304 final Flashcards

1
Q

conflict theory vs radical theory

A
>Conflict theorists maintain that conflict is a fundamental element of all societies & conflict occurs between interest groups with varying degrees of power
>Conflict theory ignores the social structural sources of power in society (e.g., the ownership of private property)
>Conflict theory is liberal; crime can be reduced within the current economic and social structures
>Radical theorists maintain that conflict is a fundamental element of all societies & conflict occurs between interest groups with varying degrees of power, BUT class conflict is their focus
>Radical theory focuses on the sources of power in a given society
>Radical theory is radical; in order to reduce crime we need fundamental social change
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2
Q

Radical theory is based on the work of

A
Karl Marx
> Marx addressed many issues, but is most famous for his analysis of capitalism & how it relates to the state and law
>Criticized capitalism because
it benefits a small manority and
exploits the majority
>Over time, capitalism will 
yield to radical socialism
which in turn would yield
to communism 
(a classless society)
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3
Q

what are Three interpretations of how the mode of production (capitalism) relates to law and society

A
  1. Instrumentalists: (ruling class determinsits) a mostly homogenous group of capitalists is able to manipulate the state and the law for its own parochial intersts—deciding how to make lawas
  2. Structuralist: functions of state are determined by structures of society (e.g. the law) rather than by people who occupy positons of state power or by individual capitalists. Focus is protecting long term health of capitalism- set a min age for child labor eg age 18
  3. Dialetcial: combines other two interpretations and adds that which interperetaoin si more correct at any given time historically contingent. Combines 1 and 2….depends on point in history.
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4
Q

what is the focus of radical theory?

A

> > the social arrangements of society, especially on political and economic structures and institutions of capitalism
***
A very small % of people are “winners” in the individualistic and competitive struggle for material wealth
and most are “losers”

The more unevenly wealth is distributed in society,
the more likely people are to prey on others (commit crime

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5
Q

Radical theory says that crime is not caused by?

A

Crime, and other social ills, aren’t caused by inequality per se, but by the individualistic competition, exploitation and class struggle encouraged by capitalism

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6
Q

True or False : radicals reject the legal definition of crime?

A

True
Radicals reject legal definition of crime
Crime: Violation of human rights (decent food, shelter, health care, education, and basic human dignity)
Crime includes imperialism, racism, capitalism, sexism and other systems of exploitation which contribute to human misery and deprive people of their human potentiality

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7
Q

who Specified 7 elements of “market societies” that, in combination, are likely to breed serious violent crime:

A

Elliot Currie
1 Progressive destruction of livelihood (absence of steady well-paying work)
2 Growth of extremes of economic inequality and material deprivation
3 Withdrawal of public services and supports, especially for families and children
4 Erosion of informal and communal networks of mutual support, supervision, and care
5 Spread of a materialistic, neglectful, and “hard” culture (emphasis on brutal individual competition and consumption rather than values of community, contribution, and productive work)
6 Unregulated marketing of the technology of violence (guns)
7 The weakening of social and political alternatives for those most “at risk” (limits possibility of a collective response)

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8
Q

What are policy implications of radical theory

A
  1. Demonstrate (show people) that the criminal law is used by the state and the ruling class to secure the survival of the capitalist system.
    Criminal law serves interests of the ruling class in 3 ways:
    Promotes and protects all private property
    Gives the impression that it is an impartial arbiter of conflicts & hides its origins in political and economic interests
    Is a repressive institution used to incapacitate people who threaten the capitalist system
  2. Reconceptualize the definition of crime
  3. Expose the CJ system as a “state-supported” effort to rationalize social control and replace it with a system of “socialist justice”
  4. The solution to crime is a socialist society in which human diversity would be appreciated
    This transformation would require raising the political consciousness of all members of society through praxis
    Currie argues that the best way to bring about change and reduce crime is “full employment at socially meaningful work at good wages, and with reasonable hours”
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9
Q

what are problems and criticisms of radical theory

A

Definition of crime is too broad and vague
Doesn’t address the question of how exploited people become conscious of their class interests
Policy implications are utopian: socialism isn’t the solution to the crime problem in capitalist societies (many formerly communist nations are adopting free-market economies)
Are any societies today truly capitalist or socialist?
All countries have elements of both (in the US: Social Security, Farm Subsidies, Corporate Welfare, etc.)
Key question: What is the best mix of capitalism and socialism in order to reduce crime and improve the overall quality of human life?

