Theoretical approaches Flashcards

1
Q

What is the Functionalist perspective on crime?

A

Functionalists, such as Durkheim, argue that societies can only exist if they have a value consensus (shared set of beliefs) that forms moral ties binding communities together in what he called a collective conscience.

The collective conscience regulates the behaviour of individuals and laws are an expression of this collective conscience.

Those who break the law are breaking the collective conscience and should therefore face retribution (punishment).

retribution has the following roles:
-provides outlet for public anger and express disapproval
-reassert boundaries and social order
-contribute to building social solidarity
- reinforces social regulation and control

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2
Q

Evaluate Durkheim’s perspective on crime

A

assumes law reflects value consensus

ignores inequalities in wealth and power

punishments like imprisonment may not assist is reestablishing social order (prisons may manufacture crime)

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3
Q

What is the Marxist view on crime?

A

laws are not an expression of collective values, rather of ruling class ideology.

Punishment is part of what Althusser (1971) called a repressive state apparatus - parts of the state concerned with repressive , physical means of keeping population in line (through police, courts and prisons)

Rusche and Kircheimer- law and punishment act as mechanisms of social control, reinforcing ruling class power in unequal societies. The unequal distribution of power in society is reflected in the unequal distribution of punishment. Punishments handed down by CJS are overwhelmingly and systematically against the most disadvantaged in society- these people end up most severely punished.

Newburn- ‘ it is rare for the wealthy , powerful and influential to find themselves the focus of prosecution and punishment.’

way CJS and media focus on working class crime diverts attention from crimes of powerful

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4
Q

What did Weber say about crime? (Weberian approach)

A

argues modern societies have undergone a process of rationalisation - meaning now only the state has the power to punish offenders

there has been a rationalisation of the punishment of offenders- based on what Weber called legal-rational authority. This means punishment is based on impersonal rules and regulations, administered by complex processes by officials. (rather than often brutal treatment handed out by the sovereign power)

in democratic societies, rules and regulations governing punishment are based on legislation decided by elected governments- this gives them more claim to being legitimate.

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5
Q

Evaluate the Weberian approach.

A
  • issues surrounding the extent to which the rules and regulations are really fair , and the extent to which the officials follow these rules
  • many miscarriages of justice, judges are seen to sometimes discriminate unfairly against some groups.
  • individual law enforcement officers have considerable discretion in interpreting rules (as Marxists and labelling theorists suggest)
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6
Q

name some Left Realist policies for preventing crime.

A

building community cohesion

multi agency working

community policing

improving community facilities

intensive parenting support and early years childcare

greater school funding (breakfast/ afterschool clubs)

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7
Q

What did left realist Young argue caused crime?

A

Young argue crime was as a result of many factors interacting, known as multiple aetiology

relative deprivation, marginalisation , subcultures

he argued no single factor caused crime, it is a mixture of informal and formal social controls , structural inequalities and the agency of the offender.

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8
Q

Explain the rational choice theory within Right Realism.

A

Cornish and Clarke (1986) developed the rational choice and opportunity theories, with a focus on the decision-making process of the potential offender.

Argue that when offenders see an opportunity for crime , they act rationally and weigh u the costs and benefits before choosing whether to offend.

To deter offenders, it is important to reduce opportunities for crime and increase the cost/risk of offending.

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9
Q

Explain the ‘broken windows’ thesis and environmental crime prevention within right realism.

A

Wilson and Kelling (1982) developed the ‘broken windows’ thesis. This is the idea that if a broken window (a sign of social disorder) , is not repaired, then others are likely to be broken and further neglect will follow.

Wilson (1985) suggests that unless ‘incivilities’ are kept to a minimum, there will be a gradual deterioration of neighbourhoods and growing antisocial behaviour.

Wilson suggested that to prevent such a deterioration of social cohesion and the community , it was important to keep environments in good physical condition, and the police should have a zero tolerance policy, cracking down on anti social and criminal behaviour which threated social order.

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10
Q

Explain the routine activity theory as past of Right Realism

A

Felson and Clarke (1988)

Suggests crime occurs as part of everyday routines , where three conditions are present.

These three conditions are:

-suitable target
- no ‘capable guardian’ (neighborhood watch/ CCTV)
- potential offender present, who thinks first two conditions are met.

