I see lots of funny men, Some rob you with a six gun, And some with a fountain pen.' (Woody Guthrie, 'Pretty Boy Floyd') 'The real criminals in this society are not all the people who populate the prisons across the state, but those people who have stolen the wealth of the world from the people.' (Angela Davis) 'hat can be done to reduce significantly the volume of !illing, maiming and economic deprivation caused by corporate crime" #ne brief terse answer is $$$$ all%' (Box, 'Power, Crime and ysti!i"ation')
arxist a##roa"hes to $aw &or 'arxists, the state, which ma!es the law, represents (directly or indirectly) the interests of the ruling "lass% *aw is a coercive instrument of the state, used to maintain the existing social order. hile some laws protect us all they do not protect us all e+ually. ',riminal laws against murder, rape, robbery and assault do protect us all but they do not protect the less powerful from being !illed, sexually exploited, deprived of their property, or physically and psychologically damaged through the greed, apathy, negligence, indifference and the unaccountability of the relatively more powerful.' (&hio, '()*) Cor#orate "rime is a real +iller, -egle"t o! sa!ety e.ui#ment / Pi#er Al#ha, 0erald o! Free 1nter#rise% 2nade.uate testing / Ford Pinto, $ow dose "ontra"e#tive #ills% Avoida3le industrial disease4a""idents%
,orporate crime in-ures '% Thalidomide . /000 . ,hemie 1runenthal falsified test data and concealed the truth about side effects. 5% #pren"
,orporate crime robs '% 1eneral 2lectric . price fixing 340 million. 5% 5offman *a 6oche . 7alium . N5S overcharging 894 million. 6% 'axwell . pension fund. #verall, the economic cost of corporate crime is greater than any other form of crime. Additionally, there is the social cost, corporate crime often involves a betrayal of trust.
Pear"e ('()7) 'Crimes o! the #ower!ul' 2xamines the relationship between the ruling class and crime: argues that the ruling class ; often uses criminals: for example. Ford and G 3oth used stri+e3rea+ers% Control o! 8nions%
Cham3liss ('()*) '9n the ta+e, From #etty "roo+s to Presidents' Suggests that the ruling class is an integral part of the criminal world. Study of Seattle, ;<=9.;<>9. ,rime occurs in all social strata . differences are in type of crime committed and in level of law enforcement. *eading crime syndicate . establishment figures: businessmen, politics, law enforcement. ,riminals belong to the elite. 6uling elite benefits from crime . money laundered finances legitimate business. 6uling elite crime is not penalised . blind eye and police corruption. 'arxists also refer to laws which are not passed (or even discussed). Acts that are not defined as crimes . for example, laws on wealth and poverty, hunger, etc. 'Isn?t it time to raise serious +uestions about the assumptions underlying the definitions of the field of criminology, when a man who steals a paltry sum can be called a criminal while agents of the state can, with impunity, legally reward men who destroy food so that price levels can be maintained whilst a si@eable proportion of the population suffers from malnutrition.' (0 and : ;"hwendinger, '()<) 'Those who are well off commit acts that are not defined as crimes and yet are as harmful or more so than the crimes people fear.' ($ea and =oung, '(*>) 'arxists argue that ideological hegemony (ruling class control of beliefs) ensures that these ideas are not even discussed, or are regarded as nonsensical.
