Introduction
Left Realism in Britain originated as a call to socialists to 'take crime
seriously' (Lea and Young 1984, Young 1986) under conditions in which
criminality and other social problems facing the working class were worsening,
while many radical criminologists remained obsessed with a social
constructionist view of crime as simply a reflection of media orchestrated
moral panics or political diversion (Hall et al. 1976). However such an
inspiration to take a problem seriously does not of itself constitute a new or
an adequate theorization of the problem. The survival of Left Realism as a coherent
criminology is dependent on its capacity to elaborate a body of theory which
distinguishes it from other perspectives.
The development of theory in Left Realism in Britain in recent years has
been largely concerned with the elaboration of a framework in which crime is
analyzed in terms of the interaction between four key variables: the state,
social structure, offenders and victims. This framework has enabled Left
Realism to establish a relationship with existing traditions of criminological
theory by seeing much of the latter as partial perspectives focusing on
particular elements of the interaction rather than the process as a totality.
Thus labelling theory tends to focus on the activities of the criminal justice
system or society in labelling activities as criminal, classicism on the
deterrent effects of the criminal justice system, much conservative theory on
the efficacy of informal social control, positivism on the offender, and
victimology on the characteristics of the victim. Each of these approaches may
pose as a self sufficient criminology whereas each of them starts from an
abstraction: one element of what is a more complex multi-faceted process.
(Young 1987).
Such a framework is not presented as some theoretically neutral process of
'synthesis' of existing theory. The partiality of the latter is obviously only
established from the standpoint of the more general interactionist framework of
state, society, offender, victim. This framework itself is not immune from
further elaboration and critique. It does not pose as a set of a priori
categories defending themselves as the only logically possible coherent method
for the study of crime. Rather it is a reflection of the existing division of
labour in society and its legal system. The process of further theoretical
development is not therefore simply a question of developing a more adequate
set of categories but also of social change to which the criminologist both as
theorist and policy maker is in no way external. The distinction for example
between state and society is not an a priori but a question of the structure of
actually existing industrial societies. It is in no way external to the realist
framework that the blurring and shifting of this distinction is a feature of
modern societies especially in the criminal justice area.
Defining the terms
It is necessary to give some preliminary definition of the concepts which
form the framework of Left Realist analysis. By the 'state' is meant both the
criminal justice agencies in the narrow sense and the state as political system
in the more general sense. The latter is an important conduit for the reception
from and transmission to, other elements of the framework. In a similar way the
term 'society' implies not only the micro-levels of family and community
structure which may act as mechanisms of informal social control against crime
but also the wider concept of 'civil society' as a set of legally, culturally
and economically defined relations.
Offenders and victims are only at first sight simple concepts. The offender,
it has to be remembered, is not necessarily an individual but may be a
corporation a political group or other organization. Likewise victims may be
chosen as individuals or as members of groups defined in various ways. They may
or may not be aware of their victimization or have accurate information
concerning its source.
Action and reaction.
What relations exist between the various components of the framework? Young
(1987) identifies relations of 'action' and 'reaction' in which the state and
the system of social control are structures which 'react' to the 'action' of
offenders and victims, redefining their activities, devoting resources to their
containment etc. and thereby playing an active role in the 'production' of the
final level of crime in society. This relationship is an attempt to transcend
the conflict between on the one hand varieties of labelling theory which see
changes in crime rates as a result of some combination of the activities of
criminal justice agencies and social perceptions, and on the other hand a
positivism which speaks only of 'real' changes in the numbers of offenders and
victims.
This approach can made more concrete by seeing both sides as engaging in
action and reaction. Society and the state do not simply respond to the problem
of crime but also engage in various pre-emptive activities in the causation and
definition of crime. Likewise the behaviour of both offenders and victims can
be seen as not only constituting 'problematic situations' to which the state and
the system of social control may react but also themselves responding and
reacting to the state and the system of social control. It is of course the
case that society and the state are determinant 'in the last instance' in the
sense that victims and offenders do not exist except as recognized by some
combination of legal and social definition whereas the state and social
structure are not derived from the existence of offenders and victims [1].
THE STATE AND SOCIETY
A. The existence of crime: the process of criminalization.
The creation of the categories of criminality is obviously the most
fundamental action of both the state and society. The criminal law can be seen
as a language describing certain types of social actions and providing
legitimation for the existence and activity of state agencies in their
relations with individuals as offenders, victims, witnesses, holders of
relevant information etc. In addition to the content of the law the rules of
procedure for the establishment of culpability themselves help determine the
parameters within which social problems can be dealt with through a strategy of
criminalization. The fact that criminal justice systems largely deal with
relations between individual agents rather than social groups per se, the rules
of presentation of evidence, proof in criminal trials as well as those
governing the conduct of the trial (such as rules of cross examination) all
serve to determine what types of problems can be effectively dealt with by the
criminal justice system.
Within a given legal code and its rules of procedure the agencies of law
enforcement and justice enjoy a considerable leeway of discretion. They do not
simply respond to crime but in making decisions about what types of crime to
respond to and by what means, they act as a positive determinant of the pattern
of criminality, There is thus a 'de facto' criminalization of activities by
state agencies, which is of equal importance to the formal legal status of
actions as crimes. The degree of correspondence of the two depends on the
constitutional and actual accountability of the agencies, the forms of
operational discretion available to them, such as the autonomy of judges and
prosecutors, the operational independence of police chiefs, the day to day the
relationship between criminal justice agencies and various social groups and
the structure of criminal activities themselves. There is what might be called
'over criminalization'. associated with the development of particular
operational policing strategies. in which whole communities are treated as if
they were offenders, through for example, the use of random 'stop and search'
techniques (Lea and Young op.cit.). Likewise criminal courts may tend to
prejudge guilt of offenders from particular social groups. A reverse process
might be called 'under criminalization' whereby some types of crime (e.g.
domestic violence, neighbour disputes) are defined by police as 'rubbish crime'
and not really worth dealing with, certain areas of the city may go relatively
unpoliced etc. or offences by powerful corporations may go unprosecuted.
