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3-28-05
Group Conflict Theory- Austin Turk
Resembles Labeling theory
Turk said no one or nothing is intrinsically (automatically) criminal. Criminality is a definition that is applied by individuals with the power to do so, or call it criminal.
Turk maintains that the label of criminal is conferred upon individuals that are in a powerless position in society. (You see here the conflict coming out)
Turk said Criminalization will require more than just the law breaking behavior. It results from the interaction between the enforcers and the alleged violators.
This interaction is shaped of 5 social Factors:
1)Congruence (conformity) of cultural social norms. (This is the key Variable).
2)Level of organization of the subjects between the enforcer and the alleged violators. By definition most of Authority figures are part of an organization. Your issue of organization rests with the alleged violators. Example: If you have an individual that has group support they would become more stubborn in upholding their ways. More likely to see conflict when the person is part of an organized group.
3)Degree of sophistication in the interpretation of behaviors- Refers to the basis of rational used to justify behavior. (What would police use to justify behavior if they told someone to stop and the person resisted? The law is on the officers behavior) When looking at alleged violators you will find them falling back on some type of rationalization that is more abstract with the police.
4)Power Differential between enforcers and violators. Generally you will find the enforcers will have greater powers than the violators; however this is not always the case. May have a situation where white collar offenders are able to beat the system. Will see a greater power differential in favor of the offender.
5)Realism of moves during a conflict- This refers to the appropriateness or stability of the behaviors during the interaction or conflict. (The extent to which the parties engage in what may be called unrealistic behavior).Example: you have an individual that is smoking potat home, compare this behavior to if he were smoking pot while walking through the hall of the mall. Also works with the enforcers using excessive force.
Turk says your highest probability of criminalization occurs when both the enforcers and the violators have high congruence between cultural and social norms.
- High congruence, the police feel the same and the violators all feel the same way; however the police and violators have 2 different views.
- Both groups engage in unrealistic moves. Example: Smoking pot while walking in the mall is unrealistic, in the process of arresting them even though there is no resistance the cops beats them anyways. Someone may try to aid the violator.
- Criminalization likely to occur when power difference clearly favors the enforcers. Turk sees juvenile gang members as organized unsophisticates.
Law, Order and Power-WilliamChambliss-Falls under the Radical or Marxist criminology. Chambliss looked at the subsystem involved in the creation(legislators) and the enforcement of the law (Police and courts).
Chambliss conclude that legal order is self serving. The ones with power will continue to keep the power where it is.
Chambliss disagrees with the popular view of the organization of society.
Popular View =1. The law represents the values of society. 2. If everyone then at least express the best common denominator of society. 3. Law serves the best interest of society.
Chambliss says this is not the way things are. Just look at daily operations of how the law actually works.
How legislators are influenced by special interest groups. The laws reflect what the interest group wants, not the public group. The laws improve things for some and make things worse for others. Example: would it not be beneficial if congress passed, 12.00 minimum wage.
Your appellate courts are primary sources of rule making.
Looking at law enforcement according to Chambliss the agencies of law enforcement are bureaucratic organizations that depend upon political organization for resources. They will process the politically weak while in ignoring violations of those in power.