Conflict Theory Notes

Conflict Theory

Core Concepts

• Society is divided into groups with competing ideas and values.

• The group(s) with greater power make laws and control society.

• Members of the less powerful group may still act in accordance with their own internal group norms.

• If group norms differ from the more powerful group's norms and laws:

  • They are violating the "law" and will be punished.

• Group and culture conflict provides an explanation of:

  • Law and criminal justice as well as criminal behavior.

Social Control

• Social Control: A normative system with rules about ways people should/should not behave.

• A system of mechanisms, both formal and informal, to control deviation from and promote conformity to rules.

• Informal Social Control:

  • Rules and regulations promoted and administered by family, peers, and other groups.

  • Socialization: Process of teaching and learning values, norms, and customs through example.

  • Application of positive and negative social sanctions.

• Formal Social Control:

  • Law – rules and regulations promulgated and enforced by ‘the state’.

  • External application of formal negative actions (i.e., punishment) by police and the CJS.

Consensus Theories

• Law develops out of widespread normative consensus in society.

• Law reflects the common interests of society as a whole.

• Formal system of laws and enforcement.

• Result of, and reflection of, general agreement in society.

• Influenced by views on right and wrong – reflected in folkways and mores.

• Incorporate norms with greatest consensus.

• Functionalist Theory:

  • Variant of consensus theory.

  • Law functions for "greater public welfare" by:

    • Orderly resolution of disputes.

    • Regulation of disruptive behavior.

    • Controlling crime through its symbolic function.

    • Official condemnation of behavior, whether or not it deters it.

Conflict Theory Explained

• Process of law making, breaking, and enforcement is a direct reflection of deep-seated and fundamental conflict between groups for power and control (Vold, 1958; Quinney, 1970).

• Dominant Group(s):

  • Segment of society with power (i.e., political, social, & monetary capital) to shape public policy, law, enforcement, & administration of justice.

• Criminal Definitions (or Laws):

  • Act(s) that conflict with the interests of &/or violate the norms & values of the dominant group(s) in society.

• Application of laws:

  • Criminal definitions are applied by the dominant group(s) in society.

  • Social factors affect who is apprehended, processed, & punished.

  • Social characteristics (i.e., sex, race/ ethnicity, age, & social class).

  • Social position (e.g., education, occupation, & political/ social connectedness &/or influence).

• “Crime” & “criminals” are a political construct that reflect/are dictated by those in power.

Influence of Special Interests

• Increased influence (i.e., political, social, & economic) of special interests & lobbyists on:

  • Legislation & administrative regulation

    • Example: 335 million Americans vs. American Association of Retired Persons (AARP): 38 million members.

  • Court decisions

    • Example: Citizens United v. Federal Election Commission (2010).

  • Public opinion on crime & criminal justice

    • Example: 39 million Californians vs. California Correctional Peace Officers Association: 31,000 members.

    • Example: 335 million Americans vs. National Rifle Association (NRA): 3–5 million members.

Racial Threat Hypothesis

• Racial threat hypothesis (Blumer, 1958; Blalock, 1967).

• Textbook: “Social Threat” (Liska, 1992) is a similar conceptualization.

• Relationship between the presence of “threatening” social groups & crime control efforts (i.e., law making, enforcement, & administration of justice).

• Racial context of communities impacts:

  • Perceptions of threat among the public & agents of social control.

  • Application of punishment & social control on minorities.

• As minority racial group populations grow relative to whites:

  • Minority group:

    • Develops increased power, increased economic resources, & increased political influence in community.

    • Better able to compete with whites.

  • Whites may feel:

    • Physically threatened (i.e., feelings of insecurity, fear, & perceived risk).

    • That their positions of power & privilege are jeopardized.

    • Therefore, whites feel the need to:

      • Protect privileged positions of power.

      • Suppress increased strength of minority group with a variety of social controls.

• As minority racial group populations grow:

  • Minority group develops increased power (i.e., political, social, & monetary capital).

  • Whites may feel threatened (i.e., physically + their positions of power/privilege).

  • Therefore, need to protect self/power by suppressing minorities (via social controls).

  • But when the minority group hits a certain size* + political & social power:

    • *Not necessarily a majority, but a necessary ‘critical mass’

    • Minority group able to use power to contest targeted social controls.

    • Punitive severity should level off & even decrease as the minority group reaches sufficient size & prominence.

• Mixed Empirical Support – % minority pop. is positively related to:

  • Crime control efforts: increased size of PD force.

  • increased White-on-black crime as black employment rates approach white levels.

  • increased Racial/ethnic disparities in the application of punishment & social control.

  • increased Likelihood of jail/prison; increased sentence length; increased black death penalty sentence.

  • increased Black lynching’s.

  • increased Felons’ voting rights limits.