Alongside the state agencies and the language of criminal law, society also
has its language which define particular behaviours as crime. The extent to
which the language of ordinary social interaction overlaps with that of the
criminal law is complex. Some abolitionists (Hulsman 1986) like to imagine that
the criminal law is quite redundant and that society has its own language of
'problematic situations' which is autonomous from and superior to that of the
criminal law. It does not seem likely that the language of interpersonal
disputes can replace that of the criminal law when ordinary citizens may not be
able to agree on spontaneous definitions of situations (e.g. when does physical
violence constitute assault) or be otherwise confused as to the nature and
extent of their victimization.
In democratic societies the criminal law might be expected to simply
reproduce and echo social sanctions. But where society is divided by structures
of class and power the criminal law can be both a progressive and a reactionary
force; It may import the language of criminality into some areas where ordinary
language, reflecting established power relations of class or gender, is blind
to the existence of conflict and harm while in other areas it may turn a blind
eye to situations criminalized by ordinary discourse.
Indeed rapid social change may produce conditions in which the same activity
is both criminalized and to some extent still sanctioned by social values. For
example the morality associated with traditional family structures may still
tolerate a certain amount of violence by husbands against wives even while the
advance of democratic rights, and the political influence of feminist movements
combine to sensitise society to the rights of married women as citizens to
defence against violence from their husbands. These conflicts are reflected in
the working of the criminal justice system with the result that a formal
acknowledgement of a problem is often combined with a practical reluctance of
agencies to act effectively despite a formal requirement to do so.
Reaction: the response to changing social problems
The process of creation of the categories of criminality by the interaction of
state and society involves, in modern industrial societies, a process of
constant reaction and adaption to social changes. While there may be
considerable stability in general ideas of crime or harm, there are substantial
changes in how, and to which activities, such categories are to be applied.
Social and political movements may result in simultaneous pressure on the state
to expel the concepts of criminality from some areas (e.g. soft drugs) and
bring it more strongly into others (e.g. marital rape) or, on the level of the
day to day activities of criminal justice agencies, devote more resources to
the containment of some crimes and less to others. Such dynamics, unfortunately
for abolitionists, do not seem to result in any general reduction in the role
of the criminal justice system the containment of social problems.
B. The existence of offenders and victims.
Having established the categories of criminal behaviour both the state and
society respond and attempt to contain criminal activity itself. But at the
same time the creation of such activity, for all but the most hardened
biological positivist, is a product of society. The fact is that modern
industrial societies put as much effort, albeit unconsciously, into the
creation of crime as they do to its containment.
Action: the production of potential offenders and victims
There are a number of respects in which criminal activity has to be seen as
a product of the normal working of state and social processes rather than their
'breakdown'. Even the commission of crimes by the criminal justice system
itself should not be thought of as solely a characteristic of authoritarian
states or 'states of emergency' in which normal legality is suspended.
Violation of criminal law by state security agencies, albeit concealed, appears
to be normal enough activity even in liberal democratic states. (Wright 1987,
Chambliss 1989).
More important for the study of 'ordinary' crime however are the unintended
consequences of the normal functioning of criminal justice institutions of
which the most obvious example is that of the prison as the producer of crime
through its latent function as a channel for the socialization of the inmate
into established criminal subcultures. Other examples are to be found in the
unintended consequences of the activities of law enforcement agencies. Young
described the 'deviancy amplification' effect whereby tough policing strategies
against soft drug users drove the latter further into criminal activity (Young
1972). More generally, one of the effects of the 'overcriminalization'
mentioned above may be that of legitimizing offences which are seen by local
communities as resistance to heavy and indiscriminate policing.
However it is predominantly at the level of social structure rather than state
institutions that the major causes of criminal activity are to be found. It is
important to note that Left Realism has not hitherto attempted to elaborate any
new theory of the causes of crime; rather the strategy has been that of
elaborating and adapting existing bodies of theory into the 'action and
reaction' model. A major influence has been the theory of anomie or relative
deprivation derived from the classic contributions of Merton (1938) and Cloward
and Ohlin (1960) combined with a theory of social and economic marginality.
Relative deprivation, a conflict between socially diffused goals and needs and
the restricted availability of the legitimate means for their achievement would
likely be resolved by a turn to criminality among those groups additionally
marginalized from participation in the political processes of modern industrial
societies. (Lea and Young op.cit.).
Serious critics of Left realist criminology have pointed to the restricted
applicability of the theory to particular areas of crime. Street crime such as
household burglary, shop lifting, and street robbery are those which come most
readily to mind when considering relative deprivation as 'illegal means to
socially sanctioned goals'. However relative deprivation theory as developed by
Cloward and Ohlin (op.cit.) and others saw the causes of delinquency not so
much in an instrumental response to deprivation as might be evidenced by
engaging in burglary as an income supplement but in the development of a
subculture in which alternative values develop precisely as a way of coping
with the frustrations of exclusion from legitimate routes to success. In this
sense the role of interpersonal 'expressive' violence, or ritualised forms of
conspicuous consumption as ways of establishing status in the absence of
conventional means and symbols can be understood. Also 'crimes of passion' such
as homicide and interpersonal violence such as sexual assault and rape have a
concentration among the poor and deprived and can be seen as arising from
dynamics of relative deprivation. Box describes the dynamics of rape by men
from poor and deprived backgrounds:
"When men from this latter
group rape they rely primarily on physical violence because this is the
resource they command. Being relatively unable to 'wine and dine' females or
place them in a position of social debt, and being less able to induce in women
a sense of physical and emotional over-comeness these 'socially' powerless men
are left with a sense of resentment and bitterness which is fanned and inflamed
by cultural sex-role stereotypes of 'successful' men being sexually
potent."(Box 1983 p.152) [2].
However there are important areas of criminality to which theories of
relative deprivation and marginality might be thought inapplicable. "What
does anomie contribute to the analysis of organized crime or of so-called white
collar crime?" asks Tamar Pitch (Pitch 1987). In fact quite a lot, at
least as regards organized crime, though it is true that Left realists have as
yet to do substantial work in this area. It is worth remembering that, as
Arlacchi has recently noted (Arlacchi 1987), one of the impulses to the work of
relative deprivation theory, especially at the time Merton was developing his
account in America, was the attempt to combat the widespread 'alien culture'
view of organized criminality as associated with Italian immigrants rather than
the internal dynamics of American society. Relative deprivation theory
presupposed socialization into the values of mainstream american culture. The
adaption of relative deprivation theory by Lea and Young (op. cit.) was for a
very similar purpose; that of rebutting the media image of the 'alien culture'
of young blacks as a cause of street crime in British cities.
