State Crime Flashcards
Green & Ward (2005)
define state crime as illegal dev activs perp by / w/ complicity of state agencies
McLaughlin (2001)
4 categories of state crime;
political - corruption/censorship
crimes by sec / police forces - genocide / torture
economic - violation of health & safety laws
soc & cul - insitu racism
Domestic Law
Chambliss - acts defined by law as criminal & commited by state officials as reps of the state
but states have power to make laws to avoid crim actions - Nazi law permitting forced sterilisation of disabled ppl
Social Harm & Zemiology
Michalowski (1985) state crimes include illegal acts & legally permissable acts where consequens = sim to those of illegal acts
Hillyard (2004) replaces study of crime w/ zemiology regardless of if against law
creates single standard to judge dif govs by - harm = vague - what level must be reached? = too wide - who decides? - replaces w/ socios arbitrary defi that = hard to police
Labelling & Social Reaction
recogs state crime = soc construc
Kauzlarich (2007) study of anti war protesters - war in Iraq = harmful & illegit but X crime
recogs soc construc but = v vague & not v useful in trying to determine if state has committed crime - ignores that auds defis may be manipulated by RC ideo - media portrayal
International Law
Rothe & Mullims (2003) = acts by / for state that violates internat law &/ own dom law - breaking Geneva conven on war crimes
doesn’t depend on socios own defi = m obj
but internat law = soc construc made by those in power eg Strand & Tuman (2012) Japan sought to overturn law against whaling by concen aid on impov microstates as bribe
Human Rights
UN Dec of HR 1948 - Schwendinger (1975) state crime should be defined as violation of ppls basic human rights by state / agents
Cohen (1996) just bc something morally wrong X mean = crim - no definitive list - hard to defi what = violation - but Cohen admits states often to try to deny/cover up breaking HR = 2 ways
Why is State Crime so Serious?
carried out on large scale - Cambodia 1975-78 2 mil civs - 20% of pop = killed by Khmer Rouge gov
state = source of law -
Spiral of Denial
= 3 step process
states deny HR abuses ever happened - m likely in dicta
someone proves happened - state claimed things aren’t as seem
proven things are as appear - state claim = justi
Neutralisation Theory
Sykes & Matza (1957) = 5 ways devs try to make actions seen reasonable = neut - cohen agrees
denial of injury = fighting back - others started
vic of crim abuse X vic = violent & behav = worse than states behav
condem of condemer - crit = unfair - states have commited worse crimes
appeal to higher loyalties = bigger reason than just personal gain
denial of respon - acting on odds of someone else / doing duty