Ch8: Social Conflict, Critical Criminology, and Restorative Justice

critical criminologists

Criminologists who believe that the cause of crime can be linked to economic, social, and political disparity

Critical criminologists view themselves as

social critics who dig beneath the surface of society to uncover its inequities.

Critical criminologists consider acts of ____________ to be the "true crimes".

sexism, imperialism, and unsafe working conditions

Contemporary critical criminologists try to explain crime within __________ and __________ __________ and to express the connections among __________, __________ and __________

economic; social contexts

social class, crime, and social control

One of the roots of criminological theory is the

political-economic vision created by philosopher Karl Marx

Even though criminal laws may appear to protect members of both classes, the crimes committed by the __________ receive more lenient treatment.

dominant ruling class

Racial and __________ discrimination causes __________ __________ and __________

ethnic; social conflict; unrest

supranational criminology

the study of war crimes, crimes against humanity, and the supranational penal system in which such crimes are prosecuted and tried

surplus value

the Marxist view that the laboring classes produce wealth that far exceeds their wages and goes to the capitalist class as profits

marginalization

displacement of workers, pushing them outside the economic and social mainstream

dropout factories

high schools in which the completion rate is consistently 40% or less

globalization

the process of creating transnational markets, politics, and legal systems in an effort to form and sustain a global economy

state-organized crime

acts defined by law as criminal and committed by state officials, either elected or appointed, in pursuit of their jobs as government representatives

categories of state-organized crime

> illegal domestic surveillance

> human rights violations

> state-corporate crime

> state violence

instrumental theorists

hold the view that criminal law and the criminal justice system are capitalist instruments for controlling the lower class

structural theorists

hold the view that criminal law and the criminal justice system are means of defending and preserving the capitalist system

demystify

to unmask the true purpose of law, justice, or other social institutions

left realism

An approach that views crime as a function of relative deprivation under capitalism and that favors pragmatic, community-based crime prevention and control

preemptive deterrence

efforts to prevent crime through community organization and youth involvement

critical feminism

the study of gender from a critical perspective. It typically involves such issues as the effects of gender inequality and the unequal power of men and women in a capitalist society

patriarchy

a society in which men dominate public, social, economic, and political affairs

paternalistic families

traditional family model in which fathers assume the role of breadwinners, while mothers tend to have menial jobs or remain at home to supervise domestic matters

role exit behaviors

in order to escape from a stifling life in male-dominated families, girls may try to break away by running away and or even attempting suicide

egalitarian families

families in which spouses share similar positions of power at home and in the workplace

power-control theory

The view that gender differences in crime are a function of economic power (class position, one-versus two-earner families) and parental control (paternalistic versus egalitarian families)

peacemaking

an approach that considers punitive crime control strategies to be counterproductive and favors the use of humanistic conflict resolution to prevent and control crime

major premise: Left Realism

crime is a function of relative deprivation; criminals prey on the poor

strengths: Left Realism

represents a compromise between conflict and traditional criminology

research focus: Left Realism

deterrence; protection

major premise: Critical Feminist Theory

the capitalist system creates patriarchy, which oppresses women

strengths: Critical Feminist Theory

explains gender bias, violence against women, and repression

research focus: Critical Feminist Theory

gender inequality; oppression; patriarchy

major premise: Power-control Theory

girls are controlled more closely than boys in traditional male-dominated households. There is gender equity in contemporary egalitarian homes.

strengths: Power-control Theory

explains gender difference in the crime rate as a function of class and gender conflict

research focus: Power-control Theory

power and control; gender differences; domesticity

major premise: Peacemaking Criminology

peace and humanism can reduce crime; conflict resolution strategies can work

strengths: Peacemaking Criminology

offers a new approach to crime control through mediation

research focus: Peacemaking Criminology

punishment; nonviolence; mediation

restorative justice

using humanistic, nonpunitive strategies to right wrongs and restore social harmony

shame

the feeling we get when we don't meet the standards we have set for ourselves or that significant others have set for us

reintegrative shaming

a method of correction that encourages offenders to confront their misdeeds, experience shame because of the harm they caused, and then be reincluded in society

The Process of Restoration

> offender is asked to recognize they caused injury to personal and social relations along with a determination and acceptance of responsibility

> restoration involves turning the justice system into a "healing" process

> reconciliation: addresses the issues that produced conflict between victim and offender

> effectiveness of justice depends on stake offender has in the community/social group

> offender must make a commitment to both material restitution and symbolic reparation

restorative justice is being embraced on many levels within society and the justice system in:

community; schools, police; courts

sentencing circle

a peacemaking technique in which offenders, victims, and other community members are brought together in an effort to formulate a sanction that addresses the needs of all

List the core ideas of critical criminology.

Critical criminology is based on the view that crime is a function of the conflict that exists in society. Critical theorists suggest that crime in any society is caused by economic and class conflict. Laws are created by those in power to protect their own rights and to serve their own interests. Criminal law is designed to protect the wealthy and powerful and to control the poor, have-not members of society. The poor commit crimes because of their frustration, anger, and need. The wealthy engage in illegal acts because they are used to competition and because they must do so to maintain their position in society. Crime would disappear if equality rather than discrimination was the norm.

Link globalization to crime and criminality.

Globalization disproportionately benefits wealthy and powerful organizations and individuals and impoverishes indigenous people. As the influence and impact of international financial institutions increase, there is a related relative decline in power of local or state-based institutions, resulting in the recent unrest in world financial systems. With money and power to spare, global criminal enterprise groups can recruit new members, bribe government officials, and even fund private armies.

Define the concept of state-organized crime.

State crimes involve a violation of citizen trust. They are acts defined by law as criminal and committed by state officials in pursuit of their jobs as government representatives. Some state crimes are committed by individuals who abuse their state authority, or fail to exercise it. State-corporate crime involves the deviant activities by which the privileged classes strive to maintain or increase their power.

Explain the goals and findings of critical research.

Research on critical theory focuses on how the justice system was designed and how it operates to further class interests. It sometimes employs historical analysis to show how the capitalist classes have exerted control over the police, the courts, and correctional agencies. Contemporary research exposes how race and class influence decision making in the criminal justice system.

Articulate the basic ideas of critical feminism.

Critical feminist writers draw attention to the influence of patriarchal society on crime. According to power-control theory, gender differences in the crime rate can be explained by the structure of the family in a capitalist society.

Discuss how restorative justice is related to peacemaking criminology.

Peacemaking criminology brings a call for humanism to criminology. The restorative justice model holds that reconciliation rather than retribution should be applied to prevent and control crime. Restoration programs are now being used around the United States in schools, justice agencies, and community forums. They employ mediation, sentencing circles, and other techniques.