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Notes include the whole class, powe...
Law is a reflection of societies shared values a
Crime: product of inadequate socialisation into these values
Not everyone is equally socialised into shared culture due to forming of subcultures
Miller: lower classes have developed independent subculture with own norms/ values which
explains why they have higher crime
Strain theory
People engage in deviant behaviour when opportunities to achieve it legit are blocked
Merton: US class structure denies WC to achieve money success which US culture values so
highly
Merton: ‘innovation’ use of new deviant means to gain wealth
Explains why WC have higher rate of utilitarian crime than MC
Subcultural theories
WC suffer from blocked opportunities to achieve by legit means
Cohen: WC youths are culturally deprived so lack means to achieve in education -> find
themselves at the bottom of status hierarchy -> frustration
Solution: form delinquent subculture, WC gain status from peers. Explains higher crime rates
Cloward/ Ohlin: illegitimate opportunity structures to explain why different crimes more
prevalent in WC
Labelling theory
Reject OS as useful + give a valid picture of which class commits most crime
Seek cause of WC crime (focus on why WC people are labelled + and stereotyped
Traditional Marxism:
Criminogenic capitalism: UP TO HERE
Marxists: crime inevitable in capitalism as capitalism is criminogenic- by nature causes crime.
Poverty -> crime is only way WC survive.
Crime is only way to consumer goods encouraged by capitalist advertising -> theft.
Alienation/ lack of control -> frustration -> non-utilitarian crimes (violence)
Win at all costs -> capitalists commit white collar + corporate crime e.g. tax evasion.
Gordon: crime is rational response to capitalist system + found in all classes
Snider: 'Corporation Crime'
, Snider: corporation crime is most serious crime in modern industrial countries.
Street crime in USA cost $4 billion Corporation crime cost $80 billion to fix.
Little prosecution of corporation crime: costly + little chance of success.
Gordon: 'Law Enforcement'
Gordon: crime is rational response to capitalist system, found in all social classes
Why?
1. Economic infrastructure influences social relationships, values (max profit and wealth).
2. Economic self interest above collective well being.
3. Competition encourages individual achievement at expense of others e.g. aggression.
How does law enforcement support capitalism?
By punishing WC, blaming them and drawing attention away from the 'system'.
Imprisoning WC neutralises opposition 'legitimately'.
Defining criminals as enemies of state justifies to keep them hidden- if made public they
could question the whole 'system'.
The state and law making:
Marxists: law making/enforcement only serving interests of capitalist class
Chambliss: laws to protect private property are the cornerstone of the economy.
Eg: intro of English law into Britain's East African colonies. British introduced tax payable in
cash to force African population to work for them.
Law served economic interests of capitalist plantation owners as cash to pay tax only be
earned by working on plantation
Ruling class have power to prevent intro of laws that would threaten their interests
Snider: capitalist state reluctant to pass laws that regulate activities of businesses or
threaten profitability.
Selective enforcement:
Marxists: courts ignore crimes of powerful.
Ideological functions of crime and law:
Some laws benefit WC: workplace health, safety laws
Pearce: laws appear to benefit WC often benefit ruling class
Eg: by keeping workers fit for work.
State enforces law selectively -> crime appears WC phenomenon ->division of WC by
encouraging workers to blame criminals in area for problems, not capitalism.
Media portrays criminals as disturbed individuals, conceals nature of capitalism that makes
criminals
Evaluation of traditional Marxism:
Shows link between law making + enforcement + interests of the capitalist class.
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