Theoretical Analysis
TropJ
Conflictcriminologyonline.pptxConflict Criminology: The Social Reality of Crime
Richard Quinney
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One of the clearest statements of conflict criminology: Richard Quinney
Conflict theory: the etiological question is not the important question
The central issue: differential application of conceptions of crime
If you are a sociology major, this theory rooted in conflict theory, and applied to crime. Thus, conflict theory stands as a critique of the system.
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Prop 1: Definition of crime: crime is a definition of human conduct that is created by authorized agents in a politically organized society
Each society gives some authorized agents the power to create law (e.g., dictator or legislature are examples)
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2: Formulation of Criminal Definitions
Criminal definitions describe behaviors that conflict with the interests of the segments of society that have the power to shape public policy
Powerful create laws reflecting their own interests
Thus, legislatures create laws that provides, for example, harsher punishments for street crime than suite crime.
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3: Application of Criminal Definitions
Criminal definitions are applied by the powerful (those having the power to shape the enforcement and administration of criminal law
Criminal justice system: a funnel weeding out the powerful and retaining the powerless: discretion is practiced by citizens, police officers, prosecutors, juries, judges. At each stage, the powerful tend to get weeded out and the powerless retained.
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(All crimes, all crimes reported to police, arrests, decisions to prosecute, guilty verdicts, prison, death penalty) each are levels of this funnel.
Rather than a funnel, it should look like this
where only evidence is considered and p power does not become an issue.
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4: Development of behavior patterns in relation to criminal definitions
Criminal behavior patterns are shaped by where one exists in a society (opportunities, learning experiences, interpersonal associations, and self-conceptions)
Different behavior patterns differentially treated
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Example:
Since etiology does not really matter to much to conflict theorists, imagine a person wants to steal.
If they could steal in any manner, that person would probably prefer white-collar crime as the money is better and the punishment is often less. An upper-class person has this opportunity. A lower-class person does not and will probably engage in the behavior pattern of stealing via street crime.
Street crime is usually treated more harshly.
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5) Construction of criminal conceptions
Conceptions, or “pictures in the mind”
What is a crime? What is a criminal?
Citizens, police, prosecutors, and juries are influenced by the pictures in the mind and this shapes discretion.
E.g., What is a crime? Regarding rape, there are various types, including stranger rape, date rape, and marital rape. Which type of rape will have the highest probability of being reported, resulting in arrest, prosecution, conviction, and sentencing?
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What is a criminal?
Imagine a 92-year-old woman is the perpetrator of a crime. Does she match our picture of criminal? Will this have an impact of the discretion of the citizen against whom the crime was perpetrated, the police officer, the prosecutor, the jury, and the judge?
Justice would demand all being treated equal. But, mercy would often be the basis for discretion in this case.
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6: The social reality of crime refers to all the above stated.
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