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83 Cards in this Set
- Front
- Back
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Key elements to Marxist approach |
- the basis of criminal law - the dominant hegemony of the ruling class - law enforcement - individual motivation - crime and control |
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The Basis of Criminal Law |
- all laws benefit the ruling class - reflect ruling class interests - personal violence - dangerous - ruling class control by use of army and police. Chambliss(1976) - laws were relatively unnecessary in feudal society -land was the main source of wealth. Capitalist society requires laws to protect the property interests of the ruling classes. |
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Chambliss (1976) |
Argues that laws were relatively unnecessary in feudal society whenland was the main source of wealth. In capitalist society laws are required toprotect the property interests of the ruling classes. |
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Law creation and dominant hegemony |
Ruling class impose values ( benefit them) on the mass population - controls the population using agencies such as: education, religion and mass media - known as hegemony. Dominant values forms framework on what laws arebased on democracy. Marxists – that set of values is ‘forced’ on people - think they believe in is actually inbenefit of the ruling class |
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Law creation and dominant hegemony (Applicable Case Studies) |
Snider(1993) the state is reluctant to pass laws which regulate capitalistconcerns and which might threaten their profitability e.g. Pollution, workerhealth and safety. Reiner(2012) a good example of this is the recession in 2008 many bankers werenot prosecuted and actually made money in bonuses during this time. Non-decisionmaking is just as important as decision making. Chambliss(1976) argues that class inequality in the USA is justified by the rulingclass ideology. This stops laws such as the creation of the NHS. |
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Snider(1993) |
Snider(1993) the state is reluctant to pass laws which regulate capitalistconcerns and which might threaten their profitability e.g. Pollution, workerhealth and safety.· |
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Reiner (2012) |
Reiner (2012) a good example of this is the recession in 2008 many bankers were not prosecuted and actually made money in bonuses during this time. Non-decision making is just as important as decision making. |
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Chambliss (1976) |
Chambliss (1976) argues that class inequality in the USA is justified by the ruling class ideology. This stops laws such as the creation of the NHS. |
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Law Enforcement |
-if applied fairly - laws could benefit everyone -law enforcement is bias towards the ruling class -Police punish working class - will not enforce towards ruling class Snider (1916) most serious anti-social crimes committed in industrial countries are corporate crimes’ despite theenormous financial and personal costs of corporate crime, the chances ofgetting caught and punished are very small. It's likely for a small business to betaken to court than big corporations - in only 4.9% of persecutions for corporate crime, theperpetrator received prison sentence. |
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Snider (1916) |
most serious anti-social crimes committed in industrial countries are corporate crimes’ despite the enormous financial and personal costs of corporate crime, the chances of getting caught and punished are very small. It's likely for a small business to be taken to court than big corporations -only 4.9% of persecutions for corporate crime, the perpetrator received prison sentence. |
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Individual Motivation |
Bonger(1916) - capitalism is based upon competition, selfishness and greed - this formed people's attitudes to life - crime was a normaloutcome of values stressing looking after oneself at the expense ofothers – working class people are likely to commitcrimes due to their desperate conditions Gordon (1976) argues that in a dog-eat-dog world crime is a rational response |
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Bonger (1916) |
Believes that capitalism is based upon competition, selfishness and greed - this formed people's attitudes towards life. Crime was a normal outcome of the values that stressed looking after yourself at the expense of others - working class is more likely to commit crimes due to their desperate conditions. |
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Gordon (1976) - Marxism |
He argues that in a dog-eat-dog world crime is a rational response. |
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Crime and Control |
Rulingclass in capitalism constantlyseeks to divert the attention of the vast majority of the population away froman understanding of the true cases of their situation. They imposetheir values through agents such as mediaand education to divert theattention. Crime plays an important part in capitalism – itdiverts attention from the explosive nature of capitalism and focuses on theevil and frightening nature of certain criminal groups in the society – fromwho we are protected by the police – justifies heavy policing in working classareas, ‘stop and searches’ of young people, and arrests of any sections of thepopulation who oppose capitalism |
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Crime and Control (Applicable Case Studies) |
Box (1983) suggests that control theory operates for the benefit of the ruling classes. Once this control is weakened people will commit crime to express their disillusionment with capitalism. Gordon (1976) argues that the selective law enforcement against the working class perpetrates capitalism by blaming individuals for failures rather than big corporations. Also, imprisonment legitimately removes working class opposition from the streets. |
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Box (1983) -Marxism |
