Crime And Deviance - Human Rights And State Crimes Flashcards
Why is state crime so serious?
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)
SOCIOLOGISTS: How many people were murdered by govts during the 20th century, cited by Green & Ward?
262 million
SOCIOLOGISTS: What do Green & Ward define state crime as?
Illegal or deviant activities perpetuated by/with the complicity of state agencies
Give 2 examples of state crime?
Genocide
War crimes
SOCIOLOGISTS: What do state crimes not include, according to Green & Ward?
White-collar crime
SOCIOLOGIST: What is Chambliss’ definition of state crimes?
Acts defined by the law as criminal & committed by state officials in pursuit of their jobs as representatives of the state
EVALUATION: What is the issue with Chambliss’ definition of state crimes?
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)
SOCIOLOGIST: What does Michalowski define state crimes as?
Legally permissible acts whose consequences are similar to those of illegal acts
SOCIOLOGIST: What is Hillyard’s argument regarding defining state crime?
We should take & wider view of wrong doing & replace the study of crime with a study of harms (zemiology)
EVALUATION: What is an issue with the social harms definition of crime?
It is too vague
What do labelling theorists define state crime as?
It is socially constructed & can vary over time & between cultures & groups
EVALUATION: What are 2 criticisms of the labelling theorists definition of state crime?
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
SOCIOLOGISTS: What is Rothe & Mullins definition of state crime regarding international law?
An action by/on behalf of a state that violates international law and/or state’s own domestic law
EVALUATION: What is a strength of the international law definition of crime?
It doesnt depend on the sociologists definition of harm & who the relevant audience is
EVALUATION: What are 2 criticisms of the international definition of state crime?
Socially constructed and focuses too much on war crimes and not other state crimes e.g. corruption
What are natural human rights?
People have rights because they exist e.g. right to free speech
What are civil human rights?
Right to vote/education etc.
What does a right act as?
Protection against the power of the state
SOCIOLOGISTS: What are the Schwendinger’s definition of crime?
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
EVALUATION: What is a strength of the Schwendinger’s definition of state crime?
Example of transgressive criminology
EVALUATION: How does Cohen criticise the Schwendingers?
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
SOCIOLOGIST: What does Cohen say about how human rights & state crime are linked?
Both are central to political & criminological debate
EVALUATION: What are 2 strengths of Cohen’s viewpoint?
There has been growth & impact of the international human rights movement e.g. amnesty international & an increased focus on victims within criminology
SOCIOLOGIST: What is the spiral of denial, suggested by Cohen?
Argues whilst dictatorships simply ignore their human rights crimes, democracies have to legitimate their actions in complex ways (spiral of denial)
What are the 3 stages of the spiral of denial?
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
SOCIOLOGISTS: What is neutralisation theory, suggested by Sykes & Matza?
5 neutralisation techniques used to justify deviant behaviour (subcultures)
SOCIOLOGIST: How does Cohen build up on the neutralisation theory?
Argues the state uses the same techniques to justify human rights violations e.g. torture
What are the 5 neutralisation techniques suggested by neutralisation theory?
Denial of the victim, injury, responsibility
Condemning the condemners
Appeal to higher loyalty
