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Criminology and penology |
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Largely based on the writings of Karl Marx, conflict criminology holds that crime in capitalist societies cannot be adequately understood without a recognition that such societies are dominated by a wealthy elite whose continuing dominance requires the economic exploitation of others, and that the ideas, institutions and practices of such societies are designed and managed in order to ensure that such groups remain marginalised, oppressed and vulnerable. Members of marginalised and oppressed groups may sometimes turn to crime in order to gain the material wealth that apparently brings equality in capitalist societies, or simply in order to survive. Conflict criminology derives its name from the fact that theorists within the area believe that there is no consensual social contract between state and citizen.
Conflict theory assumes that every society is subjected to a process of continuous change and that this process creates social conflicts. Hence, social change and social conflict are ubiquitous. Individuals and social classes, each with distinctive interests, represent the constituent elements of a society. As such, they are individually and collectively participants in this process but there is no guarantee that the interests of each class will coincide. Indeed, the lack of common ground is likely to bring them into conflict with each other. From time to time, each element's contribution may be positive or negative, constructive or destructive. To that extent, therefore, the progress made by each society as a whole is limited by the acts and omissions of some of its members by others. This limitation may promote a struggle for greater progress but, if the less progressive group has access to the coercive power of law, it may entrench inequality and oppress those deemed less equal. In turn, this inequality will become a significant source of conflict. The theory identifies the state and the law as instruments of oppression used by the ruling class for their own benefit. [1]
There are various strands of conflict theory, with many heavily critiquing the others. Structural Marxist criminology, which is essentially the most 'pure' version of the above, has been frequently accused of idealism, and many critics point to the fact that the Soviet Union and such states had as high crime rates as the capitalist West. Furthermore, some highly capitalist states such as Switzerland have very low crime rates, thus making structural theory seem improbable.
Instrumental Marxism partly holds to the above, but claims that capitalism in itself cannot be blamed for all crimes. A seminal book on the subject, The New Criminology, by Taylor, Walton, and Young, was considered groundbreaking and ahead of its time at the point of its publication in 1973. However, 11 years later, co-author Jock Young turned against the work, claiming it too was overly idealistic, and began to form yet another line of criminological thought, now commonly known as Left realism.
Sellin was a sociologist at the University of Pennsylvania and one of the pioneers of scientific criminology. His method involved a comprehensive view of the subject, incorporating historical, sociological, psychological, and legal factors into the analysis. He applied both Marxism and Conflict Theory to an examination of the cultural diversity of modern industrial society. In a homogeneous society, norms or codes of behaviour will emerge and become laws where enforcement is necessary to preserve the unitary culture. But where separate cultures diverge from the mainstream, those minority groups will establish their own norms. Socialization will therefore be to the subgroup and to the mainstream norms. When laws are enacted, they will represent the norms, values and interests of the dominant cultural or ethnic group which may produce border culture conflict. When the two cultures interact and one seeks to extend its influence into the other, each side is likely to react protectively. If the balance of power is relatively equal, an accommodation will usually be reached. But if the distribution of power is unequal, the everyday behavior of the minority group may be defined as deviant. The more diversified and heterogeneous a society becomes, the greater the probability of more frequent conflict as subgroups who live by their own rules break the rules of other groups.
Vold introduced the theory in 1958, [2] in Theoretical Criminology, approaching an understanding of the social nature of crime as a product of the conflict between groups within the same culture. Humans are naturally social beings, forming groups out of shared interests and needs. The interests and needs of groups interact and produce competition in an increasingly political arena over maintaining and/or expanding one group's position relative to others in the control of necessary resources (money, education, employment, etc.). The challenge for all groups is to control the state for their own sectional interests. Hence, the group which proves most efficient in the control of political processes, obtains the mandate to enact laws that limit the behaviour of other groups and, in some cases, prevent the fulfillment of minority group needs. Although the theory has some interest, it is limited in its application to the criminal law because it is not so much the law that represents sectional interests, but the way in which it is enforced. For example, the definition of theft might remain constant but the allocation of resources to investigate and prosecute theft may be unequally distributed between blue-collar and white-collar versions of the behaviour.
Turk [3] draws on the work of Ralf Dahrendorf, who expanded on Marxism's emphasis on the social relations of production as a key to understanding power and focused on the struggle in a modern industrial society for institutional authority. This is power exercised by the social institutions that dominate everyday life; the authority vested in groups which control key positions in religious, educational, governmental, and even family relations. This authority can be linked to economic position, but it is not necessarily dependent upon it. Turk argues that some conflict is beneficial to society because it encourages society to consider whether the current consensus is justified, i.e. there is a balance between stasis and evolution. In this debate, there is a distinction between cultural norms which set out what behaviour is expected, and social norms which represent the reality of what happens. Those who have the power transform their cultural norms into law. The mechanisms for enforcement determine the social norms and so affect the beliefs and actions of the majority of citizens. If those who are subject to the laws agree with the law's cultural values, there will be co-operative enforcement by the community and the policing agencies. Conflict emerges when the subjects do not support the cultural norms in particular laws and the policing agencies attempt their rigorous enforcement, e.g. the policing of soft drugs. There may also be conflict within the enforcement system. Whereas the police may set of policy of tolerance, judges may wish to enforce the law with more severe penalties. If fewer offenders are brought before the courts, the judges may increase the severity of the sentences in an attempt to offer a general deterrent.
