SECTION II – THEORIES OF CRIME AND DEVIANCE
Critical Approaches to Law and Crime
Module 9 provides a clear and well-organized overview of crime through conflict and critical theory perspectives, tracing their roots from Karl Marx to contemporary radical, feminist, postcolonial, and peacemaking approaches. The content effectively shows how power, inequality, and social structures influence both the law and criminal behavior, highlighting that crime cannot be fully understood outside the social and economic systems that maintain inequality.
The module strikes a strong balance between theoretical grounding and contemporary application. By connecting early theorists like Marx, Vold, Dahrendorf, and Turk with modern voices such as Chambliss and Quinney, it clearly shows the continuity between classical and radical thought. The discussion of critical extensions, including feminist, peacemaking, and intersectional criminologies, expands students’ understanding of how criminological theory develops to address systemic injustices.
Learning Objectives
After completing this module, you should be able to:
- explain the differences between the consensus and conflict perspectives of society and identify the main themes of critical theory.
- describe how conflicts between interest groups influence law and how the criminal justice system functions.
- analyze the evidence about how race, class, and criminal justice outcomes are connected.
- explain how radical criminologists interpret the law, the criminal justice system, and criminal behavior.
- recognize extensions of radical theory, such as peacemaking criminology and critical realism.
- describe how gender might influence both criminal justice procedures and crime theories.
- assess the crime-control implications of social conflict theories.
Summary
Karl Marx’s claim that conflict is unavoidable in capitalist societies. Building on this, the module examines how economic inequality, power, and social structure influence both the definition of crime and how the criminal justice system operates. Early conflict theorists such as George Vold, Ralf Dahrendorf, and Austin Turk saw crime as a result of group struggles and political inequality, while modern radical thinkers like William Chambliss and Richard Quinney extended these ideas to argue that law and justice primarily benefit those with economic and political power.
Critical approaches to understanding law and crime explore how power, inequality, and social context influence legal systems, criminal justice policies, and societal ideas of deviance. These perspectives challenge traditional, consensus-based views of justice by uncovering hidden power structures, systemic bias, and structural inequality. Critical criminology sees crime not just as isolated acts but as outcomes of unequal access to resources, opportunities, and social inclusion. It also argues that crime can serve as a form of resistance against oppressive social conditions.
Within this framework, Marxist criminology stresses how economic systems influence behavior and how law often protects the interests of the ruling class. Feminist criminology highlights the intersection of gender and power, showing how patriarchal systems shape both offending and victimization. Postcolonial criminology expands this critique to global contexts, examining how colonial legacies and racial hierarchies continue to impact patterns of control and punishment. Peacemaking criminology advocates for cooperative, community-based justice approaches focused on reconciliation and healing rather than punishment. Similarly, critical legal studies question the objectivity of legal reasoning and argue that the law reflects and maintains dominant power structures. Intersectional perspectives further reveal how class, race, gender, and sexuality interact to influence experiences within the justice system.
The assigned materials for this module reinforce these theoretical ideas. In Chapter 24: Critical Criminology by David O. Friedrichs, students receive an overview of the development of critical criminology both historically and in modern times. Reviewing U.S. Census Bureau data on poverty (2023) connects theory to real-world evidence, demonstrating how structural inequality maintains cycles of disadvantage. The video presentation “Both Sides of the Bars – Words Matter” (The Fortune Society, 2017) introduces convict criminology, emphasizing the voices and experiences of formerly incarcerated individuals. Two Crash Course Sociology videos, “Social Class and Poverty in the U.S.” and “Why Is There Social Stratification?”, show how class divisions influence law and justice, echoing Chambliss and Seidman’s view that those with power enforce their norms through coercion. Katy Hutchison’s TEDx talk, “Restorative Practices to Resolve Conflict and Build Relationships,” demonstrates peacemaking criminology principles through real-life examples of reconciliation and restorative justice. Meanwhile, Jeffrey Ian Ross’s interview on convict criminology highlights collaboration between scholars and those directly affected by incarceration.
Together, these materials demonstrate how critical criminology combines various perspectives, including Marxist, feminist, postcolonial, intersectional, and peacemaking approaches, to challenge dominant narratives and promote systemic change. By placing crime within its social, political, and economic contexts, this module encourages students to question traditional views of justice and to explore more inclusive, equitable, and transformative ways to address the root causes of crime.
