Ch. 6 - Marxist Criminology

Marxist Criminology

Unequal distribution of resources and how a structured social environment gives rise to crime and criminogenic conditions. Focus is placed on power and inequality, through the basic class divisions in society.

• Ruling capitalist class, with no plurality of power.

• Unequal division of power between two main groups in society: the ruling capitalists (bourgeoisie), who own and control the means of production, and the working class (proletariat).

• Created by Karl Marx and it builds on labelling theory.

• Emerged in the 1840s (Marxism).

• Criminal Marxism emerged in the 1960s - 1970s.

Historical Economic Development of Marxism

1840s - 1900s (Marxism emerged), 1950s - 1960s (Criminal Marxism emerged).

History is seen as a succession of “modes of production.” Not plurality of power: The ruling / capitalist class wields power and it rests within only a few hands (e.g., those that own the means of production - factory owners, landowners and media owners).

• Bourgeoise: Owners of production, are able to have access to power and resources because of their financial capital.

• Porterlait: Those that workers that carry out the tasks for the rich.

• Involves economic exploitation and class struggle (poor working conditions, usage of power to reduce the voices).

• Workers create more value than they are paid for, and the owners keep the extra profit (keeping part of the value that workers produce).

• Poverty, inequality, and alienation under capitalism create conditions for crime.

  • Economic inequality and capitalist social structures.

Bonger (Theorist) Argument and Year

1905, prosposed his viewpoint before Marx. Believed that as long as capitalist are aloud to exploit workers, workers suffer from “want and misery.” Workers’ (middle-class workers) basic needs are not being met, so you are going to have crime result from this.

• Took Marx’s theory and applied it to criminology (created Marxist criminology).

• Believed that:

  • Capitalism increases crime: Promotes egoism, competition, weakens social bonds, creates poverty and inequality.

  • Crime is socially caused, not biologically

  • Economic inequality leads to higher crime rates

  • The wealthy commit crime too: However, they are less likely to be punished.

Functionalist Approach

This consensus perspective adopted, in which everything was conceived as operating to sustain society as a whole. We all have shared values and interests in society. If an individual deviates from the social norm, then we bring him or her back into line and thus restore the equilibrium. In this fashion, individuals are socialized into the core set of values and common interests.

• This view of society characterized most criminological perspectives until the 1960s.

• Marxism became a mechanism to critique functionalism (social consensus).

  • Instead of viewing society as a geometric circle, it viewed society as a critical triangle.

  • Marx focused on a rebellion against the mainstream (resistance to Vietnam War, women’s liberation, Civil Rights).

Have and Have Nots

Marxism is a critique of capitalism which produces have and have nots. Each engaging in a specific branch of criminality that is focused on the working class.

Have nots (Proletariat): Crimes available for the poor to be labelled. This includes street crimes, and things such as murder, rape, theft and mugging. More publicized in the media, and discussed and criminalized overall within society.

• Do not own means of production, must sell labour to survive.

Haves (Bourgeoisie): Those with power and resources committing corporate crime that should be more punishable, but is not. May even be considered civil cases over criminal cases.

• Owns the means of production. Gained wealth through extracting surplus value from workers (paying workers less value than they produce). Laws and systems protect the powerful.

How Labelling Theory Relates to Marxism

Those within positions of power control the definition of crime. Ability of politicians, business people, lawyers, judges and others in power to label.

• Economic standing can effect things such as: Affording a lawyer, experts testify, to afford bail, can all effect the outcome of your trial.

  • Justice is not equally distributed.

• Criminal Justice System is not a neutral arbiter that treats everyone equally, but rather the state apparatuses (courts, policing and correction) operate in the service of capitalism.

  • Focus is on maintaining the current status quo.

  • Punishment is going to be harsher on working class, then upper class.

Different Class Labelling (Unequal Class Structure)

LMU

Lower class (poor): Violent street crime acts that are most punishable (murder, assault, theft, etc.) (blue collar crime).

• Over policing of the poor.

• As a society people and the media tend to focus more on blue collar crime (homicides, assaults, burglaries).

Middle class: Cheating on their taxes, social disapproval but are rarely punished severely. May be associated with fines rather then prison. They carry less stigma around the crimes.

Upper class: Corporate crime, not described as crime, rarely enforced and violations are light, white collar (economic crimes).

• Embezzlement, large scale corporate fraud.

• Incentive to marginalize the working class and produce more profit.

Takes the stance that the system protects white collar crimes committed by the upper class. Institutions maintain the status quo, of what has been done.

What Marxists Consider a Crime

Crime is any activity that interferes with any basic human right, and it causes social injury. Priority should be placed on human rights being protected, and crimes should be punished according to their impact.

