Lecture 20 conflict theory - PowerPoint

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Lecture 20 conflict theory - PowerPoint Powered By Docstoc
					Conflict Theories
Understanding Conflict
   Conflict is a natural disagreement resulting
    from individuals or groups that differ in
    attitudes, beliefs, values or needs
What is conflict?
Conflict Theory
   Opposite to the consensus theory
   There is little agreement on basic values
   Society is made up of many competing
    groups, each with different interests
   Law is a weapon that the powerful use to
    enforce their private interests, often at the
    expense of the public interest
Conflict Theory
   Class conflict
   Different social classes can be distinguished
    by inequalities in such areas as power,
    authority, wealth, working and living
    conditions, life-styles, life-span, education,
    religion, and culture
Law and Justice
   Vehicles for controlling the poor
   They help powerful and rich to impose their
    particular morality and standards of good
    behavior to the entire society
   Laws protecting private property may actually
    be designed to preserve the dominance of a
    ruling elite
“Stand Your Ground” law
   Law authorizes the use of defensive force by
    anyone who is not engaged in an unlawful
    activity and who is attacked in the place
    where he or she has a right to be (inside their
    home, the backyard, detached garage, or a
    pole building) and when a person reasonably
    believes it necessary to prevent the
    commission of a "forcible felony“ without
    fear of criminal or civil consequences
“Stand Your Ground” law.
   The following three valid reasons to use
    deadly force apply to all situations:
      1.   Fear of Death
      2.   Fear of Serious Bodily Injury
      3.   Fear of Forcible Sexual Penetration
Fatal incident (October 17, 1992)

   Yoshihiro Hattori went dressed in a tuxedo in
    imitation of Travolta from Saturday Night
    Fever
   The boy mistook the Peairs' residence for the
    intended destination due to the similarity of
    the address
   Hattori was shot in the chest at close range by
    the owner of the house
The Criminal Trial of Peairs
   At the trial, Peairs said: "It was a person, coming
    from behind the car, moving real fast. At that point, I
    pointed the gun and hollered, 'Freeze!' The person
    kept coming toward me, moving very erratically. I
    remember him laughing. I was scared to death. This
    person was not gonna stop, he was gonna do harm to
    me.“ "I had no choice," he said. "I want Yoshi's
    parents to understand that I'm sorry for everything."
The Criminal Trial of Peairs
   The trial lasted seven days. After the jurors
    deliberated for three and a quarter hours,
    Peairs was acquitted under Louisiana's "Kill
    the burglar "statute.
   In a later civil action, the court found Peairs
    liable to Hattori's parents for $650,000
    damages.
Louisiana’s “Kill the carjacker” statute
   Considering the amount of time people spend
    in their automobiles, the vehicle is viewed as
    an extension of the home
   “Kill the burglar” statute was applied to
    carjacking to permit the use of deadly force
    against actual or attempted carjacking.
“Kill the Carjacker” statute (1997)
   The statute justifies homicide committed by a
    passenger or driver inside the vehicle against
    an individual who is attempting to unlawfully
    enter the vehicle, if the passenger or driver
    “reasonably believes” that deadly force is
    necessary either to prevent the individual’s
    unlawful entry or to force the individual out of
    the vehicle (note: no imminent danger of death
    is mentioned)
The law is controversial
   Some call it “a license to kill”
   Others view it as an important form of protection for
    innocent automobile drivers
   Many think that the statute will become “lynch law”
    because they believe the most carjackers-the
    potential victims of the ”Kill the Carjacker” statute-
    are Black persons.
   The Louisiana legislature prioritized the value of an
    automobile over the value of human life
“Kill the Carjacker” is dangerous
   It justifies homicide for the sake of protecting
    mere personal property
   The Statute puts anyone approaching a
    vehicle at risk of being shot and makes
    motorists under age of twenty-one, who
    cannot carry concealed weapons, primary
    targets of carjacking
The poor are driven to crime because…
   A natural frustration exits in a society where
    affluence is well publicized but unattainable
    to the majority of citizens
   A deep-rooted hostility is generated among
    members of the lower class toward a social
    order that they are not allowed to shape and
    participate in it
Richard Quinney: Class, State, and
Crime (1980)
   Crime is an inevitable response to the material
    conditions of capitalism
   Crimes of working class: “crimes of
    accommodation” or “crimes of resistance”
   Crimes of accommodation are predatory
    crimes, such as burglary and robbery
    (reproduce the capitalistic system) and violent
    crimes, such as murder, assault, and rape
    committed by those who are “brutalized” by
    capitalism
Richard Quinney: Class, State, and
Crime (1980)
   Crimes of resistance include both non-
    revolutionary, unconscious reactions against
    exploitation and crimes deliberately
    committed by proletariat as acts of rebellion
    against capitalism
   Alcoholism, destroying property, fighting, etc.
Quinney on the ruling class
   Crimes committed by the ruling class are the
    result of the capitalistic system as well
   “Crimes of domination and repression”
    committed by capitalists to protect their
    interests
   Examples: corporate crimes (price fixing, bid
    rigging, security violation)
   “Crimes of control” are committed by
    criminal justice personnel (protection the
    ruling class’s effort to ensure its continued
    domination)
Policy Recommendation
   There can be no solution to crime under
    capitalistic society
   All classes are affected by the egoism and
    greed produced by capitalism
   Change the society/make it more humane
Tittle’s Control Balance Theory
    Control theorists focus on the factors that
     “restrain” the behavior of individuals
    Tittle made an innovation by arguing that
     people are not only objects of control but also
     agents of control
    Each person has a certain amount of control
     that she/she is under and a certain amount of
     control she/he exerts
Tittle’s Control Balance Theory
    Tittle sought to have a “General Theory” and thus to
     explain all forms of deviance
    For some, the relative amount of control is in
     balance (Control Balance )
    Some suffer from deficit of control and others
     experience a control surplus (Control Imbalance)
     Control balance is associated with conformity and
     Control imbalance tends to be associated with
     deviance
   Tittle’s Control Balance Theory


Submission   Defiance Predation Balance Exploitation Plunder Decadence


                              Conformity




             Repression                         Autonomy
   Tittle’s Control Balance Theory
 vandalism                                              White-collar
                                    Serious forms of   crimes
                                   crime
Submission   Defiance Predation Balance Exploitation Plunder Decadence


                               Conformity




             Repression                          Autonomy
Tittle’s Control Balance Theory
    Predisposition to deviance is in each of us
    Human nature has a strong urge for autonomy (to
     escape the control that others wish to impose on us)
    Motivation appears when two conditions transpire:
     a person becomes aware of his/her control
     imbalance and realize that deviant behavior can
     change this imbalance and person must experience"
     negative emotion” of being humiliated or denigrated
Tittle’s Control Balance Theory
    Once motivation has emerged, deviant
     behavior still might not occur
    Opportunity must be present
    Constraints (fear of being caught, moral
     ambitions, social bonds) also must be
     overcome

				
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