suggests that control theory operates for the benefit of the ruling classes. Once this control is weakened people will commit crime to express their disillusionment with capitalism. |
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Gordon (1976) - Marxism |
argues that the selective law enforcement against the working class perpetrates capitalism by blaming individuals for failures rather than big corporations. Also, imprisonment legitimately removes working class opposition from the streets |
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Criticisms of Marxist perspectives |
victims of crime are ignored in thisanalysis – harm by offenders - not taken into account – victims're usually drawn from working class Explanation for law creation and enforcementtends to be one dimensional, in that all laws are seen as the outcome of theinterest of the ruling class – no allowance is made for the complexity ofinfluences on law-making behaviour. |
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Neo-Marxist Perspective |
There are two Neo-Marxist perspectives: -New Criminology - Marxist Subcultural Theory |
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New Criminology, Neo-Marxism |
Crime is a deliberate act with ‘politicalmotives’ -Many crimes were against property – this couldbe seen as the re-distribution of wealth (robin hood) People were struggling to change their society Ideas at heart of new criminology: Blend structural/social action perspectivesfor a full picture of society |
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Taylor, Walton & Young (1973) - New Criminology, Neo-Marxism |
Critical of traditional Marxism for being too deterministic, too structural and ignoring individual choice. Devised a theory that blended Marxism and labelling theories · Background context: many examples of ‘resistance to capitalist oppression’ eg. Anti-Vietnam demos, student protests, union strikes. |
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Gramsci
-New Criminology, Neo-Marxism |
This could be seen as a ‘crisis of hegemony’There was a degree of choice in society – adeliberate resistanceCapitalism was loosing its ideologicalcontrol of society (a rise of proletarian consciousness/a decline of falseconsciousness) |
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Wider Origins of the Act New Criminology Neo-Marxism |
The capitalist system = wider society The economic structure of society is the root of all actions in that society |
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The immediate origins of the deviant act New Criminology Neo-Marxism |
The motivation for an individual to commita crimeThe actual causes that are at the heart of anindividual choosing to commit a specific crime. |
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The act itself
New Criminology Neo-Marxism |
Why should a person choose to commit aparticular type of crimeWhat does the act mean to the criminal |
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The immediate origins of the societal reaction
New Criminology Neo-Marxism |
Why do people respond in different ways to aparticular deviant act? Eg. Do the police react differently to black offenders? |
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The wider origins of deviant reaction
New Criminology Neo-Marxism |
This is all about the wider background tolaw creation and enforcementInvolves the role of the media too! Eg. What circumstances led to make types ofpicketing illegal? Why are tobacco and alcohol products legal, despite their harm to health? |
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The outcome of the societal reaction on deviant’s further actions:
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We need to understand how the labelled criminals respond to their labelling self concept/ master status/ subculture |
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The nature of the deviant process as a whole
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This point just accepts that deviance is a complex process It cannot be explained by one simple‘perspective-driven’ theory. |
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Ideology and the new Criminology Stuart Hall et al. (1978) |
In 1970s, London witnessed a growth in 'muggings'. The media focused on this crime and a wave of publicity forced the problem to the top of the political and policing agenda. Hall did not exactly follow the model put forward in the new criminology, the general critical criminological framework was used. |
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Taylor et al. (1973) - Social theory of deviance - Neo-Marxism |
What a fully social theory of deviance must cover according to Taylor et al. -the wider origins of the deviant act -the immediate origins of the deviant act -the actual act -immediate origin of social reaction -outcome of the deviant's further action -the nature of the deviant act as a whole |
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Marxist subcultural theory (Applicable Case Studies) |
Hall andJefferson (1976) looked at the teddy boys culture and how they resistedtheir working class position Brake(1980) said that subcultures provided magical solutions for its members Clarke(1980) looked at how skinheads used exaggeration to reinforce their workingclass status |
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Hall and Jefferson (1976) - Marxist subcultural theory
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Looked at the Teddy Boys culture and how they resisted their working class position through wearing clothes such as Edwardian jackets and developed a 'neat and hip' appearance. |
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Brake (1980) - Marxist Subcultural theory
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Believed that subcultures provided its members with a 'magical solution' to their everyday lives.
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Clarke (1980) - Marxist Subcultural theory
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Looked at how the skinheads subculture exaggeration to enforce their working class status through their appearance. They done this through wearing big work boots and over the top hairstyles.
