11a - Conflict Theory _11-11-2024_.pdf

Conflict Theory Chapter 10 DEPARTMENT OF CRIMINAL JUSTICE & CRIMINOLOGY  Conflict Theory  Society is divided into groups with competing ideas & values  Group(s) with ↑power make laws & control society  Members of ↓powerful group may still act in accordance with their o...

Conflict Theory Chapter 10 DEPARTMENT OF CRIMINAL JUSTICE & CRIMINOLOGY  Conflict Theory  Society is divided into groups with competing ideas & values  Group(s) with ↑power make laws & control society  Members of ↓powerful group may still act in accordance with their own internal group norms, but…  If group norms differ from ↑powerful group norms & laws, then…  They are violating the “law” & will be punished  Group & culture conflict an explanation of:  Law & criminal justice as well as  Criminal behavior LOYOLA UNIVERSITY CHICAGO  Conflict Theory  Social Control  Normative system with rules about ways people should/ should not behave  System of mechanisms, both formal & informal, to control deviation from & promote conformity to rules  Informal social control  Rules & regulations promoted & administered by family, peers, & other groups  Socialization  Process of teaching & learning values, norms, & customs through example  Application of positive & negative social sanctions  Formal social control  Law – rules & regulations promulgated & enforced by ‘the state’  External application of formal negative actions (i.e., punishment) by police & the CJS LOYOLA UNIVERSITY CHICAGO  Consensus Theories  Law develops out of widespread normative consensus in society  Law reflects the common interests of society as a whole  Consensus Theory (Durkheim, 1893; Sumner, 1906; Weber, 1921)  Formal system of laws & enforcement  Result of, & reflection of, general agreement in society  Influenced by views on right & wrong – reflected in folkways & mores  Incorporate norms with greatest consensus  Functionalist Theory LOYOLA UNIVERSITY CHICAGO  Consensus Theories  Law develops out of widespread normative consensus in society  Law reflects the common interests of society as a whole  Consensus Theory (Durkheim, 1893; Sumner, 1906; Weber, 1921)  Formal system of laws & enforcement  Result & reflec on of general societal agreement (i.e., ↑ consensus norms)  Influenced by views on right & wrong – reflected in folkways & mores  Functionalist Theory (Trevino, 1996)  Variant of consensus theory  Law functions for “greater public welfare” by:  1. Orderly resolution of disputes  2. Regulation of disruptive behavior  3. Controlling crime through its symbolic function  Official condemnation of behavior, whether or not it deters it LOYOLA UNIVERSITY CHICAGO  Conflict Theory  Process of law making, breaking, & enforcement is a direct reflection of deep-seated & fundamental conflict between groups for power & control (Vold, 1958; Quinney, 1970)  Dominant group(s)  Segment of society with power (i.e., political, social, & monetary capital) to shape public policy, law, enforcement, & administration of justice  Criminal definitions (or laws)  Act(s) that conflict with the interests of &/or violate the norms & values of the dominant group(s) in society LOYOLA UNIVERSITY CHICAGO  Conflict Theory  Process of law making, breaking, & enforcement is a direct reflection of deep-seated & fundamental conflict between groups for power & control (Vold, 1958; Quinney, 1970) (cont.)  Dominant group(s) – those with power/ capital to shape law & policy  Crime – act(s) that conflict with interests of powerful dominant group(s)  Application of laws  Criminal definitions are applied by the dominant group(s) in society  Social factors effect who is apprehended, processed, & punished  Social characteristics (i.e., sex, race/ ethnicity, age, & social class)  Social position (e.g., education, occupation, & political/ social connectedness &/or influence) LOYOLA UNIVERSITY CHICAGO  Conflict Theory  “Crime” & “criminals” are a political construct that reflect/ are dictated by those in power LOYOLA UNIVERSITY CHICAGO  Conflict Theory  ↑Influence (i.e., political, social, & economic) of special interests & lobbyists on:  Legislation & administrative regulation  335 million Americans vs. …  American Association of Retired Persons (AARP): 38 million members  Court decisions  Citizens United v. Federal Election Commission (2010) LOYOLA UNIVERSITY CHICAGO  Conflict Theory  ↑Influence (i.e., political, social, & economic) of special interests & lobbyists on: (cont.)  Public opinion on crime & criminal justice  39 million Californians vs. …  California Correctional Peace Officers Association: 31,000 members  335 million Americans vs. …  National Rifle Association (NRA): 3–5 million members LOYOLA UNIVERSITY CHICAGO