Includes examples such as:

• Racism

• Human rights violations

• Engaging in environmental destruction

• Homophobia

• Xenophobia

Class Position - Equal Opportunity (Marxism Theory)

L & H

People do not have equal opportunity to commit all of the types of crime that exist. Types of crime that someone commits will be directly related to their position within the class society.

• Lower Class: People who are stealing out of necessity are not going to have access to the resources to run something such as a ponsey scheme.

• Upper Class: Those with more resources are not going to steal material objects because they do not have to.

Marxists Breakdown of Crime

2 Ways (SP)

1. Survival: Crime is created as a process for survival (e.g. trying to feed an addiction, trying to support children and gain food, medication needed).

2. Profit: Trying to maximize profit for yourself (and others potentially) (e.g. gain from an life insurance policy, inherent money, obtain more wealth and resources).

Economic class structure that is at the root of all criminality under this theory (depending on if you are lower, middle or upper class.

Prevention of Crime (Marxists)

Radical democratization addressing the concentration of wealth and power. This includes reducing elite control over law-making, and giving working-class people real political power.

• Marx said that this class inequality could lead to a revolution.

• Wealth redistribution would be required to avoid high levels of concentration of resources, where inequality becomes unsustainable.

• Re-orientation of people and resources, so that resources are more equally distributed throughout society (communism).

• Nationalization of products, organizations and resources: Collective ownership and control of means of production. Decrease the profit motive for businesses through this process.

  • Reduce the economic drive to commit crime when there is more access to wealth and resources.

Methods for Restoring the Criminal Justice System

• Radical democratization of institutions.

  • More opportunities for people to engage with the criminal justice process, restorative justice, transparency from the system.

  • Collective ownership of resources and means of production, redistribution of resources to those that require.

• Public accountability of the state (police, courts, prisons).

  • How are those involved in the system making decisions, what is their training and processes, how are we holding them accountable when they make mistakes?

• Upholding of human rights. Ensuring that people are treated with dignity and respect, reducing labelling, stereotyping, system racism, etc.

• Legal reform to protect workers (e.g. right to strike).

  • Ability to protest, organize, bargain and ensure economic rights are upheld.

  • Wages to be argued for, which can decrease the economic crime.

Quinney and Chambliss Scholars Argument

Crime is constructed in relation to class position (lower, middle or upper class). The powerful shape the process of criminalization in order to protect their own class interests.

• Different capacities to determine the content of the laws of that society.

  • Powerful ruling class will be more able to shape the criminalization process in ways that protect their class interests.

• Example is Industrial homicide (death that occurs at work): Frequently classified as negligence crimes. Administrative violations, as opposed to murder. Not treated as murdered even though it still resulted in death.

White and Van Der Velden Scholars Argument

Crimes of the powerful always have far more significant effects (lives lost, financial impacts). Things like the stock market, or workplace pensions. However, we prosecute the crimes that tend to be individualized and have less impact to society in some cases.

• Directed against other capitalists or against the rules governing the marketplace.

  • White collar and economic crimes are invisible crimes that are not apparent like theft.

• Crimes of the less powerful are highly visible and subject to mass state intervention involving police, courts, prisons, etc.

The Ford Pinto Case 1967

This can be used to apply the Marxist perspective. Pervasiveness of the profit motive in criminal justice.

• Ford Pinto car was designed in 1967 and sold in 1970.

• Tests demonstrated that the fuel tank would leak and rupture, causing the car to regularly catch fire and explode (when going 20mph).

  • Ford did a cost benefit analysis on how much it would cost them for a case, as opposed to fixing the car.

• People were killed, and others were severely injured.

• Ford was the first American corporation to be criminally charged. However, they were eventually acquitted but did receive the highest civil judgment in US history.

  • $20 million dollars, but still less than it would have cost them to fix the car problem.

• The judgement was still less than it would have costs them to fix the car when the problem arose.

Marxism Decline in Popularity

Was common in academia, criminal justice analysis and politics up until early 1980s. The theory began to loose support in the 1980s, due to the rise of another perspective (New Right Criminology - traditional conservative) and due to the:

1. Rise of Conservative Theories: Instead of blaming the economic system, people started blaming individuals.

2. Rise of postmodernism as a perspective: Criticized for being too simple and too focused on economics.

3. Demise of Stalinism: As the Soviet system weakened and eventually collapsed, many people lost confidence in Marxist political ideas more generally.

4. Demise of Marxist-oriented political parties: Many Marxist-oriented governments and parties around the world lost power or failed. This made Marxism seem less realistic as a political solution.

