Critical Criminology

10.1 The Rise of Critical Criminology

  • Key Transition: Critical criminology signifies a departure from orthodox criminology.

    • References: Tierney (2006); Martel et al. (2006); Ratner (1984, 2006).

  • Connection with New Deviancy: Evolved alongside criminological theories like labeling theory, social reaction theory, transactionalism, and interactionism.

    • Significance: Represents a shift from dominant positivistic paradigms in social sciences (Tierney, 2006; Garland & Sparks, 2000; Hargreaves et al., 1976).

  • Critique of Positivism:

    • Positivism Focus: Identified causes of crime for corrective measures; aimed at crime control.

    • Lynch (2000): Argues that traditional positivism legitimizes control of lower classes and normalizes punishment.

    • Standardization of Knowledge: Dominant knowledge in criminology became unquestioned and normalized (Lynch, 2000).

  • Questioning Established Norms: Critical criminology challenges normalized notions of crime and justice, advocating for broader societal considerations (Martel et al., 2006).

    • Ratner (2006): Calls for an alternative to the dominant paradigm in understanding societal crime definitions and governmental power related to punishment.

  • Positioning: Mostly anti-positivist, focusing on social structures rather than individual behaviors (trauma, upbringing, psychological traits).

    • Goal: Enables deconstruction of dominant knowledge and promotes engagement in social change (Sayer, 2009).

    • Denaturalizing Knowledge: Aimed at reconsidering justice administration (Kraska & Newman, 2011).

  • Objectives of Critical Criminology: Investigate power relations within social systems while proposing alternatives to prevailing power dynamics.

    • Research & Activism: Encourages transformative activism as part of scholarly work.

10.2 Marx and the Basis of Critical Criminology

  • Marx's Influence: A foundational figure for critical criminology, primarily through his critique of capitalism.

    • Societal Conflict: Contrary to consensus views, Marx posits societal conflict emerges from production relations.

  • Key Works:

    • Capital, Volume One:

    • Chapter 26: Primitive accumulation of property criticized as non-natural.

    • Chapter 27: Explores expropriation of populations from their lands for capitalist gain.

    • Chapter 28: Discusses “bl00dy legislation” that enforces private property rights and criminalizes the working class.

  • Role of State Apparatus:

    • Elements of Control: Marx argues that the state apparatus, including police and prisons, maintain capitalist exploitation.

    • Maximizing Profit: Structures in society serve to legitimize and facilitate capitalist accumulation through oppression.

  • Chambliss (1964): Investigated vagrancy laws as capitalist tools to enforce labor.

    • Definition of Crime: Defined as conduct controlled by economic elites through the political organization.

  • Althusser's Contribution:

    • Repressive State Apparatuses: Institutions with the legal authority to use force to regulate societal behavior.

  • Quinney's Instrumental vs. Structural Marxism:

    • Instrumental Marxism: Views law as a direct tool of capital to maintain social control.

    • Structural Marxism: States operate on behalf of capital, not merely by its design.

10.3 Post-Structuralism: Foucault and Critical Criminology

  • Foucault's Power Analysis: Goes beyond Marxist notions of repressive state power, highlighting how power circulates and manifests through social relationships.

  • Foucauldian Phases:

    • Archaeological Phase: Focuses on discourses and their evolution into mechanisms of power.

    • Genealogical Phase: Investigates how discourses discipline social norms across institutions (factories, hospitals, prisons).

    • Ethics Phase: Examines self-governance and the construction of ethical selves through societal discourses.

  • The Concept of Discourse:

    • Mechanisms categorizing human activities with a significant role in criminal justice and societal control.

  • Disciplinary Mechanisms: Controlled through normalized practices in various institutions, forming a societal network of behavioral regulation.

  • Self Governance and Care of Self: Foucault explores self-regulation amidst societal expectations and norms.

10.4 Emergent Elements of Critical Criminology

  • Police and Penal Abolition:

    • Historical Context: The call for police and prison abolition originates from anti-racist movements, especially after recent high-profile police killings (e.g., George Floyd).

    • Conceptual Foundations: Draws on Marxist and Foucauldian critiques of state power.

  • Contemporary Contributions:

    • Notable works from Canadian and U.S. scholars advocating for abolition highlight the failures of the police institution to provide safety.

  • Convict Criminology:

    • Emphasizes the voices and experiences of incarcerated individuals, providing a grounding in the realities of oppressive systems.

  • Research Methodologies:

    • Increasing reliance on Freedom of Information (FOI) requests as a method to investigate state practices and policies.

    • Computational Social Science: Emerging tool that allows researchers to analyze large datasets to identify crime-related trends and patterns.

10.5 Conclusion

  • Critical Criminology Overview: Though complex, it fundamentally challenges the violent nature of current criminal justice systems, utilizing critical theories from Marx and Foucault.

  • Abolitionist Focus: Contemporary studies lean heavily toward questioning and reimagining systems viewed as inherently violent, striving for material change in society.