Critical Approaches to Law and Crime
Module 9 examines crime from the conflict perspective as proposed within the writings of Karl Marx, who believed that conflict was inevitable in any capitalist society. The six key elements of the conflict perspective are outlined and the concept of social class, a topic central to the conflict perspective, is discussed. Also introduced are the early conflict theorists that include George Vold, who described crime as the result of political conflict between groups, Ralf Dahrendorf, who considered conflict to be a normal part of any society, and Austin Turk, who considered crime a natural consequence of intergroup conflict. The module continues with an examination of modern radical criminology, which suggests that crime causes are rooted in social conditions empowering the wealthy and politically well-organized and disenfranchising those less fortunate. William Chambliss, a modern radical thinker, emphasizes the power gap between the powerful and powerless as helping to create crime. Richard Quinney outlined six Marxist principles for an understanding of crime. He stated that crime is inevitable under capitalist conditions and that the problem of crime can only be solved by the development of a socialized society.
Learning Objectives
After completing this module, you should be able to:
- explain the difference between a consensus and conflict view of society and identify the core themes of critical theories.
- recognize how conflict among different interest groups shapes the content of the law and the operation of the criminal justice system.
- interpret the evidence regarding the relationship between race, class, and criminal justice outcomes.
- describe how radical criminologists explain the law, criminal justice system, and criminal behavior.
- recognize extensions of radical theory, including peacemaking criminology and critical realism.
- describe how gender may shape both criminal justice processing and theories of crime.
- evaluate the crime-control implications of social conflict theories.
Summary
Critical approaches to understanding law and crime are theoretical perspectives that examine the role of power, social inequality, and the impact of societal structures in shaping legal systems, criminal justice policies, and definitions of crime. These perspectives challenge traditional and mainstream views of law and crime, aiming to uncover hidden power dynamics, oppressive practices, and social injustices within the criminal justice system. Critical approaches emphasize the importance of considering broader social, political, and economic contexts in understanding crime and law enforcement.
Critical criminology seeks to understand crime as a product of social inequality and unequal distribution of resources and opportunities. It critiques the role of capitalism, class conflict, and structural factors in generating criminal behavior. This perspective argues that crime can be seen as a form of resistance or rebellion against oppressive social conditions.
Marxist criminology is an approach that builds on Marxist theories and explores how economic factors influence crime. It views crime as a response to the capitalist system, wherein some individuals may resort to criminal behavior due to economic deprivation and exploitation. Marxist criminology highlights how laws and the criminal justice system can protect the interests of the ruling class while criminalizing behavior that threatens the established order.
Feminist criminology focuses on the intersection of gender and crime. It examines how patriarchal structures contribute to the perpetuation of crime and victimization. This perspective also critiques how the criminal justice system may perpetuate gender biases and stereotypes.
Postcolonial criminology examines the impact of colonialism and imperialism on crime and the criminal justice system. It recognizes how colonial legacies and ongoing neocolonial practices can influence crime rates, the treatment of marginalized communities, and the development of punitive policies.
Peacemaking Criminology is an approach seeks to challenge punitive models of justice and focuses on healing, reconciliation, and community-based responses to crime. Peacemaking criminology emphasizes restorative justice practices that involve the offender, victim, and the community in finding resolutions to the harm caused by the crime.
Critical legal studies critique the formalistic and neutral approach to law, highlighting how law reflects and reinforces existing power structures. It questions the objectivity of legal reasoning and how legal norms often serve the interests of dominant groups in society.
Intersectional approaches recognize the interconnected nature of various social identities, such as race, class, gender, and sexuality, and how these intersect to shape experiences of crime and criminal justice. Intersectionality emphasizes the need to consider multiple dimensions of social inequality in understanding law and crime.
Critical approaches challenge the dominant narratives and question the status quo in understanding law and crime. They call for more inclusive, equitable, and transformative approaches to address the root causes of crime, reduce social inequality, and promote a more just and fair criminal justice system. By examining the social and political context of law and crime, critical perspectives contribute to broader conversations about social change and the pursuit of justice for marginalized and vulnerable populations.