However it is true that a too close association between relative deprivation
and socio-political marginality leads to a restricted focus on disorganized
street crime. Organized crime may originate in and recruit from social groups
marginalized from legitimate opportunity structures but once established is
able to secure a measure of stability in its environment through protection,
bribery, threats of violence etc and a degree of penetration of legitimate
financial and political institutions (Catanzaro 1988, Santino 1989). To deploy
the term 'marginality' at this stage is purely rhetorical and means little more
than that the activity is illegal[3]. Indeed successful organized crime as a
structure of illegal opportunities for the accumulation of wealth and status is
better understood in this context as a form of demarginalization.
This analysis seems to be in accordance with Cloward and Ohlin's classic
treatment in which a distinction between the criminal career and the
criminality of the disorganized -i.e. marginalized slum is stressed.
"Among the environmental supports of a criminal style of life are
integration of offenders at various age levels and close integration of the
carriers of conventional and illegitimate values" while "Just as the
unintegrated slum cannot mobilize legitimate resources for the young neither
can it provide them with access to stable criminal careers for illegitimate
learning and opportunity structures do not develop" (op.cit. pps 162,173).
White collar and business crime paradoxically present less problem for the
theory of anomie and relative deprivation than does street crime. As far as the
latter is concerned one of the main criticisms of the Mertonian approach was
that of the plurality of values in the cultures of modern industrial societies
and the consequent implausibility of attributing criminality to innovating
attempts to achieve the goal of economic success (Lemert 1967). This criticism
has suffered from declining plausibility with the expansion of mass media and
education disseminating standardized expectations. But as Box remarked the
modern capitalist corporation never suffered from the problem of ambiguity
concerning its goal of profit maximization. "This defining characteristic
-it is a goal seeking entity - makes a corporation inherently criminogenic for
it necessarily operates in an uncertain and unpredictable environment such that
its purely legitimate opportunities for goal attainment are sometimes limited
and constrained" (Box 1983 p 35, Passas 1990). At this level marginality
becomes, in Stan Cohen's phrase. a 'mickey mouse concept' (Cohen 1985) Worse,
it can fulfil an ideological function in denying the criminogenic nature of the
capitalist system itself by implying that crime is always only a product of
breakdown or absence of 'normal' social or political structures whereas in fact
for powerful corporations violation of the criminal law or pressure on
governments to legalise activities technically 'criminal' are strategies often
pursued in combination (Pearce 1976)
The context of white collar and corporate crime places emphasises that
relative deprivation is not to be confused with material poverty. The
frustration of inability to meet expected goals and norms of 'success' is
diffused throughout all social classes in a capitalist society. The young
middle class business executive who takes out his failings in the competitive
arena by violence towards his wife or children, or in bouts of public drinking
is no less a victim of relative deprivation than the inner city mugger. The
emphasis here is on 'relative'
However this brings us to the second weak spot identified by critics: the
question of the precise mechanisms whereby high levels of relative deprivation
and, in a subset of cases, marginality are linked to the commission of criminal
acts (Pitch 1987, de Leo 1987). An account of the production of potential
offenders has to be supplemented by an account of the production of criminal
opportunities. The theory of relative deprivation precisely because of the wide
range of its application cannot explain the particular types of crime that
occurs unless supplemented by a theory of criminal opportunities into which
those suffering from such deprivation may move.
The study of crime as a structure of opportunities has been one of the
preoccupations of rational choice theory. While some criminologists -economists
in particular- have attempted to portray rational choice theory as a self
sufficient general account of criminal behaviour such an approach usually find
it necessary to make a prior distinction between those who would or would not
take advantage of -or seek out- criminal opportunities. Thus Becker's classic
analysis of rational choice theory applied to criminology (Becker 1968) having
claimed that "...a useful theory of criminal behaviour can dispense with
special theories of anomie ...and simply extend the economist's usual analysis
of choice" proceeded to add 'willingness to commit an illegal act' as a
variable in the formula for the calculus of rationality of criminal action. The
best approach seems therefore to regard accounts of the production of potential
offenders and accounts of the production of criminal opportunities as
essentially complementary and interdependent aspects of the process whereby
society produces crime.
Two key components of the criminal opportunity structure can be
distinguished. Firstly the existence of a demand on the part of both criminals
and the non criminal public for illegal commodities or services (drugs, vice,
arms etc) or for legal commodities illegally acquired: that is, the existence of
the criminal economy. Secondly, a source of legitimate - from the standpoint of
offenders - victims who are 'fair game' as targets for crime or situations in
which criminal violence is seen as justified. In this respect it is a mistake
to see the 'criminal subculture' or the 'subculture of violence' as entirely
isolated from dominant values. The dominant culture provides a set of labels
which, while not directly legitimizing crime, enable the offender to elaborate
his own legitimation. Thus the murder of a prostitute is considered less
socially obnoxious than that of a 'respectable ' woman [4]. Social groups
defined as 'outsiders' may become particular targets for crime (e.g. racial
attacks). At the level of corporate crime particular state agencies such as tax
authorities or other national states, particularly in the third world may be
seen as legitimate victims for corruption, low safety standards, dumping of
hazardous products etc. (Braithwaite 1984, Jones 1988).
There is often a close relationship between the legitimacy of victims and
their vulnerability. The former may be a cause of the latter as where racial
prejudice legitimises violence against ethnic minorities, maximizes
vulnerability by assuring them that the victim is likely to get little support
-e.g. from neighbours in cases of racial harassment on housing estates and at
the same time relegates ethnic minorities to the most criminogenic areas of the
city. The two may run parallel as where the weak law enforcement capacities of
some third world states parallels their legitimacy as victims in the eyes of
multinational corporations. The two may also conflict as with elderly people in
large cities living lonely isolated lives with a high vulnerability to crimes
such as burglary and mugging or young women having to walk home during unsocial
hours with a high vulnerability to rape though in both cases such crimes are
regarded as particularly vicious by society at large.
