7. Globalistation, Green Crime and State Crime Flashcards
Globalisation and crime
Globalisation is the process of the world becoming more interconnected through economies, information technology and people.
Held beliefs of globalisation
He refers to globalisation as the ‘widening, deepening and speeding up of world wide interconnectedness’
Castells
Castells argues that the effects of globalisation have led to a global criminal economy worth over £1 trillion a year
Globalisation and new crime
Globalisation has expanded or led to new crimes. These consist of: drugs trade, human trafficking, financial crimes, cyber crimes, transnational organised crime, terrorism
Drugs trade
-The sale and distribution of illegal drugs often from one country to another. This has increased due to globalisation because communication and connections between people in different countries has been made extremely easy due to increased technology
-World Drug Report estimated industry turns over around ‘$400 billion’
Human trafficking
-Women for prostitution
-Children for slavery
-Human transplant organs/parts
-Smuggling of illegal immigrants
-Generates around $500 billion
-Occurs as much easier to transport across different countries
Financial crimes
-More money can be moved around the world with greater ease due to globalisation
=Tax fraud and money laundering
-Often done by those with more money in higher occupations
Cyber crimes
-Use of a computer as a tool to commit crimes over the internet such as identity theft, credit card theft, computer hacking.
-Caused by globalisation as better technology
Transnational organised crime
-Globalisation leads to economic insecurity which leads to crime amongst working class men
-May be forced to commit street crimes etc to provide for fsmiky
Terrorism
-Small groups of terrorists linked by ideology rather than territory and whose communications are increasingly conducted by internet links
-People can be groomed online and enticed to extremist views leading to terror attacks
-Globalisation causes this due to ease of communication
Problems for criminal justice system
According to Tim Newburn (2013) globalisation leads to problems for crime justice system. He identifies the following effects:
Loss of sovereignty
-Globalisation has reduced the power to deal with some criminal acts.
-There may be disputes over crimes that are committed in one country but have an effect in another country.
-Internet fraud can lead to a financial loss in one country other than the one where criminal is located
-Leads to dispute between countries over who has jurisdiction
New and more crimes committed
-Provides opportunities for committing new or more crimes.
-Criminals can take advantage of variations in legislation between countries to escape punishment and prosecution, by moving between countries to avoid arrest.
World Risk Society- BECK (1999)
-Globalisation meant we now live in a ‘world risk society’
-This is an environment of constant risk of global threats (e.g. terrorism, organised crime, immigration)
-People have awareness of events happening thousands of miles away due to media which leads to risk awareness- media amplifies
-Another reason for this is the public have lost faith in governments to effectively contain and control such risks
Evaluation of globalisation
Weaknesses
-Taylor’s approach is too deterministic. Assumes economic deregulation in working class makes them commit crime
-Feminists argue the impact of global crime has meant many criminal justice systems around the world tend to be gender blind when comes to female human trafficking
-Argument that cyber crimes are just terrestrial crimes through different medium. E.g. stalking and theft.
Green crime
Crime that causes damage or harm to the environment. Can take different forms:
Types of green crime
Harm or destruction of wildlife- damage to animals, plants, fish
Illegal dumping of waste- often toxic material into waterways, the air and land (fly tipping)
Industrial disasters- chemical, oil and nuclear disasters
Deforestation- Illegal logging and trade in timber
Air pollution- from motor vehicles (carbon monoxide) and factories
Relationship between globalisation and green crime
Single ecosystem: Effects of environmental crimes are not restricted to a certain location or national boundary but are global in nature- realisation the planet is a single ecosystem. For example air pollution led to depletion of ozone layer contributing to world wide climate change
Defining crimes against the environment
Criminologists are divided over what constitutes a ‘green crime’. Traditional criminology and green criminology both take a different approach.
Traditional criminology
-Argues that green crime should be defined in a narrow sense. Therefore green crime is defined as any activity which breaks a law that protects the environment.
-Situ and Emmons claim crimes against the environment are ones that break national and international criminal laws and are therefore subject to prosecution.
Green criminology
-Breaks the boundaries of traditional criminology and focuses on the concept of ‘harm’ rather than ‘crime’.
-See a crime if something causes harm to environment even if it doesn’t break international law.
Green criminology: two types of green crimes
From a green criminology approach, Nigel South (2004), identifies two types of green crimes: primary green crimes and secondary green crimes.
Primary green crimes
-Those that cause cause degradation and and destruction of the earths resources; they are often not seen as breaking any criminal law.
-South argues because of the extent of the damage they do to the environment, they should come under tighter regulation and laws. Some examples are:
•Crimes of air pollution
•Crimes of deforestation
•Crimes of species decline and animal abuse
•Crimes of water pollution
Secondary green crimes
-Those illegal under either national or international law, but which may not be enforced.
-These crimes often occur openly but go unpunished and are often committed by powerful groups such as the state and corporate organisations:
•State violence against oppositional groups
•Hazardous waste and organised green crime
Theoretical approaches to global crime
Global risk society and green crime + capitalism
Global risk society theory (Beck)
-The effects of globalisation and green crime have led to ULRICH BECK to develop this theory
-Argues new technologies in industrial world have given rise to manufactured risks which affect individual lives and the planet itself
-‘Green crime’ is part of these new risks by bringing new patterns of crime which can bring new consequences we cannot easily predict or control.
Capitalism and green crime
-Michael Lynch (radical Marxist) argues green crimes are caused mainly by capitalist ideology, the prioritisation of economic interest over the well being of the environment.