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CCCS - Marxist Subcultural Theory
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CCCS believe that capitalism maintains controlover the majority of population in two ways: -Ideological dominance through the media -Economic pressure – people want to keep theirjobs to pay their bills, mortgage etc. Single largest group offering this resistance isworking-class youth This Is England – Media representing theskinhead subculture. – the skinheads provide a magical solution for the young boy |
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Traditional Marxism Criticisms
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The victims of crime are simply ignored in thisanalysis. The harm done by offenders is not taken into account. This isparticularly important as the victims are usually drawn from less well offsections of the population. The explanation for law creation and enforcementtends to be one dimensional. In that all laws are seen as the outcome of theinterest of the ruling class – no allowance is made for the complexity ofinfluences on law-making behaviour. |
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New Criminology Criticisms
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Hirst (1975) - argued new criminology stayed too far from the Marxist tradition. Rock (1988) - argued that it gave a too romantic view of criminals. Feminists such as Carlen (1988) point that there was absolutely no specific discussion of the power of patriarchy in the new criminology discussion. No sociologists have managed to use this approach and so it remains as an interesting model rather than an approach that guides research. Nearest attempt was made by Hall et al. (1978) |
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Hirst (1975) - Criticism of New Criminology
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Argued that New Criminology stayed too far from the Marxist tradition
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Rock (1988) - Criticism of New Criminology
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Argued that New Criminology gives a too romantic view of criminals.
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Carlen (1988) - Feminist Criticism of New Criminology |
Points out that there was absolutely no specific discussion of the power of patriarchy in the new criminology discussion.
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Marxist Subcultural Theory Criticisms
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Cohen (1980) Pointed out the subcultural theory writers were biased in their analysis. They want to prove that the working class youth were an attack on capitalism. He believed that it was one of many possibilities for subcultures forming. Blackman (1995) the emphasis on working-class bias of subcultural resistance ignores the huge variations of subcultures based on variations of identities and social factors. Thornton (1995) argues that there is simply no real social class basis to youth subcultures at all - they are in fact creations of the media. |
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Cohen (1980) -Marxist Subcultural Theory Criticism |
Pointed out the subcultural theory writers were biased in their analysis. They want to prove that the working class youth were an attack on capitalism. He believed that it was one of many possibilities for subcultures forming.
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Blackman (1995) -Marxist Subcultural Theory Criticism |
The emphasis on working-class bias of subcultural resistance ignores the huge variations of subcultures based on variations of identities and social factors.
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Thornton (1995) - Marxist Subcultural Theory Criticism |
Argues that there is simply no real social class basis to youth subcultures at all - they are in fact creations of the media. |
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Marxism and Occupational and Corporate crime
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The ruling class offences are simply ignored - 'white collar crime' is referred to crime committed by people working in the offices. They are very unlikely to get caught or sentenced - only 4.9% of persecutions for corporate crime, the perpetrator received prison sentence.
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Marxism and Occupational and Corporate crime(Applicable Case Studies & Definition)
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Sutherland (1940) originally defined white collar crime as 'crime committed by a person of respectability and high social status in the course of his occupation'
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Sutherland (1940) - Corporate crime (Marxism) |
Originally defined white collar crime as 'crime committed by a person of respectability and high social status in the course of his occupation'
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Occupational and Corporate Offending: The problem of law |
Debate on what corporate crime actually is - often when sociologists talk about 'white-collar' crime they might not actually be defining actions that are illegal. The crime might as well be breaking supervisory codes (financial services) or technical standards (chemical content in consumer goods). |
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Occupational and Corporate Offending: The problem of law (Applicable Case Studies) |
Pearce and Tombs (1998) argue that corporate crime ought to extend to the manufacture of cigarette and alcohol - both of which are linked to illness and death - others however believe that companies that manufacture in poorer countries (where the standards/laws are lower) still break the human rights law, although in that country it is legal top treat workers like that. |
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Nelken (2002) - Marxist views - corporate crime |
-Points out that the debate about corporate crime is as much about corporate practices and sociologists' biases about what is morally wrong, as it is about breaking the law. -Believes that there is a considerable body of evidence pointing to fraudulent crimes made by doctors and dentists against insurance companies in the USA, and to smaller extent against the NHS in Britain. |
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Pearce and Tombs (1998) - corporate crime (Marxism) |
Argue that corporate crime should also classify the manufacturing of cigarette and alcohol - both of which violate health Some people, however believe that companies that manufacture in poorer countries (where the standards/laws are lower) still break the human rights law, although in that country it is legal top treat workers like that. |
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Definition of: Corporate Crime
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How and why people steal from companies and the public in activities associated with their jobs; the employee who claims false expenses from the company or who overcharges customers and keeps additional amount.
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Definition of: Occupational Crime
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Much more important field of study. This is crime by corporations or businesses that has a serious physical or economic impact on employees, consumers or the general public. It is motivated by the desire to increase profit.