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11
Q

The ‘broken windows’ thesis , routine activity theory and rational choice/opportunity theory led right realists to adopt two main approaches to crime prevention - what are these?

A

situational crime prevention and increased social control

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12
Q

What is situational crime prevention?

A

Clarke (1992) - SCP is concerned with preventing crime in particular locations rather than catching offenders, and aims to make crime a less attractive choice for offenders , rather than eliminating criminal behaviour though punishment or improvement of society.

This is achieved by ‘designing out crime’ and ‘target hardening’ measures , described by Pease (2002) as ‘bars, bolts and barriers’. (anticlimb paint , alarms, CCTV and locks)

Other examples include ‘hostile architecture’ - e.g sloping benches so homeless people can’t sleep on them.

Such measures aim to reduce opportunities for crime and disorder in particular locations by making possible target ore difficult and risky for offenders.

Cornish and Clarke (2003) suggest this could be further reinforced by putting up notices warning people of surveillance and rules operating in an area, which would remove excuses and encourage people to regulate their behaviour (e.g Dispersal Orders)

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13
Q

criticisms of situational crime prevention

A
  • removes focus from other forms of crime prevention , such as looking at wider economic and social policies that cause crime.

-doesn’t pay sufficient attention to catching criminals or punishments to deter offenders.

  • Crawford and Evans (2012) - situational crime prevention in unequal societies can enhance inequalities , meaning the poor become more vulnerable and the affluent become more immune.

-displacement theory suggests SCP does not prevent crime overall , just displaces it to other areas as offenders are diverted somewhere else.

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14
Q

what is meant by increased social control as a right realist crime prevention strategy?

A

This is linked to Hirschi’s control theory - the idea that individuals are encouraged to choose conformity over crime , where there are strong social bonds integrating communities.

This strategy focuses on tighter family and community controls and socialisation in order to promote conformity. It suggests it is possible to predict crime, with those from ‘at risk’ backgrounds being the most likely.

Policies linked to this include:
making parents take responsibility and socialising children into conformist behaviour. May issue Parenting Orders to those who don’t.
Schemes like Neighbourhood watch build community controls through informal surveillance

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15
Q

criticisms of right realist crime prevention

A
  • zero tolerance strategies and strong police presence in areas with high social disorder may waste time or overemphasise trivial offences > creates more issues as person now has criminal record so employment difficult.

-ignores white collar and cooperate crime

  • doesn’t address wider causes of crime in the same way left realists do
  • assumes offenders act rationally when choosing whether to commit crime , however not all crimes (e.g vandalism) appear to have obvious gain.

-The idea of edgework and the seductiveness of crime (Lyng and Katz) are not addressed by rational choice and opportunity theories.

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16
Q

explain the feminist view of crime

A

Feminists regard the patriarchy as the key contributing factor towards both crimes committed against women and why some women turn to crime.

17
Q

Feminist Newburn (2007) identified some solutions to crime - what were these?

A

make ignored forms of victimisation visible - for example domestic violence

expose extent violence towards women is primarily an issue of men’s violence in home rather than ‘stranger danger’

recognise sexual violence by men against women is primarily an issue of male power and misogyny, not of sex

show how male dominated, patriarchal CJS holds stereotyped views of women and fails to respond appropriately to the crimes against them.

identify features of CJS that lead to further victimisation of women , Walklate (2004) argues the CJS leads to further victimisation of women in rape trials as it appears to be the women on trial , with her reputation and respectability questioned.

18
Q

What do feminists say about solving crimes committed against women?

A

liberal feminists argue there must be an improvement in circumstances around encouraging women to report crimes as this underreporting is partly due to unsympathetic approach from police/CJS

Newburn- police need more specialist trained officers to deal with rape and domestic abuse victims

Issues of reporting and trained officers need to be tackled so crimes are reported , prosecuted and men realise they can’t get away with it.

Better street lighting , self defence classes and rape alarms would allow women to reduce their fear of crime and boost their confidence.

19
Q

What do feminists say about solving crimes committed by women?

A

most crimes committed by women are related to poverty , debt or substance abuse , arguing women need more supportive welfare policies and better paid jobs.