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term crime does not, in modern criminal law, have any simple and universally accepted definition, though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence is an act harmful not only to some individual but also to a community, society, or the state. Such acts are forbidden and punishable by law.
Social control is a concept within the disciplines of the social sciences. Social control is described as a certain set of rules and standards in society that keep individuals bound to conventional standards as well as to the use of formalized mechanisms. The disciplinary model was the forerunner to the control model.
Social conflict theory is a Marxist-based social theory which argues that individuals and groups within society interact on the basis of conflict rather than consensus. Through various forms of conflict, groups will tend to attain differing amounts of material and non-material resources. More powerful groups will tend to use their power in order to retain power and exploit groups with less power.
Conflict theories are perspectives in sociology and social psychology that emphasize a materialist interpretation of history, dialectical method of analysis, a critical stance toward existing social arrangements, and political program of revolution or, at least, reform. Conflict theories draw attention to power differentials, such as class conflict, and generally contrast historically dominant ideologies. It is therefore a macro-level analysis of society.
In Marxist philosophy, cultural hegemony is the dominance of a culturally diverse society by the ruling class who manipulate the culture of that society—the beliefs and explanations, perceptions, values, and mores—so that the worldview of the ruling class becomes the accepted cultural norm. As the universal dominant ideology, the ruling-class worldview misrepresents the social, political, and economic status quo as natural, inevitable, and perpetual social conditions that benefit every social class, rather than as artificial social constructs that benefit only the ruling class.
Ralf Gustav Dahrendorf, Baron Dahrendorf, was a German-British sociologist, philosopher, political scientist and liberal politician. A class conflict theorist, Dahrendorf was a leading expert on explaining and analysing class divisions in modern society. Dahrendorf wrote multiple articles and books, his most notable being Class Conflict in Industrial Society (1959) and Essays in the Theory of Society (1968).
In criminology, a political crime or political offence is an offence involving overt acts or omissions, which prejudice the interests of the state, its government, or the political system. It is to be distinguished from state crime, in which it is the states that break both their own criminal laws or public international law.
Social conflict is the struggle for agency or power in society. Social conflict occurs when two or more people oppose each other in social interaction, and each exerts social power with reciprocity in an effort to achieve incompatible goals but prevent the other from attaining their own. It is a social relationship in which action is intentionally oriented to carry out the actor's own will despite the resistance of others.
In the United States, the relationship between race and crime has been a topic of public controversy and scholarly debate for more than a century. Crime rates vary significantly between racial groups; a 2005 study by the American Journal of Public Health observed that the odds of perpetrating violence were 85% higher for blacks compared with whites, with Latino-perpetrated violence 10% lower. However, academic research indicates that the over-representation of some racial minorities in the criminal justice system can in part be explained by socioeconomic factors, such as poverty, exposure to poor neighborhoods, poor access to public and early education, and exposure to harmful chemicals and pollution. Racial housing segregation has also been linked to racial disparities in crime rates, as blacks have historically and to the present been prevented from moving into prosperous low-crime areas through actions of the government and private actors. Various explanations within criminology have been proposed for racial disparities in crime rates, including conflict theory, strain theory, general strain theory, social disorganization theory, macrostructural opportunity theory, social control theory, and subcultural theory.
Critical criminology is a perspective in criminology that challenges traditional beliefs about crime and criminal justice, often by taking a conflict perspective such as Marxism, feminism, or critical theory. Critical criminology examines the genesis of crime and the nature of justice in relation to factors such as class and status, Law and the penal system are viewed as founded on social inequality and meant to perpetuate such inequality. Critical criminology also looks for possible biases in criminological research.
Marxist criminology is one of the schools of criminology. It parallels the work of the structural functionalism school which focuses on what produces stability and continuity in society but, unlike the functionalists, it adopts a predefined political philosophy. As in conflict criminology, it focuses on why things change, identifying the disruptive forces in industrialized societies, and describing how society is divided by power, wealth, prestige, and the perceptions of the world. "The shape and character of the legal system in complex societies can be understood as deriving from the conflicts inherent in the structure of these societies which are stratified economically and politically". It is concerned with the causal relationships between society and crime, i.e. to establish a critical understanding of how the immediate and structural social environment gives rise to crime and criminogenic conditions.
