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SO505: Sociology of Crime and Deviance Essay Assessment (30% - 2500 words – Thursday 29 th March 3pm) How does left realism differ from more traditional forms of Marxist criminology? Marxism and critical criminology: CORE READING: Toward a political economy of crime (William J. Chambliss) Chambliss, J. W (1975). Toward a Political Economy of Crime. Theory and Society. Vol.2(2), pp. 149-170 - General Marxist theory starting point for understanding society is the realisation that the most fundamental feature of life is their relationship to the mode of production - Mode of production = means of production (technological processes) and the relationship of different classes to the means of production (whether they own them or work for those who do) - Most fundamental distinction of modes of production would be societies where the means of production are owned by the state (e.g the Soviet Union) as contrasted with societies where the means of production are controlled by small groups of workers (e.g Yugoslavia) or where the means of production are owned by collective units of workers, farmers and other strata (e.g China) where different modes of production would lead to different social relations and therefore different forms of crime and criminal law - Capitalist societies are when the means of production are in private hands and inevitably develops a distinction between the class that rules and the class that is ruled which may create crime often in a violent way as a result of the contradictions - For the system to expand, it is essential that the bulk of the population be orientated to consuming what is produced - However, in order to maintain the ruling class, it is essential for people to work alienating and unrewarding tasks - There should always be an incentive to performing unrewarding tasks in order to produce a reserve labour force in case workers refuse to do their job, the ruling class will have back up to perform these tasks - Capitalism creates the desire to consume and an inability to earn the money to purchase items they are taught to want - Second fundamental contradiction: the division of society of the ruling class and the working class inevitably produces conflict between the two classes - The state often acts in the interests of the owners of means of production and will pass laws designed to control the acts of the proletariat which are likely to threaten the bourgeoisie – these acts are defined as criminal - As capitalism develops and conflict between classes continue, more acts are defined as criminal - The criminal law is therefore a set of rules laid down by the state in the interests of the ruling class resulting from conflict in class structured societies - Criminal behaviour is therefore the inevitable expression of class conflict resulting from economic relations The operation of criminal law:

1) Acts defined as criminal because it is in the interests of the ruling class to do so 2) Members of the ruling class are able to violate the rules while members of the subject class will be punished 3) As capitalist societies industrialise and the gap between the bourgeoisie and the proletariat widen, penal law will expand with the efforts to make the proletariat act in favour of the ruling class The consequences of crime for society: 1) Crime reduces surplus labour by creating employment for criminals, law enforcers, welfare workers and people who live off the fact that crime exists 2) Crime diverts lower class attention from their exploitation directing it towards members of their own class rather than the capitalist class or the economic system 3) Crime is a reality existing only as it is created by those in the society whose interests are served by its presence The aetiology (causes) of criminal behaviour: 1) Crime is a reaction to the life conditions of an individual’s social class as they act rationally in ways that are compatible with their class position 2) The political and economic structure of a society affects the crime rate 3) Socialist societies should have lower crime rates because less intense class struggle should reduce forces leading to crime -

The operation of criminal law (non-Marxist view) is a reflection of widely held beliefs which spread ‘healthy consciences’ in society

The Marxian theory of criminal law: - Little evidence to support criminal law being a body of rules reflecting strongly held moral dictates of society - Occasional studies on the creation of criminal law tracing legal innovations to the ‘moral indignation’ of a particular social class - Different in situations where laws emerge from a community consensus - The rule by a small minority which occupies a particular class position and shares a viewpoint brings them together as an effective force of social change - However, there is also considerable evidence showing the critically important role played by the interests of the ruling class as a major force in the creation of criminal laws (Jeremy Hall analysis of emergence of theft laws and Chambliss study of homelessness laws) - In some areas of criminal law, it seems as though law enforcement agencies are solely responsible for the shape and content of laws, but drug laws are best understood as laws passed as a result of efforts of law enforcement agencies which managed to create a consensus - Gabriel Kolko study of the creation of laws controlling meat packing and railroad industries in the US shown how the largest corporations in these industries were involved in a campaign for federal control of the industries as control would mean increased profits for the large manufacturers and industrialists – laws being passed in favour of upper class interests - Support for the Marxian theory shows the important force behind criminal law creation is doubtless the economic interest and political power of the social