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Occupational Crime Impact of occupational crime |
Theft by employees is the main source of crime in Britain Mars (1982) studied the theft by employees and found that in the range of industries he studied minor theft regarded as a legitimate part of the job and redefined into a 'perk' or 'fiddle' - 'fiddling' was considered as part of the rewards of the job. Clarke (1990) management generally turned a blind eye to 'fiddles', accepting them as part of the total pay for the job and taking them into account in determining wage structures. Levi (2007) Estimated that direct loss from fraud in Britain total £12.98 billion. Fraudulent health and unemployment benefit claims total of about £3 billion and fraud within the NHS are estimated at a possible £6 billion. Nelken (2002) believes that there is a considerable body of evidence pointing to fraudulent crimes made by doctors and dentists against insurance companies in the USA, and to smaller extent against the NHS in Britain. Barclay and Tavares (1999) found that theft by shop staff amounts to £350 million each year, which is about 25% of all retail losses. Levy (1987) he found that 75% of all frauds on financial institutions such as banks and building societies were by their own employees. Of 56 companies surveyed, over 40% had experienced fraud of over £50,000 by employees that year. Employers were reluctant to prosecute as it would attract negative publicity. |
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Levi (2007) - Occupational Crime (Marxism)
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Estimated that direct loss from fraud in Britain total £12.98 billion. Fraudulent health and unemployment benefit claims total of about £3 billion and fraud within the NHS are estimated at a possible £6 billion. |
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Clarke (1990) - Occupational Crime (Marxism)
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Management generally turned a blind eye to 'fiddles', accepting them as part of the total pay for the job and taking them into account in determining wage structures.
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Mars (1982) - Occupational Crime (Marxism)
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Studied the theft by employees and found that in the range of industries he studied minor theft regarded as a legitimate part of the job and redefined into a 'perk' or 'fiddle' - 'fiddling' was considered as part of the rewards of the job.
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Nelken (2002) -Occupational Crime (Marxism)
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Believes that there is a considerable body of evidence pointing to fraudulent crimes made by doctors and dentists against insurance companies in the USA, and to smaller extent against the NHS in Britain.
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Barclay and Tavares (1999) - Occupational Crime (Marxism) |
Found that theft by shop staff amounts to £350 million each year, which is about 25% of all retail losses.
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Levy (1987) - Occupational Crime (Marxism)
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He found that 75% of all frauds on financial institutions such as banks and building societies were by their own employees. Of 56 companies surveyed, over 40% had experienced fraud of over £50,000 by employees that year. Employers were reluctant to prosecute as it would attract negative publicity.
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Corporate Crime - Impact of Corporate Crime - Invisible issue - Difference in power |
Is a major problem, and costs the government more than conventional crime but there is little attention paid to it. Marxist - Pearce (1976) argue laws governing corporate crime, as well as the enforcement of these laws, reflect the inequalities in power of a capitalist society. The owners of the corporations are members of the ruling class and they ensure that the law and its enforcement reflects their interests. Tombs (2002) - suggest that the way laws are defined and enforced are a reflection of the economic and political influence of large corporations. |
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Pearce (1976) Difference in Power (Marxism) Corporate Crime |
Argue laws governing corporate crime, as well as the enforcement of these laws, reflect the inequalities in power of a capitalist society. The owners of the corporations are members of the ruling class and they ensure that the law and its enforcement reflects their interests.
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Tombs (2002) Difference in Power Corporate Crime |
Suggest that the way laws are defined and enforced are a reflection of the economic and political influence of large corporations. |
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Corporate Crime - Impact of Corporate Crime - Invisible issue - Media Representations of crime |
Tombs and Whyte (2003) pointed out that corporate crimes are rarely considered newsworthy, partly because the crimes are often too complex to summarise in an article, or too dull or have no clear victims. Often when such crime is reported, media coverage is less about it being a crime than a 'scandal' or 'abuse' or even an accident
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Tombs and Whyte (2003) Media representations of corporate crime |
Pointed out that corporate crimes are rarely considered newsworthy, partly because the crimes are often too complex to summarise in an article, or too dull or have no clear victims. Often when such crime is reported, media coverage is less about it being a crime than a 'scandal' or 'abuse' or even an accident
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Corporate Crime - Impact of Corporate Crime - Invisible issue - Policing of corporate crime |
Braithwaite (2000) business and finance tend to be controlled through 'regulation' rather than policing. A different set of terms are used in the policing of corporations: agencies are developed by government to oversee the activities of companies. |
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Braithwaite (2000) Policing of Corporate Crime
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Business and finance tend to be controlled through 'regulation' rather than policing. A different set of terms are used in the policing of corporations: agencies are developed by government to oversee the activities of companies. |
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Corporate Crime - Impact of Corporate Crime - Invisible issue - Lack of Research |
Tombs (2007) points out that each year the British Government spends a considerable amount of time in finding out how many crimes are committed through the BCS (British Crime Survey) yet nothing similar is done to discover the extent of corporate crime. Hopkins (2002) noted that the government has been very active in funding research into crime against businesses. |
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Tombs (2007) Lack of research into Corporate Crime |
Points out that each year the British Government spends a considerable amount of time in finding out how many crimes are committed through the BCS (British Crime Survey) yet nothing similar is done to discover the extent of corporate crime.
