1. Chapter 8
Social Conflict Theory:
Critical Criminology and Restorative Justice

2. Figure 8.1 The Branches of Social Conflict Theory

3. Marxist Thought
Productive Forces and Productive Relations
Communist Manifesto focused attention on economic conditions of a capitalist system
Productive forces: Include technology, energy sources, and material resources
Productive relations: Exist among people producing goods and services
Bourgeoisie (capitalists)
Proletariat (working labor)
Lumpen proletariat (poor)
Class denotes a position in relation to others

4. Figure 8.2 The The Marxist View of Class

5. Marxist Thought
Surplus Value
Laboring class produce goods that exceed wages in value
Excess value goes into the hands of capitalists
Marx suggested workers would emerge into a socialist state and own the means of production

6. Figure 8.3 Surplus Value

7. Marxist Thought
Marx on Crime
Suggested a connection between crime and social inequality
Friedrich Engels suggested the brutality of the capitalist system turns workers into animal-like creatures
Crime is a function of social demoralization

8. Developing a Conflict Based Theory of Crime
The Contribution of Willem Bonger
Society is divided into have and have-nots
Crimes are considered antisocial because they are threatening to those who have power
Bonger suggested the capitalist system is held together by force rather than consensus
Upper class will commit if:
They sense an opportunity of make financial gain
Their lack of moral sense enables them to violate social rules
Crime and poverty are associated with unequal distribution of wealth

9. Developing a Conflict Based Theory of Crime
The Contribution of Ralf Dahrendorf
Society is organized into imperatively coordinated associations: Those who possess authority for social domination and those who lack authority and are dominated
Every society is subject to change
Every society displays social conflict
Every element in society renders a contribution to its disintegration and change
Every society is based on coercion by some of its members

10. Developing a Conflict Based Theory of Crime
The Contribution of George Vold
Adapted conflict theory to criminology
Laws are created by politically oriented groups
Laws will be created to hamper and curb the interests of some opposition group
Criminal acts are a consequence of forces struggling to control society (conflict)

11. Social Conflict Theory
Conflict theory tries to explain crime within economic & social contexts and to express connections between social class, crime, and social control
Relationship to crime began in the 1960s
William Chambliss and Robert Seidman suggests the justice system protects the rich and powerful
Richard Quinney argued that crime is a function of power relations and an inevitable result of social conflict.
Crime is defined by those in power
Power refers to the ability of persons and groups to determine and control the behavior of others and to shape public opinion to meet their personal interests

12. Social Conflict Theory
Social Conflict Based Research
Compare crime rates of various class groupings
Research suggests a relationship between economic conditions and homicides (Pratt/Lowenkamp)
Courts are more likely to dole out harsh punishment to powerless and disenfranchised groups
Unemployed racial minorities are considered “social dynamite”

13. CNN Clip - FTAA Protest

14. Critical Criminology
Origins of Critical Conflict Theory
Influence of British sociologists in 1968 formed the National Deviancy Conference (NDC)
The NDC were critical of positivist criminology and the conservative stance
U.S. scholars were influenced by widespread social ferment of the late 1960s and early 1970s
In 1980s left realism emerged which influenced peacemaking criminology
Critical conflict criminologists are concerned with the recent conservative agendas of cutting social programs and increased military spending

15. Critical Criminology
Fundamentals of Critical Criminology
Crime is a function of the capitalist mode of production
The poor (proletariat) engage in street crimes, whereas the wealthy (bourgeoisie) are involved in acts not defined as crimes (racism, sexism, profiteering)
The rich are insulated from street crimes
The poor are controlled through incarceration, whereas the middle class is diverted from caring by the upper classes creating a public fear of the lower classes

16. Critical Criminology
Globalization
Criminals are products of society and economic systems
Critical criminologists are wary of globalization and capitalization trends
Criminologists question the altruism of multi-national corporations
The growing global dominance and reach of the free-market capitalist system disproportionately benefits the wealthy and powerful
The increasing vulnerability of indigenous people
The growing influence and impact of international financial institutions (World Bank)
The non-democratic operation of international financial institutions

17. Critical Criminology
Instrumental View
Views criminal law and the criminal justice system as instruments for controlling the poor as have-not members of society
Capitalism serves the interests of the powerful and rich, and enables them to impose their morality on society
Marxists consider it essential of demystify (unmask) law and justice

18. Critical Criminology
The Structural View
Disagrees that law and capitalism are unidirectional
Law is designed to keep the capitalist system operating efficiently
Long prison sentences for insider trading is a warning to capitalists that they must play by the rules

19. Critical Criminology
Research on Critical Criminology
Marxists suggest that traditional research is designed to unmask the weak and powerless
Critical research tends to be historical and analytical, not qualitative and empirical
Research involves both macro- and micro-level issues

20. Critical Criminology
Crime, the Individual, and the State
Crime and its control are a function of capitalism, and the justice system is biased against the working class and favors upper-class interests
Critical analysis of the criminal justice system is designed to identify the hidden processes that control people’s lives
Subject to analysis is the how the power relationships help undermine any benefit the lower class receives from sentencing reforms

