Premium Essay

Capitalism in Criminal Justice

In:

Submitted By Kbolds
Words 4385
Pages 18
Classism and Criminal Justice
Draft 2

Justice is a term that we hear every day and accept although many of us have skepticism as to what it truly means. In general, justice is the idea of righteousness and equality. In regards to society’s views on how “just” the criminal justice system is, we always incorporate the “ism’s”: Racism, sexism and classism, to demonstrate some of the pitfalls that the system has. Though it is obvious that all of these societal differences play a large role in the criminal justice process, I will focus on classism. Classism is the discrimination against a group or individual based on social and economic status. Classism is one of those “ism’s” that occurs more than we notice and sometimes, we may confuse it with things like racism or sexism. Classism, in my opinion, plays a larger role in the criminal justice system as opposed to the other forms of discriminatory practices. In particular, class largely comes into play during the sentencing process. Many authors argue that factors outside of class play a more important role, but I believe that there needs to be more attention paid to the role that class plays in targeting and the sentencing process in the criminal justice system. In order to understand the role that class plays in the sentencing process, we must, first, look at the role that it plays before the criminal reaches the day of sentencing. There are a plethora of publications that speak on profiling and actuarial methods which get people into the system. Though these are two large proponents of the discriminatory acts that exist within the confines of the criminal justice system, it does not begin with these institutionalized methods. The first instance of discrimination, which leads to all of the other forms within the system, are the laws and crime control policies that are implemented that, in some instances, are set up

Similar Documents

Premium Essay

Assess These Strengths and Weaknesses of Marxists Explanations of Crime

...institutions, including the state, the law and the criminal justice system. Their function is to serve the ruling-class interests and maintain the capitalist society. Marxists agree that the law is enforced against powerless groups and that labelling often results in further deviance. They see crime and deviance as not coming from moral or biological defects but defects within social order and therefore crime is an inevitable part of capitalism as it stems from social inequality. For Marxists, crime is inevitable in capitalism because capitalism is criminogenic. Capitalism is based on the exploitation of the working class and therefore is particularly damaging to the working class which may give rise to crime. Alienation and the lack of control over their lives may lead to frustration and aggression, resulting in non-utilitarian crimes such as vandalism and violence. Crime may also be the only way they can obtain the consumer goods encouraged by capitalist advertising, resulting in utilitarian crimes such as theft. Therefore, it can be said a strength of the Marxist explanation of crime is that is it explains the causes of both utilitarian and non-utilitarian crime of the working class. However, one could argue that this view is too deterministic and over-predicts the amount of crime in the working class: not all poor people commit crime, despite the pressures of poverty. Nonetheless, crime is not confined to the working class. Capitalism is a ‘dog eat dog’ system of ruthless competition...

Words: 700 - Pages: 3

Premium Essay

Outline and Assess Marxist Perspectives on Crime and Devianc

...viewed as ‘wrong’ and ‘bad’ but does not necessarily break the law however, some deviant acts may also be criminal. Crime is any activity that breaks the law of the land and is consequently subject to official punishment. Marx himself wrote very little about crime, but a Marxist theory of crime was first developed by Bonger as early as 1916 and then developed by writers such as Chambliss (1975). The overall background to the Marxist approach to crime was based on the Marxist analysis of society, which argues that society is best understood by examining the process by which the majority of the population are exploited by the owners and controllers of commerce and industry. The traditional Marxist approach to crime and deviance argues that the fundamental fact of exploitation provides the key to unlock the explanations for the workings of society. The beginning of the Marxist analysis is that all laws are essentially for the benefit of the bourgeoisie, and that criminal law reflects their interests. For example, property ownership laws largely concern those with significant amounts of property i.e. the ruling class. For those who are poor, there is little to steal. Personal violence is a dangerous act and the ruling class wants to control the right to use violence within society through their agents of control such as the police and the army. As a result of this criminal law operates to protect the rich and powerful. Within capitalist societies, the ruling class impose their values...

Words: 1875 - Pages: 8

Premium Essay

Sociology

...Two reasons why crime and deviance are in all societies: - No everyone is equally socialized into norms and values. Some are likely to be deviant. - Diversity of lifestyle and values. Different groups have their own subcultures with distinctive norms and values. Some may see deviant acts as normal. > Durkheim says in modern societies there is tendency towards anomie. The rules for behaviour become weaker and less clear-cut. This is because modern societies have a complex division of labour meaning individuals become more different from each other. Crime is more likely. Positive functions of crime – it also performs two positive functions Boundary maintenance - produces a reaction from society, uniting members in disapproval of criminals and reinforcing their commitment to shared norms and values. Adaptation and change – all change starts with an act of deviance. There must be scope to challenge existing norms and values and this will seem deviant in the short run. Criticisms - Durkheim says society requires deviance to function properly but states no way of knowing how much is the right amount. - Functionalists see crime in terms of its function. Crime may not exist to fulfill these functions. - Functionalists look at how functions of crime serve society as a whole and ignore how it might affect different groups or individuals within...