Key Takeaways
Critical approaches emphasize the importance of power and social inequality through the examination of the impact of influence of societal structures, power dynamics, and inequalities in shaping legal systems and criminal justice policies.
The critical criminology focus views crime because of social inequalities and the unequal distribution of resources and opportunities.
Building on Marxist theory, this perspective examines the relationship between economic factors and crime, arguing that criminal behavior can stem from economic deprivation and exploitation within a capitalist system.
The feminist criminological perspective focuses on the intersection of gender with crime, exploring how patriarchal structures foster crime and victimization, and critiquing gender biases and stereotypes within the criminal justice system.
Postcolonial criminology examines the impacts of colonialism and imperialism on crime rates, the treatment of marginalized communities, and the formulation of punitive policies, acknowledging the influence of colonial legacies and neocolonial practices.
Peacemaking criminology advocates for non-punitive responses to crime, peacemaking criminology emphasizes healing, reconciliation, and community-based approaches, promoting restorative justice practices that involve offenders, victims, and communities.
Critical legal studies critique the formalistic and purportedly neutral stance of law, highlighting how legal systems reflect and reinforce existing power structures and often serve the interests of dominant societal groups.
Intersectional approaches recognize the interconnectedness of social identities (e.g., race, class, gender, sexuality).
Critical approaches collectively challenge dominant narratives and the status quo, advocating for more inclusive, equitable, and transformative strategies to address the root causes of crime, reduce social inequality, and foster a just and fair criminal justice system.
Key Terms/Concepts
Conflict Perspective
Consensus Perspective
Convict Criminology
Critical Criminology
Feminist Criminology
Jock Young
Left-Realist Criminology
Marxist Thought
Michel Foucault
Peacemaking Criminology
Pluralist Perspective
Post Modern Criminology
Radical Criminology
Simmelian Thought
Stuart Hall
Weberian Thought
Modern Application
A relevant and modern application of criminology’s critical theory perspective can be seen when examining the criminal justice system itself and its interactions with marginalized communities. Critical criminology focuses on understanding how power dynamics, inequality, and social structures contribute to crime and the administration of justice.
In today’s context, this perspective can be applied to analyze issues such as:
- Mass Incarceration – Critical criminologists may examine how mass incarceration disproportionately affects marginalized communities, particularly people of color and those from low-income backgrounds. They would critique the structural factors—such as racial bias in policing and sentencing—that contribute to this disparity.
- Policing Practices – Critical criminologists might analyze police practices such as stop-and-frisk or the use of force, questioning how these tactics target certain communities and perpetuate social inequalities. They would explore the role of power dynamics and institutional racism within law enforcement agencies.
- War on Drugs – Critical criminologists often critique the War on Drugs as a policy that disproportionately targets minority communities while failing to address underlying social and economic factors contributing to drug abuse and crime.
- Racial Profiling – Examining how racial profiling operates within the criminal justice system, leading to unjust treatment of individuals based on their race or ethnicity. Critical criminologists would analyze the systemic biases that lead to profiling practices and advocate for reforms to address these issues.
- Restorative Justice – Some critical criminologists advocate for restorative justice approaches that focus on repairing harm and addressing the root causes of crime, rather than punitive measures that perpetuate cycles of incarceration and marginalization.
Overall, the critical theory perspective in criminology continues to be relevant in highlighting and challenging the structural injustices within the criminal justice system and advocating for reforms that promote equity and social justice.
Read, Review, Watch and Listen
1. Read Chapter 24: Critical Criminology by David O. Friedrichs, University of Scranton
- Print a copy or have access to this reading via a digital device for in class review and discussion.
- To support the student’s reading of the article, they can listen to a recorded version of the same. Note that listening to the article is not a substitute for a careful and directed reading of the document.