21. Critical Criminology
Historical Analysis
How the changes in law correspond to the development of the capitalist society
Another goal is to investigate the development of modern police agencies
Some research has focused on the relationship between convict work and capitalism

22. Critical Criminology
Critique of Critical Criminology
Some argue critical theory rehashes the old tradition of helping the underdog
Some suggest critical theory neglects the capitalist system to regulate itself (antitrust regulations)
Critical thinkers are accused of ignoring problems and conflicts in socialist countries

23. Contemporary Forms of Social Conflict Theory
Left Realism
Work of John Lea and Jock Young suggests the poor are doubly abused by capitalists and by members of their own class
Relative Deprivation equals discontent; discontent plus lack of political solution equals crime
Ian Taylor contends the world is currently in the midst of multiple crisis (job creation, social inequality, social fear, political incompetence and failure, gender conflict, and family and parenting issues)

24. Contemporary Forms of Social Conflict Theory
Crime Protection
Left realists argue crime victims in all classes need and deserve protection
Preemptive deterrence refers to efforts to prevent crime through community organization and youth involvement
Left realism has been criticized for legitimizing the existing power structure

25. Contemporary Forms of Social Conflict Theory
Critical Feminist Theory
Critical feminists view gender inequality as stemming from the unequal power of men and women in a capitalist society
Patriarchal (male dominated) systems devalue the work of women
The exploitation of women produces far more surplus value for capitalists than it does for men

26. Contemporary Forms of Social Conflict Theory
Patriarchy and Crime
Critical feminists link criminal behavior patterns to gender conflict created by economic and social struggles
Double marginality explains why women commit less crime than men
Crime is the vehicle for men to “do gender”

27. Contemporary Forms of Social Conflict Theory
Exploitation and Criminality
Sexual victimization of females is a function of male socialization
Exploitation triggers the onset of female delinquency such as running away to avoid abuse
Some critics charge feminist scholars have ignored the interests of women of color and lesbians

28. Contemporary Forms of Social Conflict Theory
How the Justice System Penalizes Women
Juvenile systems view girls as being sexually precocious
Meda Chesney-Lind suggests female delinquency is viewed as being more serious than male delinquency
Females are often sanctioned more harshly than males for offense related to “inappropriateness”

29. Contemporary Forms of Social Conflict Theory
Power Control Theory
John Hagen argues that crime and delinquency are a function of: 1) class position and 2) family functions
Father assume the role of breadwinners, while mothers have menial jobs and are expected to control the behavior of daughters
Dissatisfied girls seek “role exit behaviors” (running away, or suicide)
In “egalitarian families” both the husband and wife share similar positions of power

30. Contemporary Forms of Social Conflict Theory
Evaluating Power Control Theory
Empirical analysis has been supportive of power control theory
Some critics question its core assumption
Replicated studies have not found that class and power interact to produce delinquency

31. Contemporary Forms of Social Conflict Theory
Postmodern Theory
Semiotics refers to the use of language elements as signs or symbols beyond literal meaning
Deconstructionists analyze communication and language in legal codes to determine whether they contribute to institutionalized racism or sexism
Postmodernists contend value-laden language can promote inequalities

32. Contemporary Forms of Social Conflict Theory
Peacemaking Criminology
Main purpose of criminology is to promote a peaceful society
Draws inspiration from religious and philosophical teachings
Punishment encourages criminality rather than deterring it (Larry Tifft and Dennis Sullivan)
Try to find humanist solutions (mediation and conflict resolution) to crime and other social problems

33. Public Policy Implications of Social Conflict Theory
Reintegrative Shaming
John Braithwaite suggests shaming is a powerful tool of informal social control
Bestowing stigma can have a deterrent effect
To prevent crime society must encourage reintegrative shaming

34. Public Policy Implications of Social Conflict Theory
The Concept of Restorative Justice
Contends that society needs to hold offenders accountable to put right their harms
Crime is an offense against human relationships
Victims and the community are central to justice processes
The first priority is to restore the community
The offender has a personal responsibility to victims and to the community for crimes committed
The offender will develop improved competency and understanding as a result of the restorative experience

35. Public Policy Implications of Social Conflict Theory
The Process of Restoration
The process begins by redefining crime in terms of conflict among the offender, the victim, and affected constituencies
Shared community outrage is communicated to the offender

36. Public Policy Implications of Social Conflict Theory
Developing Restoration
The offender is asked to recognize and accept responsibility of their criminal actions
Commitment to material restitution and symbolic reparation (apology)
Determination of community support an assistance for both the victim and offender
The intended result is to repair injuries suffered by the victim and the community while reintegrating the offender

37. Public Policy Implications of Social Conflict Theory
Restoration Programs
Sentencing circles are a technique used to bring offenders, victims, and other community members together
Community: Implement dialogue to identify problems and develop tactics for elimination
Schools: Restoration for drug/alcohol abuse
Police: Community policing programs
Courts: Diversion programs

38. Public Policy Implications of Social Conflict Theory
The Challenge of Restorative Justice
Advocates warn of the uneven exercise of state power
What is considered “restorative” in one subculture may be considered insulting or damaging in another
Balancing the needs of offenders with those of the victims