to deter someone from committing a crime.

Traditionalist Conservative Perspective

Activities that endanger property or the person, and also activities that offend morality. A broader view than the right-wing libertarian one. Crime is said to be caused by the unwillingness of people to accept discipline, the undermining of traditional loyalties (such as to the [patriarchal] family), and the pursuit of immediate individual gratification without appropriate hard work.

• People are seen to possess certain “natural urges” that go against the more civilized or divine purposes of society.

  • Whether it is the concept of “original sin” or a secular theory of human nature that sees people in a negative light, the idea is that all people are somehow inherently evil or flawed.

• In order to constrain the “natural” urges to do wrong, it is necessary to establish a strong order based on personal sacrifice, self-discipline, and submission to authority. Order must take precedence over all else, including justice.

Traditionalist Conservative Perspective Cause of Crime

• Undermining traditional values: Expansive, violations of law and acts that offend morality (internal, and often religious values) as well.

• Lack of social control: This leads to a lack of personal control and discipline, when people have weak social bonds. This means they have a weak attachment to institutions.

  • Social Control Theory (Travis Hirschi).

• Undermining of traditional values: Crime increases when traditional institutions like the family, hierarchy or religion are weak.

  • Some people are inherently “evil” or flawed.

• Lack of respect for authority: Traditional structures follow, and support law enforcement, allowing them to assert authority.

  • Need for strong coercion, general deterrence strategies, assertion of authority.

• Operation of the criminal justice system:

  • Expansion of laws relating to “moral” issues such as pornography

  • Harsher penalties to enforce the legal and moral code

  • Order should take priority over justice

  • Emphasis on conformity to established traditions and social roles

Right-Wing Libertarian Approach - Historical Development

Combines classical and conservative ideas.

• Based on classical criminology.

• Focus on individual choice & responsibility.

• Emphasizes punishment proportionality.

• Protects liberty and property.

• Relate to the social contract theory.

Right-Wing Liberalism Examples

Free markets, private property, limited government, but still supports democratic rights. State intervention should be limited, but individual rights and legal equality remain important.

Privatization of Public Services

• Privatizing prisons (e.g., private correctional companies).

• Outsourcing government services.

• Belief that markets manage things efficiently.

Reduced Welfare State Policies

• Emphasis on personal responsibility.

• Less reliance on government support.

Traditionalist Criminology Solution to Crime

• Traditional Morality: Promote conventional moral values (right vs. wrong) as a way to prevent crime.

  • The legal enforcement of these traditions.

• Self-discipline: Encourage individuals to control their behaviour and impulses to avoid committing crime.

• Submission to authority: Emphasize obeying authority figures (like police and laws) to maintain social order.

• Expansion of laws on moral issues: Increase laws regulating moral behaviour (e.g., drugs, sexuality) to control crime.

• Order over justice: Prioritize maintaining social order and stability even if it means less focus on fairness or equality.

• Examples include school uniforms, authority and respect, promotion of traditional family structures and strong punishment for operating outside the values and norms.

Traditionalist Criminology View of Crime

• Moral Panics: Viewing criminals as outsiders, and thinking that in the mentality  of “us” vs “them.”

• Traditional community bonds: Social control theory, maintenance of traditional structures.

• Inherent: The offender is by nature flawed and evil.

• Deterrence: Need for strong coercion, deterrence and assertion of formal authority (especially around traditional violations).

Traditionalist Conservative Approach

Historical Development

• Influenced by sociology/criminology.

• Uses punishment to reinforce moral boundaries.

• Reflects Durkheim’s ideas on social solidarity.

  • Punishment strengthens moral bonds and social solidarity.

  • Concerned with collective conscience and social emotions.

• Promotes a single moral “rightness” for society (unlike Durkheim, who noted morality varies across societies).

Social Control Theory

Formulated by Hirschi (1969), is premised on the idea that it is an individual’s bond to society that makes the difference in terms of whether or not she or he abides by society’s general rules and values. It includes four major elements of a social bond (next card).

• The nature of the bond that children have with their society that ultimately determines their behaviour.

• It is up to society and its agents to step in and ensure that its younger members are imbued with the right bonds.

• Without adequate socialization, a strong social control presence of some kind, criminal behaviour would be common.

Four Major Elements of a Social Bond

Social Control Theory (ACIB)

Theorized by Hirschi (1969), that the social bond is made up of these four elements:

• Attachment: Level of psychological affection one has for prosocial others and institutions.

• Commitment: Investment of time and energy to activities such as school and various goals.

  • People are less likely to commit crimes when they know that they have something to lose.

• Involvement: The opportunity costs associated with how a person spends their time.

• Belief: The degree to which one adheres to the values associated with behaviors that conform to the law

It is the combination that shapes the world of young people. It essentially dictates whether or not they will take advantage of conventional means and goals of social advancement, or whether they will pursue illegal pathways to self-gratification.