A final important component of legitimation of victims concerns the
attribution of responsibility for the criminal act itself. Victim blaming and
'victim precipitation' can be regarded as the polar case of the legitimate
victim in which the latter rather than the offender comes to be regarded as the
cause of the crime. Such an ideological construct needs to be carefully
distinguished from the fact that many offences may arise out of prior
interaction in which both victim and offender participate.
Reaction: deterrence, control and support for victims
Both the state and society react to crime, attempting to control and contain
that which they have produced. An orthodox distinction would see the state as
the sphere of law and legitimate force aimed largely at detection and
deterrence with society as the sphere of informal social control and prevention.
This distinction is in fact blurred in a number of ways. The operation of state
agencies even at the most 'technical' level rests on assumptions concerning
social relations. The state itself may attempt to initiate, and organize
informal crime prevention measures by citizens ranging from surveillance,
dispute resolution, to 'community courts' (Matthews 1987). The motives of
particular governments in taking such initiatives may include those of
attempting solutions to what are considered growing legitimation or fiscal
problems faced by criminal justice agencies. Finally the boundaries between
state and private institutions become increasingly blurred through the
development of intermediate structures of surveillance and control (Cohen 1985)
The deterrent effect of the criminal law cannot be considered independent of
its relationship to collective moral sentiment. Where the criminal code reflect
moral sentiments widespread in society then the simple fact of illegality
itself has a deterrent effect, although this may be mediated by factors such as
the general social status of the offender and the absence of feelings of guilt
or shame (Braithwaite 1989) with a consequent reluctance on the part of the
criminal justice system to act forcefully in such areas. (Johnson 1986). While
the severity of the penalty may have some deterrent effect attempts in research
to specify this have been inconclusive. (Cook 1980). What is reasonably
established however is that it is less the penalties for particular offences prescribed
by the law than the certainty of detection which constitutes the bulk of the
deterrent effect. The certainty of detection itself has both technical and
social components. The social component, concerns the general willingness of
individuals to give information and report crime to the police, appear as
witnesses in court etc. This depends on the relations between police and local
communities, on the relations of power between victims and offenders and on the
socio-economic structure of localities determining such matters as the daily
movement of population and the likelihood of crimes being witnessed. (Cohen and
Felson 1979).
An important social and political component of crime detection concerns the
nature of terrain on which they are committed, The political power and
surveillance capacities of a state are not necessarily evenly spread throughout
its terrain. In third world countries the de facto power of the criminal
justice system may be concentrated in urban centres. In the large cities of modern
industrial societies economic changes over the last fifty years, have produced
an 'internal periphery' in the older urban areas in which high unemployment,
political and social marginalization, alienation from both criminal justice and
welfare state agencies, high rates of crime and other social problems are
concentrated. Police operations in both types of areas may frequently take the
form of episodic military expedition rather than regular patrolling.
Analogous problems arise when the terrain over which the crime takes place
exceeds the geographical boundaries of the state. Modern computer assisted
financial crime usually involves sophisticated movement of funds on a world
scale and tracing the activities of criminals e.g. the 'laundering' of profits
from drug traffic may involve cooperation between the criminal justice systems
of several nation states. The differences between states both in terms of the
content of law and in the efficiency of criminal justice agencies may enable
certain types of offenders to select the terrain on which they operate or focus
the illegal aspects of their international activities (Braithwaite 1984).
The technical questions that concern detection are numerous. Money is difficult
to trace especially if it is nothing other than electronically stored
information. Unique antique art objects are more easily traceable. Between
these polar cases stands the vast bulk of 'mass private property' of motor
vehicles, televisions etc., which in their identity may present problems of
traceability akin to that of money. Secondly there is the process whereby the
crime is committed. In modern business fraud the specialist skills required to
detect and assemble the evidence of the crime are considerable and pose a
problem for police forces considered as generic multi-task bureaucracies. A
different type of complexity can be seen in crimes committed within the family
such as child sexual abuse where the evidence -may be ambiguous and depend on medical
judgement. In both areas policing has become increasingly 'multi-agency'
involving experts and agencies from outside the criminal justice system.
A crucial question both for criminological theory and policy making is the
extent to which the average 'solvability' of crime is decreasing. Technical
questions of solvability may in fact be social factors in disguise. How much of
the alleged -by police- decrease in solvability of household burglary (Newman
1985) is due to the untraceability of mass private property and how much to the
fact that the state of police community relations reduces the flow of
information from public to police is difficult to assess. Nevertheless the
hypothesis of an increase in the amount of crime coupled with a general decline
in solvability would certainly account for the recent popularity of the
preventative approach to crime control. Other 'technical' problems are
ultimately questions of social relations. The complexity of computer bank
frauds is in the last instance a question of the secrecy and discretion
dictated by the regime of competition in industrial and financial capitalism.
The problem of detecting stolen 'mass commodities' like TV sets or video
recorders is a question of the development of an economy of illegal consumer
goods into which such items once inserted, become just commodities like any
other, and the 'technical' problem of diagnosing child sexual abuse is at root
one of the relations of power and collusion in family relations.
Like crime detection, prevention has both social and technical dimensions.
What all preventative strategies have in common is the attempt to prevent the
activity of criminal offenders by means of measures which apply to all
individuals irrespective of intention. Traditionally prevention strategies have
been conceived of as technically based and concerned with 'target hardening'
which consists in the identification of potential targets (usually buildings,
vehicles, safes, computer programs etc) and making them generally difficult to
penetrate without the cooperation of the appropriate authority. Timelocks,
entry phones, computer passwords are all of this nature. A large part of the
skills of the professional criminal are concerned with the ability to
circumnavigate such obstacles. Screening focuses on the people entering or
leaving a particular area or area or activity which is vulnerable to crime.
Employees leaving a workplace may be subject to random searches as a measure
against pilferage, passengers entering commercial aircraft will have their
baggage searched as an anti-terrorist measure. Many technical 'target
hardening' devices provide an automatic opportunity for screening: the owner of
an answerphone system can refuse entry to those who arouse suspicion. Again,
the skills of the criminal are largely dedicated to outwitting such measures.
Burglars may penetrate answerphone systems by posing as public officials.