Words: 7771 - Pages: 32

Free Essay

Examine Some of the Ways in Which Marxists Explain Crime- 12 Marks.

...crime is the idea that they feel crime is inevitable in capitalism because capitalism in itself is criminogenic. Due to capitalism being based on exploiting the working class by using them as a means of making profit, this is therefore damaging to the working class and arguably explains why crime is committed. Due to the exploitation of the working class, which may lead to poverty and in some cases the only way to survive poverty, is by using crime in order to feed and clothe families. Crime may also be the only way the working class can compete in this world of consumer goods, encouraged by capitalist advertising, resulting in theft and robbery. Lastly the lack of control the working class have on their lives due to being controlled by their capitalist bosses and government can lead to frustration in the working class which in some situations can only be vented through violent crimes and vandalism. However this theory is criticised as not all crime is committed by the working class and this theory does not take into account white collared crime such as tax fraud, therefore Gordon argues that crime is a rational response to the capitalist system and is therefore found in all social classes, even if the statistics say otherwise. Another Marxist idea that helps explain crime is Selective Enforcement. This is the idea that some Marxist do except that crime is widespread over all classes but the way in which the criminal justice system is applied, is unfair against those in working...

Words: 519 - Pages: 3

Premium Essay

Asess Sociological Explanations of the Functions and Forms of the Punishment of Offenders. [21 Marks]

...giving the victim, or the victims family (indirect victims) a sense of justice from the criminal justice system, and to maintain social solidarity, showing that crime is not tolerated and via this, most forms of deviance. Realists believe that crime is a real thing and that official statistics should be taken at face value, as such they call for tougher sentences to be given for more severe crimes, for example, taking a life receives a higher sentence than using a class C drug. Right Realists would argue that the system works as a form of deterrent and that with target hardening, the deterrence of prisons and other punishments will take precedence in the mind of a person considering their options, in accordance with the Rational Choice theory. A person will weigh up cost versus gain, and if they believe that the gain outweighs the cost, they will commit an act of deviance. They also believe biological differences are responsible for crime and deviance through studies which show criminals to have a lower intelligence and to just be acting on instinct. However; They’re criticised for contradicting themselves in that in one circumstance they believe people are biologically predisposed to commit crime, and then saying that they have free will and are rationally deciding what to do. They’re also criticised in that in studies of criminal IQs, there’s only ever been, at best, a 4% drop in IQ against that of a non-criminal from the same background. So, while Realists believe punishment acts...

Words: 1038 - Pages: 5

Premium Essay

Sociological Explanations of the Functions an Forms of Punishment of Offenders

...purposes. First, giving the victim, or the victim’s family a sense of justice from the criminal justice system, and to maintain social solidarity, showing that crime is not tolerated and via this, most forms of deviance. Realists believe that crime is a real thing and that official statistics should be taken at face value, as such they call for tougher sentences to be given for more severe crimes, for example, taking a life receives a higher sentence than using a drug. Right Realists would argue that the system works as a form of deterrent and that with target hardening, the deterrence of prisons and other punishments will take precedence in the mind of a person considering their options, in accordance with the Rational Choice theory. A person will weigh up cost versus gain, and if they believe that the gain outweighs the cost, they will commit an act of deviance. They also believe biological differences are responsible for crime and deviance through studies which show criminals to have a lower intelligence and to just be acting on instinct. However; they’re criticised for contradicting themselves in that in one circumstance they believe people are biologically predisposed to commit crime, and then saying that they have free will and are rationally deciding what to do. They’re also criticised in that in studies of criminal IQs, there’s only ever been, at best, a 4% drop in IQ against that of a non-criminal from the same background. So, while Realists believe punishment acts as...

Words: 1033 - Pages: 5

Premium Essay

Ethnicity Essay

...to poverty and poor housing situations. Lea and young believe that the Medias etherises on consumerism leads black men to feel relatively deprived as they are not able to maintain the goals of society via legitimate means hence they turn to delinquent subcultures as a means of gaining rewards through illegitimate means. This also links to Merton’s strain theory. However Neo Marxists criticise official statistics representation of ethnic minorities and crime, claiming that they are socially constructed and don’t reflect reality. Gilroy argues that Black crime is over represented in official statistics and is in fact a myth created by racist stereotypes. For example victim surveys rely on people’s memory to identify the ethnicity of the criminal, however people tend to rely on their stereotypical typifications, often saying their attacker was black when in reality they...