Crime, Who gets "aught? ,rime is widespread but official statistics give the impression that crime is largely a wor!ing class phenomenon. This is refuted by self.report studies. 'iddle class crime is more expensive. Numerous examples, Con+lin ('())) robbery in AS cost 3B.C billion: hite collar crime 3C0 billion. Drosecution of the elite is rare, but occasional prosecution maintains the myth of e+uality before the law . '-ustice is blind'. The small number of elite prosecutions creates the impression that elite crime is minimal. $aw en!or"ement serves to #rote"t the "a#italist system, ,rime is presented as an individual #ro3lem . the system itself is not seen as a cause of deviance. Individuals rather than institutions and structural arrangements are to 'blame' for crime. Ey defining criminals as misfits it provides a -ustification for imprisonment: the nasty products of capitalism are thereby !ept hidden and this avoids +uestioning the system that produces such behaviour, for example, rapists and muggers. Additionally, such criminals can become scapegoats for the frustrations of the wor!ing class. 0all et al, 'Poli"ing the Crisis' suggests that moral panics (muggers, football hooligans, 9 poll tax rioters) occur as diversions during the crises of capitalism and they -ustify increases in social control measures. Box, 'Power, Crime and ysti!i"ation' suggests that the social control function of the police is of special importance. The police act as a 'front line' mechanism of oppression. In times of political crises, for example, the miner's stri!e, the urban riots of ;</;, the police are given greater freedom to act against subordinate groups. ''uch police behaviour seems most easily explained when one considers that whenever there is a conflict of interests between the dominant classes in a society and less powerful groups, the police protect the interests of the former and regulate the behaviour of the latter.' (Galliher, '()')
;te#hen Box / arxist analysis In traditional 'arxist analysis, crime is created by the social structure. In capitalist society, the desire for profit leads to greed and competition and breeds aggression. ,rime is seen as rational behaviour, a response to the nature of capitalist society. The type of response merely varies by class location, for example, wor!ing class mugging, stealing, prostitution: middle class business fraud. Eelow is a taster of a 'arxist analysis of crime drawn from ;te#hen Box, 'Power, Crime and ysti!i"ation', Some sociologists have... come to the conclusion that criminal law categories are ideological constructs... designed to criminalise only some behaviours, usually those committed by the relatively powerless, and to exclude others, usually those fre+uently committed by the powerful against subordinates. ,riminal law categories are resources, tools, instruments, designed and then used to criminalise, demoralise... and sometimes eliminate those problem populations perceived by the powerful to be potentially or actually threatening the existing distribution of power, wealth or privilege. Not every criminal law represents the interests of the ruling class. Some laws are passed purely as symbolic victories which the dominant class grants to inferior interest groups, basically to !eep them +uiet: once passed they need never be efficiently or systematically enforced. #ccasionally, the ruling class is forced into tactical retreat by organised subordinate groups... but these victories are short lived. Dowerful groups have ways and means of clawing bac! the spoils of tactical defeats. In the last instance, definitions of crime reflect the interests of those groups who comprise the ruling class. Some criminal laws are in all our interests. None of us wants to be murdered... none of us wants our property stolenF in that sense criminal law against murder, for example, is in all our interests. Eut this is not all the truth... some groups of people benefit more than others from these laws. It is not that they are less li!ely to be murdered or raped, for example, although the best evidence shows this to be true . but that in the criminal law, definitions of murder, rape, theft and other serious crimes are so constructed as to exclude many similar acts, and these are -ust the acts li!ely to be committed more fre+uently by powerful individuals. The criminal law defines only some types of avoidable !illing as murder: it excludes, for example, deaths resulting from acts of negligence, such as employers failure to maintain safe wor!ing conditions: or deaths which result from governmental agencies giving environmental health ris!s a low priority: or deaths resulting from drug manufacturers B failure to conduct ade+uate research: or deaths from a dangerous drug that was approved by health authorities on the strength of a bribe: or deaths resulting from car manufacturers refusing to recall defective vehicles because they calculate that the costs of meeting civil damages will be less. e are encouraged to see murder as a particular act involving a very limited range of stereotypical actors, instruments, situations and motives. #ther types of avoidable !illing are either defined as a less serious crime, or as matters more appropriate for civil proceedings... it may be -ust a strange coincidence that the social characteristics of those persons more li!ely to commit these types of