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Early Critical Theories

by: Maggie Larson

Early Critical Theories:

Labeling

Theories

Conflict

Marx/Radical

Labeling

Labeling

People fulfill their label that society gives them.

ex. Urban Youth are branded by the median and other instistutions as dangerous.

Other evaluations of us = self image = our behavior

Labeling theory

Labeling Theory

Primary Deviance: When the person who is labeled does not act negatively to the perveived misbehavior.

Secondary Deviance: When the person who is labeled does act negatively (attacks, defense, threathens) dut to being labeled as deviant.

Conflict

Conflict

Societies are composed of groups with conflicting values and interests. Thus, creating an inverse relation between power and official crime rates.

Ex: the rich against the poor, the whites against minorities.

Marx/Radical

Capitalist in the economic system alienate those who commit crime. Thus, those with power get to decide what is a crime and what is not a crime to protect their individual economic interests.

Marx/Radical

Ex: Exploting Workers.

CLS sought “to explore the manner in which legal doctrine and legal education and the practices of legal institutions work to buttress and support a pervasive system of oppressive inegalitarian relations.”

In late 1980, cls scholars deemphasized the indeterminacy thesis in their work and instead focused on how identity issues, such as race, gender, and sexuality, help to construct legal values and practices.

Critical Legal Studies

Radical criminologists of CLS argue those in power used legal order to impose their own interests by force on society, in an attempt to protect their property and physical safety from those without power.

In the cls, It maintains a level of criticism that is linked with political action and radical change.

Empirical Evidence

Labeling Evidence: Urban youth are already inscribed by stigmatizing images of gangs...which are percieved as "primitives" (Katz, 1997).

Conflict evidence: Conflict theory presumes that power is the basis of private property rather than vice versa" (Conflict theory, pg 121).

Marx/Radical Evidence: "economy has maintained such a grip on AMerican life as to shortchange families, schools, local communities, and political" (Messner, 1994).

Marx/Radical

Strengths: stress is primarily on the nature of capitalism and how economic factors force people to act in certain ways.

Weaknesses: mostly governed by external forces, working class crime is directed at the working class, all laws are at the interest of the ruling class.

Strengths & Weaknesses

Labeling

Strengths: route cause of crime (label), explains recidivism, doesn't generalize.

Weaknesses: doesn't explain crime of passion/reason, over predicts-everyone with a label will commit crime.

Conflict

Strengths: recognizes inequalities, puts blames on society, explains white collar and street crimes differences, no assumptions about human nature, explains juveniles.

Weaknesses: doesn't explain crime individually, people of power crimes are beingunnoticed.

Critique of Early Critical Theories

Critiques

Labeling Theory: labels are generated by social inequality; basis of labeling is on social status than criminal hisitory. Why are certain people were defined as criminal or deviant? Who makes the rules?

Conflict Theory: ignores differences among offenders; less specific identifying causes of crime; presumes power is the basis of property. Who benefits, and at whose expense?

Marxist/Radical Theory: accounts for crime only in the lower and working class; does not account for the influence of social institutions.

Policy implications and COnnections

Labeling theory: social changes, ending sterotyping and stigmas.

Conflict theory: impartiality, nondiscrimination, use only legal, legitimate varibles.

Marx/Radical Theory: overthrow of capitalism and establishment of socialism, alleviating class disadvantages, better opportunities, reflect anomie and disorganization .

Connections

The theorises; class circumstance, power, social/society, deviance (targeted in specific groups) are connected to cls because the labeling theory focuses on psychological data and critical data. the conflict and Marx's theory relate to status/power which is more specific to critical data

White collar crimes

White Collar Crime Case: A company board of directors was faced with a defective product and

decided that rather than recall their product and pay the $30 per product to fix the problem,

that it would be cheaper to pay to settle the lawsuits of the victims (who were usually burned

severely) or the families of the dead victims. In other words, they pre-meditated the fiery

murder and arson of people and then tried to cover up their evil deed.

Theory application

My theory would explain that the company is using their power over their comsumers (lower status/class). to instead of taking accountability they used the law to their own advantage to "be cheaper".

Juvenile Delinquency Case: Two kids were caught in the public park with spray paint that was

linked to several "tagged" signs along a boulevard in the neighborhood. One was also found

with a joint. Both came from a poor neighborhood.

Juvenile crimes

Theory application

My theory would explain the kids would be automatically labeled due to their background. Using their label as a negative on not only them but the community they came from.

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