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 Theorizing Criminal Justice Eight Essential Orientations
Peter B. Kraska
The goal of this book is to encourage thinking
about criminal justice. What theories direct the behaviors of the police, the
courts, and corrections administrators? Are due process rights the foundation of
actions, or is the control of crime an overriding concern? Are criminal justice
personnel motivated by the need to diagnose and treat the individual offender,
or are classification and management of groups the primary focus? Which goals
are paramount: retribution, treatment, safety, social control, efficiency? What
value choices guide theories? Does a bureaucratic system insure impartiality, or
is it a self-perpetuating growth industry? What role does politics play in
developing theory? Theory explains how we think about an issue and ultimately how we deal with it. Studying reaction to crime reveals the reality constructed by various actors. By presenting eight theoretical orientations, this book encourages the reader to reflect on the very complex nature of criminal justice, to analyze the theories that have informed various practices, and to recognize the intellectual underpinnings of each. The eight perspectives provide the background for the reader to place criminal justice in context with other social controls. The ultimate purpose of the study of existing metaphors for criminal justice is to develop the skills to participate in future theorizing about a vital topic.
 $29.95 list, 340 pages 10-digit ISBN: 1-57766-228-8 13-digit ISBN: 978-1-57766-228-0 © 2004
“An excellent, well-rounded text. The book lays a solid foundation for critically examining the criminal justice system and its processes.” — Michael A. Hallett, University of North Florida
“This is truly the definitive book on criminal justice theory. It should be required reading for every senior in a criminal justice program and every graduate student in criminal justice, both master’s and Ph.D. levels.” — Willard M. Oliver, Sam Houston State University
“Professor Kraska has moved the field and C.J. theory development forward with this book. It is great!” — John H. Kramer, The Pennsylvania State University
“I have been looking for a book of this nature for years.” — Leanne Fiftal Alarid, University of Missouri, Kansas City
“Interesting and innovative approach. Excellent presentation of diverse material. Thoroughly enjoyable.” — Robert Engvall, Roger Williams University
Table of Contents
1. Criminal Justice Theory: Why Ask Why? Varieties of Theory / Theoretical Orientations as Metaphor / What Is Our Object of Study? / The Practicality of Theory / Theoretical Awakening / Eight Theoretical Orientations 2. Criminal Justice as Rational/Legalism Rational/Legal Thinking and Assumptions / Defenders of Our Response to Crime Article 1: Of Crimes and Punishments (Cesare Beccaria) Article 2: To Secure These Rights (Ernest van den Haag) Article 3: Deadly Myths about Crime and Punishment in the United States (Charles Logan & John J. DiIulio, Jr.) 3. Criminal Justice as a System The Garden Pond: Systems Theory and Concepts / The Criminal Justice Organism and System Thinking / Contributions to Our Understanding / One Orientation, Two Strains Article 4: Origins of the Contemporary Criminal Justice Paradigm: The American Bar Foundation Survey, 1953–1969 (Samuel Walker) Article 5: Science and Technology and the Criminal Justice System (The Institute for Defense Analysis) 4. Criminal Justice as Crime Control vs. Due Process Packer’s Ambivalence about the Criminal Justice System / Value Clash: A Catalyst for Critique and Thought / Explaining the Growth of the Criminal Justice System Article 6: Two Models of the Criminal Process (Herbert L. Packer) Article 7: Crime Control, Due Process and “The Case for the Prosecution”: A Problem of Terminology? (Peter Duff) 5. Criminal Justice as Politics Thinking Politically: The Pursuit of Interests / Leftist and Rightist Ideology in Criminal Justice / Is Wright Right? / The Symbolism of Getting Tough / Explaining the Growth of the Criminal Justice System Article 8: Ideology and Criminal Justice Policy: Some Current Issues (Walter B. Miller) Article 9: The Desirability of Goal Conflict within the Criminal Justice System (Kevin N. Wright) Article 10: Crime, Culture, and Political Conflict (Stuart A. Scheingold) 6. Criminal Justice as Socially Constructed Reality Intellectual Foundation: The Interpretive School / Criminal Justice as Drama / Criminal Justice as Moral Panic / Myths and Criminal Justice / A Point of Departure Article 11: The Police: Mandate, Strategies, and Appearances (Peter Manning) Article 12: Chicano Youth Gangs and Crime: The Creation of a Moral Panic (Marjorie S. Zatz) Article 13: Inventing Criminal Justice: Myth and Social Construction (Victor E. Kappeler) 7. Criminal Justice as Growth Complex The Notion of A Growth Complex / The Growth Complex Explained / Conclusion: Merging Complexes Article 14: The Corrections‑Commercial Complex (J. Robert Lilly & Paul Knepper) Article 15: The Crime Control Industry and the Management of the Surplus Population (Randall G. Shelden & William B. Brown) 8. Criminal Justice as Oppression Intellectual/Historical Context: Origins of Oppression Orientation / Oppression and Criminal Justice: A Few Key Themes / Socialism, Critique and Praxis: A New Eclecticism / Bias and Subtlety Article 16: Feminism and Criminology (Kathleen Daly & Meda Chesney-Lind) Article 17: Feminist Theory, Crime, and Justice (Sally S. Simpson) Article 18: Affirmative Race Law (Katheryn K. Russell) Article 19: Poverty and the Criminal Process (William J. Chambliss & Robert B. Seidman) Article 20: Crime Control in the Capitalist State (Richard Quinney) Article 21: Crisis and Control (Christian Parenti) 9. Criminal Justice as Late Modernity Understanding Criminal Justice through Late Modern Lenses / Key Themes of Criminal Justice in a Late Modern Era / An Intellectual Project Article 22: Crime Control and Social Order (David Garland) Article 23: The New Penology: Notes on the Emerging Strategy of Corrections and Its Implications (Malcolm M. Feeley & Jonathan Simon) 10. Conclusion |