| Theory / Perspective | Key Scholars | Assigned Resources | Policy Connections |
| Conflict Perspective | Karl Marx, George Vold, Ralf Dahrendorf, Austin Turk | Read: Chapter 24 Critical Criminology by David O. Friedrichs (University of Scranton) | Power struggles between social groups shape crime and law. Policies favor dominant economic and political interests. Reform requires recognizing how law maintains inequality. |
| Marxist / Radical Criminology | William Chambliss, Richard Quinney | Review: U.S. Census Bureau Poverty Data (2023) | Economic inequality drives crime and influences legal definitions. Policies that address social inequality and poverty can reduce structural causes of crime. |
| Critical Criminology | David O. Friedrichs, Richard Quinney | Watch: Crash Course Sociology #22 Why Is There Social Stratification? and #24 Social Class & Poverty in the U.S. | Calls for analyzing crime within its social, political, and economic context. Emphasizes justice reforms that reduce structural disadvantages and promote equity. |
| Convict Criminology | Jeffrey Ian Ross, Stephen Richards | Review: The Fortune Society video Both Sides of the Bars – Words Matter; Listen: Social Science Bites interview with Jeffrey Ian Ross | Advocates for the inclusion of incarcerated individuals’ lived experiences in criminological research and policy reform. Promotes humanizing language and reintegration. |
| Feminist Criminology | Meda Chesney-Lind, Kathleen Daly | Included within Chapter 24 reading | Highlights gender inequality within the justice system and calls for policies addressing gender victimization, workplace discrimination, and gender-responsive justice. |
| Postcolonial Criminology | Biko Agozino, Nadera Shalhoub-Kevorkian | Included within Chapter 24 reading | Examines how colonial and racial legacies shape global patterns of control. Supports policies that decolonize justice systems and address racial disparities. |
| Peacemaking Criminology | Harold Pepinsky, Richard Quinney | Watch: TEDx Talk by Katy Hutchison Restorative Practices to Resolve Conflict and Build Relationships | Promotes restorative and community-based justice focused on reconciliation, healing, and cooperation rather than punishment. |
| Intersectional and Critical Legal Studies | Kimberlé Crenshaw, Patricia Hill Collins | Embedded throughout readings and videos | Encourages recognition of how race, class, gender, and sexuality intersect in shaping legal outcomes. Supports inclusive policy reforms that address overlapping inequalities. |
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
Class Conflict
Conflict Perspective
Consensus Perspective
Convict Criminology
Critical Criminology
Critical Legal Studies
Feminist Criminology
Hegemony
Instrumental Marxism
Jock Young
Left-Realist Criminology
Marxist Thought
Michel Foucault
Neocolonialism
Patriarchy
Peacemaking Criminology
Pluralist Perspective
Post Modern Criminology
Radical Criminology
Reintegrative Shaming
Richard Quinney
Simmelian Thought
Stuart Hall
Weberian Thought
Download HERE
Modern Application
A relevant and contemporary example of criminology’s critical theory perspective is when analyzing the criminal justice system and its dealings with marginalized communities. Critical criminology emphasizes understanding how power relationships, inequality, and social structures influence crime and justice processes.
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 analyze the systemic biases that underpin profiling practices and advocate for reforms to address them.
- 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 remains relevant for highlighting and challenging structural injustices within the criminal justice system and advocating for reforms that promote equity and social justice.
Read, Review, Watch and Listen
This module’s materials explore how power, inequality, and social structure influence crime and justice through conflict and critical theory. The assigned readings and media expand on Karl Marx’s core ideas and extend them to modern discussions of class, race, gender, and social justice. Students will analyze how early conflict theorists, radical and Marxist criminologists, and contemporary scholars explain the links between inequality, crime, and the law. The selected readings, data sources, films, and podcasts also present related perspectives, including feminist criminology, convict criminology, postcolonial and peacemaking approaches, and restorative justice. Collectively, these resources encourage students to think critically about how systems of power shape legal definitions, enforcement practices, and reform opportunities.
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 students’ 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. Review United Nations Office on Drugs and Crime (UNODC) Global Report on Inequality and Crime (2022)
a. This global report offers an international context for how economic and political inequality influences crime and justice outcomes across nations.
5. Review Prison Policy Initiative: Mass Incarceration-The Whole Pie 2024 – Prison Policy Initiative
a. This visual report provides updated statistics on incarceration in the United States, illustrating disparities by race, gender, and class that align with critical criminological arguments.
6. Watch Both Sides of the Bars – Words Matter: The Importance of Humanizing Language (The Fortune Society, MNN NYC, February 1, 2017)
a. Introduces the concept of convict criminology and the importance of humanizing language in justice discourse.
b. Highlights how individuals with lived experience challenge stereotypes and promote reform within the justice system.
7. Watch Social Class & Poverty in the US: Crash Course Sociology #24 (Crash Course, September 11, 2017)
8. 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.
9. 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.
10. Listen to Code Switch: Mass Incarceration and the Color Line (NPR, 2023)
a. Explores how systemic racism and social class intersect to shape incarceration trends and justice outcomes.
11. Listen to Jeffrey Ian Ross on Convict Criminology By Social Science Bites
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 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 activity is to consider law as a social construction of those in positions of power and influence. Students will consider how laws can criminalize 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, paying 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 DEA considers reclassification (Scripps News, Sep. 2023).
Answer the following questions:
- How might a conflict theorist explain the federal government’s reluctance to change marijuana laws? Be specific.
- How might lawmakers, law enforcement officials, and the medical community describe any potential social harm that could occur if the United States continues moving toward legalizing or decriminalizing marijuana?
- Describe how critical criminology could enhance our understanding of current and evolving drug policies 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.
- Forbes Editor’s Pick, New Year, New Glass Heights: Women Now Comprise 10% Of Top U.S. Corporation CEOs (January 27, 2023).
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
The struggle between social classes over access to resources, power, and influence. In criminology, it refers to how class divisions shape the creation and enforcement of laws.
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 movement that challenges the idea that law is neutral or objective, arguing that legal systems reinforce existing power structures and privilege certain groups.
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 concept developed by Antonio Gramsci referring to the dominance of one group over others through cultural, ideological, and institutional control rather than direct force.
A view that the state and law directly serve the interests of the ruling class and are used as tools of economic and political control.
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.
The continued economic and political dominance of powerful nations over weaker regions, often through global markets or international institutions, rather than direct colonization.
A social system characterized by male dominance and privilege, which feminist criminologists argue shapes opportunities and social participation in ways that disadvantage women.
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.
A concept developed by Australian criminologists John Braithwaite as part of their theory of restorative justice. Reintegrative shaming is a form of social control that aims to address and reduce criminal behavior by using shame in a way that promotes the reintegration of offenders back into society.
A radical criminologist who developed Marxist perspectives on crime and law, emphasizing how capitalism and inequality shape justice.
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.
