The legal system was created by and for the ruling class (cishetero white males) in order to keep the rich rich and the poor and oppressed poor and oppressed.
To this end, crimes the poor commit (such as burglary) are heavily penalized, while crimes the rich commit (such as racism or insider trading) are not.
Many of the “crimes” of the oppressed (like rape, assault, mugging, and mass rioting) shouldn’t be considered crimes at all, but are just desperate attempts at survival
The “real crimes” are things like racism, sexism, homophobia, etc., which create the oppressive capitalist society that creates common street crime
When racism sexism, homophobia, etc. are outlawed, then we can create the perfect socialist state which will have no crime.
Creationism is more factually solid than Critical Criminology, but Critical Criminology is taught in real universities alongside real theories about how the world works.
But let’s step back a moment. #1 is at least partially true–the rich do have a disproportionate influence on the legal system and the poor are often at its mercy. Corporations and wealthy individuals do use their money and influence to get legislation written and enforced in ways that benefit themselves.
But which crimes, exactly, are the rich interested in prosecuting? Do they care if a drug addict steals wallets down in the ghetto? They don’t live in the ghetto. They use their money to insulate themselves from violent crime by buying houses in nice, gated neighborhoods with private security forces.
It’s the poor who are the primary victims of crime, and it’s the poor who’d like murderers to be arrested. Only someone who is rich enough not to live with the threat of violent crime could possibly say something as stupendously idiotic and insensitive as “rape and assault aren’t real crimes.”
If critical criminologists are the wealthy, then wouldn’t they, logically, be trying to reshape the legal system to benefit themselves?
Meanwhile, they accuse the wealthy of racism, sexism, homophobia, etc., but these attitudes are actually associated with the poor. Rich whites absolutely pride themselves on being open-minded, tolerant, anti-racist, feminist, etc, and are horrified at all of the racist, sexist, Islamophobic bigotry embodied in low-class Trump voters.
So the crimes these wealthy critical theorists are trying to get outlawed are not things that the rich are doing, but things the rich want the poor to stop doing.
Here I could cite a dozen examples, from Hate Speech laws in Britain being more strongly enforced than rape laws to Hillary Clinton’s “Would bringing down the banks end racism?” speech to Piers Morgan complaining about Islamophobia.
Why are the capitalists so intent on smashing bigotry in all its forms?
Simple: Capitalism wants to make money. Capitalism doesn’t care about oppressing brown people, or women, or gays, or Muslims, or foreigners, or anyone. Capitalism just wants the best possible ratio of worker quality : worker cost. If Mexicans can do the same job as Americans for half the cost, then capitalists want to hire Mexicans and they want Americans to stop trying to pass laws limiting the number of Mexican immigrants who can come work for the capitalists. If Europe is facing a labor crisis because Europeans haven’t made enough new workers to fill the factories and finance the welfare state, then European capitalists must import new workers and they want European workers to stop complaining about the terrorist attacks. Capitalism just wants to hire “the best person for the job” or at least the cheapest person who’ll do an adequate job.
The only odd part is that capitalists are wrapping themselves in the Communist flag while imprisoning people for objecting to the importation of cheap, union-breaking labor. We could accuse them of lying–or gaslighting–except many of them seem to really believe it. Perhaps socialism provides the necessary tool for lying to themselves. “Oh, I am not actually screwing over the poor by advocating on behalf of my own profits.” Most people don’t like to think of themselves as nasty, evil, and self-serving, but they will often project those qualities onto others. (“I’m a nice person, it’s everyone else who’s backstabbing cheaters!”) By casting their enemies (middle and working class white males who don’t want to lose economic security)’s concerns onto the cartoonish figure of the evil capitalist, they simultaneously dismiss those concerns and recast themselves as heroic defenders of the “oppressed.”
Some evolutionary biologists, such as Robert Trivers, have suggested[page needed] that deception plays a significant part in human behavior, and in animal behavior, more generally speaking. One deceives oneself to trust something that is not true as to better convince others of that truth. When a person convinces himself of this untrue thing, they better mask the signs of deception.