classes who own or control the resources of society or occupy positions of authority in the state bureaucracies The aetiology of criminal behaviour: - Everyone commits crime and many people whether poor or rich are involved in a way of life that is criminal - People become criminal through association with ‘criminal behaviour patterns’ - Criminality is not something that people have or don’t have, and crime is not something that only some people do but a matter of who can pin the label on whom - Criminal acts are widely distributed throughout social classes in capitalist societies - In the enforcement of the law the lower classes are subject to the effects of ruling class domination over the legal system resulting in a concentration of criminal acts among the lower classes in official records - Control of the state by the ruling class would lead to a perceived lower level of crime among the ruling class - Many acts committed by lower class are in the interests of the ruling class (e.g violent crimes, drug use, alcoholism etc) but are just as likely to be widespread across the upper class and the lower classes - Marxism paradigm must account for the fact that the law will reflect conflict between members of the ruling class (e.g laws restricting misrepresentation in advertising are laws which serve to reduce competition among the ruling class Hall, S (2013). Policing the crisis: mugging, the state, and law & order. Palgrave Macmillan. - The problem of present conditions making the poor poor (the criminal to take to crime) are the same conditions which make the rich rich (allowing the lawabiding to believe the social causes of crime will disappear if criminals are punished harsh enough) - ‘mugging’ provoked an organised response as it was linked to the widespread belief about the alarming rate of crime and a common perception that this rising crime was also becoming more violent - Evidence of being in the presence of an ideological displacement? – a moral panic - Many crimes reported in the press at the time they occur are not subsequently followed through partly because the criminals are not always caught and partly because the coverage of the trial is not always ‘news-worthy’ - When moral panics are created, scape goats that are targeted are often working-class people which creates a negative label possibly resulting in a self-fulfilling prophecy - Moral panics are often targeted at violent crimes or crimes of the media which are less likely to be involved with the upper-class population – crimes are seen in the media to only be a product of working class violence - Crimes of the working class are usually those that are considered ‘newsworthy’ which is why they are more likely to be presented in the media compared to upper class crimes (e.g white collar crime and corporate crime) which the public take less of an interest in – produces a focus on working class crime and creates the impression that crime is more common amongst the working class population

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Upper class individuals also hold the power to control how crime is perceived by the public, their social and economic power allows them to produce the impression that they are less likely to commit crimes compared to the working class

LEFT REALIST CRIMINOLOGY -

Right realists take the concept of crime as it is, but critical realism is more critical questioning the concept of crime Right realists – the state and the law are unproblematic as it is there to guide us and provide social sanctions Critical realists – making social change means having connections with the state and remain critical recognising the state engages in malpractices Left realists are realistic in appraisal of crime and causes Crime is seen as a product of the class and patriarchal nature of advanced industrial society

CORE READING: Jock Young – Left Realist Criminology “Radical in its analysis, realist in its policy” Young, J., (1997) ‘Left Realist Criminology: Radical in its Analysis, Realist in its Policy’ available at http://www.malcolmread.co.uk/JockYoung/leftreal.htm - Crime lays within the core institutions of society (relationships of class and gender and central values such as competitive individualism and aggressive masculinity) - Crime is a product of the workings of social order rather than a product of abnormality Differences to Marxism: - Deals with other social divisions such as age, race, class and sex as important aspects of analysis rather than just class itself - Marxists argue that crimes of the powerful are more important types of crime and street crimes are unusual although local crime surveys by Left Realists show that crime hits all classes and demonstrates a real concern over street crime - Criticise Marxists for ‘romanticising’ WC crime as most crime is intra-class rather than inter-class - Marxists argue that police are ‘enemies’ of the state but local crime surveys demonstrate that people in inner city areas want more policing to protect them, so it is argued by LR that police have to be oppressors and can be a help to the WC 3 explanations for crime: 1) RELATIVE DEPRIVATION – feeling deprived compared to other people causes crime (poverty remained the same between 1930 and 1980 but crime rates increased during the 80’s) so having high expectations and the reality of what can be achieved encourages people to turn to crime 2) SUBCULTURES – relatively deprived groups adopt certain lifestyles to deal with their situation which could lead to the formation of a subculture (Lea and Young argue that subcultures develop as a response to the problems from the

social and economic structure and although the values of a subculture may differ to mainstream values, they are distinct rather than separate as individuals still hold mainstream expectations) 3) MARGINALISATION – marginal groups lack organisations to represent political interests and resort to rioting for political action (e.g young people are often vulnerable to marginalisation) Dealing with crime: - Flaws in policing? (Kinsey, Lea and Young) – improving relationships with the community is likely to lower crime rates so the public have more say in shaping police policy and officers spending more time investigating crimes - Young argues that some areas of crime are over policed (e.g underage drinking) whereas others such as racial assault are under policed - Tackling the causes of crime – improved policing alone will not solve the problem but believes that the problem of crime lies within the roots of social inequality (e.g improved leisure facilities for young people, improving living standards and reducing unemployment and inequality as a whole will reduce crime rates successfully) The square of crime (when examining a crime, the following 4 aspects must be considered): 1) The state – decides what is “criminal” and what is not so all crimes happen in the context of the state. Also considering social forces that influence the police (how different styles of policing have an effect on crime levels) 2) The offender – why do people offend? What motivates a criminal? 3) The public – considering the factors that influence public attitudes and responses to crime (public responses may produce stigmatisation which is a powerful determinant of behaviour and may apply certain labels to certain acts) 4) The victim – the victim decides whether a crime has taken place so it is important to consider what makes victims vulnerable in a macro and micro sense. EVALUATION OF LEFT REALISM: + Left Realism neither glorifies or attacks the police + Explores the role of the victim in much more depth than many other theories + Promoted such debate and theoretical discussion within sociology + Revived useful concepts such as ‘relative deprivation’ - Drawn ideas from existing theories so sometimes failing to acknowledge the origins of the work - Failed to deliver in a form of empirical research - Falls back on a traditional definition of crime which is argued by Marxists to be constructed by the state for its own benefit - Fails to explain street crime and gather sufficient evidence on the motives of criminals (Hughes) - Fails to explain why only some relatively deprived turn to crime ( Jones) - Corporate and white-collar crimes are unable to be explained through the framework of Left Realism (Ruggerio) -

