Theorizing Criminal Justice
Eight Essential Orientations
Second Edition
Theorizing Criminal Justice uses eight theoretical lenses to explore the criminal justice apparatus. They contribute to a foundation for a discourse to expand our thinking about criminal justice and to enhance the value of our practice—providing a deeper understanding of complex issues exposes the confusion and contradictions inherent in this intricate topic.
Twenty articles (of which five are new to this edition) by noted professionals in the field present distinct perspectives for academic policy advisors, policy makers, the media, criminal justice personnel, and theoreticians about the nature of the criminal justice system. What theories direct the behaviors of the police, the courts, and corrections administrators? Which goals are paramount: retribution, treatment, safety, social control, efficiency? What value choices guide theories?
The authors include comprehensive discussions to stimulate creative thinking, as well as pedagogical materials such as a summary for each article, key terms found in each orientation, and thought-provoking questions that connect each orientation to relevant topics in today’s criminal justice apparatus.
“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
1. Criminal Justice Theory: It's Time to Ask Why
Varieties of Theory / How Theory and Ideology Differ / Theoretical Orientations as Metaphor / What Is Our Object of Study? / The Practicality of Theory / Theoretical Infrastructure / Eight Theoretical Orientations / Conclusion: Filling an Educational Gap
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)
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 3: Origins of the Contemporary Criminal Justice Paradigm: The American Bar Foundation Survey, 1953–1969 (Samuel Walker)
Article 4: General Systems Theory and Criminal Justice (Thomas J. Bernard, Eugene A. Paoline III, and Paul-Philippe Paré)
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 / From Forced Reaction to Choosing to Act
Article 5: Two Models of the Criminal Process (Herbert L. Packer)
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 / Two Directions
Article 6: Ideology and Criminal Justice Policy: Some Current Issues (Walter B. Miller)
Article 7: The Desirability of Goal Conflict within the Criminal Justice System (Kevin N. Wright)
Article 8: Crime, Culture, and Political Conflict (Stuart A. Scheingold)
6. Criminal Justice as Socially Constructed Reality
Intellectual Foundation: The Interpretive School / Criminal Justice as Moral Panic / Myths and Criminal Justice / A Point of Departure
Article 9: The Social Construction of Crime and Crime Control (Nicole Hahn Rafter)
Article 10: Chicano Youth Gangs and Crime: The Creation of a Moral Panic (Marjorie S. Zatz)
Article 11: 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 / Merging Complexes
Article 12: The Corrections‑Commercial Complex (J. Robert Lilly & Paul Knepper)
Article 13: 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 / Expansive and Diverse Coverage / Socialism, Critique and Praxis: A New Eclecticism / Bias and Subtlety
Article 14: Feminism and Criminology (Kathleen Daly & Meda Chesney-Lind)
Article 15: Feminist Theory, Crime, and Justice (Sally S. Simpson)
Article 16: Poverty and the Criminal Process (William J. Chambliss & Robert B. Seidman)
Article 17: The New "Peculiar Institution": On the Prison as Surrogate Ghetto (Loïc Wacquant)
Article 18: The "New" Criminal Justice System: State Repression from 1968 to 2001 (Christian Parenti)
9. Criminal Justice as Late Modernity
Understanding Criminal Justice through Late-Modern Lenses / Five Key Themes / An Intellectual Project
Article 19: Crime Control and Social Order (David Garland)
Article 20: The Anti-Politics of Crime (reviewed by Ian Loader)
10. Conclusion