Terrorist bombs made out of non-detectable explosive carefully disguised as
cassette recorders may penetrate baggage control systems. General surveillance
and visibility may be increased by the use of video cameras e.g. in shopping
precincts, railway stations etc, by improving street lighting o increase
visibility, by architectural changes to remove some of the spatial opportunities
for crime mentioned above, or by attempts to mobilise residents in a local
neighbourhood into 'Neighbourhood Watch' Schemes to keep an eye open for
suspicious circumstances and increase the flow of information to the police.
The operation of technical crime prevention measures always has a crucial
social element. The numbers of people and the nature of their use of public
space determines the way in which geographical and architectural factors may
act as a deterrent to crime (Jacobs 1962, Newman 1972, Coleman 1986). A newly
installed system of entry phones and door locks may, by impeding movement,
increase the isolation of elderly people and so escalate their fear of and
their vulnerability to crime. A sophisticated factory or airport security
system may easily be undermined if the quality or working conditions of the
labour force does not match the sophistication of the equipment. Neighbourhood
watch schemes designed to increase surveillance will fail if the majority of
people are absent from the area during the times when crimes are most likely to
be committed (Cohen and Felson op.cit.), or simply do not look out of their
windows. Increasing the intensity of street lighting enables rapists and
muggers to see their victims more clearly every bit as much as it enables
ordinary citizens to see where they are going. A purely 'technicist' attitude
to crime prevention is incapable of understanding why the same technical
innovation works on some occasions and not others because it fails to grasp how
technical 'effects' are always mediated through the social relations between
people. (Lea 1986)
Social crime prevention so called is a more recent innovation. Its basic aim
is to construct or reconstruct as a deliberate aim of social policy the type of
social relations, usually at a micro-level within a neighbourhood of a city,
that are thought to maximise social pressure against crime. Neighbourhood Watch
schemes are seen to have a social cohesion effect as much as an opportunity
reduction effect by increasing the occasions for neighbourly cooperation in the
production of newsletters, and other means of disseminating information. Such
informal bonding increases peoples' confidence in their locality they are more
likely to be out on the streets and take an interest in what is going on and
hence increase the informal controls against crime. Even the state agencies
such as the police by their very presence (irrespective of their crime
detection activities) can be seen to contribute to a sense of public security
and so help create a self reinforcing process of greater public sense of
security and diminishing crime (Wilson 1975). Some governments have attempted
to infuse an element of legal coercion is the creation of such informal
control. Obviously the 'neighbourhood' or 'community cannot be an object (yet)
of legal regulation but the family can. Proposals to increase the
responsibility of parents for the conduct of their children will, it is
thought, give some legal backing to the 'reconstruction' of informal social
control. A final dimension of social prevention is the tendency in recent years
to identify a crime prevention aspect to almost any activity that occupies
people harmlessly, as with youth clubs, summer camps etc.
At the other end of the criminal spectrum preventative strategies have been
deployed as strategies against corporate crime. The granting of licensing
powers to business trade or financial investment associations with the
associated activities of surveillance and monitoring is regarded as an
effective, if not preferred method of crime control to that of criminal
investigation (Clarke 1983 Levi 1987). It is here that we should expect to find
some of the problems of strategies of social prevention clearly illustrated. In
the sphere of corporate crime those entrusted with the role of prevention are
not clearly differentiated from those likely to engage in criminal activities.
The question is not so much that of positive collusion as the failure of a
normative system of control to impede criminality because it implicitly
sanctions it (Pearce 1976). This is illustrated in the duplicity of the
corporate criminal offender's role the broader social structure in which he
also appears as an exemplar of the good law abiding citizen (Solivetti 1987).
In the prevention of 'street' crime analogous problems prevail.
Neighbourhood watch schemes are biased in the direction of household burglary
and vehicle theft with an inbuilt bias to view the offender as an outsider to
the neighbourhood (LRET 1986, Rosenbaum 1987) Such schemes ignore crimes such
as domestic violence because the latter are shielded by conventions of
non-interference in the private sphere. Crime prevention discourse also
frequently reinforces the separation increasingly arbitrary, between street
crime and organized crime, by imagining a world consisting only of the former.
Against organized drug dealing networks neighbourhood watch may be rather
ineffective.
In other negative ways crime prevention strategies may reproduce the
patterns of social inequality and victimization which they seek to combat.
Those areas of highest rates of street crime are the hardest areas in which to
establish preventative initiatives precisely because such areas also suffer
heavily from other social problems like unemployment, poverty, poor housing
etc. Physical crime prevention may therefore fall victim to general decay of
housing stock and streets while the lack of a sense of community, the
prevalence of ethnic conflict etc may impede either participation or make it
highly unrepresentative. The long run effect may be simply the displacement of
crime into the poorest and most socially disorganized areas of cities where
crime prevention is ineffective. Meanwhile in the area of corporate crime
regulatory bodies may end up simply displacing crime (e.g. dumping unsafe
products, violation of safety standards etc, to those areas of the third world
where all such 'surveillance' is powerless to act.
The state reacts not only to offenders but also to victims. It reacts most
effectively to those considered as illegitimate victims though in this respect
state agencies many not necessarily duplicate definitions of the victim or
prioritisation of forms of victimization widespread in society. This may be
both due to the particular class and group interests or cultural values that
predominate in the state and to forms of rationality which determine the
distribution of resources, Where the state does not recognize those forms of
victimization defined as such by significant social groups then alternative forms
of victim support are likely to develop e.g battered women's refuges, rape
crisis centres. These may then in turn become the basis for the organization of
social movements around victimization to change the priorities of state
activity.
OFFENDERS AND VICTIMS
It is one dimensional to see crime and victimization as simply the product,
or end result of a particular set of social or other determinants. A great deal
of criminology has been preoccupied with the aetiology of crime. This is only
one side of the 'square of crime' The sociology of crime cannot rest at the
sociology of the production of crime but must recognize the relative autonomy
of crime both as a subcultural phenomenon and as a form of economy with its own
dynamics of reproduction and change and capacity to effect not only its
immediate victims but society and the state in general. Just as the state and
society can react and respond to crime, so can crime react and respond to the
state and society.
