Critical criminology applies critical theory to criminology. Critical criminology examines the genesis of crime and the nature of justice in relation to power, privilege, and social status. These include factors such as class, race, gender, and sexuality. Legal and penal systems are understood to reproduce and uphold systems of social inequality.Online Dictionary of the Social Sciences, Critical Criminology. Athabasca University and ICAAP. Retrieved on: 2011-10-30. Additionally, critical criminology works to uncover possible biases within traditional criminological research.
Critical criminology sees crime as a product of oppression of workers – in particular, those in greatest poverty – and less-advantaged groups within society, such as women and ethnic minorities, are seen to be the most likely to suffer oppressive social relations based upon class division, sexism and racism.Hopkins Burke, R. (2001) An Introduction to Criminological Theory, Cullompton: Willan pg.173 More simply, critical criminology can be understood as an area of criminology that focuses on the impacts of power, domination, and oppression in ways that are often neglected by mainstream criminology. Critical criminologists focus on the larger systemic factors of crime.
Convict criminology
Convict criminology, which is one type of critical criminology, emerged in the United States during the late 1990s. It offers an alternative epistemology on crime, criminality and punishment. Scholarship is conducted by PhD-trained former prisoners, prison workers and others who share a belief that in order to be a fully rounded discipline, mainstream criminology needs to be informed by input from those with personal experience of life in correctional institutions. Contributions from academics who are aware of the day-to-day realities of incarceration, the hidden politics that infuse prison administration, and the details and the nuances of prison language and culture, have the potential significantly to enrich scholarly understanding of the corrections system. In addition, convict criminologists have been active in various aspects of correctional reform advocacy, particularly where prisoner education is concerned.
Socially contingent definitions of crime Critical criminologists assert that how crime is defined is socially and historically contingent, that is, what constitutes a crime varies in different social situations and different periods of history. The conclusion that critical criminological theorists draw from this is that crime is socially constructed by the state and those in power.
One way that the social construction of crime can be conceptualized is through examining the criminalization of homosexuality. Homosexuality was illegal in the United Kingdom until 1967 when it became legalized for men over the age of 21. For critical criminologists, the criminalization of the LGBTQ+ community by the state reflects the social construction of crime, as it has since been found that there is being a part of the community is not inherently criminal. Additionally, critical theory would assert that the criminalization of homosexuality is an explicit use power by the state to control marginalized populations.
Whilst there are many variations on the critical theme in criminology, the term critical criminology has become a guiding principle for perspectives that take to be fundamental the understanding that certain acts are crimes because certain people have the power to make them so. The reliance on what has been seen as the oppositional paradigm, administrational criminology, which tends to focus on the criminological categories that governments wish to highlight (mugging and other street crime, violence, burglary, and, as many critical criminologists would contend, predominantly the crimes of the poor) can be questioned.
The gap between what these two paradigms suggest is of legitimate criminological interest, It is stated by Stephen Box in his book Power, Crime, and Mystification where he asserts that one is seven times more likely (or was in 1983) to be killed as a result of negligence by one's employer, than one was to be murdered in the conventional sense (when all demographic weighting had been taken into account).
The effect of this, critical criminologists tend to claim, is that conventional criminologies fail to 'lay bare the structural inequalities which underpin the processes through which laws are created and enforced' and that 'deviancy and criminality' are 'shaped by society's larger structure of power and institutions'. Further failing to note that power represents the capacity 'to enforce one's moral claims' permitting the powerful to 'conventionalize their moral defaults' legitimizing the processes of 'normalized repression'. Thus, fundamentally, critical criminologists are critical of state definitions of crime, choosing instead to focus upon notions of social harm or human rights.
Conflict theories According to criminologists, working in the conflict tradition, crime is the result of conflict within societies that is brought about through the inevitable processes of capitalism. Dispute exists between those who espouse a 'pluralist' view of society and those who do not. Pluralists, following from writers like Mills (1956, 1969 for example) are of the belief that power is exercised in societies by groups of interested individuals (businesses, faith groups, government organizations for example)– vying for influence and power to further their own interests. These criminologists like Vold have been called 'conservative conflict theorists'. They hold that crime may emerge from economic differences, differences of culture, or from struggles concerning status, ideology, morality, religion, race or ethnicity. These writers are of the belief that such groups, by claiming allegiance to mainstream culture, gain control of key resources permitting them to criminalize those who do not conform to their moral codes and cultural values. (Selin 1938; Vold 1979 ; Quinney 1970 inter alia). These theorists, therefore, see crime as having roots in symbolic or instrumental conflict occurring at multiple sites within a fragmented society.