Words: 881 - Pages: 4

Free Essay

Paper for Business

...CONCLUSION: Blacks are several times more likely to be stopped than non-Blacks * Studies in Maryland yielded similar results for all minorities Howie Becker – the group creates rules and people that break those rules are labeled outsiders and deviants. Moral Entrepreneurs – people that make a career out of enforcing morality eg. Police Primary deviance – committing a deviant act before the rules are formed. You aren’t stigmatized as being deviant. Person who performs the act thinks he is normal. Eg. A one year old stealing candy and not knowing it is wrong Secondary deviance – deviant behavior that arises because of the label a person has. A child who is constantly told he is bad may grow up to do bad things. Marxian Critique of Criminal Justice – PP2 Conflict theorists – those who draw from Marxian ideology and apply it to criminology Reiman...

Words: 1779 - Pages: 8

Premium Essay

Essay

...Function of Punishment: * According to Durkheim the function of punishment is not to remove crime but to ‘heal the wounds done to collective sentiment’. * Without Punishment – collective sentiments would lose their force and strength * Crime and punishment are both inevitable and functional. Function of Punishment: * According to Durkheim the function of punishment is not to remove crime but to ‘heal the wounds done to collective sentiment’. * Without Punishment – collective sentiments would lose their force and strength * Crime and punishment are both inevitable and functional. Crime is Inevitable: * Durkheim argued that crime in an inevitable and normal aspect of social life. * Crime is present in all types of society; indeed the crime rate is higher in more advanced, industrialized countries. * It is inevitable because not every member of society can be equally committed to the collective sentiments (shared values and beliefs). Crime is Inevitable: * Durkheim argued that crime in an inevitable and normal aspect of social life. * Crime is present in all types of society; indeed the crime rate is higher in more advanced, industrialized countries. * It is inevitable because not every member of society can be equally committed to the collective sentiments (shared values and beliefs). Crime is Functional: * Durkheim argues that it only becomes dysfunctional when it is rate is unusually low or high. ...

Words: 7051 - Pages: 29

Free Essay

Marxist Explanations of Crime

...argue that crime is based on three elements; criminogenic capitalism, the state and law making and lastly selective enforcement. Marxists argue that capitalism by its very nature causes crime. They argue that low wages paid to the working class by the capitalist class, results in material deprivation. This deprivation then leads to frustration which results in utilitarian crimes such as theft. They claim that this is the reason why official statistics show that mainly the working class engage in criminal behaviour. However a weakness of this theory is that it is highly deterministic and ignores individual motivation and the notion of free will, as not all poor people commit crimes despite the pressures of poverty. Marxists argue that the media create the illusion that happiness can be bought for example through advertising and foster the values of materialism. For example all people share the same desire to purchase the latest phones for example the iphone 5, despite not being able to afford luxury items. This in itself causes crime as the lower classes resort to utilitarian crimes and use illegitimate means to gain the materialistic object. However crime is not confined to the working class as capitalism also encourages capilitists to commit corporate crimes such as fraud and insider trading. Marxists believe that the law and law enforcement only serve the interests of the ruling class. The law, crime and criminals serve an ideological function by creating a false class consciousness...

Words: 610 - Pages: 3

Premium Essay

Issues in Marxism

...Crime and Deviance AN INTRODUCTION TO CRIME AND DEVIANCE Definitions * Crime- An act which breaks the criminal laws of society. * Deviance- refers to the behaviour which is disapproved of by most people in society and which does not conform to society's norms and values. TOPIC 1: FUNCTIONALIST, STRAIN AND SUBCULTURAL THEORIES Durkheim's functionalist theory: * Socialisation and Social control are two key mechanisms which allow social solidarity to occur in society. The inevitability of crime: * Functionalists see too much crime as destabilising society. * They also see crime as inevitable and universal- Durkheim, 'crime is normal... an integral part of all healthy societies.' * There are two reasons why C&D are found in all societies; 1.Not everyone is equally effectively socialised into the shared norms and values. 2. Different groups develop their own subculture and what the members of the subculture regard as normal, mainstream culture may see as deviant. * Durkheim also discusses that in modern societies there is a tendency towards anomie (normlessness). The diversity of modern societies means that the collective conscience is weakened, and this results in higher levels of C&D. The positive functions of crime: * For Durkheim, crime also fulfils two important functions; boundary maintenance and adaptation. * Boundary Maintenance- In Durkheim's view, the purpose of punishment is to reaffirm society's shared rules and reinforces...