Relations between offenders and their victims
Entirely random victimization is rare: the crazed gunman who walks down a
street shooting at random is not the typical criminal offender. Most offenders
have some social or economic relationship to their victims. They may live with
them as in domestic violence or spousal murder, they may live in the same
neighbourhood as with most opportunist street crime or street violence, they
may identify them as an economically suitable target in terms of the aims of
criminal enterprise as with bank robbery or commercial fraud, or they may be in
some economic market relationship such as that of customer or competitor. An
understanding of the relations between victims and offenders is crucial to
explaining both the perceived impact of crime and many of the problems associated
with its detection. A useful way of classifying such relations is in terms of
whether the offender is an individual or an institution and whether the
victimization takes place as a result of direct intention or is indirect; that
is to say it occurs as the unintended result of the pursuit of other goals. The
most obvious case of victimization where the offender is an individual and the
victimization direct is murder or physical assault. Indeed 'crime' as such is
frequently thought of as predominantly actions of this type. Domestic burglary
involves a less direct relationship between victim and offender -they may not
meet, but the offender is an individual and the offence is intended and the
target is subject to a degree of selection.
By contrast much corporate crime so-called involving the offender as an
organization involves indirect victimization[5]. The ignoring of safety
regulations is undertaken from the normal corporate goal of profit maximization
and the assumption is generally that the organization can successfully function
without them. That is not to say that corporate decision makers are unaware of
the likely victimization consequences of their actions. They may quite
cynically calculate that 'if' people die as a result of corporate actions few
consequences will fall on the corporation because of the dependence of the
government e.g. in a Third World country, on the presence of that corporation.
Alternatively a calculation may be simply made of the chances of 'accidents'
occurring and risks taken. Here corporate crime begins to move towards direct
victimization where a company quite deliberately markets a product it knows to
be unsafe as with the notorious Ford Pinto case (Cullen et.al. 1987), or
engages in the bribery of governments, assassination of trade union organizers
etc. Individual victimization can of course be indirect as in drunken driving
manslaughter or other forms of victimization resulting from individual failure
to anticipate the consequences of actions.
Victims, like offenders may be individuals or groups. The individual victim
of rape or murder stands out in the community and whether he or she is shunned
or supported by the immediate community depends on many factors noted already.
The victim may be seen as chosen only because of membership of a group -as in
racial harassment. This is likely to maximise community support. In other cases
where a group is being victimized, e.g. the consumers of contaminated products
the spread of victimization may be a factor in hiding, at least for a period,
some of its impact since individuals are unaware of differences in their own
situations compared to those of other similar people.
Action: the impact of crime
The impact of crime is perceived not as some simple observable body of facts
but through the interaction between society, the state and victims themselves.
State agencies seek objective measurable criteria such as average likelihood of
victimization, average value to property lost in burglary or criminal damage
etc. The question of resource distribution between alternative areas of social
policy creates a pressure towards a form of measurement in terms of which the
impact of a vast array of social problems can be compared. Translation of the
impact of crime into monetary terms enables governments to make comparable
estimates of the 'seriousness' of different crime problems and of crime
generally in relation to other problems competing for public resources. However
there are good and bad ways of making such calculations. Statistical averages
over a whole country can be misleading because different types of crime are
unevenly distributed and have different types of impact. Such calculations as
'the average citizen stands a chance of being a victim of crime one every four
hundred years' and 'the average property lost by burglary and theft is £50' can
become part of a political strategy to minimise the impact of crime and society
under conditions in which it is the poor and marginalized who are the major
victims of crime and the same value of property stolen from a poor person
obviously has a greater impact than if stolen from a wealthy person (Kinsey
et.al. 1986).
However the opposite strategy of allowing the victims to define impact of
crime through simple responses to social survey questions has drawbacks and may
in fact embody a similar relationship between victim and state - one of
marginality and lack of political power - as that embodies in statistical
averages of property values lost in burglary. Social surveys assume that
victims are conscious of their victimization. In terms of the classification of
victim - offender relations outlined above it is obviously the direct and
individual forms of offending that victims will be most aware of. This can
result in ignoring many forms of corporate crime of which victims may be
unaware in the short run or which may appear as simply 'accidents' to anyone
not familiar with legal regulations or the processes of corporate decision
making and where the extent of victimization - as for example with illegal
environmental pollution - may only become clear over a number of years.
The impact of crime on victims is closely allied to the question of the fear
of crime. State researchers making statistical calculations of 'risk rates' in
the manner noted above often come to the conclusion that citizens have an
'exaggerated' fear of crime in terms of their 'real exposure'. Quite apart from
the problems of using statistical averages already mentioned a crucial issue
concerns how far the victim is seen as idiosyncratic or as a typical member of
a social group. Where the victim is regarded as 'legitimate' -in the sense
previously discussed- or as having provoked the offence him or herself then the
impact of the crime on others in terms increasing the fear that similar
victimization will occur to them also will be minimized. Fear will be maximized
not only where the victim is seen as representative or typical but where the
offence is seen as linked to other offences. Women as a group are more
frightened of burglary than men, not because they are more irrational at
calculating risk rates than men but because for a woman, encountering a burglar
may involve also the risk of rape or sexual assault whereas more men may feel
they could scare off the offender. Women thus tend to have more similar rates
of fear across the spectrum of different types of crime than do men (Warr 1985)
and they are quite rational so to do. This is not to say that fear of crime. or
lack of it. is always rational. Where the impact of crime is not immediately
grasped as such it will not be feared. The irrationality of victims fear is
more likely to err on the side of underestimating crime by ignoring the impact
of corporate crime than it is to exaggerate the importance of street crime.
Fear of crime has its own impact the most important of which is a de facto
curfew on movements around the city. especially after dark coupled with
feelings of insecurity even within the home. The unintended consequences of
fewer people on the streets may well be to contribute further to the social
decay of the area and to increase the likelihood of street crime (Wilson 1975).
In conclusion neither impact of crime nor the rationality of fear can be
adequately measured by the most frequently used techniques of average risk rates
or victim surveys. Both may underestimate the real importance of crime in
people's lives unless they are seen as one, albeit important, input to the
democratic process where such exists, that is most capable of enabling ordinary
people and their elected representatives to become aware of the extent of crime
and its real impact on society. In all societies in which, even with the formal
trappings of democracy the media of communication are monopolized and distorted
and even fear of crime becomes itself a means to other political ends, this
will not be achieved.
