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What does David Gordon mean by criminogenic capitalism?
Capitalism is crime producing. Crime is an inevitable and natural outcome of a capitalist society. It is a rational response to inequality and competitiveness and is driven by materialism, greed and self interest.
According to David Gordon 1971 why do the proletariats commit crime?
poverty/low wages so for survival
Commit non utilitarian crime due to frustration caused by oppression and alienation
Capitalist advertising creates false need, relative deprivation and consumer culture
According to Gordon 1971 why do the bourgeoisie commit crime?
greed/self interest
Competition - dog eat dog
Power hungry
What are the criticism of David Gordon’s criminogenic capitalism?
the theory suggests there is no crime in communist societies which is not true
Not all working class people turn to crime so it’s too deterministic
No realistic solutions
What do Marxists think of laws?
That they are an instrument of the ruling class and reflect their ideology and interests. They are not explicitly written to benefit the rich and powerful but may functionally do so.
What does William Chambliss 1975 argue about laws? Give some examples.
He argues that legislation very much protects private property and wealth. For example, crimes of the powerful are punished by fines, CEO bonuses are uncapped, the Non- domiciled status allows wealthy individuals who live in the UK but claim their permanent home is abroad to avoid paying UK tax on overseas income, and finally legal aid, sentencing and punishment of offenders act 2012 has made it harder for low income people to access justice while the wealthy can afford private legal representation.
What does Laureen Snider 1991 argue about laws? Give some examples.
She argues that some laws appear to protect the working class but are only passed when forced to do so by the public or union pressure. Even when passed they are rarely enforced properly and fairly. For example, workers rights e.g. minimum pay sick pay, health and safety laws, environmental pollution laws
What is a weakness of Laureen Snider’s views?
Many laws are in place to protect and support the working class/most vulnerable e.g. the NHS Act 1946- free healthcare at the point of need, benefits act 1992, the equality act 2010
What is selective law enforcement?
Where the CJS and police apply the law disproportionately to different groups. They have the power to choose who to police and when and where to enforce certain laws.
What does Reimann suggest about selective law enforcement? Provide evidence.
He suggests that the police ‘over control’ the working class i.e. their crime and their areas. The working class are disproportionately prosecuted and punished for crime and so blamed for crime. This is evidence by official crime statistics that show that crime is a working class activity.
What are the consequences of selective law enforcement?
This leads to crimes of the powerful being ignored and under prosecuted even though they are often way more harmful than street crime. Therefore, the statistical cycle repeats itself.
What did Frank Pearce mean by crimes of the powerful?
Pearce used this term to refer to a number of different crimes committed by those in power and drew attention to the huge harms they brought to society on a scale way beyond street crime.
According to Pearce and Tombs 1999 what is corporate crime? give an example
Any illegal act or failure to act that is the result of deliberate decisions or culpable negligence by a legitimate business organisation that is intended to benefit the business.
e.g. The Bhopal chemical disaster 1984 - a gas leak from a pesticide company called union carbide that was operating below safety standards (culpable negligence). As a result thousands of nearby residents died, there were huge health impacts i.e. cancer, birth defect, respiratory illnesses, unemployment, poverty, long term environmental impacts i.e. water contamination. There were no criminal convictions, the company was only issued a fine in the form of compensation to the victims; however, it was so low it only covered basic medical treatment.
What is white collar occupational crime according to Sutherland 1983? Give an example.
A crime committed by a person of respectability and high social status in the course of their occupation.
e.g. Bernie Madoff - hid a $65 billion Ponzi scheme within a legitimate business. There were thousands of victims, all investors. Madoff was trusted and respected and so he had the ability to convince and persuade which meant he was able to scam thousands of people off of billions of dollars.
According to Green and Ward 2005, what is state crime? give example
illegal or deviant activities perpetrated by the state or with the complicity of state agencies. they may be committed by or on behalf of nation states or in order to achieve their policies.
e.g. Russia’s war in Ukraine 2022-now - targeting civilians, torturing them
What is state-corporate crime and give an example.
When the government, its agencies and numerous corporations are incompetent, negligent and put profit before safety. system failure.
e.g. the Grenfell tower fire - the disaster happened because the government did not update regulations about flammable building materials despite evidence of danger and furthermore the company Arconic knew the material of the cladding was highly flammable and dangerous yet still sold it to many building companies. the firemen were also not properly trained. As a result, 72 victims died, dozens were injured. However, there were no criminal convictions.
How do the powerful get away with crime?
their crimes are easily concealed because of their positions of trust, authority, and power
the nature of the workplace - boardroom and offices which is not where typical crimes or committed - selective law enforcement
they are surrounded by ‘enablers’ so a network of people who protect them
difficult to investigate and prove because of their complexity such as many victims, untraceable documents and events, walls of silence
economic and linguistic capital - they can afford the best lawyers to escape justice and use the elaborated code.
What are the strengths of Marxist theories of crime?
a useful approach in explaining different types of crime - utilitarian and non-utilitarian
explains different perpetrators of crime across the class system - street crime and crimes of the powerful.
What are the criticisms of marxist theories of crime?
they over emphasise property crime and class inequality - ignore other inequalities
reductionist in the causation of crime, they simplify a multi-faceted issue - what about biological or psychological factors?
over-deterministic - people choose to commit crime since we have agency e.g. many working class even the poorest choose not to commit crime
crime is not exclusive to capitalist societies therefore capitalism is not the sole cause of crime.