In criminology, the classical school usually refers to the 18th-century work during the Enlightenment by the utilitarian and social-contract philosophers Jeremy Bentham and Cesare Beccaria. Their interests lay in the system of criminal justice and penology and indirectly, through the proposition that "man is a calculating animal", in the causes of criminal behavior. The classical school of thought was premised on the idea that people have free will in making decisions, and that punishment can be a deterrent for crime, so long as the punishment is proportional, fits the crime, and is carried out promptly.
Integrative criminology reacts against single theory or methodology approaches, and adopts an interdisciplinary paradigm for the study of criminology and penology. Integration is not new. It informed the groundbreaking work of Merton (1938), Sutherland (1947), and Cohen (1955), but it has become a more positive school over the last twenty years.
The postmodernist school in criminology applies postmodernism to the study of crime and criminals. It is based on an understanding of "criminality" as a product of the use of power to limit the behaviour of those individuals excluded from power, but who try to overcome social inequality and behave in ways which the power structure prohibits. It focuses on the identity of the human subject, multiculturalism, feminism, and human relationships to deal with the concepts of "difference" and "otherness" without essentialism or reductionism, but its contributions are not always appreciated. Postmodernists shift attention from Marxist concerns of economic and social oppression to linguistic production, arguing that criminal law is a language to create dominance relationships. For example, the language of courts expresses and institutionalises the domination of the individual, whether accused or accuser, criminal or victim, by social institutions. According to postmodernist criminology, the discourse of criminal law is dominant, exclusive and rejecting, less diverse, and culturally not pluralistic, exaggerating narrowly defined rules for the exclusion of others.
Deviance or the sociology of deviance explores the actions and/or behaviors that violate social norms across formally enacted rules as well as informal violations of social norms. Although deviance may have a negative connotation, the violation of social norms is not always a negative action; positive deviation exists in some situations. Although a norm is violated, a behavior can still be classified as positive or acceptable.
Marxian class theory asserts that an individual's position within a class hierarchy is determined by their role in the production process, and argues that political and ideological consciousness is determined by class position. A class is those who share common economic interests, are conscious of those interests, and engage in collective action which advances those interests. Within Marxian class theory, the structure of the production process forms the basis of class construction.
Radical criminology states that society "functions" in terms of the general interests of the ruling class rather than "society as a whole" and that while the potential for conflict is always present, it is continually neutralised by the power of a ruling class. Radical criminology is related to critical and conflict criminology in its focus on class struggle and its basis in Marxism. Radical criminologists consider crime to be a tool used by the ruling class. Laws are put into place by the elite and are then used to serve their interests at the peril of the lower classes. These laws regulate opposition to the elite and keep them in power.
Criminology is the interdisciplinary study of crime and deviant behaviour. Criminology is a multidisciplinary field in both the behavioural and social sciences, which draws primarily upon the research of sociologists, political scientists, economists, legal sociologists, psychologists, philosophers, psychiatrists, social workers, biologists, social anthropologists, scholars of law and jurisprudence, as well as the processes that define administration of justice and the criminal justice system.
Risk and actuarial criminology, unlike many other theories of crime, does not focus on the causality of crime. It believes the social world is too complex and interlocking to understand what causes a behaviour or action. This theory seeks to understand the emerging forms of social control that may lead to crime, and concentrates on assessing risk. Major aspects of this theory are the norms and rules of a society that propel behaviour and private sectors getting involved in citizens lives. This theory does not revolve around issues of justice, the criminal code, or laws, it focuses on questions of how to minimize risk of entrenchments on private security for the general population. Power is a key concept within risk and actuarial criminology. Power is the highest most emergent form of social control, which contains many interlocking sets of networks such as schools, licensing agencies, organizations etc. This theory looks at the effect of these powers on risk and the risk to our personal private security. Risk criminology studies changes such as the rise in private security. Risk criminology sees this change as the social institutions taking more and more interest in the private sector, as well as the public domain, such as the government becoming less involved, leaving room for self-governance. This means that because of these changes in social control, individuals behaviour is understood and analyzed with actuary science because agencies and organizations are taking an interest in the personal security and risk of their clients. Another change that risk assesses is the blurring of the line between private and public policing. In recent times, private policing outnumbers public policing, which confuses and fragments policing, which explains some patterns of behaviour in our day.
Anarchist criminology is a school of thought in criminology that draws on influences and insights from anarchist theory and practice. Building on insights from anarchist theorists including Pierre-Joseph Proudhon and Peter Kropotkin, anarchist criminologists' approach to the causes of crime emphasises what they argue are the harmful effects of the state. Anarchist criminologists, a number of whom have produced work in the field since the 1970s, have critiqued the political underpinnings of criminology and emphasised the political significance of forms of crime not ordinarily considered to be political. Anarchists propose the abolition of the state; accordingly, anarchist criminologists tend to argue in favour of forms of non-state justice. The principles and arguments of anarchist criminology share certain features with those of Marxist criminology, critical criminology and other schools of thought within the discipline, while also differing in certain respects.