|
||
|
Common Assumptions of Conflict Theories
2. The more powerful a group’s position, the less likely the behavior of its members acting in the group’s interests will violate the law 3. The less powerful a group’s position, the more likely that behavior of its members endangering the interests of the more powerful group will violate the law. Major Proponents Richard Quinney
Crime is a legal definition of human conduct that is created by agents of the dominant class in a capitalist society. [Crime is not inherent in behavior but is a matter of judgment and definition]
Definitions of crime are composed of behaviors that conflict with the class interests of the dominant economic class. [It follows that the greater the conflict between class interests, the greater the likelihood that the dominant economic class will formulate laws to control others]
Definitions of crime are applied by the class that has the power to shape the enforcement and administration of criminal law. [The greater the conflict between class interests, the greater the likelihood that the dominant economic class will influence legal agents to apply the criminal law]
Behavior patterns are structured in relation to definitions of crime, and within this context persons engage in actions that have relative probabilities of being defined as criminal. [The behavior of the less powerful is more likely to be defined as criminal; the expectations and experiences of being labeled criminal in turn influence future behavior.]
Conceptions of crime are constructed and diffused in the course of communication. [What and who are criminal are constructed and disseminated by the powerful; the more the powerful are concerned over crime, the greater the likelihood that both the definitions of behavior and the behavior itself will increase.]
STEVEN SPITZER Marxist perspective on deviance requires the interpretation of the process through which the contradictions of capitalism are expressed. Among the most important functions served by the superstructure in capitalist societies is the regulation and management of problem populations The most important characteristic of problem populations is that their behavior, qualities, or position threaten the social relations of production Capitalist modes of appropriating the product of human labor (eg, poor steal from the rich) Patterns of distribution and consumption in capitalist society (using drugs for escape and transcendence rather than sociability and adjustment)
AUSTIN TURK Criminality is not behavior but a status conferred upon that behavior and is the product of challenges to authority Factors in criminal status conferral
2. Deviance is about relationships between those who have power (authorities) to control behavior and those who do not (subjects) in coordinated relationships (institutions) 3. Conflict between authoirites and subjects occurs when behavioral differences authorities and subjects are compounded by cultural differences 4. Conflict is more probable the more organized are those who have an illegal attribute or engage in an illegal act 5. Conflict is more probable the less sophisticated the subjects 6. The probability of enforcement of legal norms increases as the congruence between the cultural and behavioral norms of authorities increases 7. The lower the power of resisters (subjects) the higher the probability of enforcement 8. The lower the tactical skills of norm violators the higher the probability of enforcement
JEFFREY REIMAN Criminal justice system supports established institutions
2. Criminal law is presented as the minimum neutral ground rules for any social living. It bestows the mantle of neutrality on institutions. It brands the individual who attacks institutions as one who has declared war on organized society Implications
2. Criminal law is neutral 3. Association of crime and poverty
Historical Sources of Homeless Populations War
Dearth of low income housing
Northern Virginia
HISTORY OF VAGRANCY LAWS Chambliss First Law
Causes
Intent of Law
Shift in Focus of Vagrancy Laws
A variety of factors that are used to establish moral status influence type of treatment. Factors associated with lower moral status include the following: Old Age
RAPID DEPLOYMENT UNITS – WASHINGTON, D.C. Unit Organization Three car teams of two officers each
The Rip - Use of undercover officers to buy drugs and identify dealers
Policing the Ghetto Underclass African-American males (15-34) constitute 14% of the population and 40% of the prison population In Washington and Baltimore 40-50% of young black males are in jail or prison, on probation, or have a warrant out for their arrest 30% of state and 55% of federal prisoners are incarcerated for drug violations (2/3 for possession, 1/3 for sale/manufacture African-Americans account for over 40% of drug arrests. Survey results indicate that except for crack cocaine whites are 3-5 times more likely to use drugs Effects Disruption of families, single parent families, inability to get jobs Resources transferred from social programs to criminal justice programs Rapid increase in the number of police Unit Organization Three car teams of two officers each Assigned to high crime rate areas Crime Control Activities The Rip - Use of undercover officers to buy drugs and identify dealers Vehicular Stops - Using minor traffic violations to apprehend drug dealers. Patroll for young, black men in expensive cars Serving Search Warrants - Arresting individuals for whom there are outstanding arrest warrants Adoption of the war metaphor
Siege Incidents
Origination Purpose
Characteristics of Paramilitary Units
Dissemination of Paramilitary Police Units (PPU) and Activities Percent of departments with a PPU 1960 - 00 1982 - 59 1990 - 78 1995 - 89 Average number of PPU callouts per year (for departments with PPUs for the entire time period) 1980 - 13 1985 - 27 1990 - 60 1995 - 83 Shift in mission of PPUs – 1995 (25,201 callouts) Civil disturbances 1.3 Terrorist incidents 0.9 Hostage situations 3.6 Barricaded persons 13.4 Warrant work 75.9 Warrant Work Most cases involve proactive policing to conduct an investigation rather than obtaining a warrant subsequent to investigation Police usually obtain a warrant “No knock” or “dynamic” entries Predominantly private residences Police Patrolling Twenty percent of departments reported using PPUs in proactive police patrolling MISDEMEANOR COURTS IN METROPOLITAN AREAS Criteria for establishing moral status in drunk and disorderly cases General physical appearance
Sentencing mechanisms
Platoon sentencing
FEDERAL AND STATE PRISON POPULATION Number of Prisoners Prisoners per 1840 4,000 24 1850 7,000 30 1860 19,000 60 1870 33,000 83 1890 45,000 71 1900 57,000 75 1918 75,000 82 1925 93,000 88 1930 148,000 121 1940 174,000 132 1950 166,000 110 1960 213,000 119 1970 196,000 97 1980 321,000 142 1990 780,000 450 1994 1,100,000 590 2002 2,100,000 699
SENTENCES FOR DIFFERENT CLASSES OF CRIME Percent Sentenced Average Sentence Average Time ServedCrimes of the Poor Robbery 98 101.5 62.0Crimes of the Affluent Fraud 56 22.6 16.2
OUTLAW MOTORCYCLE GROUPS
Lifestyle Values
Worldview
Focal Concerns of Subculture
|
||