This notion is based on the following logic: deception is a fundamental aspect of communication in nature, both between and within species. It has evolved so that one can have an advantage over another. From alarm calls to mimicry, animals use deception to further their survival. Those who are better able to perceive deception are more likely to survive. As a result, self-deception evolved to better mask deception from those who perceive it well, as Trivers puts it: “Hiding the truth from yourself to hide it more deeply from others.” In humans, awareness of the fact that one is acting deceptively often leads to tell-tale signs of deception, such as nostrils flaring, clammy skin, quality and tone of voice, eye movement, or excessive blinking. Therefore, if self-deception enables someone to believe her or his own distortions, they will not present such signs of deception and will therefore appear to be telling the truth.
Today we’ll be looking at the chapter on “critical criminology” from Criminology: The Core (Instructor’s Third Edition) by Larry Siegel. According to Cengage:
“It’s no mystery why Larry Siegel remains THE best-selling author in Criminal Justice. … Grounded in Siegel’s signature style — cutting-edge theory plus meticulous research — this book covers all sides of an issue without taking a political or theoretical position and provides a broad view of the interdisciplinary nature of the field.”
The book covers 5 different schools of Criminology Theories: Neoclassical Choice theory (eg, Cesare Beccaria;) Biosocial/Psychological Trait theory, (Freud, Piaget, Edward O. Wilson;) Social Structure/Process theory, (Clifford R. Shaw and Edwin Sutherland;) Marxist Critical Theory, (Marx;) and Life Course/Latent Trait Development theory, (Sheldon Glueck and James Q. Wilson.)
I don’t have time to read the whole book (not if you want this post to go up this month,) so we are going to focus on Chaper 8: Critical Criminology.
Major Premise (from the book’s inside cover): “Inequality between social classes (groups) and the social conditions that empower the wealthy and disenfranchise the less fortunate are the root causes of crime. It is the ongoing struggle for power, control, and material well-being that creates crime.” Critical Criminology was founded in 1968 and is unapologeticly Marxist.
Each chapter begins with an example crime. The choice for Critical Criminology is fascinating: the November 2005 Muslim riots in southern and western France and the suburbs of Paris.
What sparked the rioting? The immediate cause was the accidental deaths of two Muslim teenagers who were electrocuted as they hid in a power substation to escape a police identity check. Hearing of the deaths, gangs of youths armed with brick and stick roamed the streets of housing estates torching cars and destroying property. …
A majority of France’s Muslim population, estimated at 5 million, live in these poverty-stricken areas. Many residents are angry at the living conditions and believe they are the target of racial discrimination, police brutality, and governmental indifference.”
Is this the best the Critical Criminologists have? (Incidentally, according to Wikipedia,the police were responding to a report of a break-in, the rioting lasted for 3 weeks and some 8,973 cars were burned. 3 people died.) This sounds more like an argument against Muslim immigration than an argument that racism causes crime, because if the French were really so racist, Muslims wouldn’t move there.
But let’s let the Critical Theorists explain themselves:
According to Critical Theorists, crime is a political concept designed to protect the power and position of the upper classes at the expense of the poor. Some of these theorists… would include in a list of “real” crime such acts as violations of human rights due to racism, sexism, and imperialism and other violations of human dignity and physical needs and necessities. Part of the critical agenda, argues Criminologist Robert Bohm, is to make the public aware that these behaviors “are crimes just as much as burglary and robbery.”…
“Capitalism,” claims Bohm, “as a mode of production, has always produced a relatively high level of crime and violence.”
Note: Bohm is either a moron or a liar. Pre-industrial economies had far more violent crime than modern, capitalist economies.
Crime rates are much lower in countries with advanced, capitalist economies than in countries with less-developed economies.
Countries with poorly defined or enforced property rights or where property is held in common are not bastions of civility.
In fact, the rise of capitalism in Europe over the past seven houndred years was accompanied by a dramatic decrease in crime.
My biggest complaint about this chapter is the total lack of data cited to support any of the claims. This is not necessarily the author’s fault, as the Critical Criminology field is overtly hostile to actual research:
Critical criminologists rarely use standard social science methodologies to test their views because many believe the traditional approach of measuring research subjects is antihuman and insensitive. Critical thinkers believe that research conducted by mainstream liberal and positivist criminologists is often designed to unmask weak, powerless members of society so they can be better dealt with by the legal system. They are particularly offended by purely empirical studies, such as those designed to show that minority group members have lower IQs than whites or that the inner city is the site of the most serious crime whereas middle-class areas are relatively c rime free. Critical scholars are more likely to examine historical trends and patterns…
Back to definitions:
Critical Criminologists reject the notion that law is designed to maintain a tranquil, fair society and that criminals are malevolent people who wish to trample the rights of others. Critical theorists consider acts of racism, sexism, imperialism, unsafe working conditions, inadequate child care, substandard housing, pollution of the environment, and war making as a tool of foreign policy to be ‘true crimes.’ The crimes of the helpless–burglary, robbery, and assault–are more expressions of rage over unjust economic conditions than actual crimes. … Marxist thought serves as the basis for critical theory.