Marxist feminists - focus on how inequality in Capitalist society has hardest impact on working class women, causing them to commit ‘female’ crimes such as shoplifting or prostitution. Tackling female crime means tackling social inequality. Emphasises women may turn to crime due to responsibilities placed upon them in a patriarchal society such as ; housework , childcare and managing a limited household budget.

Radical feminists argue men need to undergo re-socialisation so they no longer treat women like sexual objects to exert power over. Highlight the sexual exploitation of women through ‘slut walks’ and ‘reclaim the night’ marches. Also emphasise policies such as opening more rape crisis centres.

20
Q

How do postmodernists VIEW the law and crime?

A

postmodernists view crime as a social construction, arguing the law is an outdated metanarrative that is an expression of a particular view among those with power, as it doesn’t reflect the growing diversity and choice of identities in contemporary society.

Henry and Milovanovic (1966) argue crime should be reconceptualised as people using power to show disrespect/cause harm to others , whether or not it is illegal , embracing all threats/risks people may pursue due to increasingly diverse lifestyles/identities. They identified two forms of harm:
1) harm of reduction- victim experiences immediate loss/injury
2) harm of repression- power used to restrict human development, harms threatening human dignity, respect, sexual harassment or hate crimes.

21
Q

evaluate postmodernist approach

A

-doesn’t recognise importance/impact of social inequality - pays little attention to social groups who can’t afford to establish identities by consuming goods. Such groups face increasing exclusion , more surveillance and stricter control (e.g through repressive policing)

  • doesn’t consider implications of using customised private ‘policing’ and surveillance for people’s human rights. Private security firms are not subjected to same controls as police.
  • doesn’t recognise that decentralised and more informal arrangements for crime control respond to local identities and are likely to benefit the most affluent middle-class areas who have the power and resources to get their needs attended to , whilst the poorest areas of society are likely to be neglected
  • fails to recognise CJS may offer fairer , more equally distributed justice as it is centrally manged , meaning everyone (in theory) has an equal opportunity for protection

-fails to recognise people still have strong concept of right/wrong

-doesn’t explain why most people don’t use their power to harm others and why some need to in order to assert identity, more traditional theories such as Lea (1998) - marginasilation, relative deprivation and subculture is still a useful starting point

22
Q

outline postmodernist approach to PREVENTING/SOLVING crime

A

Lea (1998) (a left realist) argues the postmodernist approach to crime reduction involves a need for the CJS to recognise diversity of social groups and to respect their social identities and lifestyle choices. For example, police becoming more sensitive to ethnic and gender identities.
Points out that postmodernists’ stress on the fragmentation of social structures and growing choice/diversity of identities leads them to emphasise more informal localised arrangements for preventing/controlling crime.

Replace CJS processes with community policing, private security firms and informal controls

argues crime is caused by complex individual motives, and to reduce offending , justice needs to be more individualised - reflecting the needs of the individual offender. This involves exploring whether alternatives to prosecution are better suited, reducing the risk of them creating further harm in the future.

Any sentencing should not follow the national formulas that apply to all, and instead should be customised to each individual, recognising the particular circumstances which make individuals vulnerable to causing to harm.

23
Q

Postmodernist view of CAUSES of crime

A

Postmodernists argue crime is caused by a fragmentation of social structure and a growing diversity of values. The metanarratives that used to form people’s identities (work, social class and family) have been replaced by uncertainty and individual choice of identity.

Crime may develop due to an increasing focus on self, with little sense of obligation to others.

Individualism of identity has means social causes of crime are undiscoverable, with people expressing any identity they choose. E.g low self esteem overcome by using bulling/hate crimes.

Levin and McDevitt (2008) argue for some , hate crimes provide excitement and escape by inflicting suffering on those who they believe to be different from themselves.

Katz (1988) explores edgework and the seductiveness of crime. Argues some people enjoy risk taking and want to explore boundaries between legal and illegal. Crime and antisocial behaviour may be another way for people to construct their identities. (may act as alternative for poorer who can’t afford adrenaline inducing activities such as skydiving). The ‘thrills and spills’ of edgework may act as motivation for crime especially for young working class males who lack means of asserting group status/respect in legitimate ways. May also be a way to assert masculinity , which Miller suggested was focal concern for working class subculture.