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Full download Criminology Theories Patterns and Typologies 11th Edition Siegel Solutions Manual all chapter 2024 pdf
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CHAPTER EIGHT
Social Conflict, Critical Criminology, and
Restorative Justice
CHAPTER OBJECTIVES
After reading this chapter the student should be able to:
SUMMARY
In 1848, Karl Marx issued the Communist Manifesto identifying the economic
structures in society that control all human relations. According to Marx, class does not
refer to an attribute or characteristic of a person or a group; rather, it denotes position in
relation to others. One of his key concepts is that of surplus value – the laboring class
produces goods that exceed wages in value. Marx did not write on crime, but he
mentioned it, seeing a connection between criminality and the inequities found in the
capitalist system. Engels, a patron of Marx’s, portrayed crime as a function of social
demoralization in which workers, demoralized by capitalist society, are caught up in a
process that leads to crime and violence.
Conflict-based theories of crime are founded in the works of Willem Bonger, Ralf
Dahrendorf, and George Vold. Bonger argues that criminal law serves the will of the
dominant ruling class. The legal system discriminates against the poor by defending the
actions of the wealthy. The contribution of Ralf Dahrendorf is based on his idea that
modern society is organized into imperatively coordinated associations: 1) those that
possess authority and use it for social domination and 2) those that lack authority and are
dominated. Vold stated that crime can be explained by social conflict because criminal
acts are a consequence of direct contact between forces struggling to control society.
Chapter 8: Social Conflict, Critical Criminology, and Restorative Justice
The social ferment of the 1960s gave birth to critical criminology. Critical
criminologists view crime as a political concept designed to protect the power and
position of the upper classes at the expense of the poor. Critical thinkers believe that the
key crime-producing element of modern corporate capitalism is the effort to create
surplus value. Today, critical criminologists devote their attention to a number of
important themes and concepts such as the misuse of power, the role of criminologists in
supporting the status quo and aiding in the oppression of the poor and powerless, the state
of the American political system, and the creation of an American empire abroad.
Concern about globalization has shifted the focus of critical inquiry to a world
perspective.
Critical criminology has two components: instrumental theory and structural theory.
The instrumental view holds that criminal law and the criminal justice system act solely
as instruments for controlling the poor, have-not members of society and that those who
wield economic power define illegal or criminal behavior. The goal of instrumental
theorists is to demystify law and justice. The structural view argues that the relationship
between law and capitalism is unidirectional and is not always working for the rich and
against the poor. The law is not the exclusive domain of the rich but it is used to keep the
free enterprise system operating efficiently, and anyone, worker or owner, who rocks the
boat is targeted for sanction.
Contemporary forms of critical theory include left realism, which rejects the utopian
views of “idealistic” critical criminologists who portray street criminals as
revolutionaries. Their approach is that street criminals prey on the poor and
disenfranchised, so the poor are doubly abused: first by the capitalist system and then by
members of their own class. This approach closely resembles relative deprivation. Left
realists argue that crime victims in all classes deserve protection and that crime control
efforts should reflect community needs. Rather than viewing police as evil tools of
capitalism, left realists wish that police would reduce their use of force and increase their
sensitivity to the public.
Critical feminist theory views gender inequality as stemming from the unequal
power of men and women in a capitalist society, which leads to the exploitation of
women by fathers and husbands. Patriarchy, or male supremacy, has been and continues
to be supported by capitalists and sustains female oppression in the home and in the
workplace. According to critical feminism, exploitation triggers the onset of female
delinquent and deviant behavior. Power–control theory states that crime and delinquency
rates are a function of two factors: class position (power) and family functions (control).
Parents’ work experiences and class positions influence the criminality of children. In
paternalistic families, mothers are expected to control the behavior of their daughters and
grant greater freedom to sons. Unhappy or dissatisfied girls seek out risky role exit
behaviors. On the other hand, egalitarian families are ones in which husbands and wives
share similar positions of power at home and at work. Daughters gain a type of freedom
that reflects reduced parental control, so the law-violating behavior of daughters more
closely mirrors their brothers’ behavior.
Peacemaking criminology promotes a peaceful, just society. Advocates support such
policies as mediation and conflict resolution. Reintegrative shaming theory argues that
shame is a powerful tool of informal social control. In Braithwait’s vision of reintegrative
shaming, disapproval is extended to the offenders’ evil deeds and offenders begin to
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Instructor’s Manual
CHAPTER OUTLINE
I. Introduction
A. Social conflict theorists view crime as a function of social conflict and economic
rivalry.
B. Marxist criminologists or radical criminologists, but using the generic term
critical criminologists and the field of study as critical criminology
C. Critical criminologists
1. Reject that law is designed to maintain a tranquil, fair society and that
criminals are malevolent people who wish to trample the rights of others.
2. Consider acts of racism, sexism, imperialism, unsafe working conditions,
inadequate child care, substandard housing, pollution, and war-making to be
“true crimes.”
D. Critical criminologists are concerned with:
1. The role government plays in creating a crimogenic environment
2. The relationship between personal or group power and the shaping of
criminal law
3. The prevalence of bias in justice system operations
4. The relationship between a capitalist free-enterprise economy and
crime rates
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Chapter 8: Social Conflict, Critical Criminology, and Restorative Justice
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Chapter 8: Social Conflict, Critical Criminology, and Restorative Justice
1. Redefines crime in terms of a conflict among the offender, the victim, and
the effected constituencies (families, schools, workplaces, etc.).