2. Review U.S. Poverty Census Bureau information on poverty (July, 2023)
a. From a critical theory perspective, poverty is not simply an individual failing or a natural outcome of economic processes, but rather a social and systemic issue deeply embedded in the structures of society. Critical theory seeks to understand and challenge the power dynamics, inequalities, and oppressive structures that perpetuate poverty and social injustice.
b. Critical theory provides a lens through which poverty can be understood as a product of social, economic, and political structures. It calls for transformative action to challenge and dismantle these structures, with the goal of creating a more just and equitable society where poverty is no longer a pervasive and entrenched issue.
3. Review The Fortune Society website and watch the embedded presentation (also accessible via YouTube) Both Sides of the Bars – Words Matter: The Importance of Humanizing Language (MNN NYC, February 1, 2017)
a. Convict criminology is an emerging perspective within the field of criminology that emphasizes the lived experiences and perspectives of individuals who have been convicted of crimes. It challenges traditional criminological theories and perspectives that often neglect or marginalize the voices of those who have been directly affected by the criminal justice system.
b. The origins of convict criminology can be traced back to the United States in the late 1990s when a group of formerly incarcerated individuals and academic scholars started to advocate for a more inclusive and humanistic approach to understanding crime and punishment. The movement aims to address the social, economic, and political factors that contribute to crime by drawing on the personal experiences and insights of those who have been incarcerated.
4. Watch Social Class & Poverty in the US: Crash Course Sociology #24 (Crash Course, September 11, 2017)
5. Watch Why is there Social Stratification?: Crash Course Sociology #22 (Crash Course, (August 14, 2017)
a. In their 1971 book Law, Order, and Power, Chambliss and Seidman argue that economic stratification require dominant groups to enforce norms through coercion.
b. According to the authors, life conditions affect values and norms; complex societies are comprised of groups with divergent life conditions and conflicting values; and political and economic power determines whose values are embodied in the law.
6. Watch Restorative Practices to Resolve Conflict/Build Relationships: Katy Hutchison at TEDxWestVancouverED (TEDx Talks, June 10, 2013) – also embedded below.
a. Peacemaking criminology emphasizes crime control through the adoption of a peace model based on cooperation rather than retribution.
b. The peace model of crime control focuses on effective ways for developing a shared consensus on critical issues such as crime.
c. Alternative dispute resolution programs such as mediation are characterized by cooperative efforts to resolve disputes rather than by adversarial proceedings.
d. Dispute resolution is based on the participatory justice principle in which all parties accept a form of binding arbitration by neutral parties.
e. Restorative justice is a modern social movement to reform the criminal justice system and stresses healing over retribution.
f. The primary goal of restorative justice is restoration.
7. Listen to Forms Editor’s Pick, New Year, New Glass Heights: Women Now Comprise 10% Of Top U.S. Corporation CEOs (January 27, 2023).
To access the PPT file, click HERE. Note that files are updated regularly and as such might change in content and appearance.
Read, Review, Watch and Listen to all listed materials by the due date listed within the course LMS (i.e., Blackboard) site.
Contact the professor with any course-related questions
Click HERE to report any needed updates, e.g., broken links.
Activity – Public Order Crime – From Killer Weed to Kind Bud – The Power Dynamics, Inequality, and Social Structures of Marijuana Law and Enforcement
STOP!!!
Students should review the course syllabus to determine the assignment of this activity.
This is a copy of the module’s activity that students find within Blackboard. For that reason, refer to the Activities page to submit your work for review.
Purpose
The purpose of this week’s Topic Forum is to consider law as a social construction of those in positions of power and influence. Students will consider how laws have the ability to criminal perceptually deviant and harmful behaviors committed by distinct segments of society.
Instructions
- Review the Marijuana Policy Project’s ‘Decriminalization‘ page.
- Review the National Institute of Health’s (NIH), National Institute on Drug Abuse (NIDA) overview of cannabis, pay particular attention to the medical information related to the physiological effects on the human body.
- Watch Will recreational marijuana soon be legal nationwide?
- Watch Voting to Legalize Marijuana news story (MSNC, Oct. 2018).
- Watch Marijuana laws could change as DÉJÀ considers reclassification (Scripps News, Sep. 2023).