Words: 20916 - Pages: 84

Premium Essay

Boobs

...Reasons for the increase in crime in 1st half of C19th * Dislocation, poverty and overcrowding * Criminal justice was ineffective * The labour market workers were periodically out of work without any benefit/social security * Serious disease * Cities were growing far too fast for health and safety Impact of ‘rookeries’ -Growth of towns encouraged an ‘urban underworld’ of thieves -Used rookeries as a place to hide -Would recuperate and distribute produce of criminal activity - Not just thieves who used these spaces but a variety of other criminals e.g. receivers of stolen property, currency forgers and coiners - Theses areas were very dangerous even for armed police Reasons for decrease in 2nd half of C19th -Offences fell steadily from mid-1840 to WW1 - Industrial capitalism was entering a phase of sustained expansionism – Britain was the ‘workshop of the world’, further ahead than France, Germany and USA in becoming 1st industrialised nation -The stabilisation of the urban working class and changing relationship between working class and crime: Middle class gradually lost its fear of the working class as a whole as were more worried about the socialist movement and trade unions. - The urban changes weakened power and organisation of traditional professional crime - The development of the new police and criminal justice system ‘Old criminal gangs were no match for the new police and their rookeries were gradually being broken up’ - Decline...

Words: 360 - Pages: 2

Premium Essay

Topic 9: Control, Punishment and Victims

...crime 3. aim at increasing the effort and risks of committing crime and reducing the rewards * Underlying situational crime prevention approaches is a rational choice theory of crime * Most crime is opportunistic so SCP measures reduces the opportunities * Displacement - criticises SCP - does not reduce crime, simply displaces it (several forms) * Spatial - move elsewhere to commit crime * Temporal - committing crime at different time * Target - choose different victim * Tactical - use different method * Functional - commit different type of crime * Evaluation: * SCP works to some extent in reducing some sorts of crime but with most measures there is likely to be some displacement * Assumes criminals make rational calculations - may be committed under the influence of drugs/alcohol? Environmental Crime Prevention * Wilson and Kellings - 'broken windows' stands for all the signs of disorder and lack of concern for other found in some neighbourhoods * Leaving broken windows unrepaired sends out the signal that no-one cares * Without remedial action from formal and informal social control, the situation deteriorates, pushing respectable people to move out and area becomes magnet for deviants * Solution to crackdown on any disorder involves a 2 fold strategy: 1. Environmental improvement strategy: any broken window must be repaired immediately otherwise more will follow 2. Zero tolerance policing strategy: police...

Words: 971 - Pages: 4

Premium Essay

The Social Construction of Juvenile Delinquency

...Critically assess the claim that juvenile delinquency was legislated into existence in the nineteenth century. After a few preliminary comments contextualising the claim, I will; 1. Explore the changes in Legislation and Law enforcement agencies in the early to mid-nineteenth century focusing on the ways in which they contributed to the development of the concept of ‘juvenile delinquency’. 2. Consider the arguments of nineteenth century social investigators and reformers and their influence both on the legislative process and on the construction of the concept of juvenile delinquency. 3. Finally and by way of a conclusion, briefly discuss the broader social economic and political context of nineteenth century reforms in order to suggest that whilst legislation is important, the claim in the question overstates its significance. The idea that there can be a juvenile delinquent is impossible without the concept of childhood as a distinct phase of individual growth and development. ‘Childhood’ has become a universal category; a status which affords particular rights, for example those outlined in agreements between states such as the universal declaration of the rights of the child. This recognition of the special status of ‘childhood’ is a social construct (Hendrick, 2002). We may take our understanding of what it is to be a child for granted as ‘natural’ but it is not until the late middle ages that a period and morality of childhood began to be distinguished...

Words: 2794 - Pages: 12

Premium Essay

Teahcer

...2) Functionalist perspective Crime is inevitable – Durkheim, a functionalist, said that crime is inevitable in society. This is because nt everyone will buy into the collective sentiments of society, and will deviate from these norms and beliefs. Durkheim said a certain amount of crime and deviance as normal and an integral part of all healthy societies. This is because it acts as a ‘safety valve’, providing a relatively harmless way for someone to express their discontent. For example, Cohen said that “prostitution performs such a safety valve function without threatening the institution of the family”, this is because he believed this crime of prostitution could relieve the stress in a discrete way without damaging the rest of the clients life. Clinard said crime also served the function of acting as a warning device. This is because the crime indicates that there is an aspect of society that is malfunctioning. So the crime draws attention to the problem within society, which can then be fixed. Durkheim said that crime in society isn’t genetically produced, but is natural in society. However, he did say that too much crime was dangerous in a society, and this is an idea Merton developed. Merton and Anomie Merton observed American culture. He said that this society bought into the ‘American dream’ of having a successful career with lots of money, material possessions and a nice family. Merton said that in a balanced society everyone will be happy, however, he said American...

Words: 3512 - Pages: 15