Low-Self Control & Theorists

Proper socialization and the development of strong social bonds must occur much earlier than the age at which many youth begin to engage in criminal behaviours.

Gottfredson and Hirschi (1990) argue that the root in explaining crime is that of self-control. People differ in the extent to which they are restrained from criminal acts (universal tendency to enhance ones own pleasure).

• This is linked to the question of social bonding, and especially the problem of ineffective childrearing (raising and caring for children).

• Claim that this must occur early in the child’s life (prior to age eight).

Rational Choice Theory

Criminals are making rational choices to commit crime after examining the likelihood of being caught or convicted. Reflects the libertarian emphasis on choice and responsibility for one’s actions.

• Thinks that crime cannot be understood apart from the nature and distribution of opportunities for both crime and noncriminal behaviour.

• When people find themselves in situations in which they have opportunities to commit crime, the decision to do so or not to do so is a rational one (individual choice).

• Individuals will always act in such a way as to maximize their own benefit.

Rational Choice Theory Prevention of Crime Methods

P-OR

Privatization = Make crime control cheaper and more efficient, including private prisons and stronger detection.

• Prevents the commission of crime at the least financial costs. Privatize institutions such as prisons and to increase the probability of detection and conviction of offenders.

Opportunity reduction = Prevent crime by making it harder and riskier to commit.

• Analysis of particular activities and locations associated with certain behaviours. The potential offender is deterred from making the decision to commit crime in certain areas and against certain targets.

  • Looks at the individual opportunity, over the overall system.

Social Control Theory Prevention of Crime Methods

• Resocialization of youth: The answer to juvenile crime lies in redressing the defective social training that characterizes offenders who have in some way “lost control.”

• Reattach the young people to some kind of family, to recommit them to long-range conventional goals, to involve them in school and other constructive activities, and to have them acquire beliefs in the morality of law.

Underclass Explanations Theory

The problem resides in the behaviour of certain population groups, particularly the poor, the homeless, single mothers, Indigenous people, people of colour, and immigrants.

• Crime exists exists with certain populations.

• “Underclass” includes poverty stricken people who, through their own volition or choice or by genetic default, engage in criminal activity, substance abuse, illegitimate births, and deliberate nonparticipation in paid employment.

• A “moral” category, given that the emphasis is on behaviour and disproval, over looking at the structural disadvantages of the system.

  • This has been proved as baseless.

The Problem

Underclass Explanations Theory

The nature of the problem, from a right-wing perspective, is a combination:

• Lack of economic incentives (e.g., welfare dependency).

• A culture of poverty (e.g., familial breakdown and inappropriate role models).

• Intellectual deficiencies (e.g., hereditary genetic inferiority).

• Low standards of morality (e.g., illegitimacy via sole parenting).

Proposed Solution

Underclass Explanations Theory

The proposed solution is to make members of the “underclass” more responsible and accountable for their own welfare and lifestyle choices.

• Withdrawal of government support for the disadvantaged;

• Efforts to resocialize people into new value and moral systems.

New Right Politics in Underclass

Policing and punishment New Right criminology is toward more active containment over what are seen to be criminogenic populations the “dangerous classes” of the late modern era.

• Policy is based on the regulation of those population groups most closely identified with the “underclass.”

• Intervention is increasingly concerned with identifying, classifying, and managing groups in the community that are assessed on the basis of “risk” and “dangerousness.”

• Associated with strategies, such as “zero tolerance” policing and “three strikes and you’re out” punishment.

Criticism of New Right

• Criticisms similar to that of classical theory: Ignore issues of power in their assertion of choice and free will.

  • Does not analyze the nature of choice within a society related to inequality as opposed to equality.

  • Does not address concerns about the ethnic and racial divisions, and systemic overrepresentation.

• Social control theory: Focus is placed on what is considered “traditional” by the dominant society.

• Many of the policies proposed by New Right theories have themselves been discredited.

  • The capacity of harsh or even proportional punishment to deter individuals from reoffending has been the subject of long debate.

• Crime is narrowly defined: Majorly concerned with street crime, over white collar crimes. Individual actions over structural issues.

• Authoritarian new right: Ruling elites, who mobilize public opinion in ways that allow for the silencing of dissent, the imprisonment of those who have not been formally charged with a crime, and the vilification of minority groups.

Emile Durkheim

Durkheim saw punishment as a social and moral tool, not just a way to control crime. Believed punishment exists mainly to protect and reinforce society’s shared moral values and unity, and those values can vary across different societies.

• When someone commits a crime, they violate society’s shared beliefs (what Durkheim called the collective conscience).
  By punishing the offender, society:

  • Reaffirms what is right and wrong

  • Strengthens social bonds between people

• Punishment is emotional and moral (based on outrage, anger, etc.), not just rational or practical.

• Punishment helps keep society together by reminding people of common values.