Answer the following questions:
- How might a conflict theorist explain the reluctance of the federal Drug Enforcement Agency (DEA) to change laws related to marijuana? Be specific.
- How might law makers, law enforcement officials, and the medical community describe any potential social harm that might occur if the United States continues to move towards legalizing/decriminalizing marijuana?
- Describe how critical criminology might improve our understanding of existing and changing drug policy in the United States?
Key Terms/Concepts
Extralegal factors – Factors such as race, class, and gender, that might have a substantial impact on the criminal justice system’s decision making regardless of legal factors such as offense seriousness and prior record.
Conflict model – Supports the notion that law is the result of a battle between people or groups that have different levels of power.
Conflict theory – A pluralistic perspective that arose in the 1970s and focused on one central conflict; that is, the battle between the very wealthy and the rest of the population.
War on Drugs – Critical criminologists often critique the War on Drugs as a policy that disproportionately targets minority communities while failing to address underlying social and economic factors contributing to drug abuse and crime.
Discussion Questions
- How do critical approaches to understanding law and crime differ from traditional views, and what implications does this have for policymaking within the criminal justice system?
- Discuss the significance of considering broader social, political, and economic contexts in the analysis of crime and law enforcement as proposed by critical criminology. How can this perspective help in addressing the root causes of criminal behavior?
- Marxist criminology views crime as a response to the capitalist system and economic deprivation. What are the potential strengths and limitations of applying Marxist theories to understand and address crime?
- Feminist criminology highlights the impact of patriarchal structures on crime and victimization. In what ways can integrating gender perspectives into criminology lead to a more comprehensive understanding of crime and its solutions?
- Peacemaking criminology advocates for restorative justice practices over punitive models. Discuss the potential benefits and challenges of implementing restorative justice practices within the current criminal justice system.
Supplemental Resources
- Still missing: Female business leaders (CNN Business, March 2015)
- National Center for Education Statistics (NCES) – Fast Facts (last accessed October 2023)
- The Rich Get Richer and the Poor Get Prison: Ideology, Class, and Criminal Justice (11th Edition, 2016) – By Jeffrey Reiman and Paul Leighton. A widely read critical criminology text, it critiques the U.S. criminal justice system, emphasizing class disparities.
- The New Jim Crow: Mass Incarceration in the Age of Colorblindness (2010) – By Michelle Alexander. A seminal text in critical criminology, this book discusses the racial impacts of mass incarceration in the U.S. criminal justice system.
- The International Journal for Crime, Justice, and Social Democracy. This open-access journal offers a critical perspective on criminological research, with a focus on social justice issues across the globe.
- Waiting for “Superman”
- From the Academy Award-winning Director of An Inconvenient Truth comes the groundbreaking feature film that provides an engaging and inspiring look at public education in the United States. Waiting For “Superman” has helped launch a movement to achieve a real and lasting change through the compelling stories of five unforgettable students such as Emily, a Silicon Valley eighth-grader who is afraid of being labeled as unfit for college and Francisco, a Bronx first-grader whose mom will do anything to give him a shot at a better life. Waiting For “Superman” will leave a lasting and powerful impression that you will want to share with your friends and family.
References
- Friedrichs, D. O. (2009). Critical Criminology. In J. M. Miller (Ed.), 21st Century Reference Series. 21st Century Criminology: A Reference Handbook (Vol. 1, pp. 210-218). SAGE Reference. https://link.gale.com/apps/doc/CX3201600035/GVRL?u=cod_lrc&sid=bookmark-GVRL&xid=dc46c40d
A theoretical framework in criminology that views crime and the criminal justice system as products of social conflicts and power struggles within society. It emerged as a response to the limitations of other criminological theories, such as the consensus or functionalist perspectives, which tended to focus on social cohesion and stability. The conflict perspective, instead, emphasizes the role of inequality, social divisions, and power differentials in shaping crime, law enforcement, and criminal justice policies.
