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Why are functionalist, strain and subcultural theories called problem takers
These theories are called problem takers as they take for granted that official statistics are broadly accurate and that working class crime is the problem that needs to be explained
Why do Marxists agree with labelling theory
Marxists agree with the labelling theory that law is enforced disproportionality against the working class and official statistics cannot be taken at face value
Why do Marxists also criticise the labelling theory
Criticise labelling theory for failing to examine the wider structure of capitalism within which law making, enforcement and offending take place
What are the 4 key features of Marxism and crime
•capitalist society is criminogenic
•law reflects ruling-class interests
•criminal law has ideological functions
•selective law enforcement
What is criminogenic
crime is inevitable
What is capitalism
Capitalism is an economic system based on the private ownership of the means of production and the maximisation of profit
What does capitalism emphasise
Emphasises individual gain rather than collective wellbeing.
What type of system is capitalism
A competitive, exploitative system in which some gain at the expense of others.
What does the obsession with personal gain do
The obsession with personal gain and coming out on top that breaking the law seems like a minor barrier to success
What are the reasons that capitalism gives a rise in working class crime
Poverty may mean crime is the only way to survive
Capitalism encourages the possession of luxury goods through ads, turning to theft may be the only way to get items
Alienation and a lack of control over their life may lead to frustration and anger resulting in violence or vandalism
What do Marxists believe about crime and all levels of society
Marxists believe crime leads to ALL levels of society- not just the working class
How does Chambliss reinforce this belief of all societies
Chambliss- greed, self-interest and hostility is generated by the capitalist system, motivate many crimes at all levels within society as members of each society use whatever means and opportunities their class position provides to commit crime
What leads to white collar crime
Capitalism is a ‘dog eat dog’ system, the need to make profit above all else leads to white collar and corporate tax evasion and breaking health and safety laws
What does David Gordon argue on crime as a rational response
David Gordon- argues that crime is a rational response to capitalism- it makes sense, in a dog eat dog society where competition is the order of the day - this is why it is found in all social classes yet statistics make it seem as if it is a working class problem
What are laws seen to do in a capitalist society
Laws in capitalist society are seen to reflect the interests of the dominant capitalist class.
What does Mannheim argue on protection of private property
Mannheim- argued the law protects private property and therefore protects the wealth and profit of the rich/ruling class
What are laws an expression of
Laws are an expression of Value Consensus (functionalism) but a reflection of R/C dominant ideology
What does Chambliss see the cornerstone of a capitalist society as
Chambliss- laws to protect private property are the cornerstone of the capitalist economy
What is the introduction of English laws into Britains East African colonies
Chambliss- the local economy was not a money economy, therefore to force the reluctant African population to work for them, Britain introduced a tax payable by cash, if you did not pay, it was a criminal offence which meant Easy Africans were forced to work for Britain
What did this law serve
This law served the economic interests of the capitalist plantation owners
What is Chambliss’ example of vagrancy laws
Chambliss- vagrancy laws passed in England in 1349, the law made it illegal to give money to any person of sound mind or body who was unemployed - forcing such people to work for landowners in order to survive
What do the ruling class have over laws
The ruling class also have the power to prevent law that would threaten their ability to make profit
What does L.Snider say on capitalist state and laws
L.Snider - capitalist state is reluctant to pass laws that regulate the activities of buisness that may threaten profibility
What does Box state on blocking laws
Box- states that the ruling class have the power to block laws that aren’t in their interests
What is selective enforcement
The law is enforced selectively as there is a systematic bias in favour of those at the top ‘there is one law for the rich and another for the poor’
What does Reiman state on crimes committed by higher classes
Reiman- argued that crimes committed by higher social classes were less likely to be detected, prosecuted or even viewed as a criminal offence
What are treated well by the criminal justice system
Crimes committed by higher classes are treated more forgivingly by the CJS as
What is an example of higher classes getting away with crime
Tex evasion is rarely prosecuted but social security fraud is always prosecuted
How is corporate crime extremely harmful
Much corporate crime is extremely harmful to individuals and communities and is committed because of pressure on executives to cut costs and therefore corners, in order to maximise profits
How is crime an ideological function
Laws are occasionally passed that appear to be for the benefit of the working class, rather than capitalism, such as workplace health and safety laws
What does Pearce argue on laws for the ruling class
Pearce- argues that such laws often benefit the ruling class to keep workers fit for work
How does selective enforcement divide the working class
Selective enforcement makes working class crime a large phenomenon, dividing the working class by encouraging workers to blame the criminals rather than capitalism
How does the media portray crime
The media portray criminals as disturbed individuals, concealing the fact that it is the nature of capitalism that makes people criminals
Snider’s ideolological corporate laws
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What are the government reluctant towards
Snider- governments are reluctant to pass laws regulating business activities threatening profit
What are consequences and the only reason laws are passed
Consequences for human life or the planet are not priority therefore laws are only passed when forced to act by sudden public crisis
What happens when laws passed
When laws are passed or enforced they have an ideological function, concealing the true nature and actually benefitting ruling class
What does the prosecution of ruling class do according to Gordon
Gordon- the prosecution of ruling-class crime perpetuates the fiction that the law operate a for the benefit of society as a whole, that the state represents the public interest and that’s the extent of ruling-class crime is small
According to Gordon- What does punishment of the subject class do
Gordon- By selecting members of the subject class and punishing them as individuals, it protects the system that is primarily responsible for their criminal deviance. Individuals are defined as ‘social failures’ and as such they are responsible for their criminal activities
What does imprisonment of selected members do
Legitimately neutralises opposition to they system
Strengths
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What does it offer
It offers an explanation of the relationship between crime and capitalist society
What link does it highlight
Highlights the link between law making and enforcement and the interests of the capitalist class
What does it place doubt on
Places doubt on the validity of official statistics of crime as Marxists focus on all aspects of society not just working class
What has it influenced
It has influenced recent approaches to the study of the crimes of the powerful
Limitations
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How is it too deterministic
Too deterministic while rarely considering individuals free-will as not all laws favour the ruling class
What does it ignore
It ignores the relationship between crime and other inequalities such as ethnicity and gender
What does it over-predict
It over-predicts the amount of crime in the working class. Not all capitalist societies have high crime rates
How does feminist sociologists criticise Marxist theories
Feminists sociologists have argued that Marxist theories put undue emphasis upon class inequality. From their point of view. Marxist theories ignore the role of patriarchy in influencing the way the criminal justice system operates. In a similar way Marxists have also been accused of racism in the enforcement of laws