Marxism Continued

• Selective Enforcement

  •Marxists argue that while powerless groups such as the working class and ethnic minorities are criminalized, the police and courts tend to ignore the crimes of the powerful.•Reiman (2001) found that 'street crimes' such as assault and theft are far more likely to be reported and pursued by the police than much 'white collar' crime such as health and safety violations or serious tax evasion.•
• Why Is It Easier For The Rich To Get Away With Crime

  •Access to the best lawyers•Access to accountants which enable tax avoidance to exploit legal loopholes in tax laws•Ability to pay fines•The complexity of corporate crime makes it difficult to regulate•Close relationship between the corporate and political world – in terms of both wealth and jobs.Why Is It Easier For The Rich To Get Away With Crime
• Ideological Functions Of Law

  •Laws protecting workers (minimum wage, working hours regulations, H&S etc), actually help to prop up capitalism (Frank Pearce, 1975):–By keeping workers fit for work–Creating a caring image that prevents too much opposition (false consciousness)

   

  •Such laws tend not to be vigorously enforced–A study by Carson showed that only 1.5% of health and safety violation by firms studied were prosecuted.•Grenfell towers, and all the buildings which have subsequently failed fire safety checks, illustrate this.
• Eval Strength

  1.Offers explanations for crime in all social classes, and both utilitarian and non-utilitarian types of crime.2.Focuses attention on crimes of the powerful, unlike functionalism/subcultural theories.3.Illustrates the link between the interests of the capitalist class and crime, putting crime stats into context (explains why the r/c appear to commit less crime).4.Supported by empirical research (e.g. Carson, Reiman) and case studies which show its relevance in contemporary society.•
• Weaknesses of Marxist Criminology

  • Overlooks non-class inequalities (ethnicity, gender)
  • Too deterministic - ignores free will and assumes we are controlled by external forces such as capitalism
  • Over-predicts the amount of crime: the idea of criminogenic capitalism suggests everyone in capitalist societies would commit crime, but in reality most do not
  • Crime rates vary hugely across capitalist countries (e.g. Japan and Switzerland have much lower rates than the US) suggesting capitalism cannot be the only factor
  • Sometimes states do prosecute corporate crimes – e.g. in the BP case
  • Too sympathetic to criminals rather than victims – accused by some as 'sentimentalising' WC figures as 'Robin Hoods'