avoidable !illings differs considerably to those possessed by individuals more li!ely to commit !illings legally defined as murder. The criminal law sees only some types of property deprivation as robbery or theft, it excludes, for example, manufacturer's malpractices or advertiser's misrepresentation: it excludes shareholders losing money because managers behaved in ways that benefited only themselves: it excludes the extra tax citi@ens have to pay because the wealthy are able to avoid tax, or because drug companies overcharge the N5S. If an employee's hand slips into the boss's poc!et and removes any spare cash, that is theft: if the boss puts his hand into the employee's poc!ets and ta!es their spare cash by reducing wages even below the legal minimum, that is the labour mar!et operating reasonably. The criminal law includes only one type of non.consensual sexual act as rape. It excludes sexual intercourse between husband and wife (not now though)F It excludes sexual acts achieved by fraud, deceit or misrepresentation. It excludes men who use economic or social power rather than force. The outcome is that men who have few resources other than physical ones are more li!ely to commit legally defined rape. Thus criminal laws against murder, rape, robbery and assault do protect us all but they do not protect us all e+ually. They do not protect the less powerful from being !illed, sexually exploited, deprived of what little liberty they possess, or being physically or psychologically damaged through the greed, apathy, negligence and unaccountability of the relatively more powerful. Another exam#le o! the wor+ o! Box is, @e"ession Crime and Punishment ('(*)) Is there a lin! between recession and crime, including corporate crime" &here has always 3een less resear"h on "or#orate "rime, Scarce funding. Ideological bias. Access. ost studies !o"us on one dramati" exam#le, Dinto car scandal (Gowie,;<>>) &ord 'otor ,o 400.<00 deaths. Scotia ,oal ,o (,audill,;<>>) 9= deaths. 2lectrical Industries Drice fixing (1eis,;<=>) 9< leading companies. C New Right Realism 2ntrodu"tion 6ealist criminologies are so called because of their emphasis on treating crime as a real and serious social problem that re+uires #ra"ti"al solutions, rather than simply a sociological problem that re+uires understanding. There is a commitment in this approach to pragmatic, policy.orientated research. These approaches came about in response to an increased concern over crime during the ;</0's, and also to a considerable rise in recorded crime. The 'law and order'debate became . and continues to be . (tough on crime, tough on the causes of crime) a central electoral issue. In the mid >0's in the ASA,Wilson ('()<) '&hin+ing a3out Crime', claimed that crime resulted from selfish and wic!ed people, and that the criminal -ustice system had gone 'soft' on criminals. ilson (6eagan's adviser on crime) advocated the strengthening of penalties for crime. Ey the ;<<0's, the ASA had the highest rate of imprisonment in the world. 'uch of the right realist approach comes across li!e common sense, yet it also draws on liberal ideas of freedom, choice (criminals chose crime), and responsibility. There are also functionalist ideas concerning communities and social order, at present reflected in the *abour Darty debate concerning "ommunitarianism% Aey areas o! analysis '% Poverty The lin! between crime and poverty is +uestioned, specifically the idea that poverty causes crime. ilson, in fact argues that affluence and prosperity may well be more lin!ed to rising crime. It was from the early ;<=0's, a period that saw the longest sustained period of prosperity since orld ar II that crime in the ASA started to soar. It rose at a faster rate and to higher levels than at any time since the ;<B0's. 'It all began in about 1963. That was the year, to over-dramatise a bit, that a decade began to fall aart.' (Wilson, '()<)
5% Culture It is suggested that there has been a decline in 'civility' and respect for authority in communities that are characterised by anomie and "ultural dis/organisation% Special mention is made of 'fatherless families' and its detrimental effect on young men denied an appropriate role model. &here is a denial o! any dire"t asso"iation 3etween unem#loyment and "rime% A""ording to Dennis and 1rdos ('((5), '5igh unemployment was associated with low criminality in the ;<B0's. *ow unemployment was associated with growing criminality in the ;<=0's. Anemployment between these extremes was associated with high and rapidly increasing crime in the mid.;</0's. In the early ;<<0's, there was high unemployment and high crime rates.' 1iven the lac! of correlation between unemployment and crime, which could have formed the basis for a structural explanation of crime, the new right turns to a cultural explanation. They see a decline in '!amily values', in particular a lac! of discipline both 4 inside and outside the home. urray ('((B), on the other hand, blames the welfare state. 5e argues that the welfare state has sapped moral fibre and eroded ,hristian ethics thus threatening family values. The welfare state, it is argued, has created a 'de#enden"y "ulture', which results in the wea!ening of the wor! ethic. The result is a social sic!ness, which reduces the strength of those moral values and mechanisms of social control so essential for preventing criminal behaviour.
