Crime And Deviance - Human Rights And State Crimes

Question 1

Why is state crime so serious?

Answer 1

It has enormous power so it gives it the potential to inflict harm on a huge scale
The state define what is criminal -> power can conceal crimes & evade punishment (undermines the justice system)

Question 2

SOCIOLOGISTS: How many people were murdered by govts during the 20th century, cited by Green & Ward?

Answer 2

262 million

Question 3

SOCIOLOGISTS: What do Green & Ward define state crime as?

Answer 3

Illegal or deviant activities perpetuated by/with the complicity of state agencies

Question 4

Give 2 examples of state crime?

Answer 4

Genocide
War crimes

Question 5

SOCIOLOGISTS: What do state crimes not include, according to Green & Ward?

Answer 5

White-collar crime

Question 6

SOCIOLOGIST: What is Chambliss’ definition of state crimes?

Answer 6

Acts defined by the law as criminal & committed by state officials in pursuit of their jobs as representatives of the state

Question 7

EVALUATION: What is the issue with Chambliss’ definition of state crimes?

Answer 7

Using a state’s own definition of domestic law to define state crime is inadequate -> they can make laws to avoid criminalising their own actions e.g. the Nazis (passed a law permitting sterilisation of the disabled)

Question 8

SOCIOLOGIST: What does Michalowski define state crimes?

Answer 8

Legally permissible acts whose consequences are similar to those of illegal acts

Question 9

SOCIOLOGIST: What is Hillyard’s argument regarding defining state crime?

Answer 9

We should take & wider view of wrong doing & replace the study of crime with a study of harms (zemiology)

Question 10

EVALUATION: What is an issue with the social harms definition of crime?

Answer 10

It is too vague

Question 11

What do labelling theorists define state crime as?

Answer 11

It is socially constructed & can vary over time & between cultures & groups

Question 12

EVALUATION: What are 2 criticisms of the labelling theorists definition of state crime?

Answer 12

It is even vaguer & is unclear of who decides whether state crime has been committed
It ignores the fact that definitions may be manipulated by a ruling class ideology

Question 13

SOCIOLOGISTS: What is Rothe & Mullins definition of state crime regarding international law?

Answer 13

An action by/on behalf of a state that violates international law and/or state’s own domestic law

Question 14

EVALUATION: What is a strength of the international law definition of crime?

Answer 14

It doesnt depend on the sociologists definition of harm & who the relevant audience is

Question 15

EVALUATION: What are 2 criticisms of the international definition of state crime?

Answer 15

International law is a social construction of law involving the use of power
Focuses too much on war crimes & crimes against humanity rather than other state crimes e.g. corruption

Question 16

What are natural human rights?

Answer 16

People have rights because they exist e.g. right to free speech

Question 17

What are civil human rights?

Answer 17

Right to vote/education etc.

Question 18

What does a right act as?

Answer 18

Protection against the power of the state

Question 19

SOCIOLOGISTS: What are the Schwendinger’s definition of crime?

Answer 19

A basic violation of human rights instead of breaking the law -> state that denies human rights should be defined as criminal & can be seen as a perpetrator of crime rather than the authority that defines & punishes it

Question 20

EVALUATION: What is a strength of the Schwendinger’s definition of state crime?

Answer 20

Example of transgressive criminology

Question 21

EVALUATION: How does Cohen criticise the Schwendingers?

Answer 21

Some crimes are gross violations of human rights e.g. genocide however some acts are just immoral
There is limited agreement on what is a human rights instead e.g. life & liberty not freedom & poverty

Question 22

SOCIOLOGIST: What does Cohen say about how human rights & state crime are linked?

Answer 22

Both are central to political & criminological debate

Question 23

EVALUATION: What are 2 strengths of Cohen’s viewpoint?

Answer 23

There has been growth & impact of the international human rights movement e.g. amnesty international & an increased focus on victims within criminology

Question 24

SOCIOLOGIST: What is the spiral of denial, suggested by Cohen?

Answer 24

Argues whilst dictatorships simply ignore their human rights crimes, democracies have to legitimate their actions in complex ways (spiral of denial)

Question 25

What are the 3 stages of the spiral of denial?

Answer 25

Stage 1 -> it didnt happen
Stage 2 -> if it did happen, it was something else
Stage 3 -> even if it is what you say it was justified

Question 26

SOCIOLOGISTS: What is neutralisation theory, suggested by Sykes & Matza?

Answer 26

5 neutralisation techniques used to justify deviant behaviour (subcultures)

Question 27

SOCIOLOGIST: How does Cohen build up on the neutralisation theory?

Answer 27

Argues the state uses the same techniques to justify human rights violations e.g. torture

Question 28

What are the 5 neutralisation techniques suggested by neutralisation theory?

Answer 28

Denial of the victim, injury, responsibility
Condemning the condemners
Appeal to higher loyalty