Others are of the belief that such 'interests', particularly symbolic dimensions such as status are epiphenomenological by-products of more fundamental economic conflict (Taylor, Walton & Young 1973; Quinney 1974, for example). For these theorists, societal conflict from which crime emerges is founded on the fundamental economic inequalities that are inherent in the processes of capitalism (see, for example, Wikipedia article on Rusche and Kirchheimer's Punishment and Social Structure, a book that provides a seminal exposition of Marxian analysis applied to the problem of crime and punishment). Drawing on the work of Marx (1990 ); Engels, (1984 ); and Bonger (1969 ) among others, such critical theorists suggest that the conditions in which crime emerges are caused by the appropriation of the benefits others' labor through the generation of what is known as surplus value, concentrating in the hands of the few owners of the means of production, disproportionate wealth and power.
There are two main strands of critical criminological theory following from Marx, divided by differing conceptions of the role of the state in maintenance of capitalist inequalities. On the one hand instrumental Marxists hold that the state is manipulated by the ruling classes to act in their interests. On the other, structuralist Marxists believe that the state plays a more dominant, semi-autonomous role in subjugating those in the (relatively) powerless classes (Sheley 1985; Lynch & Groves 1986). Instrumental Marxists such as Quinney (1975), Chambliss (1975), or Krisberg (1975) are of the belief that capitalist societies are monolithic edifices of inequality, utterly dominated by powerful economic interests. Power and wealth are divided inequitably between the owners of the means of production and those who have only their labor to sell. The wealthy use the state's coercive powers to criminalize those who threaten to undermine that economic order and their position in it. Structural Marxist theory (Spitzer 1975; Greenberg 1993 ;) on the other hand holds that capitalist societies exhibit a dual power structure in which the state is more autonomous. Through its mediating effect it ameliorates the worst aspects of capitalist inequalities, however, it works to preserve the overall capitalist system of wealth appropriation, criminalizing those who threaten the operation of the system as a whole. As such this means that the state can criminalize not only those powerless who protest the system's injustices but also those excessive capitalists whose conduct threatens to expose the veneer of the legitimacy of capitalist endeavor.
Whereas Marxists have conventionally believed in the replacement of capitalism with socialism in a process that will eventually lead to communism, anarchists are of the view that any hierarchical system is inevitably flawed. Such theorists (Pepinsky 1978; Tift & Sulivan 1980; Ferrell 1994 inter alia) espouse an agenda of defiance of existing hierarchies, encouraging the establishment of systems of decentralised, negotiated community justice in which all members of the local community participate. Recent anarchist theorists like Ferrell attempt to locate crime as resistance both to its social construction through symbolic systems of normative censure and to its more structural constructions as threat to the state and to capitalist production.
In a move diametrically opposed to that of anarchist theorists, Left Realists wish to distance themselves from any conception of the criminal as heroic social warrior. Instead they are keen to privilege the experience of the victim and the real effects of criminal behaviour. In texts such as Young 1979 & 1986, Young and Matthews 1991, Lea and Young 1984 or Lowman & MacLean 1992, the victim, the state, the public, and the offender are all considered as a nexus of parameters within which talk about the nature of specific criminal acts may be located. Whilst left realists tend to accept that crime is a socially and historically contingent category that is defined by those with the power to do so, they are at pains to emphasise the real harms that crime does to victims who are frequently no less disadvantaged than the offenders.
All of the above conflict perspectives see individuals as being inequitably constrained by powerful and largely immutable structures, although they to varying degrees accord to humans a degree of agency. Ultimately, however, the relatively powerless are seen as being repressed by societal structures of governance or economics. Even left realists who have been criticised for being 'conservative' (not least by Cohen 1990), see the victim and the offender as being subject to systems of injustice and deprivation from which victimising behaviour emerges.
It is important to keep in mind that conflict theory while derived from Marxism, is distinct from it. Marxism is an ideology, accordingly it is not empirically tested. Conversely, conflict theory is empirically falsifiable and thus, distinct from Marxism.
Criticism