2. The resolution must take place within the context in which the conflict
originally occurred.
3. The restoration process
a. The offender is asked to recognize the injury caused and to accept
responsibility.
b. Involves turning the justice system into a healing process
c. Reconciliation is a big part of the restoration approach.
d. Effectiveness of justice ultimately depends on the stake a person has in
the community or a particular social group.
e. Involves a commitment to both monetary restitution and symbolic
reparation (an apology)
f. Involves a determination of community support and assistance for both
the victim and the offender.
4. Restoration programs
a. Sentencing circles – based on Native American circle ceremonies;
crime victims and their families are brought together with offenders
and their families in an effort to formulate a sanction that addresses the
needs of each party.
b. Restoration programs can take many forms.
d. Restorative justice is now being embraced on many levels in society
and the justice system – community, schools, police, courts.
5. Balanced and Restorative Justice (BARJ) - restorative justice should be
centered on the principle of balance.
a. Offender accountability
b. Competency development
c. Community protection
XII. Summary
KEY TERMS
Antithesis – An opposing argument.
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Instructor’s Manual
Communist Manifesto – In this document, Marx focused his attention on the economic
conditions perpetuated by the capitalist system. He stated that its development
had turned workers into a dehumanized mass who lived an existence that was at
the mercy of their capitalist employers.
Critical Criminology – The view that capitalism produces haves and have-nots, each
engaging in a particular branch of criminality. The mode of production shapes
social life. Because economic competitiveness is the essence of capitalism,
conflict increases and eventually destabilizes social interactions and the
individuals within them.
Critical Feminism – A theory that views gender inequality as stemming from the
unequal power of men and women in a capitalist society, which leads to the
exploitation of women by fathers and husbands. Under this system, women are
considered a commodity worth possessing, like land or money.
Demystify – To unmask the true purpose of law, justice, or other social institutions.
Dialectic Method – For every idea, or thesis, there exists an opposing argument, or
antithesis. Because neither position can ever be truly accepted, the result is a
merger of the two ideas, a synthesis. Marx adapted this analytic method for his
study of class struggle.
Globalization – The process of creating transnational markets, politics, and legal systems
in an effort to form and sustain a global economy.
Instrumental Theory – The view that the law and justice system serve the powerful and
rich and enable them to impose their morality and standards of behavior on the
entire society.
Left Realism – An approach that views crime as a function of relative deprivation under
capitalism and that favors pragmatic, community-based crime prevention and
control.
Lumpen Proletariat – The fringe members at the bottom of society who produce
nothing and live, parasitically, off the work of others.
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Chapter 8: Social Conflict, Critical Criminology, and Restorative Justice
Paternalistic Families – Traditional family model in which fathers assume the role of
breadwinners, while mothers tend to have menial jobs or remain at home to
supervise domestic matters.
Patriarchal – A social construct in which men’s work is valued and women’s work is
devalued. This system, also known as male supremacy, has been and continues to
be supported by capitalists.
Power-Control Theory – The view that gender differences in crime are a function of
economic power (class position, one- versus two-earner families) and parental
control (paternalistic versus egalitarian families).
Productive Relations – The relationships that exist among the people producing goods
and services.
Role Exit Behaviors – In order to escape from a stifling life in male-dominated families,
girls may try to break away by running away and/or even attempting suicide.
Sentencing Circle – A peacemaking technique in which offenders, victims, and other
community members are brought together in an effort to formulate a sanction that
addresses the needs of all.
Shame – The feeling people experience when they fail to meet the standards set for
themselves or that significant others have set for them.
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Structural Theory – The view that holds the law is designed to keep the free enterprise
system operating efficiently, and anyone, worker or owner, who rocks the boat is
targeted for sanction.
Surplus Value – The Marxist view that the laboring classes produce wealth that far
exceeds their wages and goes to the capitalist class as profits.
DISCUSSION TOPICS
1. Divide the class into three groups. Have each group review one of the conflict
theorists: Bonger, Dahrendorf, or Vold. Compare and contrast the theorists, the
culture in which they lived, the economic times, and the relevance of their theories
in today’s culture.
2. Taking a recent case of a female offender that was featured in the local newspaper,
ask students to explain her offense as a radical feminist would. That is, examine the
extent to which the offender may have been disadvantaged by a patriarchal society
in her various educational, economic, and social endeavors. Was her crime a
reflection of her less valued position in society? Is there any mention of the
offender being a past crime victim?
STUDENT EXERCISES
1. Ask students to consider the recent mortgage crisis. How have the elements of this
crisis apply to the writings and beliefs of Karl Marx? Ask them to identify elements
that provide support for his ideas.
2. Divide the class into three groups. Have one group develop an outline of an ideal
family that would have non-delinquent children according to power control theory.
Ask the second group to outline the characteristics of a family that would be most
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Chapter 8: Social Conflict, Critical Criminology, and Restorative Justice
likely to have a delinquent daughter and have the third groups outline the
characteristics of a family that would be most likely to have a delinquent son.
3. Bring information to class on a local crime that has occurred in the community.
After having the students review the case, assign them to various roles that would
take part in a sentencing circle if the case were handled in that manner. Conduct a
mock sentencing circle where each student represents the interest for the role they
were assigned.
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