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Hopkins (2002) Lack of research into Corporate
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Noted that the government has been very active in funding research into crime against businesses. |
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State-Corporate Crime
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Close relationship between large corporations and the government. Government relies on large corporations for tax revenues and to provide employment. Corporations rely on the government for a sympathetic and organised environment in which they can engage in their activities - they are therefore mutually dependent. It has been suggested that this can lead to serious harms as a result of interaction between them. Kramer (2006) researched into the circumstances surrounding the US space 'shuttle Challenger' which exploded soon after take off in 1986 - killing the crew. He argues that this explosion was a result of political decisions made by NASA to maintain the space exploration programme but with large budgetary cuts. He believes that they knew what possible consequences of component failure could be - before the launch both the NASA and MTI knew the potential dangers - the explosion was still described as an 'accident' at the time. |
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Kramer (2006) - State-Corporate Crime
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Researched into the circumstances surrounding the US space 'shuttle Challenger' which exploded soon after take off in 1986 - killing the crew. He argues that this explosion was a result of political decisions made by NASA to maintain the space exploration programme but with large budgetary cuts. He believes that they knew what possible consequences of component failure could be - before the launch both the NASA and MTI knew the potential dangers - the explosion was still described as an 'accident' at the time. |
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Globalisation and Crime
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Giddens (1964) defines 'globalisation' as 'the intensification of worldwide social relations which link distant localities in such a way that local happenings are shaped by events occurring many miles away and vice versa. importance of globalisation cannot be overestimated. |
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United Nations Development Programme (1999) Globalisation and Crime |
The result of globalisation has been a massive growth in the following forms of crime: -dealing in illicit drugs -illegal trafficking in weapons-illegal trafficking in human beings-corruption-violent crimes (inc. terrorism) -war crimes the total value of transactional organised crime is estimated by the UN to be £1 trillion per year. |
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Taylor (1999) Globalisation and Crime |
Suggests that the impact of globalisation on economies provides fertile soil for the growth of transactional crime. 1-the ability to move finance around the world with limited controls enables a whole range of financial crimes, from tax evasion to illegal profits such as drug production 2-cheap international transport and effective communication allowed companies to shift production to countries where costs are lowest. |
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Ruggiero (1996) Globalisation and Crime
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Points to a further consequence of this shift in production. He argues that the decline in employment encourages the growth of small firms in Western Europe that avoid labour laws and operate outside the formal economy. |
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Michalowski and Kramer (1987) Globalisation and Crime
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Modern transitional corporations can practise a policy law evasion by setting up factories in countries that do not have pollution controls or adequate safety legislation rather than producing in countries with stricter standards. |
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Box (1983) Globalisation and Crime |
Has claimed that multinationals dump products, plants and practices illegal in industrialised countries onto undeveloped or underdeveloped countries. They are able to do so as poorer countries do not have the resources to control the large companies and because officials are more likely to accept bribes. |
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Globalisation and Organised Crime
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Globalisation brought about the growth of transactional organised crime. Organised crime is involved in a number of activities: -The drugs trade: UNODC (2005) the value of the illegal drug trade is $13billion at production level, $94billion at wholesale level and $332billion based upon retail prices. - Human trafficking: Raymond (2002) it is worth about $5-$7billion with 4 million people moved from one country to another and within countries. This includes about 500,000 a year to Western Europe alone for use in the sex industry. |
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UNODC (2005) Globalisation and Organised Crime (Drug Trade) |
The value of the illegal drug trade is $13billion at production level, $94billion at wholesale level and $332billion based upon retail prices. |
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Raymond (2002) Globalisation and organised Crime (human trafficking) |
Human trafficking is worth about $5-$7billion with 4 million people moved from one country to another and within countries. This includes about 500,000 a year to Western Europe alone for use in the sex industry. |
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Giddens (1964) Globalisation
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Defines 'globalisation' as 'the intensification of worldwide social relations which link distant localities in such a way that local happenings are shaped by events occurring many miles away and vice versa.
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