5. Growth of Broader Critical Criminology: Instead of strict Marxism, scholars developed critical criminology, looking at power and inequality, but including race, gender, colonialism, and identity. More flexible approach than traditional Marxism. Marxism didn’t disappear, it just evolved into something broader.

Where is Marxism Popular Today

Relevant with the broader appeal/authority in areas surrounding social justice such as:

1. Social justice (Feminist, LGBTQ)

   • Marxism is the basis for Feminist Theory.

2. Labour

3. Anti-globalization

4. Anti-poverty movements

5. Environmental and collective human rights activism

Critiques of Marxism

• Struggles to clearly define what counts as crime if based on “harm.”

  • If crime is based on harm, what is a crime and what is not?

  • Too broad and would involve many new crimes, which would lead to longer court waits.

  • Capitalism is blamed for every crime that exists.

• Ignores that some laws limit capitalists too (e.g. laws for corporations related to regulations, business requirements, taxation and government intervention).

• Poverty ≠ crime (not everyone who is poor commits crime).

  • Economics is not the root of all crimes (Marxism thinks it is). For example biology and psychology can play a role in crime.

  • People that are wealthy and poor may not commit crimes.

• Not all laws are about class and related to economics (e.g., rape, murder, intimate partner violence, are class-neutral).

• Power may be about more than just class (race, gender, etc.).

  • Patriarchal, systemic racism, colonialism.

Features of Marxism

• Structural Criminology Theory: Crime is explained by social structured, not individual choice.

• Radical Political Paradigm: Marxist is part of the radical political paradigm.

• Labelling Theory: Focus on power and class in labelling.

• Critical View in Triangle Political Orientation: That inequality is unjust. The system itself is not fair.

• Institutionalist Measurement of Crime: Can never measure all crime, the system is in control of measuring that depending on who is labelled a criminal, charged and incarcerated (also depends on whether the crime is “street” or “white” crime).

Liberal-Conflict Theories

It recognizes that conflict exists within society between competing groups, but sees the state as acting in the capacity of a neutral arbiter or umpire, independent of and not aligned to any particular class interest.

• Sees the state as a coordinating body within society.

• Positions that view society as comprising a variety of groups who compete for and have differing amounts of power.

Mode of Production & Two Groups

Each mode of production encompasses particular forces of production (e.g., tools, techniques), relations of production (e.g., lord–serf, capitalist–proletariat), and social institutions (e.g., monarchy, parliamentary democracy). So as societies move from, for example, feudalism to capitalism, we see a shift in the mode of production across these area.

Those who ultimately wield power are said to be those who own the means of production, the factory owners, landowners, and media owners; it is these individuals who will dictate the nature and shape of society.

• When societies move from, for example, feudalism to capitalism, we see a shift in the mode of production.

  • Because capitalists control the means of production, they control the political state including the state criminal justice institutions.

• Unequal division of power between two main groups in society: the ruling capitalists (bourgeoisie), who own and control the means of production, and the working class (proletariat), who sell their labour for wage.

Elements of Marxism

• Capitalists will always engage in economic exploitation of the workers.

• Always will put profits ahead of people.

• Struggle for workers to gain power and resources, will always be centered around class.

• Power and resources to influence decision making (e.g. politicians, lawyers, judges).

• Critique of capitalism (have and have nots).

• Focuses on the idea of the working class and their oppression.

  • Working class powers and constantly experiencing very strict and coercive powers by the state, and by those with power and resources.

House Un-American Activities Committee (HUAC)

A committee in the United States House of Representatives created in 1938 to investigate people suspected of being disloyal to the United States, especially those accused of supporting communism.

• HUAC tried to find communist influence in American society.

• It held hearings where people were questioned about their political beliefs and associations.

• If someone was suspected of being a communist or refusing to cooperate, they could lose their job or reputation.

• HUAC became famous for investigating the film industry in Hollywood.

  • A group of writers and filmmakers refused to testify about their political views and were labeled “unfriendly witnesses.” They became known as the Hollywood Ten.

Pluralism

The idea that many different groups, beliefs, and interests can exist and share power within the same society.

• Society is made up of many different groups (cultures, religions, political groups, organizations).

• No single group controls everything.

• These groups compete, cooperate, and influence government and society.

Radical Pluralists

Radical pluralism is a view that says power in society is not shared equally, even though it may look like many groups have influence. Society appears pluralistic, but in reality inequality keeps the same people disadvantaged.

• The same groups tend to stay in power (wealthy, powerful elites).

• Disadvantaged groups—such as the poor and racial minorities, remain at the bottom.