I’m not an expert, but I feel like I know something on the subject.
Very few people in modern, capitalist countries are committing crime out of desperation. My friend survived for years by going to soup kitchens and never stole a wallet or held up a convenience store. We have welfare and subsidized housing. There are exceptions, but most violent criminals are notJean Valjean; it’s not economic desperation that drives people to put meat cleavers into their boss’s skulls or rape children.
But back to the book. On the origins of Critical Criminology:
Mainstream, positivist criminology was criticized a being overtly conservative, pro-government, and antihuman. What emerged was a social conflict theory whose proponents scoffed when their fellow scholars used statistical analyses of computerized data to describe criminal and delinquent behavior. Several influential scholars embraced the idea that the social conflict produced by the unequal distribution of power and wealth was at the root cause of crime. …
Richard Quinney also proclaimed that in contemporary society criminal law represents the interests of those who hold power in society. Where there is conflict between social groups–the wealthy and the poor–those who hold power will create law that benefit themselves and hold rivals in check. … Crime is a function of power relation and an inevitable result of social conflict.
This is not entirely wrong (if it were entirely wrong, far fewer people would believe it.) The wealthy do in fact have a disproportionate say on which laws are passed and how they are enforced. They can afford better lawyers and can often buy their way out of situations the poor are just stuck with.
But again, this is not what drives a man to put a meat cleaver in another man’s skull, nor is it why society nigh-universally condemns unprovoked skull-cleaving. It is not only in the interests of the rich to prevent violent crime–they, after all, use their money to insulate themselves from the worst of it by buying into low-crime, gated communities with private security forces. If anything, the poor, as the disproportionate victims of crime, have the most to gain from strict law enforcement against violent criminals.
My formerly homeless friend was once beaten into a coma and nearly died on his way home to the park bench where he spent his nights.
If crime were all about fighting back against oppression, criminals would only target the rich.
There is one branch of Critical Criminology, Left Realism, which acknowledges that crime is actually really unpleasant for its victims. Since it is relatively sane, we need not worry about it.
Back to the book:
Critical criminologist are also deeply concerned about the current state of the American political system …
While spending is being cut on social programs, it is being raised on military expansion. The rapid buildup of the prison system and passage of draconian criminal laws that threaten civil rights and liberties–the death penalty, three strikes laws, and the Patriot Act–are other elements of the conservative agenda. Critical Criminologists believe that they are responsible for informing the public about he dangers of these developments.
Hold on. I’m going to need a couple more graphs:
The “Three Strikes Laws” were passed in 1994 in reaction to the crack-driven crime epidemic throughout the hearts of America’s cities and appear to have done a pretty good job of preventing black people from being murdered.
Back to the text:
Critical criminologists have turned their attention to the threat competitive capitalism presents to the working class. The believe that in addition to perpetuating male supremacy and racialism, modern global capitalism helps destroy the lives of workers in less-developed countries. For example, capitalists hailed China’s entry into the World Trade Organization in 2001 as a significant economic event. However, critical thinkers point out that the economic boom has significant costs: The average manufacturing wage in China is 20 to 25 cents per hour; in a single yea (2001) more than 47,000 workers were killed at work, and 35.2 million Chinese workers were permanently or temporarily disabled.
According to the AFL-CIO, 4,836 workers were killed on the job in the US in 2015. Since there are 320 million Americans, this works out to about a 0.0015% chance of dying on the job.
Since China had about 1.272 billion people in 2001, that works out to about a 0.0037% chance of dying on the Chinese job.
Obviously it’d be great if no one died on the job, but these are not horrific odds. By contrast, China’s Great Leap Forward, when it implemented a communist system, was a horrific disaster that killed between 18 and 55 MILLION people.
(Also, 35,398 Americans died in car/motorcycle accidents in 2014, so you are much more likely to die driving your car to the grocery tore than employed in China.)