6% 9##ortunity and "hoi"e 2xclusive blame is not placed on cultural factors outside of the control of individuals, such a view would be cultural determinism, and would remove, at least partially the notion of 'blame' and individual responsibility. 1iven their commitment to the idea that persons exercise choice and freedom of action it follows that they see an important aspect of deviant and criminal behaviour as freely chosen. Peo#le do not have to 3e deviant% A similar emphasis on choice can be seen in the wor! of Clar+e and ayhew ('(*B) at the 5ome #ffice. Their concern is the practical +uestion of how to control crime . hence the term ,ontrol Theory. The +uestion, why do #eo#le "ommit "rime? is reversed and instead they as! the +uestion, why don't #eo#le "ommit "rime?Their answer is because of social control and deterrents. Two factors in particular are identified, 'target hardening' and 'surveillance'. Although not actually right realists themselves, ,lar!e and 'ayhew do lend support to the belief that crime and delin+uency is a result of choice. = Crime Statistics Contem#orary #atterns @einer ('((7) #oints to a num3er o! "lear #atterns, Eetween the wars the level of crime remained relatively constant. 6ecorded crime has increased rapidly since ;<40. The ;<<C and ;<<4 crime statistics illustrate a =H fall in recorded crime. &he uses o! statisti"s, ,omparison . reveal trends. Dolice efficiency . clear up rate. Identify problem areas . resource allocation. Dublic information . for example, high crime areas. To explain crime . causation (positivism). 5owever, the general view is that they reveal more about the process of reporting and recording than about the extent of criminal activity. It is generally agreed that crime statistics are seriously flawed and that there is a dar+ !igure o! hidden "rime%
Fa"tors that distort "rime statisti"s '% &he #u3li" ost "rime is re#orted 3y the #u3li" (BC% &he BC; !ound that the #u3li", Gon't report petty crime. 6eport for personal advantage . insurance. Gon't report what they see as private matters . domestics. Gon't report friendsIfamily. Gon't report crime that could shameIfrighten them. Gon't report crimes that are un!nown . don't realise. *ea and Joung '*osing the fight' . some communities won't report crime. *ac! of confidence in police.
5% Disi3ility ,rimes without victims . drug dealing: prostitution. hite. collar crime . 'fiddles', 'per!s' . for example, Gitton. ,ustomersIpeople unaware they are victims. ,orporate crime . often dealt with by other state agencies. Gon't want to get 'involved'. In some communities, 'informal' policing might be used. Some crimes more li!ely to be reported . rape, assault over.represented in official figures" Dolice crime . Eox (;<<4) beating up suspects, fabricating evidence, etc.
> 6% Poli"e &he Poli"e de"ide, 6esponse . more li!ely to respond to some groups . DSI survey of the met. &ound more li!ely to respond to ethnic minorities% ,ategories . police decide what category a crime fits. Gispersal . police decide which areas to police. Gifferential enforcement . some offences rather than others. Giscretion . who to stop. ,ulture . promotion see!ing . arrests are important.
>% Courts /0H of offenders plead guilty . possibility of plea bargaining . negotiating Kustice, 6obertson (;<>>). 'a-ority who appear in court are wor!ing class.
<% edia and #oliti"s 2xistence of 'moral entrepreneurs'. 'arxists argue that law is used to repress wor!ing class. Dolice concentrate on wor!ing class areas. 'edia amplifies deviance and creates moral panics.
Con"lusion The statistics are so inaccurate that we don't !now if a recorded rise in crime is actually a rise, or -ust an increase in convictions. Similarly, with a fall in the crime rate, is it an a"tual !all or Eust the result o! !ewer "onvi"tions? #nly about B0H of recorded crime is actually 'solved'. Therefore, we can't tell to what extent convicted criminals resemble un.convicted ones.
Attem#ts to im#rove the relia3ility o! statisti"s ;el!/re#ort studies Box, Devian"e, @eality and ;o"iety "laimed that, The figures are not valid . people lie. The offences are trivial and of little relevance. They are not representative . deals with delin+uency rather than crime.
Di"tim surveys First used in 8;A with staggering results% BC; started in '(*'% ost re"ent F '((*% A large gap between crime committed and that recorded by police. 'ost crime committed against young males. / <