Conflict Criminology
Two social paradigms
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Consensus – general consensus on values
– Role of State to mediate conflicts
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Conflict – disagreement on values
– State represents interests of the elite
– Elite define what is appropriate behavior to further their selfinterests
– Powerless are more likely to be defined as criminals
Early Conflict Theories
Cultural conflict – Sellin
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Conduct norms
– How people are supposed to act under certain
circumstances
– Norms become laws
In simple, homogenous societies laws reflect social consensus
In complex, heterogeneous societies there may be
disagreement
– Border regions
– Colonization
Group conflict – Vold
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People form groups with others of like interest
Groups continuously try to improve their standing
– Achieve a kind of stasis known as “social order”
Groups may come into conflict when their interests and purposes
intersect
– Try to use the C.J. system to promote their standing
When groups are in conflict, member loyalty to their group increases
Lawmaking, lawbreaking and law enforcement
– Competition between groups for control of the State’s police power
– Crime is defined as the behavior of “minority power groups” that
don’t have enough influence to defend their interests
Explanation does NOT extend to “impulsive, irrational acts” that aren’t
related to any battle between power groups
Conflict Theories
in a Time of Conflict
Civil rights, terrorism,
Vietnam and Gulf wars,
economic meltdowns,
political polarization
Criminalization - Turk
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Authorities try to maintain a “consensus-coercion” balance
– Try to keep power relationships from shifting too much either way
Variables affecting likelihood of conflict
– Cultural or social norms of authorities and subjects differ
– Subjects have a language/philosophy to defend their behavior
– Level of organization and sophistication of authorities/subjects:
 Conflict more likely when subjects are organized (individuals
less likely to back down)
 Conflict more likely when either group is less sophisticated
(less able to subtly work around the conflict)
Factors affecting criminalization of behavior
– Offensiveness of prohibited act to the authorities
– Relative power of enforcers and resisters
– Likelihood that an action by either party may lead to success
“Social reality of crime”- Quinney
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Social “segments” have common values, norms and ideology
– Business, labor, women, poor people, old people, etc.
Some segments are organized, others not (e.g., AARP)
Crime is conduct that conflicts with the interests of influential
segments
– Segments vary in their ability to protect their interests
– Behavior of persons in less influential segments more likely
to be labeled “criminal”
Segments promote their conceptions of what should be criminal
through the media
– Those promoted by powerful individuals and groups tend to
be accepted
– Concepts often reflect self-interest rather than public interest
Analysis of the CJ System –
Chambliss and Seidman
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Power of the state, as embodied in the CJ system...
– Is it a value-neutral framework where conflicts can be
peacefully resolved?
– Is it itself the prize in the perpetual conflict that is society?
Lawmaking characterized by warring interest groups
– The higher a group’s economic and political position, the
more likely its views will be reflected in the law
Legislative process allows interest groups to override the public
interest
– Appellate decisions reflect personal values, normally favor
the wealthy
Law enforcement depends on the political process for resources
– Maximizes its rewards, minimizes strains by processing the
politically weak and powerless
Black -- behavior of law
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Stratification - vertical social distance, best measured by income
– Higher a person is on this ladder the more they can invoke law and
exercise its power over others
Morphology - horizontal aspect of social life
– On either extreme - intimates and those isolated from each other law is inactive
– Law most active in the middle sphere of social distance
Culture - law is imposed on those with less education
– More law used when victim is higher culture (e.g., education) than
offender
Organization - corporate or organized aspect of life
– More law available for use by the more organized
Social control - all responses to deviancy from the norms
– More law used when other forms of social control are weak
Unified conflict theory of crime
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In complex societies people’s values and interests will conflict
People act in patterns that they think benefit them and which
they think are right or excusable
Group values and power affect:
– What acts become defined as crimes
– Extent to which group members will become violators
CJ agencies more likely to listen to the powerful
CJ agencies more likely to process easier cases, thus more
likely to sanction the powerless
Official crime rates for groups and individuals will reflect the
above
Are criminal justice decisions
biased against the powerless?
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Minority members more frequently arrested, and for more serious crimes. Is it
bias?
– Minority areas have more street crime
 Greater need and demand for police services
 Greater likelihood of arresting members of minority groups
– Minority areas have fewer non-police resources to tackle social problems
 Poor education, social services, employment opportunities
Minority members receive harsher sanctions. Is it bias?
– Controlling for factors such as seriousness of offense or prior record often
eliminates the difference
 Highly sanctioned crimes (e.g., murder) happen more frequently in
minority areas
 Crack / powder cocaine issue
– Less affluent are less able to mount an effective defense
 Wealthier persons can retain better counsel, post bail