Labour government slogan “tough on crime, tough on the causes of crime” mirrors the fundamental concepts of left realist thinking and policies are

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implemented so the public are more involved in police routine tasks which gives officers more time for investigation and follow up work Jock Young argues that the period of late modernity will lead to the crime problem becoming worse as it is characterised by a deterioration of community spirit, reduced moral consensus and extreme instability making crime more ambiguous – the problem of crime will not be tackled until these problems of social inequality are dealt with by the state

Young, J. and Matthews, R. (1992) (eds.) Issues in Realist Criminology. London: Sage. -

Often suggested that realism is a revamped version of traditional criminology (victimisation replacing crimes known to the police, traditional goal of search for the causes of crime, criticising the role of the criminal justice system at a superficial rather than fundamental level

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Only attempt to explain the reality of crime by focusing on only one part of the phenomenon (e.g the square of crime should make it clear that all crime involves the social action and reaction of the victim and the offender)

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Realism attempts to understand the construction of crime as a process which involves 4 central elements (the offender, the victim, the state and the public) recognising there is nothing ‘intrinsic’ in the act itself which defines it as a crime, so realists do not accept official definitions of crime unquestioningly

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The issue of ‘fear of crime’ has been addressed by realists who have taken the issue with those who have seen fear of crime as irrational (particularly for women and the elderly) but fear of crime remains and ideological category and treated like a unitary phenomenon

Akers, R (1979). Theory and Ideology in Marxist Criminology. Criminology. Vol.16(4), pp. 527-545 -

Criminologists behave as they do ‘to control anything that threatens the capitalist system’

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The theory does not offer an answer to the question why people in elite groups whose interests are supposedly particularly served by the law also commit crime

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Research showing little discrimination by social characteristics and the great importance of legalistic variables in criminal justice processing has not been satisfactorily explained by any variety of criminology

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Democratic ideology promises a better world that utopia envisioned by communism with a central vision of a classless society with no vision of individual rights and freedom

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Socialist societies have been unable to deliver on the promise of classlessness and economic equality by characterised by self-serving elites or dictatorships which closely resemble the ruling class controlling the criminal justice system

Hopkins-Burke, R., (2001) An Introduction to Criminological Theory, Cullompton: Willan. Chapter 15 (‘Left Realism’). -

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Emerged from a response to the rising tide of criminal victimisation that was becoming increasingly apparent in British society where poor people were overwhelmingly the victims Also influenced by the rise to the power of populist conservatives (‘new right’) and the rediscovery by right realists of the rational actor model of criminal behaviour Critical criminology made important contributions to the study of the crimes of the powerful such as corporate crimes, white collar crimes and government wrongdoings ‘take crime seriously’ (Lea and Young) Crime is not purely a social construction nor is the fear of crime shared by a number of people Evidence of victim studies which showed official statistics presented an incomplete and even inaccurate picture of the impact of crime (shown in ‘What is to be done about Law and order?’ by Lea and Young Advantages of victim studies include: revealing offences and incivilities which may not have been reported to the police but still caused misery to those who suffered from them and also provide a truer impression of the situation in particular areas where offending might be concentrated For example, national statistics suggested women are less likely than men to be victims of homicide, but closer examination shows the chances of a black woman being murdered are greater than a white male Left Realists argue that crime is a real problem that should be addressed and although corporate crime affects a number of people, the effects are usually widespread and those in direct contact of the crime are concentrated The real problem for those living in high crime areas are in danger of the offenders within them so Left Realism takes into account the immediate fears that people have and seeks to deal with them People in high crime areas suffer from individual offences that may not be reported to the police but also suffer a number of incivilities such as vandalism or noise and swearing where they are not directly victimised but still reduce the quality of life and increase despair Police excesses are also argued to cause crime, police harassment of minority groups cause resentment and feelings of helplessness that may actually encourage offending ‘Military style policing’ creates a mentality among residents of an area that discourages them from assisting to the police in their investigations (e.g Brixton riots April 1981) Left realism draws on the lessons of anomie theory and argues that young African Caribbeans in Britain commit more crime because they have been

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fully integrated into the surrounding culture but not being able to achieve their promised position through legitimate means due to discrimination leads them to turn to crime Left realists doubt the existence of the relationship betwee...