According to the World Bank, more than 500 million people were lifted out of extreme poverty as China’s poverty rate fell from 88 percent in 1981 to 6.5 percent in 2012, as measured by the percentage of people living on the equivalent of US$1.90 or less per day in 2011 purchasing price parity terms.
Now, I admit that capitalism does not always produce good results. Sometimes priceless natural resources get destroyed. Sometimes people’s jobs get outsourced. Often employers decide they’re okay with a level of job-induced harm to their employees’ health that their employees would not be okay with. But on the whole, capitalism produces good results far more often than communism.
But back to the book:
In our advanced technological society, those with economic and political power control the definition of crime and the manner in which the criminal justice system enforces the law. Consequently, the only crimes available to the poor are the severely sanctioned “street crimes”: rape, murder, theft, and mugging.
EvX: Available? How are crimes “available” to anyone? Are crimes like Pokemon, where you have to go to the Pokemon center to get your first starter crime, but if you sleep in the rich take all of the good crimes like insider training and you get stuck with some random Pikachu from the back, and it turns out to be a home invasion?
And if the rich are running the whole show, why don’t they make it so none of the laws apply to them? Why don’t they rape and murder poor people at the same rate as the poor rape and murder each other?
Back to the book:
Because private ownership of property is the true measure of success in American society [Source needed] (as opposed to being, say, a worthy person), the state becomes an ally of the wealthy in protecting their property interests. [How?] As a result, theft-related crimes are often punished more severely than are acts of violence, [Source needed] because although the former may be interclass, the latter are typically intraclass.” [Source needed]…
Empirical research confirms that economic downturns are indeed linked to both crime rate increases and government activities such as passing anticrime legislation.
I’ve heard this one before. Scroll back up to that graph of homicide rates over time and note the massive decrease in crime during the Great Depression. By the time the Depression crime drop petered out, crime was at one of its lowest points in the entire 20th century. Even in 2013 (the year the graph ends) crime was higher than it was after the Depression.
To be fair this drop is better explained by the end of Prohibition than by the Depression. But the Depression saw a massive decrease in crime: this theory is bogus.
Let’s finish up with Critical Feminist Criminology:
Critical feminism views gender inequality as stemming from the unequal power of men and women in a capitalist society, which leads to the exploitation of women by fathers and husbands. …
Patriarchy, or male supremacy, has been and continue to be supported by capitalists. This system sustains female oppression at home and in the workplace. …
Critical feminists link criminal behavior pattern to the gender conflict created by the economic and social struggles common in postindustrial societies. … Capitalists control the labor of workers, and men control women both economically and biologically. This ‘double marginality’ explains why females in a capitalist society commit fewer crimes than males.
So, when Capitalism oppresses men, it makes them commit “crime,” but when it oppresses women, it makes them not commit crime. Because capitalism wants to exploit workers by locking them in prisons where they can’t really do much work, but it wants to exploit women by making them do the dishes, because a capitalist system could never see the value of getting people to work for pay. Got it?
The text continues:
Because they are isolated in the family, they have fewer opportunities to engage in elite deviance… Women are also denied access to male-dominated street crimes.
So women are like… Some kid who was locked in his room and so couldn’t even get a cruddy crime-emon?
Seriously, though, do these guys not know that women are allowed to leave the house? Most of them have cars and do things like “drive to work” and “drive to the supermarket.” Yes, it’s true that existing, male-dominated street gangs and the Mafia generally don’t take women, but if women wanted to go out and punch people and steal their wallets, they would. If they wanted to make their own gangs, they would. If someone is actually a violent criminal, their husband saying, “Don’t go outside, make me a sandwich instead,” would not stop them from doing violence. If there’s one trait criminals tend to have in common, it’s that they don’t refrain from crime just because society disapproves of it.
Over in reality, women don’t commit much crime simply because… they aren’t that interested in committing crime.
Critical Criminology is a deep subject and I have only skimmed its surface. I haven’t discussed Mumia Abu-Jamal (the chapter’s other Profile in Crime;) restorative justice; the failure of restorative justice in South Africa to prevent horrific, race-motivated farm murders; instrumental vs. structural theorists; etc.
In closing, I’d just like to repeat, in the book’s defense, that the author is laying out the field for us, not advocating on its behalf. The book also has sections critiquing Critical Criminology theory and chapters devoted to sociobiology and developmental theories.