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10
Q

Femenism refers to

A

a doctrine and a movement espousing that “women should have the same economic, social, and political rights as men”

Informs many social sciences, but its application to crime is fairly new despite the strong gender-crime correlation

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11
Q

Feminism criminology refers to

A

“refers to that body of criminological research and theory that situates the study of crime and criminal justice within a complex understanding that the social world is systematically shaped by relations of sex and gender”

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12
Q

what are three genera areas feminism looks at?

A
  1. Victimization of women: Blurred boundaries between victim and offender
  2. Gender differences in offending:
    Generalizability: Do theories of crime (usually based on males) apply to women?
    Gender-Ratio Problem: Why are women less likely than men to engage in crime?
  3. Gendered justice: How does the CJ system treats females differently from males?
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13
Q

what are four categories of feminist criminology?

A

Liberal: Earliest version of feminist criminology:
Radical: Role of patriarchy
Marxist: Add a Marxist analysis to radical feminism
Socialist: Combine Marxist and radical feminism

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14
Q

What is feminist research done by Heimer and De Coster?

A

Association with delinquent peers is associated with delinquency, but boys are more likely to associate with delinquent boys
Boys are more likely than girls to learn definitions favorable to violence because boys are under less direct parental control than girls
Boys have gender too!
Messerschmidt: Examines how “dong gender” increase crime among boys

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15
Q

What are criticisms of feminist theories?

A

May focus too much on the role of gender when other factors like race & class maybe more important
Debate within Feminism:
How much should we depend on the law and state to address needs of women?
Law is largely a male institution.

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16
Q

British or left realism

A

Emerged in the Mid-1980s in Great Britain among a group of radical criminologists
Focus:
Redirect attention to the real victimization experienced by poor, working-class people and pay less attention to WCC; We can’t wait for the worker’s revolution to begin helping crime victims
Focus police attention on protecting working-class people; Play a larger role in policy development, lest the conservatives have all the control
Criticisms:
Contradictory position toward the state
No different from mainstream criminology!

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17
Q

Peacemaking criminology is associated with

A

quinney
Rejects the notion that criminal violence can be repressed or eliminated by more state violence
Based on anarchism, humanism, socialism, and Native American and Eastern philosophies
Focus: Crime and other social problems, are the result of suffering, so suffering must be eliminated

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18
Q

What is the focus of peacemaking criminology

A

To reduce suffering:
Individuals must transform themselves spiritually to find an inner peace that will allow them to experience empathy others
In short, for peacemaking criminologists, it is necessary for people to first change themselves before they can change the world

19
Q

what are problems and criticism of peacemaking criminology?

A

Extremely Idealistic

Does not suggest how such transformations can be made

20
Q

postmodernism is

A

a rejection of the “modern” or Enlightenment belief in scientific rationality as the route to knowledge and progress

21
Q

postmodernism emphasizes three issues

A

The centrality of language
Partial knowledge & provisional truth
Deconstruction, difference and possibility
Said differently, there are many “truths” and some are more highly valued than others

22
Q

postmodernism uses

A

Postmodernists use Deconstruction to interpret the randomness of meaning and to “unveil the implicit assumptions and hidden values…imbedded within a particular narrative” & expose how some discourses and ways of knowing are privileged over others.

23
Q

what is the goal of postmodernism

A

Identify the differences in language and place them all on equal footing & to ensure that expressions of law, crime, and justice reflect the multiple and disparate ways different people experience their reality.

24
Q

Learning theories of crime focus on

A

Focus on how people learn the techniques of and justifications for criminal behavior

25
Q

What are criticisms of sutherland’s theory?

A

It is untestable: How do you measure “an excess of definitions favorable to law violation”?
Do differential associations lead to crime, or vice versa?
Does not present a good description of definitions favorable or unfavorable to crime
Underemphasizes the role of the media
Simplistic conception of learning
Overprediction: Does not explain exceptions well

26
Q

thechniques of neutralization assume

A

most delinquents believe in the dominant value system of society and will admit that their delinquent behavior is wrong
By neutralizing dominant values, a juvenile can eliminate the guilt associated with engaging in delinquent behavior

27
Q

what are the techniques of neutralization?