-Nigel South uses the term ‘corporate colonisation of nature’ in which he means nature is exploited for profits.
Evaluation of green crimes
Strengths
-Making us aware of the complicated legal issues involved when dealing with green crimes. E.g. complicated issues around prevention, policing and prosecution
Weaknesses
-A criticism of the traditional criminology approach is that making green crimes a criminal offence does not necessarily stop that crime from happening. Some sociologists argue that in creating and defining environmental offences, environmental crime is consequently increased and criminals will undoubtedly profit as a result.
-Not sufficient to blame all on capitalism
-Problem with defining terms such as ‘harm’
State crimes
-Recently, criminologists have paid more attention to crimes committed by the ‘state’ or government
-Penny Green and Tony Ward define a state crime as an illegal or deviant act perpetrated by or with the complicit involvement or state agencies
Issues with state crime
There are issues that come with state crimes making them very difficult situations:
Scale of state crimes committed
-State crimes differ from other types of crimes due to their scale and severity, and the consequences they can have on human life
-Human Security Report stated that in past 100 ywars more people have been killed by their own government than foreign armies
-The wealth available makes it possible to commit crimes on a much larger scale than individuals
-Governments have ability to carry out mass violence or unintended state crime consequences such as poverty, homelessness etc.
States avoid accountability
-State itself able to shape and influence judicial systems
-States can decide laws and determine who faces prosecution which they may alter to benefit them
International laws
-State crimes often contravene the states own criminal laws and/or international laws
-Such laws are often ignored by states during times of war because international laws are difficult for the United Nations or International Criminal Court to intervene in and to bring to account those states responsible for violating international law.
-Rwnanda genocide no one could get involved because it was their sovereignty
Types of state crime Eugene McLaughin divided state crime into 4 categories:
Political crimes: rigging elections, corruption and censorship
Crimes by police and security forces: illegal torture, genocide, illegal detentions DJ assassinations
Economic crimes: breaking official health and safety laws in state run organisations
Social and cultural crimes: mistreatment of minorities, such as suppression of identity. E.g. banning of Burka in France
Examples of state crimes
-Killing of innocent civilians
-Use or torture
-War on terror (Invasion of Iraq by US forces considered illegal as Iraq did not attack US
-Genocide
Problems with defining state crimes
There is some controversy in defining what a state crime actually is. Here are some of the definitions offered by criminologists and sociologists:
Domestic law
-A state crime can be defined as one that breaks the laws of the society which the crime takes place
-A problem with defining a state crime as one an action violating domestic laws is that the state has the power to make laws and it can therefore legalise certain actions to benefit them
-For example, North Korea and Saudi Arabia make it legal to sentence or even execute those who criticise their regime
International laws
-State crimes can be defined as those breaking international laws, laws creates and agreed between national states
-An advantage of this is that there is an agreed definition of what constitutes a state crime between the countries
-However, international laws are open to interpretation and are very difficult to enforce in practice.
-Most powerful nations such as US, Russia and China have not even joined up to the International Criminal Court as they refuse to submit to its authority.
-Bribery still occurs as well
Violation of human rights
-Herman Schwendinger and Julia Schwendinger (1975) define a state crime as one in which states of their agents tolerate, perpetuate or fai to eradicate violations of people’s rights from sexism, racism and economic exploitation because they are denying people their basic human rights.
-This definition allows state crime to be judged on a global level
-Rights are a social construct, therefore state can impose what its belief rights are
Explaining state crimes
The culture of denial theory and Authoritarian personality
The culture of denial theory
-Stan Cohen (1996), argues although a state may accept and agree to international conventions and laws against human rights violations, many governments around the world will continue to commit them.
-They are often kept ‘hidden’ but I’d found out attempts are made to normalise or rationalise through denial. This is the spiral of denial.
Cohen’s Spiral of denial
Stage 1: It doesnt happen here e.g. government denies it happens or they are not aware of it
Stage 2: If it did happen, it’s something else. Governments language of denial to claim it was something else or ‘self defence’ or ‘collateral damage’
Stage 3: Even if it is what you say it is, it’s justified. Government claim their actions were correct and completely justified. E.g. may claim they were protecting national security as part of the war on terrorism.
Neutralisation theory
-Cohen applied classic work on neutralisation techniques to explain why state crimes are justified or seen as more acceptable. He applied 5 techniques governments use to make sure immoral actions have been neutralised
Denial or victim- idea victims are real criminals ‘they started it’
Denial of injury- the view victim did not suffer ‘they are used to violence’
Denial of responsibility- Individuals were merely following orders
Condemnation of the condemners- involves accusing those who make judgements as hypocrites or behaving in a worse manner ‘using double standard to judge us’
Appeal to higher cause- Using ideology as justification e.g. the purity of Islam.
Authoritarian personality
-Adorno et al designed an F scale questionnaire (F standing for fascist) and gave it to over 2000 Americans to complete: from this he was able to identify and authoritarian personality type.
-This personality has a tendency to be obedient to authority without question
-Many Germans in Second World War had this type (Nazis)
-Argued it could be due to early childhood experiences
-16 nazi war ceimjnals scored highly on the test
Evaluation of state crimes
Strengths
-No longer a marginal topic, brought light to the crimes committed by higher ups
-Raised awareness of how to define crimes and what it should include
-Spiral of denial theory
Weaknesses
-Cultural differences ignored
-Human rights violations are sometimes necessary for national interest
-Unlikely all people share a personality type
