Review of Critical Theory or “Social Reaction” Theory Labeling Theory (Early 1960s) Conflict/Radical Theory (Late 1960s) Feminist Theory (mid 1970s) Labeling Theory • Defining “deviance” (the content of law) – Evidence mostly for “fringe crimes” (vagrancy, drugs) – But—WCC vs. “Street Crime” • Application of labels (sanctions) – Who gets sanctioned? – Research on “extra-legal factors” • The effects of labels/sanctions – Effect of “arrest” Revisions of Labeling Theory • Move towards focus on “informal” labeling – Parents, friends, teachers • “Pygmalion effect” (Replication troublesome) • Focus less on “self” and more on blocked opportunities and bonds – Evidence for this, but is this “labeling”??? • How we officially sanction may be key – John Braithewaite • Crime, Shame, and Reintegration The effect of sanctions • Deterrence: reduce crime • Labeling: amplify crime • Evidence? Arrest, sanctions seem to have little effect at all • Braithewaite: Maybe it depends on how you sanction Restorative Justice • Roots: – Left Realism, or “Peacemaking” criminology – Braithewaite’s notion of “reintegraive” shaming • Policy – Punishment ineffective, must repair harm – Community responsibility – Victim-Offender mediation, sentencing circles… Radical (Marxist) Theory • The law reflects interests of those in power – Some historical support (Opium, Vagrancy), but what about murder, assault…? – Best evidence = WCC vs. street crime – Structural Marxism: Instrumental as too rigid, some laws do benefit the poor… • Application of the law will benefit those in power – Research on “extralegal factors” Softer forms of Radical Theory • Bonger: – Capitalist societies exhibit “egoism” – Pre-capitalist as “altruistic” • Colvin and Pauly – How workers are controlled dictates how they control their children • Harsh/inconsistent/coporal = working class Gender and Crime • Feminist movement of the 1970s – Helped spur “victims’ rights” movement – Helped change/create specific laws & punihsments • Domestic violence • Rape (marital and date) Gender and the CJS • Chivalry hypothesis vs. Evil woman hypothesis – Gender weak, if any effects on processing • Tentative evidence – Serious crimes women treated more lenient – Minor crimes women treated more harshly • Especially girls, running away truancy… The Generalizability Problem • Patriarchal Society – Most theorists males, most theories focus on male behavior from male perspective • So, can mainstream (male) theory adequately account for female crime? The “Gender Ratio” problem • Males dominate criminal offending – UCR, self report, victimization studies agree • Why? – Use traditional theory • Females have less of the “stuff” causing crime – Other reasons?