A
Denial of responsibility 
Denial of injury
Denial of victim
Condemnation of the condemners
Appeal to higher loyalties
28
Q

What are problems with techniques of neutralization/

A

Are neutralizations employed before or after crime?

Are people always committed to conventional values and norms?

29
Q

what does research show about techniques of neutralization/

A

Neutralizations occur after the behavior
Few people are always committed to conventional values and norms, but drift in and out of conventional behavior depending on opportunity
Explains how crime is maintained or continued, not how it originates

30
Q

what is the focus of subcultural theories?

A

the existence of a subculture that advocates the use of crime/violence in certain circumstances

31
Q

a subculture is?

A

subgroup within a dominant group that has defined its own norms and values, often in opposition to the dominant group
Examples:
Southern US
Inner-city black neighborhoods

32
Q

Walter miller argued

A

the lower class has a culture and values all its own
Focal Concerns:
Trouble: ability to handle it
Toughness: physical and emotional strength
Smartness :Street smarts
Excitement: Thrill seeking
Fate: Life events are a matter of chance
Autonomy: Freedom from authority figures
Delinquency was “normal” behavior of lower-class youths, just defined as delinquent by middle and upper classes
Lower class did not want to be middle class

33
Q

what are problems with miller’s theory?

A
Can’t explain lower-class nondelinquency
Only Miller’s work supports his theory
Most research shows that most poor folks adhere to values and principles of dominant American culture
No evidence that members of the lower classes perceive poverty as  preferable to middle-class life
34
Q

Marvin Wolfgang & Franco Ferracuti

Wrote

A

The Subculture of Violence in 1967
Based on homicide rates in Philadelphia: concentrated in black neighborhoods
Premise: Subculture that defines violence as a more appropriate, or even required, response to a wide variety of provocations and insults”
Summarizes theory in 7 propositions

35
Q

wolfgang and ferracuti’s work has been applied to

A

explain higher rates of violence in the south & higher rates in inner-city areas
Research results are largely unsupportive
Southern, white, rural males are more supportive of under certain (defensive) conditions
Little evidence that there is a subculture of violence among African-American males (one study found that whites are more likely to support defensive or retaliatory violence than are African-Americans)

36
Q

social control theories focus on

A

Why do people NOT commit crime?

37
Q

travis hirschi developed

A

Social Bond Theory” in his book Causes of Delinquency in 1969
For delinquency to be eliminated, kids must be properly socialized
Proper socialization: Strong moral bonds are established between a juvenile and society

38
Q

what are four elemets of social bond theory?

A

Attachment to conventional others
Commitment to conventional lines of action
Involvement in conventional activities
Belief in the moral order and law

39
Q

grotfredson and hirschi developed

A

a general theory of crime

40
Q

A general theory of crime says

A

Crime results from a lack of self-control
Lack of self control is the result of poor parenting
Lack of self control is learned at an early age and is highly resistant to change
Ineffective Parents:
Don’t monitor their child’s behaviors
Don’t recognize delinquent behavior
Don’t respond appropriately to delinquency
Low self control adversely affects a person’s
ability to accurately calculate the consequences
of their behavior

41
Q

A general theory of crime assumes

A

that everyone has a predisposition toward criminality and therefore people with low self-control find it more difficult to resist the appeal of crime and delinquency
People with low self-control tend to be impulsive, insensitive, physical, risk-taking, short-sighted, and nonverbal

42
Q

research on a general theory of crime shows

A

The link between self control and crime is supported: “low self control’s relationship to delinquent involvement is a ‘fact’ for which extant theories must take account”

43
Q

what is a crime prevention implication of a general theory of crime

A

Children must be properly socialized & must develop a strong moral bond to society
Programs include parent training and family therapies that reduce conflict, neglect and abuse

44
Q

what are problems with control theories?

A

Assumes that delinquency will occur if not prevented (motivation is a constant)
Hirschi’s version has been criticized for ignoring the role of delinquent friends
Does not explain serious delinquency or adult criminality
Does not explain crime that is committed by persons with high levels of self-control (WCC & political crime)
Problems with Hirschi’s sample & questionnaire items
Ignores criminalization process
Overprediction
Doesn’t explain why most people “age out” of crime