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The state and law making All laws serve the ruling class.

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Presentation on theme: "The state and law making All laws serve the ruling class."— Presentation transcript:

1 The state and law making All laws serve the ruling class.
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. 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 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. Weaknesses Very deterministic, not all working class commit crime. Switzerland and Japan are capitalist but have low crime rates. Prosecutions against companies and the ruling class do happen. Left Realists say most working class crime is committed against working class people not the state. Marxism on crime Strengths Shows a link between law and the interests of the ruling class. Highlights selective enforcement. Ideological functions of law 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.

2 Blue collar crime Crimes committed by manual factory workers (working class), these are street crimes like theft which are in public view. 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. Occupational crime Crimes carried out at the expense of companies like fraud. 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 Case study – Guinness affair 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. White collar crime 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.

3 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.

4 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.

5 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.

6 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


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