A theoretical framework in criminology that focuses on the idea of social cohesion and shared values within a society. It emphasizes the existence of a consensus among members of society regarding what is considered morally right and wrong, and how these shared values are reflected in the creation and enforcement of laws. This perspective assumes that most individuals in society agree on what constitutes criminal behavior, and the criminal justice system serves to maintain social order and protect common values.
An emerging field within the broader discipline of criminology that focuses on the experiences and perspectives of formerly incarcerated individuals, commonly referred to as ex-convicts or ex-offenders. Unlike traditional criminology, which often analyzes crime and criminal behavior from an outsider's perspective, convict criminology seeks to integrate the insights and voices of those who have been directly impacted by the criminal justice system.
A theoretical approach within the field of criminology that seeks to examine and challenge the social, economic, and political structures that contribute to crime, deviance, and the functioning of the criminal justice system. It emerged in the late 1960s as a response to traditional criminological perspectives that often overlooked or downplayed the underlying causes of crime and the role of power dynamics in shaping criminal behavior and social responses to it.
A branch of criminology that examines crime, criminal behavior, and the criminal justice system through a gendered lens, with a particular focus on the experiences and perspectives of women. It emerged in the 1970s as part of the larger feminist movement, aiming to address the historical neglect of gender issues in traditional criminology and to challenge the male-centric assumptions and biases in the study of crime.
A pioneer in critical criminology, particularly with his work on left realism and the causes of crime.
A criminological perspective that emerged in the 1980s as a response to criticisms of both conservative and liberal approaches to crime and crime control. Left-Realists seek to address the issue of crime in a more practical and policy-oriented manner, combining a concern for social justice with a focus on the real experiences of crime and victimization in local communities.
The body of social, political, and economic ideas developed by Karl Marx (1818–1883) and his collaborator Friedrich Engels, which critique capitalism and propose an alternative socialist and eventually communist society. Marxism is rooted in a materialist understanding of history and focuses on class struggle as the engine of social change. It emphasizes the dynamics of economic systems, the nature of social power, and the possibility of revolutionary transformation.
Known for his ideas about power, social control, and punishment, Foucault’s theories are central to critical criminological thought.
A theoretical perspective within the field of criminology that seeks to promote peace, social justice, and non-violent conflict resolution as alternatives to punitive and retributive approaches to crime and justice. It emerged as a response to traditional criminological theories and criminal justice practices that often prioritize punishment and retribution over rehabilitation and healing.
A theoretical approach in criminology that acknowledges the existence of multiple competing interests, values, and power structures within society. This perspective recognizes that different groups and individuals have diverse viewpoints and may vie for influence and control over the creation and enforcement of laws and the criminal justice system.
A theoretical approach within the field of criminology that emerged in the late 20th century and is influenced by postmodern philosophy. This perspective challenges the assumptions and methods of traditional criminology and questions the notion of a universal and objective truth. Instead, postmodern criminologists emphasize the subjectivity of knowledge and the complexities of crime, deviance, and the criminal justice system.
A theoretical approach within the field of criminology that seeks to address crime and social deviance from a structural and critical perspective. It focuses on the underlying social, economic, and political conditions that contribute to crime, rather than solely focusing on individual motivations and actions. Radical criminology emerged in the 1960s and 1970s as a response to the limitations of traditional criminological theories, particularly those that ignored the role of power dynamics and social inequalities in shaping criminal behavior and the criminal justice system.
The social and philosophical ideas developed by the German sociologist and philosopher Georg Simmel (1858–1918). His work explores the nature of society, social interactions, culture, and the relationships between individuals and social structures. Simmel is considered one of the founding figures of sociology, but his approach is distinct from that of his contemporaries, such as Max Weber or Émile Durkheim, due to his focus on the dynamic, fluid nature of social life.
A key figure in cultural studies and critical criminology, Hall's work on media, crime, and race is influential.
Refers to the sociological and philosophical ideas of the German sociologist Max Weber (1864–1920). Weber’s work addresses the nature of society, the process of rationalization, and the role of religion, authority, and economics in shaping social structures.