• There is not much real movement up or down the power ladder.

Marxists Perception of the Criminal Justice System

Because capitalists control the means of production, they control the political state including the state criminal justice institutions.

• There is class struggle between the bourgeoisie and the proletariat.

• While the system may seem to protect the interests of the working class (think minimum wages and labour laws) it is actually used against them by the ruling class.

• System is a tool used to control the working class, and crimes are defined in ways that help to accomplish this goal.

• Cause of crime is dictated by social forces, namely capitalism, that work to maintain the uneven distribution of power in society.

Marxism View on the Liberal-Conflict Approach

Marxism disagrees with this approach.

• From the more radical perspective, power is concentrated in a capitalist society, and the state and its personnel are not neutral.

• If one conducts a class analysis of the state’s functions, it becomes clear that the state is far from neutral and impartial.

• State apparatuses (the courts, judiciary, police, prisons, and community programs) operate in the interests of capitalism

Characteristics of Marxism

Definition of crime: Human rights conception, class interests.

Focus of analysis: Economic and state crimes of the powerful, economic and socio-cultural crimes of the less powerful.

Cause of crime: Institutionalized inequality, exploitation, and alienation, marginalization and criminalization of the working class.

Nature of offender: Choices of offender dictated by structural imperative to maximize profit, or by subsistence pressures, alienation.

Response to crime: Challenge state repression of the working class, expose the extent and nature of social harm by the powerful.

Crime prevention: Radical democracy, collective ownership and control over the means of production, redistribution of societal resources according to need.

Operation of criminal justice system: Democratization of institutions, public accountability, upholding of human rights, law reform to reflect working-class interests.

Legitimacy

What is accorded to a stable distribution of power when it is considered valid.

• Power is concentrated in a capitalist society, and the activities of the state reflect the interests of capital in general in fostering the accumulation of capital, in maintaining the legitimacy of unequal social relations, and in controlling the actions of those who threaten private property relations and the public order.

Crime Motivational Differences (Between the Powerful and Less Powerful)

• Crimes linked to wealth: Crimes of the powerful are linked to both a personal desire to augment one’s wealth and a structural imperative to get an edge in the overall capitalist economic competition. They include economic crimes (e.g., fraud, violation of labour laws, environmental destruction) and state crimes (e.g., misuse of public funds, violation of civil rights, corruption).

• Economic & Social Motivations: Crimes of the less powerful stem from a combination of economic and social motivations. In the first instance, they are related to efforts to bolster or supplement one’s income relative to subsistence levels; in the second, they may represent anti-social behaviour linked to varying types of socio-cultural alienation. They include subsistence-related crimes (e.g., shoplifting, workplace theft, welfare fraud) and socio-cultural crimes (e.g., vandalism, assault, public order disturbances).

Challenge of Marxism to the Functionalist Marxism Examples

Marxists argue functionalism: Ignores power differences, assumes society is harmonious, overlooks inequality and treats laws as neutral (when Marxists say they are not).

The law and criminal justice system directly serve the interests of the ruling class. Supports the idea that laws protect capitalism, and economic power. They do this specifically through:

Corporate Crime

• Large corporations committing fraud, tax evasion, environmental damage.

• Often receive fines instead of prison, showing unequal enforcement.

• Major corporate scandals like accounting fraud cases (e.g., large financial institutions receiving settlements rather than imprisonment).

Labelling Theory (Marxist Connection) Examples

The powerful decide who gets labelled as “criminal.” Working-class people are more likely to be policed and labelled. The state controls groups that challenge inequality.

Over-Policing of Poor Communities

• Higher surveillance in low-income neighbourhoods.

• More stops, searches, and arrests.

Drug Enforcement Patterns

• Certain communities are more heavily policed for drug offences, even when usage rates are similar across groups.

Liberal Conflict Theories

(Not fully Marxist, but influenced by it)

Crime results from conflicts between groups with different interests, not everyone agrees on laws. Law changes through power struggles.

Civil Rights Movements

• Laws once criminalized protests.

• Over time, laws changed due to social conflict.

Environmental Law

• Corporate pollution may harm communities.

• Laws evolve because of conflict between corporations and public interest groups.

Modes of Production Examples

(Core Marxist Idea)

This refers to how society organizes economic production. Economic inequality creates stress, resentment, and sometimes crime.

In capitalism: Wealth is owned by a small group, workers sell labour, inequality is built into the system.

Workplace Exploitation

• Low wages.

• Unsafe working conditions.

• Gig economy instability.

Industrial Disasters

• Unsafe factory conditions harming workers.

• Often linked to cost-cutting for profit.