Reaction: victim mobilisation
A cardinal principle of social stability in modern industrial societies
embodied in the criminal law is that it is the state rather than the victim
that responds to crime. The victim in most criminal legal codes exists as
witness for the state. Crime prevention strategies can be pursued by anyone
because they are aimed at citizens in general as long as they are not of a
punitive nature and do not infringe civil liberties such as the right of way in
public spaces. However the legitimacy of state agencies may be compromised in
particular sections of society due to their partisanship or inefficiency and
give rise in extreme cases to the growth of vigilante or other forms of self
policing with the support of victims and those who fear victimization. In
revolutionary situations such organs may approach the status of embryonic
alternative criminal justice systems (Santos 1980) directly challenging the
existing state. Under less dramatic conditions such alternatives may become
easily co-opted or out- manoeuvred by adaptions from existing criminal justice
agencies. In a similar way social groups perceiving that the state does not
take their victimization seriously enough may develop forms of alternative
victim support as illustrated by the growth of rape crisis centres and
voluntary refuges for women victims of domestic violence. These may in turn
become the basis for political campaigns around victimization and may in the
long run accept funding from or be incorporated into a quasi-official
relationship with the state.
Offenders, victims society and the state
Alongside the impact of crime on its victims is its impact on society and the
state. These two are frequently not distinguished, victims after all are
members of society, the fear of crime and its consequences extends beyond those
immediately victimized and the criminal justice system and various state
financed victim support services divert social resources to deal with the
consequences of crime. However as noted above, it is important sociologically
to understand criminality as a form of social behaviour, as a subsystem of
society, in fact as a 'normal' part of social activity which acts to reproduce
itself and defend the conditions of its own existence. It is otherwise
difficult to understand the continuity of various types of criminality in
modern societies.
Action: reproducing the social structure of offenders and victims
Crimes of passion do not generally exist as a particular form of social
activity with their own economy, subculture and division of labour. Spousal
murder or domestic violence might be thought of as arising spontaneously out of
the dynamics of the individuals involved in destructive marital relationships.
This simply means that the social structure and culture which sustains of such
criminal activity, namely the modern family and its associated patriarchal
values and stresses and strains on personal relations, is generally diffused
throughout the social system, a point that feminists have frequently
emphasized. A similar point could be made about much commercial crime which is
produced by the entirely normal values of business organization and methods.
At the other end of the spectrum are the elaborate organizations of
international organized crime and its leading edge: the illegal drugs and
armaments trade. While not part of normal -i.e. legal - capitalist enterprise,
it is precisely the similarity of the manufacture and trade in dangerous and
illegal commodities to legitimate enterprise in terms of the extended chain of
production, marketing and financing which requires measures to be taken to
secure the continuity and predictability of such enterprise in the face of
determined - although hitherto unsuccessful - attempts by law enforcement
agencies to interdict. In the centre of this continuum are various types of
criminal semi-economies with varying degrees of organization such localized
trade in stolen consumer goods such as video recorders or credit cards. The
more organized and continuous over time the criminal activity the more
'security conscious' it is forced to become and the more steps it must take to
secure its conditions of existence. Within these criminal economies all the
usual dynamics of competition and amalgamation pertain. Such criminal
economies, in order to secure their continuity have to both secure the
compliance of local populations and neutralize the criminal justice system.
Securing the compliance of local populations depends in the first instance
on the nature of the criminal activity. If the latter is one that members of
the local community can benefit from compliance may not even a problem: few
people in any locality are going to complain at the presence of cheap tape
cassettes or video-recorders for sale. If the activity is one that the local
population is in principle opposed to then other steps will have to be taken.
The narco-capitalists of Medellin and other Latin American drug production
centres invest a considerable number of dollars in local schools social and
health care centres and other forms of 'Robin Hood' activities which, combined
with violence and terror, aim at the maintenance of a quiescent local
population. In the older traditional Mafia regions of Sicily and Calabria
mafiosi traditionally maintained their status in the community as 'men of
honour' by helping local citizens sort out legitimate grievances with the
authorities or with powerful landowners. (Arlacchi 1985 Hess 1973). In a
similar way powerful criminal organizations may finance political parties or
particular candidates sympathetic to their interests both at a national and
regional level.
Alongside the activities of powerful criminal organizations the criminal
economy may exercise its own form of social control by bringing employment and
income to marginalized groups in society who would be otherwise unemployed.
Mike Davis's graphic description of a large city in the United States in which
as the dynamics of the modern capitalist economy moved legitimate employment
out of the older urban areas young male black teenagers have become the main
family bread winners though being able to avail themselves of the only form of
well paid economic activity in the area street dealing in cocaine and its
derivatives. (Davis 1988)
Reaction: containing and galvanising the state
Keeping the criminal justice system at arms length or otherwise rendering
ineffective its activities is important for the survival of organized crime. A
mixture of bribery and threat of violence against police or judicial personal
may be attempted depending on the relative balance of power between the two
institutions. At the lower levels of small time organized crime police officers
may be periodically found who are prepared to accept bribes and even
participate in the planning of criminal actions. In Britain in the early 80's
the 'Operation Countryman' investigations of showed something of the extent of
police involvement in such relations even in a country with a relative lack of
a tradition of state corruption and clientalism. (Doig 1984) On a more
organized level powerful criminal groups may attempt to mix bribery with the
threat of violence or assassination. The process is by no means unknown in Western
Europe in which police officers and prosecutors -and on occasion even
journalists pursuing organized crime operate under conditions of threats and
assassinations.
Even if the criminal justice system cannot be terrorized into inactivity it
may be possible for criminal organizations to enter into various sorts of
collusion. On an individual level an offender, once caught, may be granted
immunity from prosecution in return for information leading to the successful
prosecution of others. Such is the case with much organized crime and political
terrorism. Periodic 'confessions' by mafia notables, by no means all of it
producing reliable evidence, are a constant feature of the 'war on organized
crime' in both the United states and Italy. However it is the possibility of
collusion between the criminal organization and elements of the criminal
justice system with the aim of securing the continuity of criminal activity
which is of importance here. On occasion governments may deliberately pursue a
policy of collusion with criminal groups. The latter may for example be able to
provide a supplement to state agencies in the maintenance of a particular
political regime of 'law and order'. Some Latin American regimes in recent
years have openly tolerated the existence of right wing paramilitary murder
squads as a form of control of left wing political movements. States may turn a
blind eye to the use by employers of criminal gangs as strike breakers etc. The
possibility of such an alliance and its degree of openness depends on the
balance of political and social forces. Governments may miscalculate the
political situation and find their collusion with criminal groups an
embarrassment. It is currently a matter of some embarrassment to the United
States government that, as the 'Irangate' hearings have revealed, US
clandestine operations in the early 1980's a med at supplying the Nicaraguan
contras for armed struggle against the government of that country involved a
close relationship with drug traffickers in which US financed aircraft taking
illegal arms to the rebels were used for drug shipments on the return flight.
