CRCJ1000 Apr2nd Lec 11.docx

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Carleton University
Criminology and Criminal Justice
CRCJ 1000
Nicolas Carrier

CRCJ1000 Lec 11 nd April 2 2013 Critical Criminologies I. The Conflict Perspective - Refuses the idea that criminal law is the embodiment of universal values - Negate this idea that criminal law reflects such universal values - Conflicts over norms and values - Criminal law will only embody dominant morality, criminal law will be shaped by groups that are powerful enough to define their own norms as universal - Sellin, crime being a behaviour that is abnormal in the eyes of the law and not necessarily in the eyes of the actors, we need to study how law is shape. - Conflict perspective is broad, wants to have a big picture, wants to show the cultural and instrumental dimension of law making II. Marxist Criminologies - The poor as a social problem - Criminal law is a tool to maintain the conditions to ………. - What is at stake is revolution, it’s not about changing criminal justice institutions, its about revolutionalizing societies. - Marx, maintain private interest; it is not to protect everyone, it is to protect the interest of the bourgeoisie. - Lumpenproletariat: “person in rags” – Marx referred to sex workers, hobos – social class, class consciousness; they cannot be mobilized in the fight with the bourgeoisie. Direct result of capitalism, is it a result of a life that is meaningless, result of alienation, huge process of demoralization. - Demoralization - Alienation of ‘homo faber’: Men in Marx’s language = people producing things who are alienating from the act of producing. Engels, The Condition of the Working Class in England in 1844 - Crime is an act of political resistance - Prostitution, domestic violence – example = caused by brutal economic exploitation; destruction of family by capitalism. - Capitalism shaped social relations Instrumental Marxism - Simplistic or naïve - Law is about protecting private property - Protecting the bourgeoisie from criminalization - Crimes of domination; according to Quinney, they are not typically defined as crime. - Crimes of Accomodation: behaviour that are the reaction to the structural content of capitalism. Predatory crimes; assault, robbery, taken as the expression of survival needs. Also taken as acts that reproduce capitalism. Personal Crimes; Engles crimes of demoralization like domestic violence. These are behaviours that would be the result fo brutalization experienced by the working class. Crimes of resistance; conscience act of resistance to capitalism; like sabotage, graffiti, riots Structural Marxism - Reaction to the limitation of instrumental Marxism. - Mediator of class conflict - Legitimating exploitation - Law will legitimate capitalism by providing the appearance of equality before the law The New Criminology - Tried to bring together symbolic interactionism with Marxism. - Suggested that we need a full theory of deviance that starts from the wider context of the deviant act – we need a theory of primary deviance and a Marxism framework will provide it. - What are the wider elements; how is it that criminalization is attached to the reinforcement of political economic power? - Limitations of Marxism: in some capitalist nations, you have a very low crime rate/incarceration rate – Japan as an example. Absence of gender and race in most Marxist writing, being idealist Reiman Christie - Crime control as an industry; Pain market, economic activities surrounding penal social control - By removing people from society and putting them in prison, you’re creating jobs, pain market also involves the exploitation of prisoners; in Canada this is run by CORCAN – huge amount of profit from the work of prisoners which is seen as rehabilitation. - Prison Industrial Complex III. Left Realism - Direct response to Right Realism, instead of individual responsibility,
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