Key idea
The Law and the
criminal justice system
is another tool used by
the ruling class to serve
their interests and
maintain a position of
power.
Criminogenic Capitalism
The state and law making
Crime is inevitable in Capitalism. The
working class commit utilitarian and
non-utilitarian crimes because of
poverty, constant advertising,
alienation and a lack of control.
Even the ruling class feel the
pressure to commit crime and get
ahead.
 All laws serve the ruling
class.
Weaknesses
 Very deterministic, not all
working class commit crime.
Marxism on crime
Most law is based on
protecting private
property.
The working class and
ethnic minorities are
punished harshly while the
crimes of the powerful go
unnoticed.
 Switzerland and Japan are
capitalist but have low crime
rates.
Strengths
Ideological functions of law
Prosecutions against
companies and the ruling class
do happen.
Shows a link between
law and the
interests of the
ruling class.
Left Realists say most
working class crime is
committed against working
class people not the state.
Highlights selective
enforcement.
Laws don’t just punish but perform
functions to keep capitalism stable.
Health and safety laws keep the
working class able to work. Seeing
crime as a working class problem
diverts it away from capitalism.
Seeing criminals as disturbed also
disguises the true nature of crime.
Blue collar crime
Crimes committed by
manual factory workers
(working class), these
are street crimes like
theft which are in public
view.
State Crime
- Crimes committed by
agencies of the state
such as the Police or
military.
- Crimes are committed
on behalf of the state
(country)
- EG) Many consider the
treatment of terror
suspects at Guantanamo
Bay, Cuba, to be state
crime.
White collar
crime‘…a crime
committed by a
person of
respectability and
high social status in
the course of his
occupation’
Corporate crime
Crimes carried out on behalf of a
company such as tax evasion or
toxic waste dumping.
White collar crime
Occupational crime
Crimes carried out at the
expense of companies like fraud.
Case study – Guinness affair
White collar crime
False claims of success led to
high share prices and company
directors making millions.
Gerald Ronson received a one
- year sentence in Ford (open
prison) and was released on
parole after serving about 6
months. He is still a successful
businessman and one of
Britain's 100 richest people.
Very difficult to prosecute due
to problems of who is
responsible and who is a victim.
Much white collar crime is not
dealt with criminally but
administratively by external
agencies like the EPA
(Environmental Protection
Agency) and the Trading
Standards Agency. Only serious
cases go to court.
The State and Law Making
Laws and law enforcement only serve the
interests of the K class.
Laws which protect private property are the
cornerstone of the capitalist economy.
Snider (1993) K state reluctant to pass laws that
regulate the activities of big business and
threaten profitability.
Selective Enforcement
• All classes commit crime but the criminal
justice system is selective in its enforcement.
• Disproportionately high rates of prosecution
for street crimes (Burglary and assault)
• Low rates of prosecution for ruling class
crimes; health & safety violations, tax evasion.
Ideological Functions of Crime and Law
• Laws which protect the
WC are ideological.
• Make it seem as though
the system is fair. (E.g.
Health & Safety
Legislation).
• Creates ‘false
consciousness’ among
WC.
• These laws are not
rigorously enforced.
• Law enforcement is
selective, Criminal Justice
System focuses on WC.
• Blames the individuals for
their crimes and not
capitalism.
Marxism – Assessment Questions
1. Assess the view that crime is functional,
innevitable and normal. (21 marks)
2. Examine some ways in which Marxists explain
crime. (12 marks)
3. Assess different Marxist views of the
relationship between crime and social class. (21
marks) Jun 12