Older examples of such collusion can be found in European history as in the
years immediately following Italian unification in which the central government
whose power in the Sicily and the South was still weak allowed the Mafia to act
as an unofficial agency of law and order (Arlacchi 1985)
The final avenue open to offenders is to secure the decriminalization of
their activity. Offender groups generally do not have the collective political
power to influence their decriminalization except as part of a wider social
movement. Decriminalization of homosexual intercourse between consenting adults
required a significant liberalisation of public opinion in general for its
achievement. Drug users are a particularly powerless group. However socially
powerful groups such as corporate capital may well be consulted by governments
in the process of legislation and thereby be able to influence the formulation
of law to their advantage, even being able to engage in 'anticipatory
decriminalization' Organized crime has a much more ambiguous attitude to
decriminalization since much of the vast profits to be made by trade in illegal
commodities depends on the very situation of illegality. Consequently a more
sophisticated form of 'decriminalization' is that in which the profits of
illegal enterprise can be ploughed into safer forms of legitimate investment
through sophisticated 'laundering' procedures. (Taylor 1989 Santino 1989)
The reaction of victims to the state - as opposed to direct action by
victims against offenders - is generally to the perceived inactivity of the
latter. An exception is of course where the state itself is seen as the
offender and where the relatives of those directly victimized by the state
attempt attract political support from wider social groups, from abroad or from
subsequent governments to prosecute members of predecessor regimes. The
activity of victim groups pressing increased activity and resources from the
criminal justice system is often closely allied with movements to widen the
boundaries of criminalization itself. The key variable is the extent to which
wider groups in society will identify with the form of victimization in
question. This is governed by the factors concerning the visibility and
directness of victimization, the status of the victims in society etc discussed
above. Victim groups are at their most effective when they can become seen as
the exemplary case of a wider social issue. Thus rape victims have in recent
years benefited from a generalized support from the women's movement - which
was instrumental in setting up rape crisis centres and mounting campaigns for
changes in police and judicial treatment of rape - which saw the treatment of
such victims as epitomizing the generalized treatment of women in modern
society. They may be contrasted with the poor and elderly victims of street
mugging who during much of the same period found that the seriousness of their
victimization was being loudly contested by radical groups and being denounced
as media orchestrated 'moral panic', or the powerless victims of corporate
crime killings such as Bhopal who still any years after the event still await
adequate compensation.
Conclusion.
Most of the topics touched on in this essay could be, and are the subjects
of lengthy studies in themselves. The aim of this article has been deliberately
eclectic: to show that the development of criminology has to proceed concretely
and synthetically by bringing a wide range a different factors together in the
analysis of particular situations rather than developing one sided generalized
theories of 'the causes of crime' or 'the causes of criminalization'. The
framework of the 'square of crime' developed by Left Realism forces us to
approach seemingly simple questions like 'why has crime risen over the last
decade' as the process of a complex structure of interactions. The task now is
to demonstrate the utility of this framework in the concrete analysis of
different types of criminality and policies aimed at controlling it.
NOTES
[1] except rhetorically that is. "A philosopher produces ideas, a poet
verses, a parson sermons, a professor text books etc. A criminal produces
crime. The criminal produces not only crime but also the criminal law: he
produces the professor who delivers lectures on this criminal law, and even the
inevitable text books in which the professor presents his lectures as a
commodity for sale in the market....Further the criminal produces the whole
apparatus of the police and criminal justice, detectives, judges,
executioners..." (Marx, cited in Bottomore & Rubel 1963)
[2] Radical feminists who wish to assert with Dworkin that "The
annihilation of a woman's personality, individuality, will, character is
prerequisite to male sexuality" (Dworkin 1988) and that any man in any
situation is as likely as any other to rape have to make recourse to ever
widening and blurring of boundaries in the notion of sexual violence. Box
himself was guilty of this. (see 1983 esp. pps 121-9) and Liz kelly (Kelly
1988).
[3] The concept of marginality can end up as identical with relative
deprivation in the sense than any group with blocked access to legitimate means
of goal attainment is by definition marginalized. The only coherent use of the
term is therefore as a reference to blocked access to those legitimate
political processes such as trade unions, pressure groups, political parties
etc. which provide collective means to open up new channels for the achievement
of legitimate goals or secure welfare compensation for those who have no access
to existing means.
[4] For example some feminist commentators on the recent Yorkshire Ripper
murders in Britain have argued that it was only when the victims were no longer
prostitutes but began to include 'respectable women' that the level of public
outrage and the activities of the police were really galvanized into action.
(Jouve 1987, Cameron and Frazer 1988)
[5] This is a separate question from the legal arguments concerning negligence
and matters in which the offender is constrained to take responsibility for
negligence. Indeed a good part of the legal prosecution of this type of crime
consists precisely in the attribution of criminal responsibility for
'unintended' actions as when as large corporation is successfully penalized for
environmental damage or ignoring safety procedures -in the hope that no deaths
would in fact occur- which have in fact resulted in death. At the time of
writing British legal history is being made by the decision to criminally
prosecute the owners of the Ferry company whose alleged negligence resulted in
the sinking of a vessel with the deaths of over a hundred passengers at
Zeebrugge in 1987
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Spycatcher. New
York, Viking.
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J. Young 1971.
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The Police and
the amplification of Deviancy (in S. Cohen ed. Images of Deviance. Penguin
Books)
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J. Young 1986
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'The Failure of
Criminology: the need for a radical realism' in R. Matthews, J, Young eds.
Confronting Crime. Sage Publications.
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J. Young 1987
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The Tasks
Facing a Realist Criminology. Contemporary Crises 11 pp 337-56
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